Vol. 77 Wednesday, No. 138 July 18, 2012

Pages 42175–42416

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 77, No. 138

Wednesday, July 18, 2012

Agriculture Department Employment and Training Administration See Animal and Plant Health Inspection Service NOTICES See Rural Housing Service Determinations Regarding Eligibility to Apply for Worker See Rural Utilities Service Adjustment Assistance, 42335–42338 Investigations Regarding Eligibility to Apply for Worker Animal and Plant Health Inspection Service Adjustment Assistance, 42338–42339 PROPOSED RULES Viruses, Serums, Toxins, and Analogous Products: Energy Department Exemptions from Preparation Pursuant to an See Energy Efficiency and Renewable Energy Office Unsuspended and Unrevoked License, 42195–42197 See Federal Energy Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: National Petroleum Council, 42297–42298 Brucellosis Program, 42256–42257 National Animal Health Monitoring System; Layers 2013 Energy Efficiency and Renewable Energy Office Study, 42255 NOTICES Specimen Collection, 42256 Solicitations of Nominations: Solicitations for Membership: Biomass Research and Development Technical Advisory General Conference Committee of National Poultry Committee, 42298–42299 Improvement Plan, 42257–42258 Environmental Protection Agency Centers for Disease Control and Prevention RULES NOTICES Disposition of Requests Submitted Under TSCA Section 21: Agency Information Collection Activities; Proposals, Polychlorinated Biphenyls, 42181–42185 Submissions, and Approvals, 42314–42316 PROPOSED RULES National Emission Standards for Hazardous Air Pollutants: Centers for Medicare & Medicaid Services Portland Cement Manufacturing Industry Plants, 42368– NOTICES 42412 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 42316–42317 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coast Guard Allegations of Significant Adverse Reactions to Human RULES Health or Environment, 42306–42307 Safety Zones: Health and Safety Data Reporting, Submission of Lists Annual Fireworks Events in Captain of the Port Detroit and Copies of Health and Safety Studies, 42304– Zone, 42176–42179 42305 Fireworks Display, Potomac River, Charles County, NSPS for Petroleum Dry Cleaners, 42303–42304 Newburg, MD, 42179–42181 Regulations.gov Information Collection, 42305–42306 NOTICES Meetings: Agency Information Collection Activities; Proposals, FIFRA Scientific Advisory Panel, 42307–42310 Submissions, and Approvals, 42321–42322 Proposed Administrative Cost Recovery Settlements: Commerce Department Middletown, CT; RLO Properties, Inc., Omo See Industry and Security Bureau Manufacturing Site, Middletown, CT, 42310 See International Trade Administration Executive Office of the President See National Oceanic and Atmospheric Administration See Presidential Documents Defense Department See Navy Department Federal Aviation Administration NOTICES PROPOSED RULES Meetings: Airworthiness Directives: Department of Defense Military Family Readiness PILATUS AIRCRAFT LTD. Airplanes, 42225–42228 Council, 42297 Amendments of Class E Airspace: Wilkes–Barre, PA, 42228–42229 Department of Transportation See Pipeline and Hazardous Materials Safety Federal Communications Commission Administration RULES Relay Services for Deaf–Blind Individuals, 42187–42189 Drug Enforcement Administration Rural Health Care Support Mechanism, 42185–42187 NOTICES Proposed Adjustments of Assessments of Annual Needs: Federal Energy Regulatory Commission List I Chemicals Ephedrine, Pseudoephedrine, and NOTICES Phenylpropanolamine for 2012, 42333–42334 Combined Filings, 42299–42300

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Commission Staff Attendance, 42300 Meetings: Filings: Orthopaedic and Rehabilitation Devices Panel of Medical Enogex LLC, 42300–42301 Devices Advisory Committee, 42318–42319 Initial Market-Based Rate Filings Including Requests for Vaccines and Related Biological Products Advisory Blanket Section 204 Authorization: Committee, 42319–42320 Meadow Creek Project Co. LLC, 42301 Power Dave Fund LLC, 42301 Health and Human Services Department Spion Kop Wind, LLC, 42302 See Centers for Disease Control and Prevention W Power, LLC, 42301–42302 See Centers for Medicare & Medicaid Services Requests under Blanket Authorization: See Food and Drug Administration Texas Gas Transmission, LLC, 42302–42303 See National Institutes of Health NOTICES Federal Highway Administration Charter Renewals: NOTICES Advisory Group on Prevention, Health Promotion, and Designations of Transportation Management Areas, 42354– Integrative and Public Health, 42313–42314 42359 Homeland Security Department Federal Maritime Commission See Coast Guard NOTICES See U.S. Immigration and Customs Enforcement Agreements Filed, 42310–42311 Ocean Transportation Intermediary Licenses: Housing and Urban Development Department Applicants, 42311 NOTICES Reissuances, 42311–42312 Agency Information Collection Activities; Proposals, Revocations, 42312 Submissions, and Approvals: Federal Procurement Policy Office FY 13 Transformative Initiative Sustainable Communities NOTICES Research Grant Program, 42324–42325 Improving Contracting Officers’ Access to Relevant Integrity Public Housing Agency Lease and Grievance Information, 42339 Requirements, 42323–42324 Screening and Eviction for Drug Abuse and Other Federal Reserve System Criminal Activity, 42323 NOTICES Changes in Bank Control: Indian Affairs Bureau Acquisitions of Shares of a Bank or Bank Holding NOTICES Company, 42312 Agency Information Collection Activities; Proposals, Formations of, Acquisitions by, and Mergers of Bank Submissions, and Approvals: Holding Companies, 42312–42313 Indian Reservation Roads, 42326–42327

Federal Retirement Thrift Investment Board Industry and Security Bureau NOTICES NOTICES Meetings; Sunshine Act, 42313 National Defense Stockpile Market Impact Committee Request for Public Comments: Federal Transit Administration Potential Market Impact of Proposed Supplement to the NOTICES Fiscal Year 2013 Annual Materials Plan, 42271– Designations of Transportation Management Areas, 42354– 42273 42359 FTA Supplemental Fiscal Year 2012 Apportionments, Interior Department Allocations, and Program Information, 42359–42360 See Fish and Wildlife Service Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau PROPOSED RULES See Office of Natural Resources Revenue Endangered and Threatened Wildlife and Plants: See Surface Mining Reclamation and Enforcement Office 12-Month Finding on a Petition to List Six Sand Dune Beetles, 42238–42251 NOTICES International Trade Administration Endangered and Threatened Wildlife and Plants Recovery NOTICES Permits, 42325–42326 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Food and Drug Administration Solid Urea from Russian Federation, 42273–42276 PROPOSED RULES Antidumping Duty Orders; Results, Extensions, Filings of Food Additive Petitions; Correction Amendments, etc.: Gruma Corp., Spina Bifida Association, March of Dimes Certain Cased Pencils from People’s Republic of China, Foundation, American Academy of Pediatrics, Royal 42276–42278 DSM N.V., and National Council of La Raza, 42229 NOTICES International Trade Commission Funding Availabilities: NOTICES Establish Patient-Based Registry to Evaluate Association Antidumping Duty Investigations; Results, Extensions, of Gadolinium Based Contrast Agents Exposure and Amendments, etc.: Nephrogenic Systemic Fibrosis, 42317–42318 Large Power Transformers from Korea, 42332

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Justice Department National Science Foundation See Drug Enforcement Administration NOTICES See Justice Programs Office Meetings: NOTICES Proposal Review Panel for Chemistry, 42341 Lodgings of Consent Decree Modifications: Clean Water Act, 42332–42333 Navy Department Justice Programs Office NOTICES Meetings: NOTICES Ocean Research and Resources Advisory Panel, 42297 Meetings: Attorney General’s National Task Force on Children Exposed to Violence; Correction, 42334–42335 Nuclear Regulatory Commission NOTICES Labor Department Meetings; Sunshine Act, 42341 See Employment and Training Administration Office of Natural Resources Revenue Land Management Bureau PROPOSED RULES NOTICES Meetings: Morley Nelson Snake River Birds of Prey National Indian Oil Valuation Negotiated Rulemaking Committee, Conservation Area Proposed Supplementary Rules, 42230 42327–42329 Management and Budget Office Pipeline and Hazardous Materials Safety Administration See Federal Procurement Policy Office NOTICES Actions on Special Permit Applications, 42360–42361 Mississippi River Commission Applications for Modifications of Special Permits, 42361– NOTICES 42362 Meetings; Sunshine Act, 42339 Applications for Special Permits, 42362–42363 Delays in Processing of Special Permits Applications, 42363 National Archives and Records Administration NOTICES Postal Regulatory Commission Records Schedules; Availability, 42339–42340 NOTICES National Credit Union Administration New Postal Products, 42341–42342 Post Office Box Service Enhancements, 42342–42343 NOTICES Meetings; Sunshine Act, 42341 Presidential Documents National Institutes of Health ADMINISTRATIVE ORDERS NOTICES Liberia, Former Regime of Charles Taylor; Continuation of Meetings: National Emergency (Notice of July 17, 2012), 42413– Center for Scientific Review, 42320–42321 42415

National Oceanic and Atmospheric Administration Rural Housing Service RULES NOTICES Fisheries of the Caribbean, Gulf of Mexico, and South Funding Availabilities: Atlantic: Farm Labor Housing Loans and Farm Labor Housing Comprehensive Annual Catch Limit Amendment Grants for Off-Farm Housing for Fiscal Year 2012, Supplement, 42192–42193 42258–42265 Fisheries of the Economic Exclusive Zone Off Alaska: Shallow-Water Species Fishery by Vessels Using Trawl Gear in Gulf of Alaska; Closure, 42193–42194 Rural Utilities Service Marine Recreational Fisheries of the United States: NOTICES National Saltwater Angler Registry and State Exemption Funding Availabilities: Program, 42189–42192 Section 515 Multi-Family Housing Preservation PROPOSED RULES Revolving Loan Fund Demonstration Program for Fisheries of the Caribbean, Gulf of Mexico, and South Fiscal Year 2012, 42265–42271 Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 34, Securities and Exchange Commission 42251–42254 RULES NOTICES Securities Act Industry Guides; Technical Amendments, Endangered and Threatened Species: 42175 Takes of Anadromous Fish, 42278 Temporary Registration of Municipal Advisors: Meetings: Technical Amendment, 42176 Fisheries of South Atlantic; South Atlantic Fishery NOTICES Management Council, 42279 Self-Regulatory Organizations; Proposed Rule Changes: New England Fishery Management Council, 42278–42279 BATS Y–Exchange, Inc., 42350–42352 Takes of Marine Mammals Incidental to Specified NYSE Amex LLC, 42349–42350 Activities: NYSE Arca, Inc., 42343–42345, 42347–42349 Wharf Construction Project, 42279–42297 NYSE MKT LLC, 42345–42347

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Small Business Administration United States Mint PROPOSED RULES NOTICES Small Business Size Standards: Price for the Making American History Coin and Currency Arts, Entertainment, and Recreation, 42211–42225 Set, 42365 Construction, 42197–42211 NOTICES Major Disaster Declarations: Veterans Affairs Department Florida, 42352–42353 PROPOSED RULES Requests for Conflict of Interest Exemptions: Grants for Rural Veterans Coordination Pilot, 42230–42238 Accretive Investors SBIC, LP, 42353 NOTICES Ascent Venture Partners IV–A, LP, 42353 Meetings: Escalate Capital Partners SBIC I, LP, 42353–42354 Health Services Research and Development Service Ironwood Mezzanine Fund III–A, LP, 42353 Scientific Merit Review Board, 42365 Surface Mining Reclamation and Enforcement Office NOTICES Environmental Impact Statements; Availability, etc.: Separate Parts In This Issue Four Corners Power Plant and Navajo Mine Energy Project, 42329–42332 Part II Transportation Department Environmental Protection Agency, 42368–42412 See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Part III See Pipeline and Hazardous Materials Safety Presidential Documents, 42413–42415 Administration Treasury Department See United States Mint Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals, 42363–42365 and notice of recently enacted public laws. U.S. Immigration and Customs Enforcement To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Agency Information Collection Activities; Proposals, listserv.access.gpo.gov and select Online mailing list Submissions, and Approvals: archives, FEDREGTOC-L, Join or leave the list (or change Application for Removal, 42322–42323 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Notices: Notice of July 17, 2012 ...... 42415 9 CFR Proposed Rules: 107...... 42195 13 CFR Proposed Rules: 121 (2 documents) ...... 42197, 42211 14 CFR Proposed Rules: 39...... 42225 71...... 42228 17 CFR 229...... 42175 249...... 42176 21 CFR Proposed Rules: 172...... 42229 30 CFR Proposed Rules: 1206...... 42230 33 CFR 165 (2 documents) ...... 42176, 42179 38 CFR Proposed Rules: 64...... 42230 40 CFR Ch. I ...... 42181 Proposed Rules: 60...... 42368 63...... 42368 47 CFR 54...... 42185 64...... 42187 50 CFR 600...... 42189 622...... 42192 679...... 42193 Proposed Rules: 17...... 42238 622...... 42251

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Rules and Regulations Federal Register Vol. 77, No. 138

Wednesday, July 18, 2012

This section of the FEDERAL REGISTER regulations, or statements of the authorized the staff to issue technical contains regulatory documents having general Commission.1 amendments to Industry Guide 3 and applicability and legal effect, most of which I. Background Industry Guide 7 to conform the are keyed to and codified in the Code of Industry Guides to the FASB Federal Regulations, which is published under On June 30, 2009, the Financial Codification.5 50 titles pursuant to 44 U.S.C. 1510. Accounting Standards Board (‘‘FASB’’) The Code of Federal Regulations is sold by issued FASB Statement of Financial II. Discussion Accounting Standards No. 168, The the Superintendent of Documents. Prices of The technical amendments to the new books are listed in the first FEDERAL FASB Accounting Standards REGISTER issue of each week. CodificationTM and the Hierarchy of Industry Guides result from a Generally Accepted Accounting straightforward conversion of the prior Principles—a replacement of FASB U.S. GAAP reference to the SECURITIES AND EXCHANGE Statement No. 162 (‘‘Statement No. corresponding reference in the FASB COMMISSION 168’’), to establish the FASB Codification. All of the changes are Codification as the source of technical in nature and none of the 17 CFR Part 229 authoritative non-Commission changes are intended to represent a accounting principles recognized by the substantive change to the Industry [Release Nos. 33–9337; 34–67432] FASB to be applied by nongovernmental Guides. entities in the preparation of financial Dated: July 13, 2012. Securities Act Industry Guides statements in conformity with U.S. generally accepted accounting Elizabeth M. Murphy, AGENCY: Securities and Exchange principles (‘‘U.S. GAAP’’). Statement Secretary. Commission. No. 168 became effective for financial statements issued for interim and PART 229—[AMENDED] ACTION: Technical amendments. annual periods ending after September 15, 2009. The FASB Codification ■ 1. In Industry Guide 3 (referenced in SUMMARY: Notice is hereby given of the reorganizes existing U.S. accounting and § 229.801 and § 229.802), amend publication of technical amendments to reporting standards issued by the FASB paragraph III.C.1.(c) by removing Guide 3, Statistical Disclosure by Bank and other related private-sector standard ‘‘Statement of Financial Accounting Holding Companies (‘‘Industry Guide setters. All guidance contained in the Standards No. 15 (‘‘FAS 15’’), 3’’), and Guide 7, Description of FASB Codification carries an equal level Accounting by Debtors and Creditors for Property by Issuers Engaged or to be of authority.2 Engaged in Significant Mining Troubled Debt Restructurings’’ and The FASB Codification affects those adding in its place ‘‘FASB ASC Master Operations (‘‘Industry Guide 7’’), of the Commission rules, regulations, releases, Glossary’’. Securities Act of 1933 Industry Guides and staff bulletins that refer to specific (‘‘Industry Guides’’). These revisions are FASB standards or other private sector Note: The text of Industry Guide 3 does to conform the Industry Guides to the standard-setter literature under U.S. not, and this amendment will not, appear in FASB Accounting Standards GAAP, because such references are now the Code of Federal Regulations. CodificationTM (‘‘FASB Codification’’). superseded by the FASB Codification. ■ 2. In Industry Guide 7 (referenced in DATES: Effective July 18, 2012. On August 18, 2009, the Commission issued interpretive guidance 3 to avoid § 229.801 and § 229.802), amend FOR FURTHER INFORMATION CONTACT: confusion on the part of issuers, Instruction 1 to paragraph (a) by Jenifer Minke-Girard, Senior Associate auditors, investors, and other users of removing ‘‘FASB Statement No. 7’’ and Chief Accountant, or Annemarie financial statements about the use of adding in its place ‘‘FASB ASC Topic Ettinger, Deputy Chief Counsel— U.S. GAAP references in Commission 915, Development Stage Entities’’. Compliance, at (202) 551–5300, Office rules and staff guidance. Note: The text of Industry Guide 7 does On August 8, 2011, the Commission of the Chief Accountant, or Angela not, and this amendment will not, appear in adopted technical amendments 4 to Crane, Associate Chief Accountant, at the Code of Federal Regulations. (202) 551–3400, Division of Corporation various rules and forms under the Finance, Securities and Exchange Securities Act, the Securities Exchange [FR Doc. 2012–17449 Filed 7–17–12; 8:45 am] Commission, 100 F Street NE., Act of 1934 (‘‘Exchange Act’’), and the BILLING CODE 8011–01–P Washington, DC 20549. Investment Company Act of 1940 to conform those rules and forms to the SUPPLEMENTARY INFORMATION: The FASB Codification. In the adopting Industry Guides serve as expressions of release, the Commission noted that it the policies and practices of the Division of Corporation Finance. They 1 See Release No. 33–6384 (Mar. 16, 1982) [47 FR are of assistance to issuers, their 11476]. counsel, and others preparing 2 The FASB Codification is available at http:// registration statements and reports, as asc.fasb.org/home. well as to the staff of the Securities and 3 Release No. 33–9062A (Aug. 18, 2009) [74 FR 42772]. Exchange Commission (‘‘Commission’’). 4 Release No. 33–9250 (Aug. 8, 2011) [76 FR The Industry Guides are not rules, 50117]. 5 See id.

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SECURITIES AND EXCHANGE MA–T) will sunset from December 31, DEPARTMENT OF HOMELAND COMMISSION 2011, to September 30, 2012.3 The SECURITY Commission did not make any other 17 CFR Part 249 amendments to Rule 15Ba2–6T or Form Coast Guard [Release No. 34–66020A; File No. S7–19– MA–T. In the release extending the 10] expiration date, the Commission 33 CFR Part 165 inadvertently omitted the reference to RIN 3235–AK69 [Docket No. USCG–2012–0313] Subpart N and 17 CFR 249.1300T in the Technical Amendment to Rules for the ‘‘Statutory Authority and Text of Rule RIN 1625–AA00 and Amendments’’ section. As such, Temporary Registration of Municipal Safety Zones; Annual Fireworks Subpart N, which consists of 17 CFR Advisors Events in the Captain of the Port 249.1300T, was deleted from the Code Detroit Zone AGENCY: Securities and Exchange of Federal Regulations. The Commission Commission. is making this technical amendment to AGENCY: Coast Guard, DHS. ACTION: Final rule; technical restore Subpart N and 249.1300T to ACTION: Final rule. amendment. Title 17 of the Code of Federal Regulations. SUMMARY: The Coast Guard is amending SUMMARY: The Securities and Exchange its regulations by adding four Commission (‘‘Commission’’) is making List of Subjects in 17 CFR Part 249 permanent safety zones within the a technical amendment to rules under Reporting and recordkeeping Captain of the Port Detroit Zone. This the Securities Exchange Act of 1934 action is necessary to provide for the requirements, Municipal advisors, (‘‘Exchange Act’’) to correct an safety of life and property on navigable Temporary registration requirements. inadvertent error. On December 21, waters during each event. This action is 2011, the Commission extended the For the reasons set out above, Title 17, intended to restrict vessel traffic in expiration date for the temporary Chapter II, of the Code of Federal portions of the Captain of the Port municipal advisor registration regime to Regulations is amended as follows: Detroit Zone. September 30, 2012. In the release DATES: extending the expiration date, the This final rule is effective on PART 249—FORMS, SECURITIES August 17, 2012. Commission inadvertently omitted a EXCHANGE ACT OF 1934 reference to Subpart N, which resulted ADDRESSES: Comments and material in the deletion of Subpart N from the received from the public, are part of ■ 1. The authority citation for part 249 Code of Federal Regulations. With this docket number USCG–2012–0313 and technical amendment, the Commission continues to read in part as follows: are available for inspection by any one is correcting the omission and adding Authority: 15 U.S.C. 78a et seq. and 7201 of the following methods: back Subpart N to the Code of Federal et seq.; and 18 U.S.C. 1350, unless otherwise (1) Federal eRulemaking Portal: Regulations. noted. http://www.regulations.gov. (2) Fax: 202–493–2251. DATES: Effective Date: July 18, 2012. * * * * * (3) Mail: Docket Management Facility FOR FURTHER INFORMATION CONTACT: Yue ■ 2. Subpart N, consisting of (M–30), U.S. Department of Ding, Attorney-Adviser, Office of § 249.1300T, is added to read as follows: Transportation, West Building Ground Market Supervision, at (202) 551–5842, Floor, Room W12–140, 1200 New Jersey Division of Trading and Markets, Subpart N—Forms for Registration of Avenue SE., Washington, DC 20590– Commission, 100 F Street NE., Municipal Advisors 0001. Washington, DC 20549–7010. (4) Hand delivery: Same as mail SUPPLEMENTARY INFORMATION: On § 249.1300T Form MA–T—For temporary address above, between 9 a.m. and registration as a municipal advisor, and for September 1, 2010, the Commission 5 p.m., Monday through Friday, except adopted interim final temporary Rule amendments to, and withdrawals from, temporary registration. Federal holidays. The telephone number 15Ba2–6T under the Exchange Act is 202–366–9329. 1 (‘‘Rule 15Ba2–6T’’), which provides for The form shall be used for temporary FOR FURTHER INFORMATION CONTACT: If the temporary registration of municipal registration as a municipal advisor, and you have questions on this rule, call or advisors under the Exchange Act, as for amendments to, and withdrawals email LTJG Benjamin Nessia, Response amended by the Dodd-Frank Wall Street from, temporary registration pursuant to Department, Marine Safety Unit Toledo, 2 Reform and Consumer Protection Act. Section 15B of the Exchange Act, (15 Coast Guard; telephone (419) 418–6040, The Commission also adopted Subpart U.S.C. 78o–4). email [email protected]. If N (Forms for Registration of Municipal Note: The text of Form MA–T does not, you have questions on viewing material Advisors), which consisted of 17 CFR to the docket, call Renee V. Wright, 249.1300T (Form MA–T—For temporary and the amendments will not, appear in the Code of Federal Regulations. Program Manager, Docket Operations, registration as a municipal advisor, and telephone 202–366–9826. for amendments to, and withdrawals Dated: July 12, 2012. SUPPLEMENTARY INFORMATION: from, temporary registration). On Elizabeth M. Murphy, December 21, 2011, the Commission Regulatory Information adopted an amendment to Rule 15Ba2– Secretary. On May 22, 2012, we published a 6T, which extended the date on which [FR Doc. 2012–17411 Filed 7–17–12; 8:45 am] notice of proposed rulemaking (NPRM) Rule 15Ba2–6T (and consequently Form BILLING CODE 8011–01–P entitled Safety Zones; Annual Fireworks Events in the Captain of the Port Detroit 1 17 CFR 240.15Ba2–6T. 2 See Securities Exchange Act Release No. 62824 3 See Securities Exchange Act Release No. 66020 Zone in the Federal Register (77 FR (September 1, 2010), 75 FR 54465 (September 8, (December 21, 2011), 76 FR 80733 (December 27, 30245). We did not receive any 2010). 2011). comments in response to the proposed

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rule. No public meeting was requested encompasses all the waters of Lake Erie a significant regulatory action because and none was held. within a 250-yard radius of the we anticipate that it will have minimal fireworks launch site located at position impact on the economy, will not Basis and Purpose 41°30′29.23″ N, 082°43′8.45″ W (NAD interfere with other agencies, will not Currently, 33 CFR 165.941(a) 83). This zone will be enforced one adversely alter the budget of any grant permanently lists fifty-six permanent evening during the first week in July. or loan recipients, and will not raise any safety zones within the Captain of the The safety zone for the Marysville novel legal or policy issues. The safety Port Detroit Zone. Each of these fifty-six Days Fireworks, Marysville, MI, zones established by this rule will be permanent safety zones corresponds to encompasses all waters of the St. Clair relatively small and enforced for an annually recurring fireworks display. River bounded by the arc of a circle relatively short time. Also, each safety A recent survey within the Captain of with a 600-foot radius with its center in zone is designed to minimize its impact the Port Detroit Zone revealed four approximate position 42°54′25″ N, on navigable waters. Furthermore, each additional recurring events that require, 082°27′58″ W (NAD 83). This zone will safety zone has been designed to allow in the Captain of the Port’s opinion, a be enforced one evening during the last vessels to transit unrestricted to safety zone because these events may week in June. portions of the waterways not affected present dangers to the boating public. The Captain of the Port Detroit will by the safety zones. Thus, restrictions The likely combination of large numbers use all appropriate means to notify the on vessel movements within any of inexperienced recreational boaters, public when the safety zones in this particular area are expected to be congested waterways, darkness ruling will be enforced. Consistent with minimal. Under certain conditions, punctuated by bright flashes of light, 33 CFR 165.7(a), such means of may moreover, vessels may still transit alcohol use, and debris falling into the include, among other things, through each safety zone when water could easily result in serious publication in the Federal Register, permitted by the Captain of the Port. On injuries or fatalities. Three of these four Broadcast Notice to Mariners, Local the whole, the Coast Guard expects additional fireworks displays occur Notice to Mariners, or, upon request, by insignificant adverse impact to mariners within a single month each year. The facsimile (fax). Also, the Captain of the from the activation of these safety zones. other event, the Put-In-Bay Chamber of Port will issue a Broadcast Notice to 2. Small Entities Commerce Fireworks, occurs four times Mariners notifying the public if a year; twice in June and twice in enforcement of a safety zone in this Under the Regulatory Flexibility Act September. Each of these additional section is cancelled prematurely. (5 U.S.C. 601–612), we have considered fireworks events typically occurs during Entry into, transiting, or anchoring whether this rule would have a the same week of its respective month, within each of these safety zones during significant economic impact on a but the exact date and times of each of a period of enforcement is prohibited substantial number of small entities. these events will be determined each unless authorized by the Captain of the The term ‘‘small entities’’ comprises year. Port Detroit, or his designated small businesses, not-for-profit organizations that are independently Background representative. The Captain of the Port or his designated representative may be owned and operated and are not To mitigate the dangers presented by contacted via VHF Channel 16. dominant in their fields, and these four recurring fireworks displays, governmental jurisdictions with the Captain of the Port Detroit has Discussion of Comments and Changes populations of less than 50,000. determined that establishing safety No comments were received and there The Coast Guard certifies under 5 zones is necessary. Thus, the Coast are no changes to the rule as proposed U.S.C. 605(b) that this rule would not Guard is amending 33 CFR 165.941 by by the NPRM published on May 22, have a significant economic impact on adding four permanent safety zones. 2012. a substantial number of small entities. These safety zones will be enforced in This rule would affect the following the following locations and at the Regulatory Analyses entities, some of which might be small following times: We developed this rule after entities: The owners and operators of The safety zone for the Catawba considering numerous statutes and vessels intending to transit or anchor in Island Club Fireworks, Catawba Island, executive orders related to rulemaking. the above portions of Lake Erie and the OH, will encompass all waters of Lake Below we summarize our analyses Saint Clair River during the period that Erie within a 250-yard radius of the based on 13 of these statutes or any of the proposed safety zones is fireworks launch site located at position executive orders. being enforced. 41–34′–18.10″ N, 082–51′–18.70″ W These safety zones will not have a 1. Regulatory Planning and Review (NAD 83). This zone will be enforced significant economic impact on a one evening during the last week in This rule is not a significant substantial number of small entities for May. regulatory action under section 3(f) of all of the reasons discussed in the above The safety zone for the Put-In-Bay Executive Order 12866, Regulatory Regulatory Planning and Review Chamber of Commerce Fireworks, Put- Planning and Review, as supplemented section. If you think that your business, In-Bay, OH, encompasses all the waters by Executive Order 13563, Improving organization, or governmental of Lake Erie within a 1000-foot radius of Regulation and Regulatory Review, and jurisdiction qualifies as a small entity the fireworks launch site located at does not require an assessment of and that this rule would have a position 41–39′–19″ N, 082–48′–57″ W potential costs and benefits under significant economic impact on it, (NAD 83). This zone will be enforced section 6(a)(3) of Executive Order 12866 please submit a comment (see one evening during the third week in or under section 1 of Executive Order ADDRESSES) explaining why you think it June, one evening during the last week 13563. The Office of Management and qualifies and how and to what degree in June, one evening during the first Budget has not reviewed it under those this rule would economically affect it. week in September, and one evening Orders. It is not ‘‘significant’’ under the during the second week in September. regulatory policies and procedures of 3. Assistance for Small Entities The safety zone for the Bay Point the Department of Homeland Security Under section 213(a) of the Small Fireworks Display, Marblehead, OH, (DHS). We conclude that this rule is not Business Regulatory Enforcement

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Fairness Act of 1996 (Pub. L. 104–121), Interference With Constitutionally adopted by voluntary consensus we want to assist small entities in Protected Property Rights. standards bodies. understanding this rule so that they can This rule does not use technical 9. Civil Justice Reform better evaluate its effects on them and standards. Therefore, we did not participate in the rulemaking process. If This rule meets applicable standards consider the use of voluntary consensus this rule would affect your small in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to business, organization, or governmental 14. Environment jurisdiction and you have questions minimize litigation, eliminate concerning its provisions or options for ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security compliance, please contact LTJG 10. Protection of Children Benjamin Nessia, Response Department, Management Directive 023–01 and Marine Safety Unit Toledo, Coast Guard; We have analyzed this rule under Commandant Instruction M16475.lD, telephone (419) 418–6040, email Executive Order 13045, Protection of which guide the Coast Guard in [email protected]. The Coast Children From Environmental Health complying with the National Guard will not retaliate against small Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 entities that question or complain about an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and this rule or any policy or action of the would not create an environmental risk have made a preliminary determination Coast Guard. to health or risk to safety that might that this action is one of a category of disproportionately affect children. actions which do not individually or 4. Collection of Information 11. Indian Tribal Governments cumulatively have a significant effect on This rule calls for no new collection the human environment. This rule This rule does not have tribal of information under the Paperwork involves the establishment of safety implications under Executive Order Reduction Act of 1995 (44 U.S.C. 3501– zones and thus, is categorically 13175, Consultation and Coordination 3520). excluded under paragraph (34)(g) of the With Indian Tribal Governments, Instruction. An environmental analysis 5. Federalism because it does not have a substantial checklist supporting this determination direct effect on one or more Indian is available in the docket where A rule has implications for federalism tribes, on the relationship between the under Executive Order 13132, indicated under ADDRESSES. We seek Federal Government and Indian tribes, any comments or information that may Federalism, if it has a substantial direct or on the distribution of power and effect on State or local governments and lead to the discovery of a significant responsibilities between the Federal environmental impact from this rule. would either preempt State law or Government and Indian tribes. impose a substantial direct cost of List of Subjects in 33 CFR Part 165 compliance on them. We have analyzed 12. Energy Effects Harbors, Marine safety, Navigation this rule under that Order and have We have analyzed this rule under (water), Reporting and recordkeeping determined that it does not have Executive Order 13211, Actions requirements, Security measures, implications for federalism. Concerning Regulations That Waterways. 6. Protest Activities Significantly Affect Energy Supply, For the reasons discussed in the Distribution, or Use. We have The Coast Guard respects the First preamble, the Coast Guard amends 33 determined that it is not a ‘‘significant CFR part 165 as follows: Amendment rights of protesters. energy action’’ under that order because Protesters are asked to contact the it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION person listed in the FOR FURTHER under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS INFORMATION CONTACT section to likely to have a significant adverse effect coordinate protest activities so that your on the supply, distribution, or use of ■ 1. The authority citation for part 165 message can be received without energy. The Administrator of the Office continues to read as follows: jeopardizing the safety or security of of Information and Regulatory Affairs Authority: 33 U.S.C. 1231; 46 U.S.C. people, places or vessels. has not designated it as a significant Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 7. Unfunded Mandates Reform Act energy action. Therefore, it does not 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; require a Statement of Energy Effects Pub. L. 107–295, 116 Stat. 2064; Department The Unfunded Mandates Reform Act under Executive Order 13211. of Homeland Security Delegation No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires ■ Federal agencies to assess the effects of 13. Technical Standards 2. In § 165.941, add paragraphs (a)(56) their discretionary regulatory actions. In The National Technology Transfer through (59) to read as follows: particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 165.941 Safety Zones; Annual Events in that may result in the expenditure by a U.S.C. 272 note) directs agencies to use the Captain of the Port Detroit Zone. State, local, or tribal government, in the voluntary consensus standards in their (a) * * * aggregate, or by the private sector of regulatory activities unless the agency (56) Catawba Island Club Fireworks; $100,000,000 (adjusted for inflation) or provides Congress, through the Office of Catawba Island, OH: more in any one year. Though this rule Management and Budget, with an (i) Location. All waters of Lake Erie would not result in such an explanation of why using these within a 250-yard radius of the expenditure, we do discuss the effects of standards would be inconsistent with fireworks launch site located at position this rule elsewhere in this preamble. applicable law or otherwise impractical. 41–34′–18.10″ N, 082–51′–18.70″ W Voluntary consensus standards are 8. Taking of Private Property (NAD 83). technical standards (e.g., specifications (ii) Expected date. This safety zone This rule would not affect a taking of of materials, performance, design, or will be enforced one evening during the private property or otherwise have operation; test methods; sampling last week in May. taking implications under Executive procedures; and related management (57) Put-In-Bay Chamber of Commerce Order 12630, Governmental Actions and systems practices) that are developed or Fireworks, Put-In-Bay, OH:

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(i) Location. All waters of Lake Erie DATES: This rule is effective from 8 p.m. B. Basis and Purpose within a 1,000-foot radius of the on July 21, 2012, through 10:30 p.m. on Fireworks displays are frequently fireworks launch site located at position July 22, 2012. held from locations on or near the ′ ″ ′ ″ 41–39 –19 N, 082–48 –57 W (NAD 83). ADDRESSES: Documents mentioned in navigable waters of the United States. This area is located in the Put-In-Bay this preamble are part of docket [USCG– The potential hazards associated with Harbor. 2012–0563]. To view documents fireworks displays are a safety concern (ii) Expected dates. This safety zone mentioned in this preamble as being during such events. The purpose of this will be enforced one evening during the available in the docket, go to http:// rule is to promote public and maritime third week in June, one evening during www.regulations.gov, type the docket safety during a fireworks display, and to the last week in June, one evening number in the ‘‘SEARCH’’ box and click protect mariners transiting the area from during the first week in September, and ‘‘SEARCH.’’ Click on Open Docket the potential hazards associated with a one evening during the second week in Folder on the line associated with this fireworks display, such as the accidental September. rulemaking. You may also visit the discharge of fireworks, dangerous (58) Bay Point Fireworks Display, Docket Management Facility in Room projectiles, and falling hot embers or Marblehead, OH: W12–140 on the ground floor of the other debris. This rule is needed to (i) Location. All waters of Lake Erie Department of Transportation West ensure safety on the waterway during within a 250-yard radius of the Building, 1200 New Jersey Avenue SE., the scheduled event. fireworks launch site located at position Washington, DC 20590, between 9 a.m. ′ ″ ′ ″ C. Discussion of the Final Rule 41–30 –29.23 N, 082–43 –8.45 W and 5 p.m., Monday through Friday, (NAD 83). except Federal holidays. Digital Lightning, of Kensington, (ii) Expected date. This safety zone Maryland, will conduct a fireworks FOR FURTHER INFORMATION CONTACT: If will be enforced one evening during the display launched from a barge located you have questions on this rule, call or first week in July. on the Potomac River, adjacent to email Mr. Ronald L. Houck, Sector (59) Marysville Days Fireworks, Gilligan’s Pier Restaurant, at Newburg Baltimore Waterways Management Marysville, MI: in Charles County, Maryland scheduled Division, U.S. Coast Guard; telephone (i) Location. All waters of the St. Clair on July 21, 2012 at approximately 9:45 410–576–2674, email River within a 600 foot radius of the p.m. If necessary, due to inclement [email protected]. If you have fireworks launch site located on land at weather, the fireworks display may be questions on viewing or submitting position 42–54′–25″ N, 082–27′–58″ W re-scheduled to take place on July 22, material to the docket, call Renee V. (NAD 83). 2012 at approximately 9:45 p.m. (ii) Expected date. This safety zone Wright, Program Manager, Docket The Coast Guard is establishing a will be enforced one evening during the Operations, telephone (202) 366–9826. temporary safety zone on certain waters last week in June. SUPPLEMENTARY INFORMATION: of the Potomac River, within a 200 yards Dated: July 6, 2012. Table of Acronyms radius of a fireworks discharge barge in approximate position latitude D.V. Smith, DHS Department of Homeland Security 38°23′41″ N, longitude 076°59′30″ W, Commander, U.S. Coast Guard, Acting FR Federal Register located at Newburg in Charles County, Captain of the Port Detroit. NPRM Notice of Proposed Rulemaking Maryland (NAD 1983). The temporary [FR Doc. 2012–17409 Filed 7–17–12; 8:45 am] A. Regulatory History and Information safety zone will be enforced from 8 p.m. BILLING CODE 9110–04–P through 10:30 p.m. on July 21, 2012 The Coast Guard is issuing this and, if necessary due to inclement temporary final rule without prior weather, from 8 p.m. through 10:30 p.m. DEPARTMENT OF HOMELAND notice and opportunity to comment on July 22, 2012. The effect of this pursuant to authority under section 4(a) SECURITY temporary safety zone will be to restrict of the Administrative Procedure Act Coast Guard navigation in the regulated area during, (APA) (5 U.S.C. 553(b)). This provision as well as the set up and take down of, authorizes an agency to issue a rule 33 CFR Part 165 the fireworks display. No person or without prior notice and opportunity to vessel may enter or remain in the safety [Docket Number USCG–2012–0563] comment when the agency for good zone. Vessels will be allowed to transit cause finds that those procedures are RIN 1625–AA00 the waters of the Potomac River outside ‘‘impracticable, unnecessary, or contrary the safety zone. Notification of the to the public interest.’’ Under 5 U.S.C. Safety Zone; Fireworks Display, temporary safety zone will be provided 553(b)(B), the Coast Guard finds that Potomac River, Charles County, to the public via marine information good cause exists for not publishing a Newburg, MD broadcasts. notice of proposed rulemaking (NPRM). AGENCY: Coast Guard, DHS. The Coast Guard received the D. Regulatory Analyses ACTION: Temporary final rule. information about the event on May 23, We developed this rule after 2012, and it would be impracticable to considering numerous statutes and SUMMARY: The Coast Guard will publish an NPRM and receive executive orders related to rulemaking. establish a safety zone upon specified comments before the event commences. Below we summarize our analyses waters of the Potomac River. This action Under 5 U.S.C. 553(d)(3), the Coast based on 13 of these statutes or is necessary to provide for the safety of Guard finds that good cause exists for executive orders. life on navigable waters during a making this rule effective less than 30 fireworks display launched from a barge days after publication in the Federal 1. Regulatory Planning and Review located in the Potomac River at Register. Due to the need for immediate This rule is not a significant Newburg in Charles County, Maryland. action, the restriction of vessel traffic is regulatory action under section 3(f) of This safety zone is intended to protect necessary to protect life, property and Executive Order 12866, Regulatory the maritime public in a portion of the the environment; therefore, a 30-day Planning and Review, as supplemented Potomac River. notice is impracticable. by Executive Order 13563, Improving

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Regulation and Regulatory Review, and Small businesses may send comments Interference with Constitutionally does not require an assessment of on the actions of Federal employees Protected Property Rights. potential costs and benefits under who enforce, or otherwise determine 9. Civil Justice Reform section 6(a)(3) of Executive Order 12866 compliance with, Federal regulations to or under section 1 of Executive Order the Small Business and Agriculture This rule meets applicable standards 13563. The Office of Management and Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive Budget has not reviewed it under those and the Regional Small Business Order 12988, Civil Justice Reform, to Orders. Although this safety zone will Regulatory Fairness Boards. The minimize litigation, eliminate restrict some vessel traffic, there is little Ombudsman evaluates these actions ambiguity, and reduce burden. vessel traffic associated with annually and rates each agency’s 10. Protection of Children commercial fishing in the area, and responsiveness to small business. If you recreational boating in the area can wish to comment on actions by We have analyzed this rule under transit waters outside the safety zone. In employees of the Coast Guard, call Executive Order 13045, Protection of addition, the effect of this rule will not 1–888–REG–FAIR (1–888–734–3247). Children from Environmental Health be significant because the safety zone is The Coast Guard will not retaliate Risks and Safety Risks. This rule is not of limited duration and limited size. For against small entities that question or an economically significant rule and the above reasons, the Coast Guard does complain about this rule or any policy does not create an environmental risk to not anticipate any significant economic or action of the Coast Guard. health or risk to safety that may impact. 4. Collection of Information disproportionately affect children. 2. Impact on Small Entities This rule will not call for a new 11. Indian Tribal Governments The Regulatory Flexibility Act of 1980 collection of information under the This rule does not have tribal (RFA), 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 implications under Executive Order requires federal agencies to consider the U.S.C. 3501–3520). 13175, Consultation and Coordination potential impact of regulations on small With Indian Tribal Governments, entities during rulemaking. The Coast 5. Federalism because it does not have a substantial Guard certifies under 5 U.S.C. 605(b) A rule has implications for federalism direct effect on one or more Indian that this rule will not have a significant under Executive Order 13132, tribes, on the relationship between the economic impact on a substantial Federalism, if it has a substantial direct number of small entities. This rule will Federal Government and Indian tribes, effect on the States, on the relationship or on the distribution of power and affect the following entities, some of between the national government and which may be small entities: The responsibilities between the Federal the States, or on the distribution of Government and Indian tribes. owners or operators of vessels intending power and responsibilities among the to operate, transit, or anchor in a portion various levels of government. We have 12. Energy Effects of the Potomac River, located at analyzed this rule under that Order and This action is not a ‘‘significant Newburg in Charles County, Maryland determined that this rule does not have energy action’’ under Executive Order from 8 p.m. through 10:30 p.m. on July implications for federalism. 21, 2012 and, if necessary due to 13211, Actions Concerning Regulations inclement weather, from 8 p.m. through 6. Protest Activities That Significantly Affect Energy Supply, 10:30 p.m. on July 22, 2012. This safety The Coast Guard respects the First Distribution, or Use. zone will not have a significant Amendment rights of protesters. 13. Technical Standards economic impact on a substantial Protesters are asked to contact the number of small entities for the person listed in the FOR FURTHER This rule does not use technical following reasons. The safety zone is of INFORMATION CONTACT section to standards. Therefore, we did not limited size; this safety zone would be coordinate protest activities so that your consider the use of voluntary consensus activated, and thus subject to message can be received without standards. enforcement, for only 21⁄2 hours in the jeopardizing the safety or security of 14. Environment evening when vessel traffic is low; and people, places or vessels. vessel traffic could pass safely around We have analyzed this rule under the safety zone. In addition, before the 7. Unfunded Mandates Reform Act Department of Homeland Security activation of the zone, we will issue The Unfunded Mandates Reform Act Management Directive 023–01 and maritime advisories widely available to of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, users of the waterway to allow mariners Federal agencies to assess the effects of which guide the Coast Guard in to make alternative plans for transiting their discretionary regulatory actions. In complying with the National the affected area. particular, the Act addresses actions Environmental Policy Act of 1969 that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and 3. Assistance for Small Entities State, local, or tribal government, in the have determined that this action is one Under section 213(a) of the Small aggregate, or by the private sector of of a category of actions that do not Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or individually or cumulatively have a Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule significant effect on the human we want to assist small entities in will not result in such an expenditure, environment. This rule involves understanding this rule. If the rule we do discuss the effects of this rule establishing a temporary safety zone. would affect your small business, elsewhere in this preamble. This rule is categorically excluded from organization, or governmental further review under paragraph 34(g) of jurisdiction and you have questions 8. Taking of Private Property Figure 2–1 of the Commandant concerning its provisions or options for This rule will not cause a taking of Instruction. An environmental analysis compliance, please contact the person private property or otherwise have checklist supporting this determination listed in the FOR FURTHER INFORMATION taking implications under Executive and a Categorical Exclusion CONTACT, above. Order 12630, Governmental Actions and Determination are available in the

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docket where indicated under Guard Sector Baltimore or any Coast FOR FURTHER INFORMATION CONTACT: For ADDRESSES. Guard commissioned, warrant or petty technical information contact: Peter officer who has been authorized by the Gimlin, National Program Chemicals List of Subjects in 33 CFR Part 165 Captain of the Port to act on his behalf. Division (7404T), Office of Pollution Harbors, Marine safety, Navigation Designated representative means any Prevention and Toxics, Environmental (water), Reporting and recordkeeping Coast Guard commissioned, warrant, or Protection Agency, 1200 Pennsylvania requirements, Security measures, petty officer who has been authorized Ave. NW., Washington, DC 20460–0001; Waterways. by the Captain of the Port Baltimore to telephone number: (202) 566–0515; fax For the reasons discussed in the assist in enforcing the safety zone number: (202) 566–0473; email address: preamble, the Coast Guard amends 33 described in paragraph (a) of this [email protected]. CFR part 165 as follows: section. For general information contact: The (d) Enforcement. The U.S. Coast TSCA-Hotline, ABVI-Goodwill, 422 PART 165—REGULATED NAVIGATION Guard may be assisted by Federal, State South Clinton Ave., Rochester, NY AREAS AND LIMITED ACCESS AREAS and local agencies in the patrol and 14620; telephone number: (202) 554– ■ enforcement of the zone. 1404; email address: TSCA- 1. The authority citation for part 165 [email protected]. continues to read as follows: (e) Enforcement period. This section will be enforced from 8 p.m. through SUPPLEMENTARY INFORMATION: Authority: 33 U.S.C. 1231; 46 U.S.C. 10:30 p.m. on July 21, 2012 and, if Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; I. General Information 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. necessary due to inclement weather, 107–295, 116 Stat. 2064; Department of from 8 p.m. through 10:30 p.m. on July A. Does this action apply to me? Homeland Security Delegation No. 0170.1. 22, 2012. This action is directed to the public ■ 2. Add § 165.T05–0563 to read as Dated: July 3, 2012. in general. This action may, however, be follows: Mark P. O’Malley, of interest to you if you manufacture, Captain, U.S. Coast Guard, Captain of the process, distribute in commerce, use or § 165.T05–0563 Safety Zone; Fireworks Port Baltimore. dispose of PCBs. Since other entities Display, Potomac River, Charles County, [FR Doc. 2012–17410 Filed 7–17–12; 8:45 am] may also be interested, the Agency has Newburg, MD. BILLING CODE 9110–04–P not attempted to describe all the specific (a) Regulated Area. The following area entities that may be affected by this is a safety zone: All waters of the action. If you have any questions Potomac River, within a 200 yards regarding the applicability of this action radius of a fireworks discharge barge in ENVIRONMENTAL PROTECTION to a particular entity, consult the ° ′ ″ approximate position latitude 38 23 41 AGENCY technical contact person listed under ° ′ ″ N, longitude 076 59 30 W, located at FOR FURTHER INFORMATION CONTACT. Newburg in Charles County, Maryland 40 CFR Chapter I (NAD 1983). B. How can I access information about (b) Regulations. The general safety [EPA–HQ–OPPT–2012–0495; FRL–9356–2] this action? zone regulations found in 33 CFR Polychlorinated Biphenyls (PCBs); EPA has established a docket for this 165.23 apply to the safety zone created Disposition of Request Submitted action under docket identification (ID) by this temporary section, Under TSCA Section 21 number EPA–HQ–OPPT–2012–0495. § 165.T05.0563. All documents in the docket are listed (1) All vessels and persons are AGENCY: Environmental Protection in the docket index available at http:// prohibited from entering this zone, Agency (EPA). www.regulations.gov. Although listed in except as authorized by the Coast Guard ACTION: Notice of reasons for Agency the index, some information is not Captain of the Port Baltimore. response. publicly available, e.g., Confidential (2) Persons or vessels requiring entry Business Information (CBI) or other into or passage within the zone must SUMMARY: This document announces information whose disclosure is request authorization from the Captain EPA’s reasons for denying a request restricted by statute. Certain other of the Port or his designated submitted by the Basel Action Network, material, such as copyrighted material, representative by telephone at 410–576– the Sierra Club, and the Center for will be publicly available only in hard 2693 or on VHF–FM marine band radio Biological Diversity (petitioners), copy. Publicly available docket channel 16. requesting that EPA take certain actions (3) All Coast Guard assets enforcing materials are available electronically at to protect human health and the marine http://www.regulations.gov, or, if only this safety zone can be contacted on environment from polychlorinated VHF–FM marine band radio channels available in hard copy, at the OPPT biphenyls (PCBs) that leach from ships Docket. The OPPT Docket is located in 13 and 16. sunk through the U.S. Navy’s sinking (4) The operator of any vessel within the EPA Docket Center (EPA/DC) at Rm. exercises (SINKEX) program. As noted or in the immediate vicinity of this 3334, EPA West Bldg., 1301 in a letter dated July 10, 2012, EPA safety zone shall: Constitution Ave. NW., Washington, (i) Stop the vessel immediately upon denied the request for rules under the DC. The EPA/DC Public Reading Room being directed to do so by any Toxic Substances Control Act (TSCA). hours of operation are 8:30 a.m. to 4:30 commissioned, warrant or petty officer The reasons for the denial are discussed p.m., Monday through Friday, excluding on board a vessel displaying a Coast in this document. EPA will respond legal holidays. The telephone number of Guard Ensign, and separately to the petitioners’ request for the EPA/DC Public Reading Room is (ii) Proceed as directed by any revisions to the general permit for the (202) 566–1744, and the telephone commissioned, warrant or petty officer transport of target vessels under number for the OPPT Docket is (202) on board a vessel displaying a Coast SINKEX issued by EPA under the 566–0280. Docket visitors are required Guard Ensign. Marine Protection, Research, and to show photographic identification, (c) Definitions. Captain of the Port Sanctuaries Act (MPRSA). pass through a metal detector, and sign Baltimore means the Commander, Coast DATES: July 18, 2012. the EPA visitor log. All visitor bags are

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processed through an X-ray machine potentialities. 33 U.S.C. 1401(a). the maximum extent practicable all materials and subject to search. Visitors will be MPRSA section 101(a) prohibits, unless which may degrade the marine environment, provided an EPA/DC badge that must be authorized by permit, the (1) including without limitation (i) emptying of visible at all times in the building and all fuel tanks and fuel lines to the lowest transportation from the United States of point practicable, flushing of such tanks and returned upon departure. any material for the purpose of dumping lines with water, and again emptying such II. Overview it into ocean waters, and (2) in the case tanks and lines to the lowest point of a vessel or aircraft registered in the practicable so that such tanks and lines are On April 11, 2012, EPA received a United States or flying the United States essentially free of petroleum, and (ii) request from the Basel Action Network, flag, or in the case of a United States removing from the hulls other pollutants and the Sierra Club, and the Center for department, agency, or instrumentality, all readily detachable material capable of Biological Diversity (petitioners). The transportation from any location, any creating debris or contributing to chemical pollution. 33 CFR 229.2(a). petitioners requested that EPA take material for the purpose of dumping it certain actions to protect human health into ocean waters. 33 U.S.C. 1411(a). The Navy also must make an annual and the marine environment from PCBs MPRSA section 101(b) also prohibits the report to EPA setting forth the name of that leach from ships sunk through the unpermitted dumping of any material each vessel used as a target vessel, its U.S. Navy’s SINKEX program. The transported from a location outside of approximate tonnage, and the location petitioners requested that EPA amend the United States into certain ocean and date of sinking. 33 CFR 229.2(b). the existing general permit issued to the waters of the United States. MPRSA In 1989, the Navy identified the Navy under MPRSA (33 U.S.C. 1401 et section 3(f) defines the term ‘‘dumping’’ potential for viscous PCBs at levels of seq.), or, in the alternative, enact rules broadly (to mean ‘‘a disposition of concern in wool felt used as acoustical under TSCA (15 U.S.C. 2601 et seq.). In material’’) but the term excludes, among damping material (on submarines) and requesting actions under TSCA, the other things, ‘‘the construction of any as gasket material (on all vessels). The petitioners have invoked the citizen fixed structure or artificial island nor Navy promptly notified EPA and halted petition provisions of section 21 of the intentional placement of any device most SINKEXs pending further TSCA (15 U.S.C. 2620). in ocean waters or on or in the evaluation. In 1993, the Navy conducted After careful consideration, EPA submerged land beneath such waters, a modeling study that predicted PCBs denied the request for TSCA rules by for a purpose other than disposal, when introduced to the deep benthic letter dated July 10, 2012. This such construction or such placement is environment would have little chance of document explains EPA’s reasons for otherwise regulated by Federal or State physical or biological transport to surface waters and that PCB sediment denying the request to initiate law or occurs pursuant to an authorized concentrations would pose no notable rulemakings under TSCA. EPA will Federal or State program.’’ 33 U.S.C. threat to benthic organisms. Other Navy respond separately to the petitioners’ 1402(f). requests for revisions to the general Though MPRSA authorizes the U.S. studies had indicated that most of the permit for the transport of target vessels Army Corps of Engineers to issue PCBs introduced or to be introduced by under SINKEX issued by EPA under MPRSA permits (subject to EPA review the Navy through SINKEXs to the deep MPRSA. and concurrence) with respect to benthic environment would be solid dredged material, EPA has permit materials and not readily leachable. In III. What is a TSCA section 21 Petition? 1996, EPA and the Navy entered into an authority for all other materials. 33 Under TSCA section 21, any person Agreement regarding the further course U.S.C. 1412 and 1413. can petition EPA to initiate a of study and continuing conduct of rulemaking proceeding for the issuance, V. What is SINKEX? SINKEX activities using a finite number amendment, or repeal of a rule under In 1977, EPA issued a general permit of vessels prepared according to the TSCA section 4, 6, or 8 or an order to the Navy for the transport of target terms of the Agreement (Ref. 1). under TSCA section 5(e) or 6(b)(2). A vessels (SINKEX) under MPRSA section In 1999, EPA signed a letter designed TSCA section 21 petition must set forth 102 (42 FR 2462, January 11, 1977). The to clarify and specify, with regard to the facts that are claimed to establish permit authorizes the Navy to transport PCBs, the manner in which the Navy the necessity for the action requested. vessels from the United States or from would proceed with SINKEX activities EPA is required to grant or deny the any other location for the purpose of under the existing MPRSA general petition within 90 days of its filing. If sinking such vessels in ocean waters in permit. At that time, EPA confirmed its EPA grants the petition, the Agency testing ordnance and providing related belief that SINKEX operations could must promptly commence an data subject to four conditions: continue under the MPRSA general appropriate proceeding. If EPA denies permit and its requirements, including the petition, the Agency must publish 1. Such vessels may be sunk at times as interpreted to impose specific determined by the appropriate Navy official; requirements relating to materials its reasons for the denial in the Federal 2. Necessary measures shall be taken to Register. A petitioner may commence a insure that the vessel sinks to the bottom containing PCBs. The terms and civil action in a U.S. district court to rapidly and permanently, and that marine conditions of EPA’s 1999 interpretation compel initiation of the requested navigation is not otherwise impaired by the were accepted by the Navy as of August rulemaking proceeding within 60 days sunk vessel; 2, 1999 (Ref. 2). of either a denial or the expiration of the 3. All such vessel sinkings shall be The 1999 EPA letter required that the 90-day period. conducted in water at least 1,000 fathoms Navy conduct specified studies and (6,000 feet) deep and at least 50 nautical produce certain information to EPA. For IV. What is the MPRSA? miles from land [i.e., that portion of the the studies, the Navy was to complete In 1972, Congress enacted Title I of baseline from which the territorial sea is a study involving monitoring the ex- MPRSA, also referred to as the Ocean measured, as provided for in the Convention USS Agerholm, including sample on the Territorial Sea and the Contiguous Dumping Act, because unregulated Zone, which is in closest proximity to the collection, assessment and analysis. The dumping of material into ocean waters proposed disposal site]; and ex-USS Agerholm study included endangers human health, welfare, and 4. Before sinking, appropriate measures assessment and analyses of sediments, amenities, and the marine environment, shall be taken by qualified personnel at a core samples, and fish tissue for PCBs, ecological systems, and economic Navy or other certified facility to remove to as well as toxicity and bioaccumulation

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studies. The Navy also prepared conducted with protective equipment materials—a. PCBs on SINKEX vessels analysis of the leach rate of PCBs (in the and reasonable safety measures. are regulated solely under the authority various materials likely to be present on Shortly after the 1999 letter, EPA of MPRSA. TSCA is not the appropriate target vessels) into sea water at the made a determination under TSCA vehicle for the regulation of PCBs on temperature and pressure present on a section 9(b) that the risks associated ships used in the Navy’s SINKEX sunken vessel (i.e., representative of with PCBs on target vessels used in program, because the Administrator in conditions authorized under the SINKEX could be eliminated or reduced 1999 determined under TSCA section MPRSA general permit). to a sufficient extent by actions taken 9(b) that such regulation should be The 1999 letter explained EPA’s under MPRSA and that such risks under MPRSA, not TSCA. This section interpretation of the general permit should be addressed solely under 9(b) determination is not subject to requirements to clarify and specify, with MPRSA. TSCA section 21. Section 21 of TSCA regard to PCBs, the manner in which the VI. Summary of the Request allows any person to petition ‘‘to initiate Navy could proceed with SINKEX a proceeding for the issuance, activities (transport for the purposes of On April 11, 2012, the Basel Action amendment, or repeal of a rule under disposal into ocean waters) under the Network, the Sierra Club, and the Center section 2603, 2605, or 2607 of this title MPRSA general permit (40 CFR 229.2)). for Biological Diversity requested that or an order under section 5(e) or 6(b)(2) EPA take certain actions to protect EPA explained that, under the MPRSA of this title’’ (15 U.S.C. 2620(a)), but not human health and the marine general permit: a determination under section 2608 environment from PCBs that leach from (TSCA section 9). Before engaging in a SINKEX, the Navy ships sunk through the U.S. Navy’s must conduct an inventory of each SINKEX Moreover, the petitioners have SINKEX program (Ref. 3). The provided no basis to cause EPA to vessel to ascertain the presence of PCBs, and petitioners requested that EPA amend that the inventory and list of items removed reconsider this determination. Section the existing general permit issued to the prior to sinking must be provided to EPA in 9(b) of TSCA provides: the annual report required under the general Navy under MPRSA or, in the The Administrator shall coordinate actions permit. Before sinking a SINKEX vessel, alternative, enact rules under TSCA. taken under [TSCA] with actions taken under qualified personnel at a Navy or other Specifically, the submission asks EPA other Federal laws administered by the approved facility must: to: Administrator. If the Administrator a. Remove all transformers containing 3 1. Require all PCB-contaminated determines that a risk to health or the pounds or more of dielectric fluid and all materials in concentrations of 50 ppm or environment associated with a chemical capacitors containing 3 pounds or more of greater to be removed from SINKEX substance or mixture could be eliminated or dielectric fluid; vessels prior to sinking. reduced to a sufficient extent by actions b. Use all reasonable efforts to remove any 2. Require all PCB-contaminated taken under the authorities contained in such capacitors and transformers containing less materials in concentrations of <50 ppm other Federal laws, the Administrator shall than 3 pounds of dielectric fluid from the to be removed from SINKEX vessels use such authorities to protect against such vessel (reasonable efforts include, but are not risk unless the Administrator determines, in necessarily limited to, the removal of prior to sinking to the maximum extent the Administrator’s discretion, that it is in capacitors from electrical and control panels practicable. the public interest to protect against such risk by using hand tools such as wire or bolt 3. Require additional studies to by actions taken under [TSCA]. cutters or a screw driver); and determine whether PCB-contaminated c. Drain and flush hydraulic equipment, materials in concentrations of <50 ppm 15 U.S.C. 2610(b) heat transfer equipment, high/low pressure constitute ‘‘trace’’ contaminants. The In 1999, the Administrator systems, cutting power machinery which request states that such additional determined under TSCA section 9(b) uses cooling or cutting oil, and containers studies should include the most recent that ‘‘the risk to health or the ≥ containing liquid PCBs at 50 ppm [parts per data on the toxicity, persistence, and environment attributable to the million]. bioaccumulation of PCBs and should transportation and disposal of PCBs EPA also explained its belief that it is include monitoring at multiple recent associated with SINKEX could be often practicable to remove specified SINKEX sink sites. The request further eliminated or reduced to a sufficient materials containing non-liquid PCBs states that studies should also assess the extent by actions taken under the before sinking a vessel. To the extent releases of other potentially hazardous authority of MPRSA.’’ (Ref. 5). The that removal is practicable, EPA pollutants into the marine environment Administrator further stated: ‘‘I have not explained that these non-liquid PCBs from SINKEX ships including heavy identified a public interest in the are required to be removed under the metals, asbestos, and radioactive regulation under TSCA of the MPRSA general permit. However, when substances. transportation and disposal of PCBs such objects cannot be practicably VII. Disposition of the Request for Rules associated with SINKEX.’’ (Ref. 5). removed or their removal threatens the Under TSCA Consequently, the Administrator structural integrity of the vessels so as determined that ‘‘PCBs on SINKEX to impede the SINKEX, EPA recognized A. What was EPA’s response? vessels should be regulated solely under that the Navy could leave such items in In a letter dated July 10, 2012, EPA [MPRSA], rather than under both place (e.g., felt materials that are bonded denied the petitioners’ request to MPRSA and TSCA.’’ (Ref. 5). in bolted flanges or mounted under initiate rulemakings under TSCA (Ref. The petitioners do not present any heavy equipment, certain paints and 4). A copy of the Agency’s letter is new information that would cause EPA adhesives). EPA noted that objects may available in the docket for this action. to reconsider this determination. be considered not capable of practicable EPA’s reasons for denying the request Although the petitioners present removal if equipment must be for TSCA rules are provided in Unit information that they believe calls into disassembled or removed for access to VII.B of this unit. question the sufficiency of the current the objects, if the objects must be MPRSA general permit, they present no removed by heat, chemical stripping, B. What were EPA’s reasons for this information indicating that any risks scraping, abrasive blasting or similar denial? that may not be adequately addressed by process, or if removal would endanger 1. Requests for rules requiring the current permit could not be reduced human safety or health even when removal of PCB-contaminated to a sufficient extent by action taken

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under the authority of MPRSA, or that vicinity of sunken SINKEX vessels to Furthermore, testing requirements the public interest would be served by determine, based on the most recent under TSCA section 4 can be imposed regulation of SINKEX under TSCA in data on the toxicity, persistence, and only upon manufacturers and addition to regulation under MPRSA. bioaccumulation of PCBs, whether processors of chemical substances. The petitioners implicitly suggest that materials on vessels with PCB Manufacturing and processing of PCBs any such risk could be reduced to a concentrations of <50 ppm would were, for the most part, banned by sufficient extent under MPRSA by constitute trace contaminants. TSCA section 6(e) more than 30 years seeking amendment of the MPRSA The petitioners do not attempt to ago. Although some incidental general permit to impose precisely the conform their request to TSCA; they do manufacturing and processing of PCBs conditions they ask EPA to impose not address the applicable TSCA section continues, EPA believes it makes more under TSCA. In addition, given the 4 findings. sense that monitoring for PCBs in existence of the MPRSA general permit For the Agency to issue a TSCA connection with SINKEX, if any is and the history of regulation of SINKEX section 4 test rule to require testing on necessary, fall under the authority of under MPRSA, EPA believes it is more a chemical substance, the Agency must MPRSA rather than TSCA, particularly efficient to continue to regulate SINKEX find the following: given the connection between the ocean under the authorities of MPRSA, and • The chemical substance may dumping activity authorized under the not to also regulate SINKEX under present unreasonable risk of injury to MPRSA general permit for SINKEX and TSCA. health or the environment. the PCB monitoring requested. This EPA is evaluating the request to revise • There are insufficient data or approach is reinforced by the TSCA the MPRSA general permit and will experience upon which the effects of the section 9(b) determination and is respond shortly. As the Agency stated in chemical substance can reasonably be consistent with the TSCA section 9(b) issuing the TSCA section 9(b) determined or predicted. provision requiring the Administrator to determination, EPA ‘‘is prepared to • Testing of the chemical substance is ‘‘coordinate actions taken under [TSCA] revise the Navy permit, or revoke it, in necessary to provide the missing data. with actions taken under other Federal the event that the results of further An alternative set of findings could laws administered in whole or in part studies demonstrate an unexpected support a section 4 rule as well: by the Administrator.’’ unacceptable risk to human health or • The chemical substance is or will The petitioners’ request regarding the environment from SINKEX.’’ (Ref. be produced in substantial quantities studies relating to ‘‘other potentially 5). hazardous pollutants’’ such as heavy b. Petitioners have not shown that the and it enters or may reasonably be anticipated to enter the environment in metals, asbestos, and radioactive requested PCB removal rules would be substances is similarly unsupported in necessary. The petitioners have not substantial quantities or there is or may be significant or substantial human the submission. The petitioners do not shown that a rule to require removal of attempt to conform the request to TSCA PCB-contaminated materials in exposure. ≥ • There are insufficient data or section 4. In addition, the petitioners do concentrations of 50 ppm would be not even identify (other than asbestos) necessary if EPA were to withdraw the experience upon which the effects of the chemical substance can reasonably be the chemical substances or mixtures TSCA section 9(b) determination, given that they would like tested. that the export of ships under the determined or predicted. • Testing of the chemical substance is For these reasons, EPA denied the SINKEX program containing PCBs in request for TSCA rules. concentrations ≥50 ppm would be necessary to provide the missing data. prohibited by existing TSCA The petitioners do not address these VIII. References regulations, absent rulemaking under required statutory findings. Nor does the The following is a list of the TSCA section 6(e)(3) allowing the request provide a basis for EPA to make documents that are specifically export. 40 CFR 761.97. The petitioners the findings. For example, the referenced in this document and placed have not shown that a rule to require petitioners do not provide sufficient in the docket that was established under removal of PCB-contaminated materials information to demonstrate that there docket ID number EPA–HQ–OPPT– in concentrations <50 ppm to the are insufficient data or experience upon 2012–0495. For information on maximum extent practicable would be which the effects of the PCBs in accessing the docket, refer to Unit I.B. necessary, since the MPRSA general question can reasonably be determined of this document. permit already does require removal of or predicted, or that the requested PCB-contaminated materials to the monitoring would be necessary to 1. ‘‘Agreement between the Department of maximum extent practicable. 40 CFR develop any such missing data. Among the Navy and the United States 229.2(a)(4). In addition, the petitioners other things, the petitioners do not Environmental Protection Agency, do not provide an assessment of risks demonstrate that the monitoring they Washington, DC’’, August 19, 1996. specifically associated with PCBs in request would be an effective way to 2. August 2, 1999, letter from EPA Office of determine whether PCB-contaminated Wetlands, Oceans, and Watersheds concentrations <50 ppm. Director Robert Wayland to Deputy 2. Requests for rules requiring studies. materials at concentration <50 ppm Assistant Secretary of the Navy Elsie The petitioners request that the Agency constitute trace contaminants. The Munsell. issue a TSCA rule to require studies at petitioners offer no explanation of how 3. Basel Action Network, Sierra Club, and the multiple recent SINKEX sink sites to PCBs detected in the vicinity of a Center for Biological Diversity. ‘‘U.S. determine whether PCB-contaminated sunken vessel could be correlated with Navy Ocean Dumping Program; Petition materials in concentrations of <50 ppm PCB-contaminated materials on the ship to EPA to Protect Human Health and the constitute ‘‘trace’’ contaminants, ‘‘such at concentrations <50 ppm as opposed Environment from Unreasonable Risks that their dumping will not cause to materials on the ship with PCBs at Associated with the Navy’s Sinking Exercise Program (SINKEX),’’ (April undesirable effects including the concentrations >50 ppm. EPA is not 2012). possibility of bioaccumulation.’’ The prepared, based on the information 4. July 10, 2012, letter from EPA Office of petitioners’ request is not entirely clear, provided in the request, to initiate a Chemical Safety and Pollution but EPA interprets it as a request for rulemaking under TSCA to require the Prevention’s Acting Assistant monitoring of PCB concentrations in the requested monitoring. Administrator Jim Jones to the Basel

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Action Network, the Sierra Club, and the Room CY–A257, Washington, DC 20554. only within the larger HCPs on the Center for Biological Diversity. The document may also be purchased network. 5. September 13, 1999, letter from EPA from the Commission’s duplicating 3. Approximately 13 out of the 50 Administrator Carol M. Browner to the contractor, Best Copy and Printing, Inc., active projects have some individual Honorable Richard Danzig, and 445 12th Street SW., Room CY–B402, HCPs that have spent all of the money enclosure (Decision Memorandum—EPA regulation of PCBs on Vessels Used for Washington, DC 20554, telephone (800) allocated to them, or are scheduled to Navy Sinking Exercise). 378–3160 or (202) 863–2893, facsimile do so during funding year 2012. (202) 863–2898, or via the Internet at According to the Universal Service List of Subjects http://www.bcpiweb.com. Administrative Company (USAC), some HCPs may exhaust their funding in the Environmental protection, I. Introduction Polychlorinated biphenyls, SINKEX. last few months of Funding Year 2011, 1. In this order, we maintain support and an estimated 484 HCPs (or 22.5 Dated: July 10, 2012. on a limited, interim, fiscally percent of individual HCP sites James Jones, responsible basis for specific Rural participating in the Rural Health Care Acting Assistant Administrator, Office of Health Care Pilot Program (Pilot Pilot projects) are expected to exhaust Chemical Safety and Pollution Prevention. Program) participants that have their allocated funding before or during [FR Doc. 2012–17381 Filed 7–17–12; 8:45 am] exhausted their funding this year or will funding year 2012. BILLING CODE 6560–50–P exhaust such funding during funding 4. Through this order, we provide year 2012. We will provide continued funds to support ongoing connectivity support for the recurring costs of to Pilot Program HCPs that will exhaust FEDERAL COMMUNICATIONS broadband services provided to those funding allocated to them before or COMMISSION health care provider (HCP) sites to during funding year 2012. Such funding ensure that they can continue to benefit is necessary to ‘‘bridge’’ their 47 CFR Part 54 from access to these Pilot Program- participation in the Pilot Program and funded broadband networks, while we their participation in any reformed [WC Docket No. 02–60; FCC 12–74] consider potential reforms to transition Rural Health Care programs under recipients of Pilot funding to a longer- Rural Health Care Support Mechanism consideration. Accordingly, as term mechanism for supporting discussed below, we direct USAC to AGENCY: Federal Communications broadband services delivered to rural provide continued support to Pilot Commission. HCPs. This interim support will projects for up to 85 percent of eligible ACTION: Final rule. preserve transitioning Pilot Program recurring costs for those individual HCP participants’ connectivity and the sites on their networks that will exhaust SUMMARY: In this document, the resulting health care benefits that their funding on or before June 30, 2013, Wireline Competition Bureau (the patients receive from those investments including those that will have Bureau) maintains support on a limited, made by the Commission in health care exhausted their funding before the interim, fiscally responsible basis for broadband networks. Today’s action effective date of this order. Bridge specific Rural Health Care Pilot Program stays within the budget of the Pilot funding will maintain support for this participants that have exhausted their Program and will therefore not impact limited number of HCPs and in doing so funding this year or will exhaust such overall demand for the universal service help ensure that they will remain funding during funding year 2012 to fund (USF or Fund). connected to the broadband networks developed with Pilot Program funding, ensure that they can continue to benefit II. Discussion from access to these Pilot Program- while providing the Commission funded broadband networks, while the 2. The USF Rural Health Care support additional time to consider how best to Commission considers potential reforms mechanism consists of the ‘‘Primary’’ transition Pilot Program participants to to transition recipients of Pilot funding program and the ‘‘Pilot’’ program. The permanent Rural Health Care funding to a longer-term mechanism for Commission created the Pilot Program programs. Thus, this support will help supporting broadband services in 2006 in an effort to examine ways to maintain the status quo for the many delivered to rural HCPs. This interim use the RHC support mechanism to patients and communities that benefit support will preserve transitioning Pilot enhance public and non-profit HCPs’ from the telemedicine and other Program participants’ connectivity and access to advanced telecommunications telehealth applications made available the resulting health care benefits that and information services. Participants in by the Pilot projects during this patients receive from those investments the Pilot Program are eligible to receive transition period. Consistent with this made by the Commission in health care universal service funding to support up objective, the support is limited in time broadband networks. to 85 percent of the cost of construction and scope and does not provide new of state or regional broadband health funds for Pilot projects to expand their DATES: Effective July 18, 2012. care networks and of the cost of networks. FOR FURTHER INFORMATION CONTACT: advanced telecommunications and 5. This bridge funding will not Linda Oliver, Wireline Competition information services provided over increase the demand on the Fund Bureau at (202) 418–1732 or TTY (202) those networks. Through the Pilot relative to what was already designated 418–0484. Program, projects have created health for Pilot Program projects. Accordingly, SUPPLEMENTARY INFORMATION: This is a broadband networks that consist of we direct USAC to use up to $15 million synopsis of the Commission’s Order in multiple interconnected HCPs, often in of the Pilot Program funds that were WC Docket No. 02–60; FCC 12–74, a hub-and-spoke configuration, that previously set aside for projects that adopted July 5, 2012 and released July typically connect rural HCPs to larger, either withdrew from the Program or 6, 2012. The complete text of this more urban medical centers. The otherwise failed to meet program document is available for inspection networks created by these projects deadlines to provide bridge funding to and copying during normal business enable rural HCPs to access medical transitioning Pilot project participants. hours in the FCC Reference Information specialists, technical expertise, and These funds were designated for Center, Portals II, 445 12th Street SW., other resources that are usually found Funding Year 2009 and have already

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been collected. Thus, there will be no care program is established and HCP sites on the Pilot project networks effect on Fund demand for the next year participants are able to complete the during this period. as a result of our action today. application and award process. 10. Site Substitutions. Bridge funding 6. We are mindful that if we do not Geisinger suggests that the Commission may only be used to support eligible provide bridge funding, Pilot project should continue to provide support HCP sites that participated in the Pilot participants that will exhaust their through the Pilot Program until all rural Program at a specified location before support under the Pilot Program could and underserved areas have the same June 30, 2012. Projects cannot use be required to ‘‘transition’’ twice, within connectivity opportunities as urban bridge funding to substitute sites or add a relatively short time period, to areas. We intend bridge funding to be a new sites to their network, or to fund different RHC programs—the Primary temporary measure, and we expect to existing sites that move to a new Program and, potentially, any programs issue an Order on reform of the location after June 30, 2012. However, that may ultimately be adopted by the permanent rural health care mechanism Pilot project HCP sites that have Commission in the pending Rural by the end of this year, which will make exhausted their funding before the Health care rulemaking. As discussed additional bridge funding unnecessary. effective date of this order may use above, there are significant differences We therefore decline to grant these bridge funding to ‘‘reconnect’’ sites that between the Pilot Program and the requests. participated in the Pilot Program at a Primary Program, and the Commission 8. Service Substitutions. HCPs that specified location during funding year is still considering how best to reform will exhaust funding allocated to them 2011. As discussed above, the purpose the existing program consistent with our before or during year 2012 may use of this funding is to maintain the status overarching goals to promote access to bridge funding support for service quo and to avoid unnecessary churn for broadband for health care providers. substitutions. The Pilot Program has the Pilot projects, and we decline to Almost every commenter responding to demonstrated that service substitutions provide funds to enable Pilot projects to the Bridge Public Notice, 77 FR 14364, allow HCPs to manage their networks expand or modify their networks. March 9, 2012, supports the provision of efficiently, and have the effect of 11. Process for Obtaining Bridge ‘‘bridge’’ funding for funding year 2012. decreasing overall demand on the Fund. Funding. Pilot Program participants These commenters state that without an USAC notes that over time Pilot projects eligible to receive bridge funding must orderly transition, many of the have requested three types of service submit a new FCC Form 466—A individual HCP sites are at risk of substitutions: (1) Upgrading to fiber package for all eligible funding requests discontinuing participation in their when it becomes available through the by March 30, 2013. Invoices of actual respective networks. For example, the project’s services provider; (2) incurred eligible expenses must be Palmetto State Providers Network increasing the bandwidth of an HCP on submitted to USAC by December 31, (PSPN) states that its individual their network; and (3) disconnecting 2013. These measures will help ensure members, especially in rural locations, service to a participating HCP site. that bridge funding is efficiently ‘‘often do not have the resources or time Bridge funding can be used for recurring managed, and will protect against to navigate the RHC Primary program and non-recurring charges, such as potential waste, fraud, and abuse. HCPs process’’ and that allowing the RHC installation charges, associated with currently receiving support for services Pilot networks to continue to bill and service substitutions that will allow eligible for bridge funding do not have operate as a consortium would be more participating sites to upgrade or to re-file an FCC Form 465 to continue administratively efficient. PSPN, a state- downgrade their existing circuits. receiving support in funding year 2012, wide backbone network that connects Bridge funding may not be used to add as long as the contract under which rural and underserved areas in South new circuits to a site, unless adding or those services are provided is valid until Carolina, notes that uncertainty replacing a circuit is necessary to June 30, 2013. Because HCPs have regarding the transition of HCPs from complete a service substitution for an already gone through the competitive the Pilot Program has caused some of its existing circuit or service. Allowing bidding process to identify and select HCPs to consider discontinuing their HCPs the ability to substitute their the most cost-effective service provider participation despite the demonstrated existing service with more or less in instituting these contracts, sufficient benefits of the network. Similarly, the bandwidth will ensure that their safeguards are in place to protect against two Colorado Pilot projects, Rocky connectivity needs are being met, waste, fraud, and abuse, without Mountain HealthNet and Colorado allowing them to increase or decrease requiring HCPs to conduct a competitive Health Care Connections state that ‘‘the bandwidth on existing circuits bidding process again. However, in value developed under the Pilot depending on their assessment of their instances where the contract for eligible Program would be placed at risk if own healthcare-related needs, and will services ends before or during funding certain Pilot projects have to face the help ensure that the Fund is used year 2012, or is not an ‘‘evergreen’’ significant difficulties of temporarily efficiently. contract that is valid until June 30, transitioning to the existing Primary 9. Non-recurring Charges. Bridge 2013, HCPs seeking bridge funding must Program.’’ Geisinger Health Systems funding cannot be used for any non- complete the competitive bidding also states that ending Pilot Program recurring costs other than those process and submit a Form 465 to seek support for HCPs on its network, associated with service substitutions. additional funding for the period of time without providing a process to The limited purpose of this interim not covered by their existing contract. transition them into a permanent RHC funding is to maintain Pilot project HCP We find that requiring these HCPs to support mechanism, may cause some connectivity while we consider how complete the competitive bidding members of its network to drop out. best to transition the projects to a long- process is consistent with Pilot Program 7. Duration of Bridge Funding. We term funding program, not to fund procedures, will help protect against provide support only through the end of additional construction or network waste, fraud, and abuse, and will help funding year 2012 (through June 30, expansion during this time. We note ensure that HCPs will choose the most 2013). The two Colorado pilot projects that no commenters suggested that cost-effective alternatives. suggest that the Commission extend funding for non-recurring charges (other 12. Reporting Requirements. USAC bridge funding beyond funding year than for service substitutions) is should allocate and account for bridge 2012, until a permanent rural health necessary to maintain the individual funding as part of the last funding year

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of the Pilot Program (funding year 2009) independently owned and operated; (2) the Chief Counsel for Advocacy of the in its reports to the Commission. The is not dominant in its field of operation; Small Business Administration. overall award for those Pilot projects and (3) satisfies any additional criteria Federal Communications Commission. receiving bridge funding will be established by the Small Business Marlene H. Dortch, amended to reflect the original amount Administration (SBA). Secretary. awarded to the projects plus any bridge 16. In this order, we maintain support [FR Doc. 2012–17478 Filed 7–17–12; 8:45 am] funding received. on an interim basis for Pilot Program 13. Program Rules. Except as participants that will exhaust funding BILLING CODE 6712–01–P otherwise discussed in this order, all allocated to them before or during rules regarding the Pilot Program remain funding year 2012 (July 1, 2012–June 30, FEDERAL COMMUNICATIONS in effect and are applicable to any 2013). The order does not significantly COMMISSION bridge funding received by Pilot modify the rules of the Pilot Program to Program participants. create any additional burden on small 47 CFR Part 64 14. Effective Date. We find good cause entities, imposes no new burden on any [CG Docket No. 10–210; DA 12–430] to make this order effective upon company, and has no negative economic publication in the Federal Register impact on any company. Relay Services for Deaf-Blind rather than 30 days after publication. 17. Accordingly, we certify that the Individuals Some Pilot project HCPs may exhaust measures taken herein will not have a all of the funding allocated to them in significant impact on a substantial AGENCY: Federal Communications the last few months of Funding Year number of small entities. The Commission. 2011. As a result, until this order Commission will send a copy of this ACTION: Final rule; announcement of becomes effective, these projects may be Public Notice, including this effective date. required by their service providers to certification, to the Chief Counsel for SUMMARY: In this document, the pay the entirety of their recurring Advocacy of the Small Business Commission announces that the Office services charges until they are able to Administration. In addition, this of Management and Budget (OMB) has receive RHC support again, which could document (or a summary thereof) and approved, for a period of three years, the create hardship for some. Moreover, it certification will be published in the information collection associated with takes approximately four weeks for Federal Register. USAC to process and send funding the Commission’s Implementation of the commitment letters to projects, which B. Paperwork Reduction Act Analysis Twenty-First Century Communications and Video Accessibility Act of 2010, allows the projects to receive 18. This document does not contain Section 105, Relay Services for Deaf- discounted rates from service providers. new or modified information collection Blind Individuals, Order (Order). This Requiring projects to wait an additional requirements subject to the Paperwork document is consistent with the Order, 30 days after publication in the Federal Reduction Act of 1995 (PRA), Public which stated that the Commission Register to file requests for funding Law 104–13. In addition, therefore, it would publish a document in the commitment letters will only result in does not contain any new or modified Federal Register announcing OMB further delay, as many projects will be information collection burden for small approval and the effective date of the ready to request funding from USAC as business concerns with fewer than 25 requirement. soon as this order is released. employees, pursuant to the Small Accordingly, we find that there is good Business Paperwork Relief Act of 2002, DATES: 47 CFR 64.610(f)(2), published at cause to make this order effective Public Law 107–198, see 44 U.S.C. 76 FR 26641, May 9, 2011, and modified immediately upon publication in the 3506(c)(4). at 77 FR 20553, April 5, 2012, is Federal Register, in order to eliminate effective July 18, 2012. C. Congressional Review Act a potential gap in RHC support and to FOR FURTHER INFORMATION CONTACT: preserve connectivity that has been 19. The Commission will send a copy Rosaline Crawford, Disability Rights developed under the Pilot Program. of this order to Congress and the Office, Consumer and Governmental III. Procedural Matters Government Accountability Office Affairs Bureau, at (202) 418–2075, or pursuant to the Congressional Review email [email protected]. A. Final Regulatory Flexibility Act, see 5 U.S.C. 801(a)(1)(A). SUPPLEMENTARY INFORMATION: This Certification IV. Ordering Clauses document announces that, on July 11, 15. The Regulatory Flexibility Act of 2012, OMB approved, for a period of 1980, as amended (RFA), requires that a 20. Accordingly, it is ordered that, three years, the modified information regulatory flexibility analysis be pursuant to the authority contained in collection requirements contained in the prepared for notice-and-comment rule sections 1, 4(i), 4(j), 201, 254, and 403 Commission’s Order, DA 12–430, making proceedings, unless the agency of the Communications Act of 1934, as published at 77 FR 20553, April 5, 2012. certifies that ‘‘the rule will not, if amended, 47 U.S.C. 151, 154(i), 154(j), The OMB Control Number is 3060– promulgated, have a significant 201, 254, and 403, this order is adopted, 1146. The Commission publishes this economic impact on a substantial and shall become effective July 18, document as an announcement of the number of small entities.’’ The RFA 2012, pursuant to 5 U.S.C. 553(d)(3) and effective date of the rules. If you have generally defines the term ‘‘small §§ 1.4(b)(1), 1.103(a), and 1.427(a) of the any comments on the burden estimates entity’’ as having the same meaning as Commission’s rules, 47 CFR 1.4(b)(1), listed below, or how the Commission the terms ‘‘small business,’’ ‘‘small 1.103(a), 1.427(a). can improve the collections and reduce organization,’’ and ‘‘small governmental 21. It is further ordered that the any burdens caused thereby, please jurisdiction.’’ In addition, the term Commission’s Consumer & contact Cathy Williams, Federal ‘‘small business’’ has the same meaning Governmental Affairs Bureau, Reference Communications Commission, Room 1– as the term ‘‘small business concern’’ Information Center, shall send a copy of C823, 445 12th Street SW., Washington, under the Small Business Act. A ‘‘small this order, including the Final DC 20554. Please include the OMB business concern’’ is one which: (1) Is Regulatory Flexibility Certification, to Control Number, 3060–1146, in your

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correspondence. The Commission will is contained in 47 U.S.C. 154, 254(k); additional year. The rules adopted in also accept your comments via the sections 403(b)(2)(B), (c), Public Law document FCC 11–56 have the Internet if you send them to 104–104, 110 Stat. 56. Interpret or apply following information collection [email protected]. 47 U.S.C. 201, 218, 222, 225, 226, 228, requirements: To request materials in accessible 254(k), and 620. (a) State equipment distribution formats for people with disabilities Total Annual Burden: 21,465 hours. programs, other public programs, and Total Annual Cost: None. (Braille, large print, electronic files, private entities may submit applications audio format), send an email to Nature and Extent of Confidentiality: Confidentiality is an issue to the extent for NDBEDP certification to the [email protected] or call the Consumer Commission. For each state, the and Governmental Affairs Bureau at that individuals and households provide personally identifiable Commission will certify a single (202) 418–0530 (voice), (202) 418–0432 program as the sole authorized entity to (TTY). information (PII), which is covered under the FCC’s system of records participate in the NDBEDP and receive Synopsis notice (SORN), FCC/CGB–3, ‘‘National reimbursement from the TRS Fund. As required by the Paperwork Deaf-Blind Equipment distribution (b) Each program certified under the Reduction Act of 1995 (44 U.S.C. 3507), Program.’’ As required by the Privacy NDBEDP must submit certain program- the FCC is notifying the public that it Act, 5 U.S.C. 552a, the Commission also related data electronically to the received OMB approval on July 11, published a SORN, FCC/CGB–3 Commission, as instructed by the 2012, for the modified information ‘‘National Deaf-Blind Equipment NDBEDP Administrator, every six collection requirement contained in the Distribution Program,’’ in the Federal months, commencing with the start of Commission’s rules at 47 CFR Register on January 19, 2012 (77 FR the pilot program. 64.610(f)(2). 2721) which became effective on (c) Each program certified under the Under 5 CFR 1320, an agency may not February 28, 2012. Also, the NDBEDP must retain all records conduct or sponsor a collection of Commission is in the process of associated with the distribution of information unless it displays a current, preparing the new privacy impact equipment and provision of related valid OMB Control Number. assessment (PIA) related to the PII services under the NDBEDP for two No person shall be subject to any covered by these information years following the termination of the penalty for failing to comply with a collections, as required by OMB’s pilot program. collection of information subject to the Memorandum M–03–22 (September 26, (d) Each program certified under the Paperwork Reduction Act that does not 2003) and by the Privacy Act, 5 U.S.C. NDBEDP must obtain verification that display a current, valid OMB Control 552a. NDBEDP applicants meet the definition Number. The OMB Control Number is Privacy Impact Assessment: Yes. The of an individual who is deaf-blind. 3060–1146. Privacy Impact Assessment (PIA) was The foregoing notice is required by completed on June 28, 2007. It may be (e) Each program certified under the the Paperwork Reduction Act of 1995, reviewed at: http://www.fcc.gov/omd/ NDBEDP must obtain verification that Public Law 104–13, October 1, 1995, privacyact/ NDBEDP applicants meet the income _ _ and 44 U.S.C. 3507. Privacy Impact Assessment.html. The eligibility requirements. Commission is in the process of The total annual reporting burdens (f) Programs certified under the updating the PIA to incorporate various and costs for the respondents are as NDBEDP shall be reimbursed for the follows: revisions made to the SORN and is in the process of preparing a new SORN to cost of equipment that has been OMB Control Number: 3060–1146. distributed to eligible individuals and OMB Approval Date: July 11, 2012. cover the PII collected related thereto, as stated above. authorized related services, up to the OMB Expiration Date: July 31, 2015. state’s funding allotment under this Title: Implementation of the Twenty- Needs and Uses: On April 6, 2011, in document FCC 11–56, the Commission program. Within 30 days after the end first Century Communications and of each six-month period of the Fund Video Accessibility Act of 2010, Section released a Report and Order; published at 76 FR 26641, May 9, 2011, adopting Year, each program certified under the 105, Relay Services for Deaf-Blind NDBEDP pilot must submit Individuals, CG Docket No. 10–210. final rules to implement section 719 of the Communications Act of 1934 (the documentation that supports its claim Form Number: N/A. for reimbursement of the reasonable Type of Review: Revision of a Act), as amended, which was added to costs of equipment and related services. currently approved collection. the Act by the ‘‘Twenty-First Century Respondents: Individuals or Communications and Video On March 20, 2012 in document DA households; businesses or other for- Accessibility Act of 2010’’ (CVAA). See 12–430, the Commission released an profit entities; not-for-profit institutions; Public Law 111–260, § 105. Section 719 Order; published at 77 FR 20553, April Federal government; State, local or of the Act authorizes up to $10 million 5, 2012, to conditionally waive the tribal governments. annually from the Interstate requirement in section (f), above, for Number of Respondents and Telecommunications Relay Service NDBEDP certified programs to submit Responses: 106 respondents; 989 Fund (TRS Fund) to support eligible reimbursement claims at the end of each responses. programs that distribute equipment six-month period of the TRS Fund Year Estimated Time per Response: 1 to designed to make telecommunications to permit certified programs to submit 120 hours. service, Internet access service, and reimbursement claims as frequently as Frequency of Response: Annual, on advanced communications accessible by monthly. Each certified program that occasion, one-time, monthly, and semi- low-income individuals who are deaf- wishes to take advantage of this waiver annually reporting requirements; Record blind. Specifically, the rules adopted in will be permitted to elect a monthly or keeping requirement; Third party document FCC 11–56 established the quarterly reimbursement schedule, must disclosure requirement. National Deaf-Blind Equipment notify the TRS Fund Administrator of Obligation to Respond: Required to Distribution Program (NDBEDP) as a its election at the start of each Fund obtain or retain benefit. The statutory pilot program for two years with an Year, and must maintain that schedule authority for the information collections option to extend the program for one for the duration of the Year.

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Federal Communications Commission. 20910 and to OMB by email to OIRA proposed rule, including one from a Marlene H. Dortch, [email protected], or fax to state, one from a regional fishery Secretary, Office of the Secretary, Office of 202–395–7285. management council, one from a non- Managing Director. FOR FURTHER INFORMATION CONTACT: governmental organization and ten from [FR Doc. 2012–17346 Filed 7–17–12; 8:45 am] Gordon Colvin, phone: 301–427–8118; individuals. The comments and BILLING CODE 6712–01–P fax: 301–713–1875; or email: responses are summarized below. • [email protected]. General comment: One non- governmental organization commented SUPPLEMENTARY INFORMATION: generally in support of the proposed DEPARTMENT OF COMMERCE Electronic Access revisions to §§ 600.1400, 600.1405, 600.1416 and 600.1417 that were not National Oceanic and Atmospheric This final rule is accessible via the Administration otherwise addressed in the Internet at the Office of the Federal organization’s specific comments. Register’s Web site at http:// 50 CFR Part 600 Response: NMFS acknowledges the www.gpoaccess.gov/index.html. comment. [Docket No. 120118050–2206–02] Background information and documents • Section 600.1405(b)(7): NMFS are available at the NMFS Office of proposed to clarify that the exception to RIN 0648–BB49 Science and Technology Web site at the NSAR registration requirement for http://www.countmyfish.noaa.gov/ licensed commercial fishing vessels is Marine Recreational Fisheries of the index.html. United States; National Saltwater only for commercial fishing and not for Angler Registry and State Exemption Background for-hire fishing. Comment: The Western Pacific Program The action amends regulations at Fishery Management Council opposed AGENCY: National Marine Fisheries 50 CFR 600.1400 that implement the this proposal and requested that the Service (NMFS), National Oceanic and National Saltwater Angler Registry and exemption from registration also apply Atmospheric Administration (NOAA), State Exemption Program (NSAR). The to for-hire fishing vessels licensed by Commerce. rule established the requirements and the State of Hawaii. The comment noted procedures for anglers, spear fishers and that the State of Hawaii issues a single ACTION: Final rule. for-hire fishing vessels to register with license, the ‘‘Commercial Marine SUMMARY: NMFS issues this final rule to NMFS unless exempt from the License’’ (CML), for both commercial amend the regulations that implement registration requirement. The NSAR fishing and for-hire vessels. Because the section 401(g) of the Magnuson-Stevens regulations also established the license is named a ‘‘commercial’’ Fishery Conservation and Management requirements and procedures whereby marine license, the holders are not Act (MSA). The amendments eliminate states may be designated as Exempted currently required to register with duplicative permitting and registration States. The anglers and for-hire fishing NMFS under the commercial license requirements for holders of Main vessels licensed or registered by exception in § 600.1405(b)(7), even Hawaiian Islands Non-commercial Exempted States, and those anglers and when they are operating as for-hire Bottomfish Permits; allow states that vessels that are not required to be fishing vessels otherwise required to exempt minors under the age of 17 from licensed or registered under the laws of register under § 600.1405(a). The the state license or registration such states, are not required to register Council believes that requiring Hawaii- requirements to be eligible for Exempted with NMFS. licensed for-hire vessels to be federally State designation; allow the U.S. Virgin Based on its experience with registered is unnecessary and Islands to be designated as an Exempted administering NSAR and input from duplicative, given the requirement for State under the qualifying regional states, NMFS has determined that minor all holders of CML’s to report trips and survey option of the rule; and clarify revisions to the rule are needed to catch. and update various provisions of the clarify and update certain provisions in Response: All states, except Hawaii, rule. order to address the following are designated as Exempted States and objectives: (1) Eliminate duplicative have entered into Memoranda of DATES: This final rule is effective August permitting and registration requirements Agreement to provide the necessary data 17, 2012. for holders of Main Hawaiian Islands to NMFS regarding their for-hire ADDRESSES: Copies of the Regulatory Non-commercial Bottomfish Permits; (2) fisheries. Only Hawaii would be Impact Review/Regulatory Flexibility allow states that exempt minors under affected by the proposed rule change. Act Analysis are available from: Gordon the age of 17 from the state license or All vessels that hold the Hawaii Colvin, Office of Science and registration requirements to be eligible ‘‘Commercial Marine License,’’ Technology, National Marine Fisheries for Exempted State designation; (3) including for-hire vessels, are required Service, 1315 East-West Highway, Silver allow the U.S. Virgin Islands to be to complete and submit trip reports to Spring, MD 20910. Background designated as an Exempted State under the state. Because Hawaii already information and documents are the qualifying regional survey option of collects for-hire catch data from the trip available at the NMFS Office of Science the rule; and (4) clarify and update reports and submits the data to NMFS, and Technology Web site at http:// various provisions of the rule. it is not necessary at the present time to www.st.nmfs.noaa.gov/mrip/. The proposed changes were explained compile a separate list or registry of for- Comments regarding the burden-hour in the preamble to the proposed rule. hire vessels for sampling purposes. estimates or other aspects of the Therefore, NMFS agrees that this Comments and Responses collection-of-information requirements proposed amendment is not necessary contained in this rule should be On February 6, 2012, NMFS now and will defer its adoption for submitted in writing to Gordon Colvin, published a notice of the proposed rule future consideration. Office of Science and Technology, (77 FR 5751). The public comment • Section 600.1405(b)(8): NMFS National Marine Fisheries Service, 1315 period ended on April 6, 2012. NMFS proposed to provide that holders of East-West Highway, Silver Spring, MD received thirteen comments on the Main Hawaiian Islands (MHI) Non-

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commercial Bottomfish Permits do not by NMFS, they will be implemented Comment: One state requested that need to register under NSAR. sequentially. Accordingly, there is no the rule clarify what proof will be Comments: Eight individuals and one single date for implementation of MRIP. required to demonstrate that exclusion Regional Fishery Management Council Rather, survey and estimation of a group from a sample will not bias commented in support of this improvements will be phased in over survey results. amendment. time as they are developed and Response: NMFS can provide case Response: NMFS acknowledges the approved for implementation. specific advice to states based on their comments. The submission of angler registry data specific circumstances. Such advice • Section 600.1416(a): NMFS by states supports one of the many need not be incorporated in the rule. proposed to clarify the existing components of MRIP, the creation of a Adopting such guidance in the rule requirement that lists of licensed list of anglers to be surveyed as part of would require supplemental rulemaking anglers/registrants submitted by the survey to develop statistics to develop and secure public comment Exempted States need to be updated at regarding angler effort, including fishing on undesirable limits to its flexibility. least annually. trip data, for the Atlantic and Gulf states • Section 600.1417(b): NMFS Comment: A state requested further and Puerto Rico. The current MRIP proposed to separate the U.S. Virgin information regarding what qualifies as timetable for implementing system-wide Islands (USVI) and Puerto Rico into acceptable annual updating. changes to these effort surveys provides separate regions for purposes of Response: Guidance regarding the for continued pilot testing of effort submission of regional surveys of acceptable form, procedure and timing sampling designs that use both angler recreational fishing catch. of annual updates was not included in registries and other lists for persons to Comments: One individual the proposed rule. Annual updates are be sampled, including postal address recommended that a similar amendment addressed in the Memoranda of and telephone directory lists, into 2013. be included in the rule for the three Agreement with each exempted state. Not until these current pilot projects are western Pacific Territories/ Adding such guidance to the rule would complete, in late 2013 or later, will Commonwealths, separating Guam, require development of draft guidelines NMFS determine what specific American Samoa and the and opportunity for public comment as sampling design to use in MRIP effort Commonwealth of the Northern Mariana a notice of revised or proposed surveys on the Atlantic and Gulf coasts, Islands into three separate regions. rulemaking. NMFS does not believe it is beginning in 2014 or later. An Response: NMFS proposed to separate necessary or desirable to develop such additional year to provide updated the Caribbean region into two separate guidance via rulemaking at this time. It registry information will extend into regions because it is expected that a is not feasible to anticipate all of the 2013. This would allow the states to survey design for the USVI will differ many ways in which states may choose provide complete registry data by 2014, significantly from a survey design for to conduct updates. If NMFS includes the earliest time by which the new effort Puerto Rico. Therefore, neither the USVI an incomplete or incorrect description survey designs will be in use for the nor Puerto Rico would qualify for a of accepted methods in the rule, Atlantic and Gulf coasts. single, regional survey-based exemption flexibility to allow for different or Comment: A state commented in pursuant to § 417(b). NMFS did not innovative methods in the future would support of this proposal and further propose to separate Guam, American be unnecessarily limited. NMFS will recommended that it be extended to Samoa and the Commonwealth of the respond to requests from any state other administrative or legal actions a Northern Marianas Islands into three individually regarding the form, state is required to complete to retain its separate regions in the notice of procedure and timing of annual eligibility for exempted state proposed rulemaking because all three updates. designation. are covered by a single survey design as • Section 600.1416(d): NMFS Response: NMFS recognizes that some part of the WPacFIN Regional Survey. proposed to provide an extra year for state agencies that issue fishing licenses Each of the three has executed a MOA states that need to enact legislation to may require additional time to formalize with NMFS and is designated as an remain qualified for Exempted State Memoranda of Agreement or other exempted state. NMFS will reconsider designation. agreements with other state agencies to this comment in a future rulemaking if Comments: One non-governmental enable the sharing of data about state the WPacFIN-based regional survey no organization noted this revision as license holders. Accordingly, NMFS has longer supports registry exemptions for ‘‘concerning’’due to the potential for modified the rule to include the the partners. delay in the capability of MRIP to completion of formal agreements function at full capacity in 2013 as a between state agencies as another basis Changes From the Proposed Rule result of any delay in providing a for a one year extension of time under In response to public comment, complete state angler database. § 600.1416(d) of the rules.The additional NMFS made the following changes in Response: Via MRIP, NMFS is year will not affect the timing for the final rule: developing, testing and implementing a initiating use of the new MRIP effort In § 600.1405(b)(7) NMFS is not series of improvements to the design survey designs for the Atlantic and Gulf adopting the proposed amendment to and management of survey and coasts for the same reasons as stated in clarify that the exception to the NSAR estimation methods used to produce the response to the previous comment. registration requirement for licensed marine recreational fisheries statistics, • Section 600.1416(d)(1): NMFS commercial fishing vessels is only for including estimates of catch and effort. proposed to allow states that do not commercial fishing and not for for-hire The improvements will address the require persons who were born before fishing. recommendations of the National June 1, 1940, to be licensed or registered In § 600.1416(d), NMFS modified the Research Council’s 2006 Review of to qualify for Exempted State rule to allow a one-year extension of Recreational Fisheries Survey Methods designations if the state can demonstrate time for the completion of formal and the requirements of Section 401(g) that the number of anglers so excluded agreements between state agencies. of the MSA. As new and improved is so small that exclusion of this group In addition to the changes made in survey and estimation methods are from a sample will not bias survey response to public comment as developed through MRIP and approved results. described above, NMFS made one

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additional change in the final rule. In Dated: July 12, 2012. Combination license means either: § 600.1416(b)(7), the words ‘‘or Alan D. Risenhoover, (1) A single state fishing license that registration’’ are added for consistency Director, Office of Sustainable Fisheries, permits fishing in fresh waters and tidal with other references to state licenses performing the functions and duties of the waters at one price; or and registrations. Deputy Assistant Administrator for (2) A single state license that permits Regulatory Programs, National Marine a group of fishing and hunting activities, Classification Fisheries Service. including fishing in tidal waters, at a For the reasons set out in the price that is less than the sum of the cost NMFS has determined that the rule is preamble, NMFS amends 50 CFR part of the individual licenses. consistent with the applicable 600 to read as follows: Commercial fishing has the same provisions of the Magnuson-Stevens Act meaning as in and other applicable law. PART 600—MAGNUSON-STEVENS 16 U.S.C. 1802. This rule has been determined to be ACT PROVISIONS Continental shelf fishery resources not significant for purposes of Executive has the same meaning as in 16 U.S.C. ■ 1. The authority citation for part 600 Order 12866. 1802. continues to read as follows: The Chief Counsel for Regulation of Exempted state means a state that has Authority: 16 U.S.C. 1881. been designated as an exempted state by the Department of Commerce certified NMFS pursuant to § 600.1415. to the Chief Counsel for Advocacy of the ■ 2. Section 600.1400 is revised to read as follows: For-hire fishing vessel means a vessel Small Business Administration during on which passengers are carried to the proposed rule stage that this rule § 600.1400 Definitions. engage in angling or spear fishing, from would not have a significant economic In addition to the definitions in the whom a consideration is contributed as impact on a substantial number of small Magnuson-Stevens Fishery a condition of such carriage, whether entities. The factual basis for the Conservation and Management Act directly or indirectly flowing to the certification was published in the (Magnuson-Stevens Act) and in § 600.10 owner, charterer, operator, agent or any proposed rule and is not repeated here. of this title, the terms used in this other person having an interest in the No comments were received regarding subpart have the following meanings. vessel. this certification. As a result, a For purposes of this subpart, if Indigenous people means persons regulatory flexibility analysis was not applicable, the terms used in this who are documented members of a required and none has been prepared. subpart supersede those used in federally recognized tribe or Alaskan This final rule modifies a collection- § 600.10. Native Corporation or persons who of-information subject to the Paperwork Anadromous species means the reside in the western Pacific who are Reduction Act (PRA) and which has following: descended from the aboriginal people indigenous to the region who conducted been approved by OMB under control American shad: Alosa sapidissima commercial or subsistence fishing using number 0648–0578. Public reporting Blueback herring: Alosa aestivalus traditional fishing methods, including burden for angler registration is Alewife: Alosa pseudoharengus Hickory shad: Alosa mediocris angling. estimated to average three minutes per Alabama shad: Alosa alabamae Spearfishing means fishing for, response, including the time for Striped bass: Morone saxatilis attempting to fish for, catching or reviewing instructions, searching Rainbow smelt: Osmerus mordax attempting to catch fish in tidal waters existing data sources, gathering and Atlantic salmon: Salmo salar by any person with a spear or a maintaining the data needed, and Chinook, or king, salmon: powerhead (see 50 CFR 600.10). completing and reviewing the collection Oncorhynchus tshawytscha State has the same meaning as in 16 of information. Send comments Coho, or silver, salmon: Oncorhynchus U.S.C. 1802. regarding these burden estimates or any kisutch Tidal waters means waters that lie other aspect of this data collection, Pink salmon: Oncorhynchus gorbuscha below mean high water and seaward of including suggestions for reducing the Sockeye salmon: Oncorhynchus nerka the first upstream obstruction or barrier burden, to NMFS (see ADDRESSES) and Chum salmon: Oncorhynchus keta to tidal action and that are subject to the by email to Steelhead: Oncorhynchus mykiss ebb and flow of the astronomical tides Coastal cutthroat trout: Oncorhynchus [email protected], or fax under ordinary conditions. clarki clarki to 202–395–7285. ■ 3. In § 600.1405, revise paragraphs Eulachon or candlefish: Thaleichthys (b)(4), and (b)(8) to read as follows: Notwithstanding any other provision pacificus of the law, no person is required to Dolly varden: Salvelinus malma § 600.1405 Angler registration. respond to, nor shall any person be Sheefish or inconnu: Stenodus * * * * * subject to a penalty for failure to comply leucichthys (b) * * * with, a collection of information subject Atlantic sturgeon: Acipenser (4) Holds a permit issued by NMFS to the requirements of the PRA, unless oxyrhynchus oxyrhynchus for for-hire fishing under 50 CFR that collection of information displays a Shortnose sturgeon: Acipenser 622.4(a)(1), 635.4(b), 648.4(a), or currently valid OMB control number. brevirostrum 660.707(a)(1); Gulf sturgeon: Acipenser oxyrhynchus List of Subjects in 50 CFR Part 600 desotoi * * * * * White sturgeon: Acipenser (8) Holds an HMS Angling permit Fisheries, Fishing, Fishing vessels, transmontanus under Statistics. Green sturgeon: Acipenser medirostris 50 CFR 635.4(c) or a MHI Non- Angler means a person who is angling commercial Bottomfish permit under 50 (see 50 CFR 600.10) in tidal waters. CFR 665.203(a)(2); Authorized officer has the same * * * * * meaning as in 50 CFR 600.10. ■ 4. In § 600.1416:

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■ a. Revise paragraphs (a), (b)(1), (c), (d) (1) Name, address and telephone the Fishery Management Plan for the introductory text, and (d)(1); and number, updated annually, of excluded Snapper-Grouper Fishery of the South ■ b. Add paragraph (b)(7) to read as anglers over age 59, unless the state can Atlantic Region (Snapper-Grouper follows: demonstrate that the number of anglers FMP), as prepared and submitted by the excluded from the license or registration South Atlantic Fishery Management § 600.1416 Requirements for exempted state designation based on submission of requirement based on having a date of Council (Council). The Comprehensive state license holder data. birth before June 1, 1940 is so small it ACL Amendment specified, in part, (a) A state must annually update and has no significant probability of biasing annual catch limits (ACLs) and submit to NMFS, in a format consistent estimates of fishing effort if these accountability measures (AMs) for with NMFS guidelines, the name, anglers are not included in a species in the Snapper-Grouper FMP. A address and, to the extent available in representative sample; final rule implementing the the state’s database, telephone number * * * * * Comprehensive ACL Amendment and date of birth, of all persons and for- ■ 5. In § 600.1417, revise paragraphs published on March 16, 2012, and hire vessel operators, and the name and (b)(1)(iii) through (vii), and (b)(3), and became effective on April 16, 2012. state registration number or U.S. Coast add paragraph (b)(1)(viii) to read as However, after publishing that final Guard documentation number of for- follows: rule, NMFS discovered that the hire vessels that are licensed to fish, or commercial quota (ACL) for greater are registered as fishing, in the EEZ, in § 600.1417 Requirements for exempted amberjack, which was specified in the the tidal waters of the state, or for state designation based on submission of Comprehensive ACL Amendment, was recreational survey data. anadromous species. The Memorandum inadvertently not specified in the of Agreement developed in accordance * * * * * proposed or final rules to implement with § 600.1415(b)(2) will specify the (b) * * * that amendment. The intent of this timetable for a state to compile and (1) * * * supplemental final rule is to implement submit complete information telephone (iii) Puerto Rico; the commercial ACL for greater numbers and dates of birth for its (iv) U.S. Virgin Islands; amberjack, while maintaining catch license holders/registrants. The waters (v) California, Oregon and levels consistent with achieving of the state for which such license- Washington; optimum yield for the resource. (vi) Alaska; holder data must be submitted will be DATES: This rule is effective August 17, (vii) Hawaii; or specified in the Memorandum of 2012. (viii) American Samoa, Guam and the Agreement. Commonwealth of the Northern Mariana ADDRESSES: Electronic copies of the * * * * * Islands. Comprehensive ACL Amendment, (b) * * * which includes a final environmental * * * * * (1) Under 17 years of age; impact statement, a regulatory flexibility (3) Utilize angler registry data to * * * * * analysis, and a regulatory impact identify individuals to be surveyed by (7) Fishing on days designated as review, may be obtained from the telephone, mail or Internet if such ‘‘free fishing days’’ by states. ‘‘Free Southeast Regional Office Web site at regional survey includes a telephone fishing days’’ means fishing promotion http://sero.nmfs.noaa.gov/sf/pdfs/ survey component; and programs by which states allow new Comp%20ACL%20Am% anglers to fish for a specified day * * * * * 20101411%20FINAL.pdf. without a license or registration. [FR Doc. 2012–17490 Filed 7–17–12; 8:45 am] FOR FURTHER INFORMATION CONTACT: (c) Unless the state can demonstrate BILLING CODE 3510–22–P Nikhil Mehta, telephone: 727–824– that a given category of anglers is so 5305, or email: [email protected]. small it has no significant probability of biasing estimates of fishing effort if DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The these anglers are not included in a snapper-grouper fishery of the South representative sample, a state may not National Oceanic and Atmospheric Atlantic is managed under the FMP. The be designated as an exempted state if its Administration FMP was prepared by the Council and licensing or registration program is implemented through regulations at excludes anglers in any category other 50 CFR Part 622 50 CFR part 622 under the authority of than those listed in paragraph (b) of this [Docket No. 120409403–2218–02] the Magnuson-Stevens Fishery section. Conservation and Management Act (d) Required enhancements to RIN 0648–BB93 (Magnuson-Stevens Act). exempted state license-holder data. An On October 20, 2011, NMFS Fisheries of the Caribbean, Gulf of exempted state must submit the published a notice of availability for the Mexico, and South Atlantic; following angler identification data by Comprehensive ACL Amendment and Comprehensive Annual Catch Limit Jan. 1, 2012, or within two years of the requested public comment (76 FR Amendment Supplement effective date of the Memorandum of 65153). On December 1, 2011, NMFS Agreement, whichever is later, and AGENCY: National Marine Fisheries published a proposed rule for the thereafter in accordance with the Service (NMFS), National Oceanic and Comprehensive ACL Amendment and Memorandum of Agreement. States that Atmospheric Administration (NOAA), requested public comment (76 FR provide NMFS with notice that they are Commerce. 74757). Additionally, on December 30, required to enact legislation or to enter ACTION: Supplemental final rule. 2011, NMFS published an amended into formal memoranda of agreement or proposed rule for the Comprehensive contracts with other state agencies to SUMMARY: NMFS issues this final rule to ACL Amendment to revise the comply with this requirement must supplement the regulations commercial and recreational sector submit the data within three years of the implementing the Comprehensive ACLs for wreckfish and requested effective date of the Memorandum of Annual Catch Limit Amendment public comment (76 FR 82264). The Agreement: (Comprehensive ACL Amendment) for Secretary of Commerce approved the

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Comprehensive ACL Amendment on Amendment, the commercial sector List of Subjects in 50 CFR Part 622 January 18, 2012. The final rule to allocation equates to a commercial ACL Fisheries, Fishing, Puerto Rico, implement the Comprehensive ACL of 800,163 lb (362,948 kg), round Reporting and recordkeeping Amendment was published on March weight, or 769,388 lb (348,989 kg), requirements, Virgin Islands. 16, 2012 (77 FR 15916). gutted weight. On April 20, 2012, NMFS published NMFS agrees that if the new Dated: July 12, 2012. a supplemental proposed rule to the commercial quota is met in-season, Alan D. Risenhoover, Comprehensive ACL Amendment to negative economic effects could be Director, Office of Sustainable Fisheries, revise the commercial quota experienced by commercial fishermen performing the functions and duties of the (commercial ACL) for greater amberjack who target greater amberjack, because Deputy Assistant Administrator for and requested public comment (77 FR Regulatory Programs, National Marine the current Federal regulations require Fisheries Service. 23652). A summary of the action that if commercial landings reach, or are implemented by this supplemental final projected to reach the commercial quota For the reasons set out in the rule is provided below. (ACL), then the commercial sector will preamble, 50 CFR part 622 is amended The final rule to implement the close for the remainder of the fishing as follows: Comprehensive ACL Amendment (77 year. The fishing year for greater PART 622—FISHERIES OF THE FR 15916, March 16, 2012) amberjack begins on May 1 and ends on implemented AMs and a recreational CARIBBEAN, GULF, AND SOUTH April 30. For the period of 2005–2009, ATLANTIC ACL for greater amberjack. However, as commercial greater amberjack landings part of the rulemaking for the did not exceed the commercial quota Comprehensive ACL Amendment, ■ 1. The authority citation for part 622 (ACL) being implemented through this continues to read as follows: NMFS inadvertently failed to revise the rule. However, NMFS notes that commercial quota for greater amberjack. preliminary greater amberjack Authority: 16 U.S.C. 1801 et seq. This supplemental final rule revises the commercial landings data for the 2011– ■ greater amberjack commercial quota to 2. In § 622.42, paragraph (e)(3) is 2012 fishing year indicate that accurately reflect the actions in the revised to read as follows: commercial landings may have Comprehensive ACL Amendment and exceeded the revised commercial quota § 622.42 Quotas. the Council’s intent. This rule reduces being implemented through this rule, * * * * * the current commercial sector quota of and might have triggered a closure had (e) * * * 1,169,931 lb (530,672 kg), gutted weight, this rule been in place for the 2011– (3) Greater amberjack—769,388 lb to 769,388 lb (348,989 kg), gutted 2012 fishing year. However, as noted (348,989 kg). weight. above, the Council cannot set the ACL * * * * * Comments and Responses at a level that exceeds the ABC. NMFS [FR Doc. 2012–17493 Filed 7–17–12; 8:45 am] A total of four comments letters were will monitor commercial landings for BILLING CODE 3510–22–P received on the supplemental proposed the 2012–2013 fishing year, and rule. Relevant comments were similar in subsequent years, to determine if the content and are addressed in a single AM will be triggered and the DEPARTMENT OF COMMERCE commercial sector should be closed in- comment and response as follows. National Oceanic and Atmospheric Comment 1: The greater amberjack season. Administration commercial quota should not be Classification reduced to 769,388 lb (348,989 kg), 50 CFR Part 679 gutted weight. The recent stock The Regional Administrator, assessment indicated that greater Southeast Region, NMFS has [Docket No. 111207737–2141–02] determined that this supplemental final amberjack is not undergoing overfishing RIN 0648–0648–XC112 and is not overfished. The lower quota rule is necessary for the conservation will lead to greater economic hardships and management of the species within Fisheries of the Economic Exclusive if greater amberjack is closed earlier the Comprehensive ACL Amendment Zone Off Alaska; Shallow-Water each year. and is consistent with the Magnuson- Species Fishery by Vessels Using Response: Although greater amberjack Stevens Act, and other applicable law. Trawl Gear in the Gulf of Alaska is not undergoing overfishing and is not This supplemental final rule has been overfished, the Magnuson-Stevens Act determined to be not significant for AGENCY: National Marine Fisheries requires that a fishery management purposes of Executive Order 12866. Service (NMFS), National Oceanic and council specify ACLs for species in its The Chief Counsel for Regulation of Atmospheric Administration (NOAA), FMPs at a level that may not exceed the the Department of Commerce certified Commerce. fishing level recommendation of its to the Chief Counsel for Advocacy of the ACTION: Temporary rule; closure. scientific and statistical committee Small Business Administration that the (SSC), and that ACLs prevent final rule to implement the SUMMARY: NMFS is prohibiting directed overfishing. The SSC recommendation Comprehensive ACL Amendment fishing for species that comprise the that is the most relevant to ACLs is the would not have a significant economic shallow-water species fishery by vessels acceptable biological catch (ABC). Based impact on a substantial number of small using trawl gear in the Gulf of Alaska on the most recent stock assessment entities. The factual basis for this (GOA). This action is necessary because completed in 2008, the SSC determination was published in the the third seasonal apportionment of the recommended a greater amberjack stock proposed rule and the supplemental Pacific halibut bycatch allowance ABC of 1,968,000 lb (892,670 kg), round proposed rule and is not repeated here. specified for the shallow-water species weight. Therefore, the Council specified No comments were received regarding fishery in the GOA has been reached. a stock ACL for greater amberjack of this certification. As a result, a DATES: Effective 1200 hrs, Alaska local 1,968,000 lb (892,670 kg). As described regulatory flexibility analysis was not time (A.l.t.), July 14, 2012, through 1200 in the Comprehensive ACL required and none was proposed. hrs, A.l.t., September 1, 2012.

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FOR FURTHER INFORMATION CONTACT: Consequently, NMFS is prohibiting impracticable and contrary to the public Obren Davis, 907–586–7228. directed fishing for the shallow-water interest. This requirement is SUPPLEMENTARY INFORMATION: NMFS species fishery by vessels using trawl impracticable and contrary to the public manages the groundfish fishery in the gear in the GOA. The species and interest as it would prevent NMFS from GOA exclusive economic zone species groups that comprise the responding to the most recent fisheries according to the Fishery Management shallow-water species fishery are data in a timely fashion and would Plan for Groundfish of the Gulf of pollock, Pacific cod, shallow-water delay the closure of the shallow-water Alaska (FMP) prepared by the North flatfish, flathead sole, Atka mackerel, species fishery by vessels using trawl Pacific Fishery Management Council skates, squids, sharks, octopuses, and gear in the GOA. NMFS was unable to under authority of the Magnuson- sculpins. This prohibition does not publish a notice providing time for Stevens Fishery Conservation and apply to fishing for pollock by vessels public comment because the most Management Act. Regulations governing using pelagic trawl gear in those recent, relevant data only became fishing by U.S. vessels in accordance portions of the GOA open to directed available as of July 12, 2012. with the FMP appear at subpart H of 50 fishing for pollock and vessels fishing The AA also finds good cause to CFR part 600 and 50 CFR part 679. under a cooperative quota permit in the waive the 30-day delay in the effective The third seasonal apportionment of cooperative fishery in the Rockfish date of this action under 5 U.S.C. the Pacific halibut bycatch allowance Program for the Central GOA. 553(d)(3). This finding is based upon specified for the shallow-water species After the effective date of this closure the reasons provided above for waiver of fishery in the GOA is 200 metric tons as the maximum retainable amounts at prior notice and opportunity for public established by the final 2012 and 2013 § 679.20(e) and (f) apply at any time comment. harvest specifications for groundfish of during a trip. the GOA (77 FR 15194, March 14, 2012), This action is required by § 679.21 Classification for the period 1200 hrs, A.l.t., July 1, and is exempt from review under 2012, through 1200 hrs, A.l.t., This action responds to the best Executive Order 12866. September 1, 2012. available information recently obtained Authority: 16 U.S.C. 1801 et seq. In accordance with § 679.21(d)(7)(i), from the fishery. The Acting Assistant the Administrator, Alaska Region, Administrator for Fisheries, NOAA Dated: July 13, 2012. NMFS, has determined that the third (AA), finds good cause to waive the Emily H. Menashes, seasonal apportionment of the Pacific requirement to provide prior notice and Deputy Director, Office of Sustainable halibut bycatch allowance specified for opportunity for public comment Fisheries, National Marine Fisheries Service. the trawl shallow-water species fishery pursuant to the authority set forth at 5 [FR Doc. 2012–17483 Filed 7–13–12; 4:15 pm] in the GOA has been reached. U.S.C. 553(b)(B) as such requirement is BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 77, No. 138

Wednesday, July 18, 2012

This section of the FEDERAL REGISTER APHIS–2011–0048, Regulatory Analysis licenses. One of those exemptions, contains notices to the public of the proposed and Development, PPD, APHIS, Station found in § 107.1(a), allows for product issuance of rules and regulations. The 3A–03.8, 4700 River Road Unit 118, to be prepared by a veterinary purpose of these notices is to give interested Riverdale, MD 20737–1238. practitioner solely for administration to persons an opportunity to participate in the Supporting documents and any animals in the course of his or her State- rule making prior to the adoption of the final comments we receive on this docket rules. licensed professional practice of may be viewed at http:// veterinary medicine under a www.regulations.gov/ veterinarian-client-patient relationship. DEPARTMENT OF AGRICULTURE #!docketDetail;D=APHIS-2011-0048 or The regulations in § 107.1(a)(1) set forth in our reading room, which is located in the criteria that must be satisfied in Animal and Plant Health Inspection room 1141 of the USDA South Building, order to establish the existence of a Service 14th Street and Independence Avenue veterinarian-client-patient relationship. SW., Washington, DC. Normal reading Recently, it has come to APHIS’ 9 CFR Part 107 room hours are 8 a.m. to 4:30 p.m., attention that some veterinary Monday through Friday, except [Docket No. APHIS–2011–0048] practitioners may be entering into holidays. To be sure someone is there to contractual agreements whereby RIN 0579–AD66 help you, please call (202) 799–7039 product would be prepared by a before coming. commercial laboratory/manufacturing Viruses, Serums, Toxins, and FOR FURTHER INFORMATION CONTACT: Dr. facility (unlicensed vaccine Analogous Products; Exemptions Donna Malloy, Operational Support manufacturing establishment) rather From Preparation Pursuant to an Section, Center for Veterinary Biologics, than by the practitioner at the facility he Unsuspended and Unrevoked License Policy, Evaluation, and Licensing, VS, or she uses to conduct the day-to-day AGENCY: Animal and Plant Health APHIS, 4700 River Road Unit 148, activities associated with his or her Inspection Service, USDA. Riverdale, MD 20737–1231; phone (301) State licensed practice of veterinary ACTION: Proposed rule. 851–3426, fax (301) 734–4314. medicine. Such arrangements in which SUPPLEMENTARY INFORMATION: an unlicensed establishment, acting as SUMMARY: We are proposing to amend an agent for the practitioner, prepares the Virus-Serum-Toxin Act regulations Background the product and sells and ships/ to require that veterinary biologics The regulations in Title 9, Code of transports the product directly to the prepared under the veterinary Federal Regulations (9 CFR), parts 101– animal owner creates a situation in practitioner exemption must be 118 (referred to below as the which product is prepared, sold, and prepared at the same facility the regulations) contain provisions shipped in violation of the Act. veterinarian utilizes in conducting the implementing the Virus-Serum-Toxin Specifically, the Act states that no day-to-day activities associated with his Act (the Act), as amended (21 U.S.C. person, firm, or corporation shall or her practice. This exemption applies 151–159). These regulations are prepare, sell, barter, exchange, or ship to veterinary biologics prepared by a administered by the Animal and Plant any virus, serum, toxin, or analogous veterinary practitioner solely for Health Inspection Service (APHIS) of product manufactured within the administration to animals in the course the U.S. Department of Agriculture United States and intended for the of a State-licensed professional practice (USDA). The Act prohibits the treatment of animals, unless and until of veterinary medicine under a preparation, sale, and shipment of the said virus, serum, toxin, or veterinarian-client-patient relationship. veterinary biological products in or from analogous product shall have been This proposed amendment is necessary the United States unless such products prepared, under and in compliance with to ensure that veterinary biologics are have been prepared under and in regulations at an establishment holding not prepared in unlicensed compliance with USDA regulations at an unsuspended and unrevoked license establishments in violation of the Virus- an establishment holding an issued by the Secretary of Agriculture. Serum-Toxin Act. The effect of the unsuspended and unrevoked license While part 107 of the regulations proposed amendment would be to issued by USDA. specifies the licensing exemption for clarify the regulations regarding the In part 102 of the regulations, §§ 102.1 product prepared by veterinary preparation of product by a veterinary and 102.2 require that each practitioners and sets forth the practitioner under a veterinarian-client- establishment and every person requirements for showing that a patient relationship. preparing biological products subject to veterinarian-client-patient relationship DATES: We will consider all comments the Act must hold an unexpired, exists, it appears that, given the that we receive on or before September unsuspended, and unrevoked U.S. instances described in the previous 17, 2012. Veterinary Biologics Establishment paragraph, some clarification is ADDRESSES: You may submit comments License issued by the Administrator and necessary with respect to the issue of by either of the following methods: a U.S. Veterinary Biological Product the relationship between the veterinary • Federal eRulemaking Portal: Go to License for each product prepared in practitioner and the facility where the http://www.regulations.gov/ such establishment. Part 107 of the product is prepared. The purpose of this #!documentDetail;D=APHIS-2011-0048- regulations contains exemptions from provision is to allow a veterinarian to 0001. the requirement for preparation prepare veterinary biologics at the • Postal Mail/Commercial Delivery: pursuant to unsuspended and location where she or he operates a Send your comment to Docket No. unrevoked establishment and product veterinary practice, which would not be

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licensed under the Act, and to transport such production as ‘‘establishments,’’ practitioners that currently contract it away from that facility when which is confusing because that term is with an unlicensed commercial necessary, for administration to an used elsewhere in the regulations to laboratory or manufacturing facility to animal or animals under a veterinarian- refer only to production sites that are produce veterinary biologics in client-patient relationship without not exempt from the license violation of the Act. These entities violating the Act. requirement. For example, the could be affected if they become aware However, no provision in the Act or definitions in § 101.2 define of the violation through publication of the regulations would allow a veterinary establishment as ‘‘One or more premises this proposed rule and discontinue the practitioner to take advantage of the designated on the establishment prohibited activity, but that effect could licensing exemption while at the same license.’’ Therefore, in § 107.1 where we also occur at any time under the current time consigning the actual preparation refer to the exemption for the site of regulations if APHIS receives specific of the product to a commercial day-to-day operation of a veterinarian’s evidence of such a violation and orders laboratory/manufacturing establishment State-licensed professional practice, we its cessation. which would then exchange or deliver would use the term ‘‘facilities’’ rather Under these circumstances, the the product to a third party. An than ‘‘establishments.’’ Administrator of the Animal and Plant arrangement such as this is contrary to Health Inspection Service has the statutory requirement that prohibits Executive Order 12866 and Regulatory determined that this action would not a person, firm, or corporation from Flexibility Act have a significant economic impact on preparing, selling, bartering, This proposed rule has been a substantial number of small entities. exchanging, or shipping a veterinary determined to be not significant for the biologic intended for use in the purposes of Executive Order 12866 and, Executive Order 12372 treatment of animals unless and until therefore, has not been reviewed by the such product shall have been prepared Office of Management and Budget. This program/activity is listed in the in compliance with the regulations in a This proposed rule would amend the category of Federal Domestic Assistance USDA licensed establishment (see 21 regulations in § 107.1 to clarify that the under No. 10.025 and is subject to U.S.C. 151). preparation of biological products Executive Order 12372, which requires In order to ensure that product subject pursuant to the exemption in paragraph intergovernmental consultation with to the exemption for products prepared (a)(1) of that section must take place at State and local officials. (See 7 CFR part by veterinarians solely for the same facility that the veterinarian 3015, subpart V.) administration to animals in the course preparing the product utilizes in Executive Order 12988 of a State licensed professional practice conducting the day-to-day activities of veterinary medicine under a associated with his/her State-licensed This proposed rule has been reviewed veterinarian-client-patient relationship professional practice of veterinary under Executive Order 12988, Civil is prepared in accordance with the medicine. Justice Reform. It is not intended to requirements of the Virus-Serum-Toxin As noted previously in this proposed have retroactive effect. This rule would Act, APHIS is proposing to amend its rule, no provision in the Act or the not preempt any State or local laws, regulations by adding clarifying regulations allows a veterinary regulations, or policies where they are language to § 107.1 emphasizing the practitioner to take advantage of the necessary to address local disease requirement that the exemption from licensing exemption while at the same conditions or eradication programs. preparation pursuant to unsuspended time consigning the actual preparation However, where safety, efficacy, purity, and unrevoked product and of the product to a commercial and potency of biological products are establishment licenses applies only to laboratory or other manufacturing concerned, it is the Agency’s intent to product prepared by the veterinary establishment which would then occupy the field. Under the Act, practitioner (or by a supervised exchange or deliver the product to a Congress clearly intended that there be veterinary assistant) at the facility such third party. An arrangement such as this national uniformity in the regulation of veterinarian uses in the day-to-day is contrary to the statutory requirement these products, and APHIS will operation of his/her State-licensed that prohibits a person, firm, or continue to take enforcement action as professional practice of veterinary corporation from preparing, selling, necessary against practitioners and medicine. bartering, exchanging, or shipping a production facilities with regard to The proposed amendment would veterinary biologic intended for use in veterinary biologics produced or clarify that the preparation of product the treatment of animals unless and distributed in contravention of the Act. prepared by a veterinarian solely for until such product shall have been There are no administrative proceedings administration to animals in the course prepared in compliance with the which must be exhausted prior to a of a State-licensed professional practice regulations in a USDA licensed judicial challenge to the regulations of veterinary medicine under a establishment. under this rule. veterinarian-client-patient relationship Therefore, this proposed amendment shall only be done at a facility routinely to the regulations is simply a Paperwork Reduction Act used in the day-to-day operation of a clarification of an existing and This proposed rule contains no new professional practice of veterinary longstanding prohibition. The proposed information collection or recordkeeping medicine. amendment would not change the requirements under the Paperwork We also propose to make minor nature of the exemption, the number of Reduction Act of 1995 (44 U.S.C. 3501 changes to § 107.1 to replace the term veterinary practitioners who are eligible et seq.). ‘‘establishments’’ with ‘‘facilities.’’ As to take advantage of the exemption, or discussed above, § 107.1 exempts the criteria that must be satisfied in List of Subjects in 9 CFR Part 107 product prepared by a veterinary order to establish the existence of a practitioner from preparation pursuant veterinarian-client-patient relationship, Animal biologics, Reporting and to an unsuspended and unrevoked nor would it add any reporting or recordkeeping requirements. product and establishment license. recordkeeping burden. It is possible that Accordingly, we propose to amend 9 However, § 107.1 refers to the sites of there may be one or several veterinary CFR part 107 as follows:

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PART 107—EXEMPTIONS FROM North American Industry Classification information and determine whether it PREPARATION PURSUANT TO AN System (NAICS) Sector 23, will make the information public. UNSUSPENDED AND UNREVOKED Construction. SBA proposes to increase FOR FURTHER INFORMATION CONTACT: LICENSE the size standard for NAICS 237210, Jorge Laboy-Bruno, Ph.D., Economist, Land Subdivision, from $7 million to Size Standards Division, (202) 205–6618 1. The authority citation for part 107 $25 million and the size standard for or [email protected]. continues to read as follows: Dredging and Surface Cleanup SUPPLEMENTARY INFORMATION: To Authority: 21 U.S.C. 151–159; 7 CFR 2.22, Activities, a sub-industry category (or an determine eligibility for Federal small 2.80, and 371.4. ‘‘exception’’) under NAICS 237990, business assistance, SBA establishes 2. Section 107.1 is amended as Other Heavy and Civil Engineering small business size definitions (referred follows: Construction, from $20 million to $30 to as size standards) for private sector a. In the introductory text and in million in average annual receipts. As industries in the United States. SBA paragraph (a)(1), by removing the word part of its ongoing comprehensive size uses two primary measures of business ‘‘establishments’’ and adding the word standards review, SBA has evaluated all size: Average annual receipts and ‘‘facilities’’ in its place. size standards in NAICS Sector 23 to average number of employees. SBA uses b. By redesignating paragraph (a)(2) as determine whether they should be financial assets, electric output, and paragraph (a)(3) and adding a new retained or revised. This proposed rule refining capacity to measure the size of paragraph (a)(2) to read as follows: is one of a series of proposed rules that a few specialized industries. In will review size standards of industries addition, SBA’s Small Business § 107.1 Veterinary practitioners and animal grouped by NAICS Sector. SBA issued owners. Investment Company (SBIC), Certified a White Paper entitled ‘‘Size Standards Development Company (504), and 7(a) * * * * * Methodology’’ and published a notice in Loan Programs use either the industry (a) * * * the October 21, 2009 issue of the based size standards or net worth and (2) All steps in the preparation of Federal Register to advise the public net income based alternative size product being prepared under the that the document is available on its standards to determine eligibility for exemption in paragraph (a)(1) of this Web site at www.sba.gov/size for public those programs. At the beginning of the section must be performed at the review and comments. The ‘‘Size current comprehensive size standards facilities that the veterinarian utilizes Standards Methodology’’ White Paper review, there were 41 different size for the day-to-day activities associated explains how SBA establishes, reviews, standards covering 1,141 NAICS with the treatment of animals in the and modifies its receipts based and industries and 18 sub-industry activities course of his/her State-licensed employee based small business size (‘‘exceptions’’ in SBA’s table of size professional practice of veterinary standards. In this proposed rule, SBA standards). Thirty-one of these size medicine. A veterinary assistant has applied its methodology that levels were based on average annual employed by the veterinary practitioner pertains to establishing, reviewing, and receipts, seven were based on average and working at the veterinary practice’s modifying a receipts based size number of employees, and three were facility under the veterinarian’s direct standard. based on other measures. supervision may perform the steps in DATES: SBA must receive comments to Over the years, SBA has received the preparation of product. Such comments that its size standards have preparation may not be consigned to this proposed rule on or before September 17, 2012. not kept up with changes in the any other party or sub-contracted to a economy, in particular the changes in commercial laboratory/manufacturing ADDRESSES: Identify your comments by the Federal contracting marketplace and facility. RIN 3245–AG37 and submit them by industry structure. The last time SBA * * * * * one of the following methods: (1) conducted a comprehensive review of Done in Washington, DC, this 12th day of Federal eRulemaking Portal: all size standards was during the late July 2012. www.regulations.gov, following the 1970s and early 1980s. Since then, most Kevin Shea, instructions for submitting comments; reviews of size standards were limited or (2) Mail/Hand Delivery/Courier: Acting Administrator, Animal and Plant to a few specific industries in response Health Inspection Service. Khem R. Sharma, Ph.D., Chief, Size to requests from the public and Federal Standards Division, 409 Third Street [FR Doc. 2012–17533 Filed 7–17–12; 8:45 am] agencies. SBA also adjusts its monetary SW., Mail Code 6530, Washington, DC BILLING CODE 3410–34–P based size standards for inflation at least 20416. SBA will not accept comments to once every five years. SBA’s latest this proposed rule submitted by email. inflation adjustment to size standards SMALL BUSINESS ADMINISTRATION SBA will post all comments to this was published in the Federal Register proposed rule on www.regulations.gov. on July 18, 2008 (73 FR 41237). 13 CFR Part 121 If you wish to submit confidential Given its importance in the Federal business information (CBI) as defined in Procurement market, SBA has studied RIN 3245–AG37 the User Notice at www.regulations.gov, and reviewed the construction industry you must submit such information to over time. In 1985, SBA adopted a new Small Business Size Standards: U.S. Small Business Administration, size standard for the Dredging sub- Construction Khem R. Sharma, Ph.D., Chief, Size industry (an exception within NAICS AGENCY: U.S. Small Business Standards Division, 409 Third Street industry 237990). The new size Administration. SW., Mail Code 6530, Washington, DC standard was based on a 1984 study of ACTION: Proposed rule. 20416, or send an email to the industry structure, conducted in [email protected]. Highlight the cooperation with the Corps of Engineers SUMMARY: The U.S. Small Business information that you consider to be CBI and members of the industry. The final Administration (SBA) proposes to and explain why you believe SBA rule was published in the Federal increase small business size standards should hold this information as Register on November 8, 1985 (50 FR for one industry and one sub-industry in confidential. SBA will review your 46418). Finally, the industry’s

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definitions under the NAICS changed published the document on its Web site 632(a)(3)) requires that ‘‘* * * the significantly in 2002, requiring SBA to at www.sba.gov/size for public review [SBA] Administrator shall ensure that adjust its size standards (including and comments, and has included it as the size standard varies from industry to those in NAICS Sector 23) accordingly a supporting document in the electronic industry to the extent necessary to (67 FR 52633). docket of this proposed rule at reflect the differing characteristics of the Because of changes in the Federal www.regulations.gov. SBA does not various industries and consider other marketplace and industry structure apply all features of its ‘‘Size Standards factors deemed to be relevant by the since the last comprehensive size Methodology’’ to all industries because Administrator.’’ Accordingly, the standards review, SBA recognizes that not all features are appropriate for every economic structure of an industry is the current data may no longer support industry. For example, since all basis for developing and modifying some of its existing size standards. industries in NAICS Sector 23 have small business size standards. SBA Accordingly, in 2007, SBA began a receipts based size standards the identifies the small business segment of comprehensive review of all size methodology described in this proposed an industry by examining data on the standards to determine if they are rule applies only to establishing receipts economic characteristics defining the consistent with current data, and to based size standards. However, the industry structure (as described below). adjust them when necessary. In methodology is available in its entirety In addition, SBA considers current addition, on September 27, 2010, the for parties who have an interest in economic conditions, its mission and President of the United States signed the SBA’s overall approach to establishing, program objectives, the Small Business Jobs Act of 2010 (Jobs evaluating, and modifying small Administration’s current policies, Act). The Jobs Act directs SBA to business size standards. SBA always suggestions from industry groups and conduct a detailed review of all size explains its analysis in individual Federal agencies, and public comments standards and to make appropriate proposed and final rules relating to size on the proposed rule. SBA also adjustments to reflect market standards for specific industries. examines whether a size standard based conditions. Specifically, the Jobs Act SBA welcomes comments from the on industry and other relevant data requires SBA to conduct a detailed public on a number of issues concerning successfully excludes businesses that review of at least one-third of all size its ‘‘Size Standards Methodology,’’ such are dominant in the industry. standards during every 18-month period as whether there are other approaches to This proposed rule includes from the date of its enactment. In establishing and modifying size information regarding the factors SBA addition, the Jobs Act requires that SBA standards; whether there are alternative evaluated and the criteria it used to conduct a review of all size standards or additional factors that SBA should propose adjustments to size standards in not less frequently than once every five consider; whether SBA’s approach to NAICS Sector 23. This proposed rule years thereafter. Reviewing existing small business size standards makes affords the public an opportunity to small business size standards and sense in the current economic review and to comment on SBA’s making appropriate adjustments based environment; whether SBA’s use of proposals to revise size standards in on current data are also consistent with anchor size standards is appropriate; NAICS Sector 23, as well as on the data Executive Order 13563 on improving whether there are gaps in SBA’s and methodology it used to evaluate and regulation and regulatory review. methodology because the data it uses revise the size standards. Rather than review all size standards are not current or sufficiently Industry Analysis at one time, SBA is reviewing size comprehensive; and whether there are standards on a Sector by Sector basis. A other data, facts, and/or issues that SBA For the current comprehensive size NAICS Sector generally includes 25 to should consider. Comments on SBA’s standards review, SBA has established 75 industries, except for NAICS Sector size standards methodology should be three ‘‘base’’ or ‘‘anchor’’ size 31–33, Manufacturing, which has submitted via: (1) The Federal standards—$7.0 million in average considerably more industries. Once SBA eRulemaking Portal: annual receipts for industries that have completes its review of size standards www.regulations.gov, following the receipts based size standards, 500 for industries in a NAICS Sector, it instructions for submitting comments; employees for manufacturing and other issues a proposed rule to revise size the docket number is SBA–2009–0008; industries that have employee based standards for those industries for which or (2) Mail/Hand Delivery/Courier: size standards (except for Wholesale it believes currently available data and Khem R. Sharma, Ph.D., Chief, Size Trade), and 100 employees for other relevant factors support doing so. Standards Division, 409 Third Street industries in the Wholesale Trade Below is a discussion of SBA’s size SW., Mail Code 6530, Washington, DC Sector. SBA established 500 employees standards methodology for establishing 20416. As it will do with comments to as the anchor size standard for receipts based size standards that SBA this and other proposed rules, SBA will manufacturing industries at its applied to this proposed rule, including post all comments on its methodology inception in 1953. Shortly thereafter, analyses of industry structure, Federal on www.regulations.gov. As of SBA established $1 million in average procurement trends and other factors for December 29, 2011, SBA has received annual receipts as the anchor size industries reviewed in this proposed 14 comments to its ‘‘Size Standards standard for nonmanufacturing rule, the impact of the proposed Methodology.’’ The comments are industries. SBA has periodically revisions to size standards on Federal available to the public at increased the receipts based anchor size small business assistance, and the www.regulations.gov. SBA continues to standard for inflation, and today it is $7 evaluation of whether a revised size welcome comments on its methodology million. Since 1986, the size standard standard would exclude dominant firms from interested parties. SBA will not for all industries in the Wholesale Trade from being considered small. accept comments to its ‘‘Size Standards Sector for SBA financial assistance and Methodology’’ submitted by email. for most Federal programs has been 100 Size Standards Methodology Congress granted SBA’s Administrator employees. However, NAICS codes for SBA has recently developed a ‘‘Size discretion to establish detailed small the Wholesale Trade Sector and their Standards Methodology’’ for business size standards. 15 U.S.C. 100 employee size standards do not developing, reviewing, and modifying 632(a)(2). Specifically, Section 3(a)(3) of apply to Federal procurement programs. size standards when necessary. SBA the Small Business Act (15 U.S.C. Rather, for Federal procurement the size

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standard for all industries in Wholesale appropriate industry size standard and weights are the shares of total industry Trade (NAICS Sector 42) and for all the anchor size standard. To determine receipts for respective size classes. The industries in Retail Trade (NAICS Sector a size standard above the anchor size simple average weighs all firms within 44–45), is 500 employees under SBA’s standard, SBA analyzes the an industry equally regardless of their nonmanufacturer rule (13 CFR characteristics of a second comparison size. The weighted average overcomes 121.406(b)). group. For industries with receipts that limitation by giving more weight to These long-standing anchor size based size standards, including those in larger firms. standards have stood the test of time NAICS Sector 23, SBA has developed a If the average firm size of an industry and gained legitimacy through practice second comparison group consisting of is significantly higher than the average and general public acceptance. An industries that have the highest of firm size of industries in the anchor anchor is neither a minimum nor a receipts based size standards. To comparison industry group, this will maximum size standard. It is a common determine a size standard above the generally support a size standard higher size standard for a large number of anchor size standard, SBA analyzes the than the anchor size standard. industries that have similar economic characteristics of this second Conversely, if the industry’s average characteristics and serves as a reference comparison group. The size standards firm size is similar to or significantly point in evaluating size standards for for this group of industries range from lower than that of the anchor individual industries. SBA uses the $23 million to $35.5 million in average comparison industry group, it will be a anchor in lieu of trying to establish annual receipts; the weighted average basis to adopt the anchor size standard, precise small business size standards for size standard for the group is $29 or, in rare cases, a standard lower than each industry. Otherwise, theoretically, million. SBA refers to this comparison the anchor. the number of size standards might be group as the ‘‘higher level receipts based 2. Startup costs and entry barriers. as high as the number of industries for size standard group.’’ Startup costs reflect a firm’s initial size which SBA establishes size standards The primary factors that SBA in an industry. New entrants to an (1,141). Furthermore, the data SBA evaluates to examine industry structure industry must have sufficient capital analyzes are static, while the U.S. include average firm size, startup costs and other assets to start and maintain a economy is not. Hence, absolute and entry barriers, industry viable business. If new firms entering a precision is impossible. SBA presumes competition, and distribution of firms particular industry have greater capital an anchor size standard is appropriate by size. SBA evaluates, as an additional requirements than firms in industries in for a particular industry unless that primary factor, the impact that revised the anchor comparison group, this can industry displays economic size standards might have on Federal be a basis for establishing a size characteristics that are considerably contracting assistance to small standard higher than the anchor size different from other industries with the businesses. These are, generally, the five standard. In lieu of actual startup cost same anchor size standard. most important factors SBA examines data, SBA uses average assets as a proxy When evaluating a size standard, SBA when establishing or revising a size to measure the capital requirements for compares the economic characteristics standard for an industry. However, SBA new entrants to an industry. of the industry under review to the will also consider and evaluate other To calculate average assets, SBA average characteristics of industries information that it believes is relevant to begins with the sales to total assets ratio with one of the three anchor size a particular industry (such as for an industry from the Risk standards (referred to as the ‘‘anchor technological changes, growth trends, Management Association’s Annual comparison group’’). This allows SBA to SBA financial assistance, other program Statement Studies. SBA then applies assess the industry structure and to factors, etc.). SBA also considers these ratios to the average receipts of determine whether the industry is possible impacts of size standard firms in that industry. An industry with appreciably different from the other revisions on eligibility for Federal small average assets that are significantly industries in the anchor comparison business assistance, current economic higher than those of the anchor group. If the characteristics of a specific conditions, the Administration’s comparison group is likely to have industry under review are similar to the policies, and suggestions from industry higher startup costs; this in turn will average characteristics of the anchor groups and Federal agencies. Public support a size standard higher than the comparison group, the anchor size comments on a proposed rule also anchor. Conversely, an industry with standard is generally appropriate for provide important additional average assets that are similar to or that industry. SBA may consider information. SBA thoroughly reviews all lower than those of the anchor adopting a size standard below the public comments before making a final comparison group is likely to have anchor when: (1) All or most of the decision on its proposed size standards. lower startup costs; this will support the industry characteristics are significantly Below are brief descriptions of each of anchor standard or one lower than the smaller than the average characteristics the five primary factors that SBA has anchor. of the anchor comparison group; or (2) evaluated for each industry in NAICS 3. Industry competition. Industry other industry considerations strongly Sector 23. A more detailed description competition is generally measured by suggest that the anchor size standard of this analysis is provided in SBA’s the share of total industry receipts would be an unreasonably high size ‘‘Size Standards Methodology,’’ generated by the largest firms in an standard for the industry. available at http://www.sba.gov/size. industry. SBA generally evaluates the If the specific industry’s 1. Average firm size. SBA computes share of industry receipts generated by characteristics are significantly higher two measures of average firm size: the four largest firms in each industry. than those of the anchor comparison Simple average and weighted average. This is referred to as the ‘‘four-firm group, then a size standard higher than For industries with receipts based size concentration ratio,’’ a commonly used the anchor size standard may be standards, the simple average is the total economic measure of market appropriate. The larger the differences receipts of the industry divided by the competition. SBA compares the four- are between the characteristics of the total number of firms in the industry. firm concentration ratio for an industry industry under review and those in the The weighted average firm size is the to the average four-firm concentration anchor comparison group, the larger sum of weighted simple averages in ratio for industries in the anchor will be the difference between the different receipts size classes, where comparison group. If a significant share

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of economic activity within the industry possible impact a size standard change assistance has been provided mainly to is concentrated among a few relatively may have on Federal small business businesses that are much smaller than large companies, all else being equal, assistance. This most often focuses on the existing size standards, SBA does SBA will establish a size standard the share of Federal contracting dollars not consider this factor when higher than the anchor size standard. awarded to small businesses in the determining the size standard. SBA does not consider the four-firm industry in question. In general, if the concentration ratio as an important small business share of Federal Sources of Industry and Program Data factor in assessing a size standard if its contracting in an industry with SBA’s primary source of industry data share of economic activity within the significant Federal contracting is used in this proposed rule is a special industry is less than 40 percent. For an appreciably less than the small business tabulation of the 2007 Economic Census industry with a four-firm concentration share of the industry’s total receipts, (see www.census.gov/econ/census07/) ratio of 40 percent or more, SBA this could justify considering a size prepared by the U.S. Bureau of the examines the average size of the four standard higher than the existing size Census (Census Bureau) for SBA. The largest firms to determine a size standard. The disparity between the 2007 Economic Census data are the standard. small business Federal market share and latest available. The special tabulation 4. Distribution of firms by size. SBA industry-wide small business share may provides SBA with data on the number examines the shares of industry total be due to various factors, such as of firms, number of establishments, receipts accounted for by firms of extensive administrative and number of employees, annual payroll, different receipts and employment size compliance requirements associated and annual receipts of companies by classes in an industry. This is an with Federal contracts, the different Industry (6-digit level), Industry Group additional factor in assessing industry skill set required for Federal contracts as (4-digit level), Subsector (3-digit level), competition. If most of an industry’s compared to typical commercial and Sector (2-digit level). These data are economic activity is attributable to contracting work, and the size of arrayed by various classes of firms’ size smaller firms, this generally indicates Federal contracts. These, as well as based on the overall number of that small businesses are competitive in other factors, are likely to influence the employees and receipts of the entire that industry. This can support adopting type of firms within an industry that enterprise (all establishments and the anchor size standard. If most of an compete for Federal contracts. By affiliated firms) from all industries. The industry’s economic activity is comparing the small business Federal special tabulation enables SBA to attributable to larger firms, this contracting share with the industry- evaluate average firm size, the four-firm indicates that small businesses are not wide small business share, SBA concentration ratio, and distribution of competitive in that industry. This can includes in its size standards analysis firms by various receipts, and support adopting a size standard above the latest Federal contracting trends. employment size classes. the anchor. This analysis may support a size Concentration is a measure of standard larger than the current size In some cases, where data were not inequality of distribution. To determine standard. available due to disclosure prohibitions the degree of inequality of distribution SBA considers Federal contracting in the Census Bureau’s tabulation, SBA in an industry, SBA computes the Gini trends in the size standards analysis either estimated missing values using coefficient, using the Lorenz curve. The only if: (1) The small business share of available relevant data or examined data Lorenz curve presents the cumulative Federal contracting dollars is at least 10 at a higher level of industry aggregation, percentages of units (firms) along the percent lower than the small business such as at the NAICS 2-digit (Sector), 3- horizontal axis and the cumulative share of total industry receipts; and (2) digit (Subsector), or 4-digit (Industry percentages of receipts (or other the amount of total Federal contracting Group) level. In some instances, SBA’s measures of size) along the vertical axis. averages $100 million or more during analysis was based only on those factors (For further detail, please refer to SBA’s the latest three fiscal years. These for which data were available or ‘‘Size Standards Methodology’’ on its thresholds reflect significant levels of estimates of missing values were Web site at www.sba.gov/size.) Gini contracting where a revision to a size possible. coefficient values vary from zero to one. standard may have an impact on To calculate average assets, SBA used If receipts are distributed equally among contracting opportunities to small sales to total assets ratios from the Risk all the firms in an industry, the value of businesses. Management Association’s Annual the Gini coefficient will equal zero. If an Besides the impact on small business Statement Studies, 2008–2010. industry’s total receipts are attributed to Federal contracting, SBA also evaluates To evaluate Federal contracting a single firm, the Gini coefficient will the impact of a proposed size standard trends, SBA examined data on Federal equal one. revision on SBA’s loan programs. For contract awards for fiscal years 2008– SBA compares the Gini coefficient this, SBA examines the data on volume 2010. The data are available from the value for an industry with that for and number of guaranteed loans within U.S. General Service Administration’s industries in the anchor comparison an industry and the size of firms Federal Procurement Data System— group. If the Gini coefficient value for obtaining those loans. This allows SBA Next Generation (FPDS–NG). an industry is higher than it is for to assess whether the existing or the industries in the anchor comparison proposed size standard for a particular To assess the impact on financial industry group this may, all else being industry may restrict the level of assistance to small businesses, SBA equal, warrant a size standard higher financial assistance to small firms. If examined data on its own guaranteed than the anchor. Conversely, if an current size standards have impeded loan programs for fiscal years 2008– industry’s Gini coefficient is similar to financial assistance to small businesses, 2010. or lower than that for the anchor group, higher size standards may be Data sources and estimation the anchor standard, or in some cases a supportable. However, if small procedures SBA uses in its size standard lower than the anchor, may be businesses under current size standards standards analysis are documented in adopted. have been receiving significant amounts detail in SBA’s ‘‘Size Standards 5. Impact on Federal contracting and of financial assistance through SBA’s Methodology’’ White Paper, which is SBA loan programs. SBA examines the loan programs, or if the financial available at www.sba.gov/size.

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Dominance in Field of Operation maximum, and the most commonly Subsector 236 (Construction of Section 3(a) of the Small Business Act used current receipts based size Buildings), and all industries in NAICS (15 U.S.C. 632(a)) defines a small standards. At the start of the current Industry Group 2371 (Utility System business concern as one that is: (1) comprehensive review, the most Construction) have common size Independently owned and operated; (2) commonly used receipts based size standards. Similarly, all industries not dominant in its field of operation; standards clustered around the within NAICS Subsector 238 (Specialty and (3) within a specific small business following—$2.5 million to $4.5 million, Trade Contractors) also have a common definition or size standard established $7 million, $9 million to $10 million, size standard. In this proposed rule, SBA proposes to retain common size by SBA Administrator. SBA considers $12.5 million to $14.0 million, $25 standards for all industries within as part of its evaluation whether a million to $25.5 million, and $33.5 NAICS Subsector 236 (Construction of business concern at a proposed size million to $35.5 million. SBA selected Buildings), NAICS Industry Group 2371 standard would be dominant in its field $7 million as one of eight fixed levels (Utility System Construction), and of operation. For this, SBA generally of receipts based size standards because NAICS Subsector 238 (Specialty Trade examines the industry’s market share of it is an anchor standard. The lowest or Contractors). Whenever SBA proposes a firms at the proposed standard. Market minimum receipts based size level will common size standard for closely share and other factors may indicate be $5 million. Other than the standards related industries it will provide its whether a firm can exercise a major for agriculture and those based on justification. controlling influence on a national basis commissions (such as real estate brokers in an industry where a significant and travel agents), $5 million includes Evaluation of Industry Structure those industries with the lowest receipts number of business concerns are SBA evaluated all 31 industries and engaged. If a contemplated size standard based standards, which ranged from $2 million to $4.5 million. Among the one sub-industry in NAICS Sector 23, includes a dominant firm, SBA will Construction, to assess the consider a lower size standard to higher level size clusters, SBA has set four fixed levels: $10 million, $14 appropriateness of the current size exclude the dominant firm from being standards. As described above, SBA defined as small. million, $25.5 million, and $35.5 million. Because of the large intervals compared data on the economic Selection of Size Standards between some of the fixed levels, SBA characteristics of each industry to the established two intermediate levels, average characteristics of industries in To simplify receipts based size two comparison groups. The first namely $19 million between $14 standards, SBA has proposed to select comparison group consists of all million and $25.5 million, and $30 size standards from a limited number of industries with $7 million size million between $25.5 million and levels. For many years, SBA has been standards and is referred to as the $35.5 million. These two intermediate concerned about the complexity of ‘‘receipts based anchor comparison levels reflect roughly the same determining small business status group.’’ Because the goal of SBA’s proportional differences as between the caused by a large number of varying review is to assess whether a specific other two successive levels. receipts based size standards (see 69 FR industry’s size standard should be the 13130 (March 4, 2004) and 57 FR 62515 To simplify size standards further, same as or different from the anchor size (December 31, 1992)). At the beginning SBA may propose a common size standard, this is the most logical group of the current comprehensive size standard for closely related industries. of industries to analyze. In addition, this standards review, there were 31 Although the size standard analysis may group includes a sufficient number of different levels of receipts based size support a separate size standard for each firms to provide a meaningful standards. They ranged from $0.75 industry, SBA believes that establishing assessment and comparison of industry million to $35.5 million, and many of different size standards for closely characteristics. them applied to one or only a few related industries may not always be If the characteristics of an industry are industries. SBA believes that such a appropriate. For example, in cases similar to the average characteristics of large number of different small business where many of the same businesses industries in the anchor comparison size standards is unnecessary and operate in the same multiple industries, group, the anchor size standard is difficult to justify analytically. To a common size standard for those generally appropriate for that industry. simplify managing and using size industries might better reflect the If an industry’s structure is significantly standards, SBA proposes that there be Federal marketplace. This might also different from industries in the anchor fewer size standard levels. This will make size standards among related group, a size standard lower or higher produce more common size standards industries more consistent than separate than the anchor size standard might be for businesses operating in related size standards for each of those appropriate. The proposed new size industries. This will also result in industries. This led SBA to establish a standard is based on the difference greater consistency among the size common size standard for the between the characteristics of the standards for industries that have information technology (IT) services anchor comparison group and a second similar economic characteristics. (NAICS 541511, NAICS 541112, NAICS industry comparison group. As All size standards in NAICS Sector 23 541513, NAICS 541519, and NAICS described above, the second comparison are based on average annual receipts. 811212), even though the industry data group for receipts based standards SBA proposes, therefore, to apply one of might support a distinct size standard consists of industries with the highest eight receipts based size standards to for each industry (57 FR 27906 (June 23, receipts based size standards, ranging each industry in NAICS Sector 23. The 1992)). The SBA also, more recently, from $23 million to $35.5 million. The eight ‘‘fixed’’ receipts based size established common size standards for average size standard for this group is standard levels are $5 million, $7 the industries in NAICS Industry Group $29 million. SBA refers to this group of million, $10 million, $14 million, $19 5411, Legal Services, and for the industries as the ‘‘higher level receipts million, $25.5 million, $30 million, and industries in NAICS Industry Group based size standard comparison group.’’ $35.5 million. SBA established these 5412, Accounting Services (77 FR 7490 SBA determines differences in industry eight receipts based size standard based (February 10, 2012)). In NAICS Sector structure between an industry under on the current minimum, the current 23, currently all industries in NAICS review and the industries in the two

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comparison groups by comparing data distribution of firms by size. Table 1, concentration ratio, average receipts of on each of the industry factors, Average Characteristics of Receipts the four largest firms, and the Gini including average firm size, average Based Comparison Groups, shows the coefficient for both anchor level and assets size, the four-firm concentration average firm size (both simple and higher level comparison groups for ratio, and the Gini coefficient of weighted), average assets size, four-firm receipts based size standards.

TABLE 1—AVERAGE CHARACTERISTICS OF RECEIPTS BASED COMPARISON GROUPS

Avg. firm size ($ million) Avg. Four-firm Avg. Receipts based comparison group assets size concentration receipts of four Gini Simple Weighted ($ million) ratio largest firms coefficient average average (%) ($ million) *

Anchor Level...... 1.32 19.63 0.84 16.6 196.4 0.693 Higher Level ...... 5.07 116.84 3.20 32.1 1,376.0 0.830 * To be used for industries with a four-firm concentration ratio of 40% or greater.

Derivation of Size Standards Based on For example, if an industry’s simple SBA applies the above calculation to Industry Factors average receipts are $3.3 million, that derive a size standard for each industry For each industry factor in Table 1, can support a $19 million size standard. factor. Detailed formulas involved in SBA derives a separate size standard The $3.3 million level is 52.8 percent these calculations are presented in based on the differences between the between $1.32 million for the anchor SBA’s ‘‘Size Standards Methodology’’ values for an industry under review and comparison group and $5.07 million for which is available on its Web site at the values for the two comparison the higher level comparison group www.sba.gov/size. (However, it should groups. If the industry value for a (($3.30 million¥$1.32 million) ÷ ($5.07 be noted that figures in the ‘‘Size ¥ particular factor is near the million $1.32 million) = 0.528 or Standards Methodology’’ White Paper corresponding factor for the anchor 52.8%). This proportional difference is are based on 2002 Economic Census comparison group, the $7 million applied to the difference between the $7 data and are different from those anchor size standard is appropriate for million anchor size standard and presented in this proposed rule. That is that factor. average size standard of $29 million for because when SBA prepared its ‘‘Size An industry factor significantly above the higher level size standard group and Standards Methodology,’’ the 2007 then added to $7.0 million to estimate or below the anchor comparison group Economic Census data were not yet will generally imply a size standard for a size standard of $18.61 million available). Table 2, Values of Industry that industry above or below the $7 ([{$29.0 million¥$7.0 million}* 0.528] Factors and Supported Size Standards, million anchor. The new size standard + $7.0 million = $18.61 million). The in these cases is based on the final step is to round the estimated below, shows ranges of values for each proportional difference between the $18.61 million size standard to the industry factor and the levels of size industry value and the values for the nearest fixed size standard, which in standards supported by those values. two comparison groups. this example is $19 million.

TABLE 2—VALUES OF INDUSTRY FACTORS AND SUPPORTED SIZE STANDARDS

Or if If Or if Or if Avg. receipts Then Implied size Simple avg. Weighted avg. Avg. assets size of largest Or if standard is receipts size receipts size ($ million) four firms gini coefficient ($ million) ($ million) ($ million) ($ million)

<1.15 ...... <15.22 ...... <0.73 ...... <142.8 ...... <0.686 ...... 5.0 1.15 to 1.57 ...... 15.22 to 26.26 ...... 0.73 to 1.00 ...... 142.8 to 276.9 ...... 0.686 to 0.702 ...... 7.0 1.58 to 2.17 ...... 26.27 to 41.73 ...... 1.01 to 1.37 ...... 277.0 to 464.5 ...... 0.703 to 0.724 ...... 10.0 2.18 to 2.94 ...... 41.74 to 61.61 ...... 1.38 to 1.86 ...... 464.6 to 705.8 ...... 0.725 to 0.752 ...... 14.0 2.95 to 3.92 ...... 61.62 to 87.02 ...... 1.87 to 2.48 ...... 705.9 to 1,014.1 ...... 0.753 to 0.788 ...... 19.0 3.93 to 4.86 ...... 87.03 to 111.32 ...... 2.49 to 3.07 ...... 1,014.2 to 1,309.0 ...... 0.789 to 0.822 ...... 25.5 4.87 to 5.71 ...... 111.33 to 133.41 ...... 3.08 to 3.61 ...... 1,309.1 to 1,577.1 ...... 0.823 to 0.853 ...... 30.0 >5.71 ...... >133.41 ...... >3.61 ...... >1,577.1 ...... >0.853 ...... 35.5

Derivation of Size Standard Based on share of total industry receipts, SBA has Because of the complex relationships Federal Contracting Factor designated a size standard one level among several variables affecting small higher than their current size standard. business participation in the Federal Besides industry structure, SBA also For industries where the small business marketplace, SBA has chosen not to evaluates Federal contracting data to share of total Federal contracting dollars designate a size standard for the Federal assess the success of small businesses in is more than 30 percent lower than the contracting factor alone that is more getting Federal contracts under the small business share of total industry than two levels above the current size existing size standards. For industries receipts, SBA has designated a size standard. SBA believes that a larger where the small business share of total standard two levels higher than the adjustment to size standards based on Federal contracting dollars is 10 to 30 current size standard. Federal contracting activity should be percent lower than the small business based on a more detailed analysis of the

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impact of any subsequent revision to the during fiscal years 2008–2010. The For the four-firm concentration ratio, current size standard. In limited Federal contracting factor was SBA estimates a size standard only if its situations, however, SBA may conduct significant (i.e., the difference between value is 40 percent or more. If the four- a more extensive examination of Federal the small business share of total firm concentration ratio for an industry contracting experience. This may industry receipts and small business is less than 40 percent, SBA does not support a different size standard than share of Federal contracting dollars was estimate a size standard for that factor. indicated by this general rule and take 10 percentage points or more) in 9 of If the four-firm concentration ratio is into consideration significant and those 20 industries and a separate size more than 40 percent, SBA indicates in unique aspects of small business standard was derived from that factor column 6 the average size of the competitiveness in the Federal contract for each of them. industry’s four largest firms together market. SBA welcomes comments on its New Size Standards Based on Industry with a size standard based on that methodology for incorporating the and Federal Contracting Factors average. Column 9 shows a calculated Federal contracting factor in its size Table 3, Size Standards Supported by new size standard for each industry. standard analysis and suggestions for Each Factor for Each Industry (millions This is the average of the size standards alternative methods and other relevant of dollars), shows the results of analyses supported by each factor, rounded to the information on small business of industry and Federal contracting nearest fixed size level. Analytical experience in the Federal contract factors for each industry covered by this details involved in the averaging market that SBA should consider. proposed rule. Many NAICS industries procedure are described in SBA’s ‘‘Size Twenty of the 31 industries in NAICS in columns 2, 3, 4, 6, 7, and 8 show two Standard Methodology.’’ For Sector 23 and the sub-industry category numbers. The upper number is the comparison with the new standards, the (‘‘exception’’) under NAICS 237990 value for the industry or federal current size standards are in column 10 (Other Heavy and Civil Engineering contracting factor shown on the top of of Table 3, Size Standards Supported by Construction),averaged $100 million or the column and the lower number is the Each Factor for Each Industry (millions more annually in Federal contracting size standard supported by that factor. of dollars). TABLE 3—SIZE STANDARDS SUPPORTED BY EACH FACTOR FOR EACH INDUSTRY [Millions of dollars]

Simple Weighted Average Four-firm Federal Calculated Current average average assets Four-firm average Gini contract size size NAICS Code/NAICS industry title firm size firm size size ratio size coefficient factor standard standard ($ million) ($ million) ($ million) (%) ($ million) (%) ($ million) ($ million)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

236115 New Single-Family Housing Construction (except Operative Builders) ...... $1.5 $22.3 $1.2 2.7 $599.2 0.670 ¥62.8 ...... 7.0 7.0 10.0 ...... $5.0 $35.5 $14.0 $33.5 236116 New Multifamily Housing Construction (ex- cept Operative Builders) ...... 11.7 119.2 6.0 17.8 1,547.0 0.833 ¥27.1 ...... 35.5 30.0 35.5 ...... $30.0 $35.5 35.5 33.5 236117 New Housing Operative Builders ...... 5.2 291.5 4.8 17.9 8,097.5 0.874 4.2 ...... 30.0 35.5 35.5 ...... $35.5 ...... 35.5 33.5 236118 Residential Remodelers ...... 0.71 9.0 0.2 2.6 337.8 0.566 ¥77.1 ...... 5.0 5.0 5.0 ...... $5.0 $35.5 14.0 33.5 236210 Industrial Building Construction ...... 9.2 71.1 3.2 14.4 629.5 0.802 ¥3.2 ...... 35.5 19.0 30.0 ...... $25.5 ...... 25.5 33.5 236220 Commercial and Institutional Building Con- struction ...... 10.1 161.3 3.2 5.7 5,311.1 0.839 ¥0.9 ...... 35.5 35.5 30.0 ...... $30.0 ...... 30.0 33.5 237110 Water and Sewer Line and Related Struc- tures Construction ...... 4.5 44.9 2.1 4.3 520.0 0.765 ¥10.6 ...... 25.5 14.0 19.0 ...... $19.0 $35.5 25.5 33.5 237120 Oil and Gas Pipeline and Related Struc- tures Construction ...... 16.9 150.0 7.8 17.6 1,362.9 0.840 ¥0.1 ...... 35.5 35.5 35.5 ...... $30.0 ...... 35.5 33.5 237130 Power and Communication Line and Re- lated Structures Construction ...... 6.8 129.6 2.9 20.8 1,767.4 0.864 10.5 ...... 35.5 30.0 25.5 ...... $35.5 ...... 30.0 33.5 237210 Land Subdivision ...... 3.6 38.0 11.9 12.1 690.2 0.796 ...... 19.0 10.0 35.5 ...... $25.5 ...... 25.5 7.0 237310 Highway, Street and Bridge Construction ... 10.6 96.0 5.0 5.2 1,393.9 0.811 5.7 ...... 35.5 25.5 35.5 ...... $25.5 ...... 30.0 33.5 237990 Other Heavy and Civil Engineering Con- struction, Except Dredging and Surface Cleanup Activities ...... 5.0 59.9 2.5 10.7 476.2 0.812 ¥9.9 ...... 30.0 14.0 19.0 ...... $25.5 ...... 19.0 33.5 237990 Dredging and Surface Cleanup Activities ... 44.0 542.1 21.6 52.5 976.0 0.797 9.8 ...... 35.5 35.5 35.5 ...... 19.0 $25.5 ...... 30.0 20.0 238110 Poured Concrete Foundation and Structure Contractors ...... 1.9 32.5 0.75 4.5 535.5 0.739 ¥18.0 ...... 10.0 10.0 7.0 ...... $14.0 $19.0 14.0 14.0 238120 Structural Steel and Precast Concrete Con- tractors ...... 4.1 26.1 1.7 7.0 258.2 0.725 ¥23.5 ...... 25.5 7.0 14.0 ...... $14.0 $19.0 14.0 14.0 238130 Framing Contractors ...... 0.9 13.6 0.3 3.8 170.8 0.657 1.6 ...... 5.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238140 Masonry Contractors ...... 1.1 11.5 0.4 2.3 155.9 0.685 ¥6.4 ...... 7.0 5.0 5.0 ...... $5.0 5.0 14.0

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TABLE 3—SIZE STANDARDS SUPPORTED BY EACH FACTOR FOR EACH INDUSTRY—Continued [Millions of dollars]

Simple Weighted Average Four-firm Federal Calculated Current average average assets Four-firm average Gini contract size size NAICS Code/NAICS industry title firm size firm size size ratio size coefficient factor standard standard ($ million) ($ million) ($ million) (%) ($ million) (%) ($ million) ($ million)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

238150 Glass and Glazing Contractors ...... 2.1 16.7 0.7 5.6 150.4 0.686 8.1 ...... 10.0 7.0 5.0 ...... $5.0 ...... 7.0 14.0 238160 Roofing Contractors ...... 1.8 14.3 0.6 3.6 263.5 0.684 17.0 ...... 10.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238170 Siding Contractors ...... 0.7 5.0 ...... 2.6 46.7 0.556 ¥7.5 ...... 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238190 Other Foundation, Structure, and Building Exterior Contractors ...... 1.4 13.3 0.5 10.4 176.6 0.680 ¥34.8 ...... 7.0 5.0 5.0 ...... $5.0 $25.5 10.0 14.0 238210 Electrical Contractors and Other Wiring In- stallation Contractors ...... 1.8 36.6 0.6 3.5 1,128.6 0.738 12.1 ...... 10.0 10.0 5.0 ...... $14.0 ...... 10.0 14.0 238220 Plumbing, Heating, and Air-Conditioning Contractors ...... 1.8 34.4 0.6 4.0 1,623.6 0.720 19.3 ...... 10.0 10.0 5.0 ...... $10.0 ...... 7.0 14.0 238290 Other Building Equipment Contractors ...... 4.2 97.5 1.4 27.6 1,689.8 0.818 21.9 ...... 25.5 25.5 14.0 ...... $25.5 ...... 19.0 14.0 238310 Drywall and Insulation Contractors ...... 2.1 42.3 0.7 6.3 679.6 0.762 18.6 ...... 10.0 14.0 5.0 ...... $19.0 ...... 14.0 14.0 238320 Painting and Wall Covering Contractors ..... 0.6 7.3 0.2 2.2 121.6 0.578 ¥7.3 ...... 5.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238330 Flooring Contractors ...... 1.1 17.8 0.3 5.9 231.6 0.694 5.3 ...... 5.0 7.0 5.0 ...... $7.0 ...... 7.0 14.0 238340 Tile and Terrazzo Contractors ...... 0.9 8.7 0.3 2.9 74.3 0.634 ¥1.8 ...... 5.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238350 Finish Carpentry Contractors ...... 0.7 7.9 0.2 2.7 178.4 0.597 ¥2.7 ...... 5.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238390 Other Building Finishing Contractors ...... 1.4 8.7 0.5 3.8 80.9 0.673 ¥28.8 ...... 7.0 5.0 5.0 ...... $5.0 ...... 5.0 14.0 238910 Site Preparation Contractors ...... 1.9 25.0 1.0 1.7 349.0 0.728 ¥12.1 ...... 10.0 7.0 7.0 ...... $14.0 $19.0 14.0 14.0 238990 All Other Specialty Trade Contractors ...... 1.4 15.5 0.5 4.9 473.7 0.673 ¥23.9 ...... 7.0 7.0 5.0 ...... $5.0 $19.0 10.0 14.0

Common Size Standards ‘‘exception’’ under NAICS 541340), (October 12, 2011), and NAICS Sector When many of the same businesses NAICS 541360, and NAICS 541370 53, Real Estate and Rental and Leasing operate in multiple industries, SBA (64 FR 28275(May 25, 1999)). More (see 76 FR 70680 (November 15, 2011)). believes that a common size standard recently, SBA established a common For NAICS Sector 23, SBA derives, as can be appropriate for these industries size standard for some of the industries an alternative to a separate size standard even if the industry and relevant in NAICS Sector 44–45, Retail Trade, as for each industry, common size program data might suggest different well (see 75 FR 61597 (October 6, standards for industries in two NAICS size standards. For instance, in past 2010)). The SBA also, more recently, Subsectors and one NAICS Industry rules, SBA has established a common established common size standards for Group, as shown in Table 4, Subsectors size standard for Computer Systems the industries in NAICS Industry Group and Industry for Common Sized Design and Related Services (NAICS 5411, Legal Services, and for the Standards. SBA evaluated industry and 541511, NAICS 541112, NAICS 541513, industries in NAICS Industry Group Federal contracting factors and derived NAICS 541519 (excluding the 5412, Accounting Services (77 FR 7490 a common size standard for each ‘‘exception’’ for Information Technology (February 10, 2012)). Similarly, SBA Industry Group and Subsector using the Value Added Resellers), and NAICS proposed common size standards for same method as described above. The 811212. Another example is the several other industries in NAICS Sector results are in Table 5, Size Standards common size standard for certain 48–49, Transportation and Warehousing Supported by Each Factor for NAICS Architectural, Engineering (A&E) and (see 76 FAR 27935 (May 13, 2011)), Subsectors 236 and 238, and Industry Related Services. These include NAICS NAICS Sector 56, Administrative and Group 2371, which immediately follows 541310, NAICS 541330 (excluding the Support, Waste Management and Table 4, Subsectors and Industry Groups ‘‘exceptions’’), Map Drafting (an Remediation Services (see 76 FR 63510 for Common Size Standards, below.

TABLE 4—SUBSECTORS AND INDUSTRY GROUPS FOR COMMON SIZE STANDARDS

NAICS Subsector or industry group code * NAICS Subsector or industry group title Industries: 6-digit NAICS codes

236 ...... Construction of Buildings ...... 236115, 236116, 236117, 236118, 236210, 236220. 2371 ...... Utility System Construction ...... 237110, 237120, 237130.

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TABLE 4—SUBSECTORS AND INDUSTRY GROUPS FOR COMMON SIZE STANDARDS—Continued

NAICS Subsector or industry group code * NAICS Subsector or industry group title Industries: 6-digit NAICS codes

238 ...... Specialty Trade Contractors ...... 238110, 238120, 238130, 238140, 238150, 238160, 238170, 238190, 238210, 238220, 238290, 238310, 238320, 238330, 238340, 238350, 238390, 238910, 238990. * Industries in these Subsectors and Industry Group currently have common size standards. SBA proposes to retain these standards.

TABLE 5—SIZE STANDARDS SUPPORTED BY EACH FACTOR FOR NAICS SUBSECTORS 236 AND 238, AND INDUSTRY GROUP 2371

Simple Weighted Four-firm Calculated NAICS Code/subsector or in- average average Average Four-firm average Gini Federal size stand- Current size dustry group title firm size firm size assets size ratio (%) size coeffi-cient contract ard standard ($ million) ($ million) ($ million) ($ million) factor (%) ($ million) ($million)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

236 Construction of Buildings $3.6 $141.1 $1.5 4.8 $9,010.7 0.846 ¥10.8 ...... 19.0 35.5 14.0 $30.0 $35.5 25.5 $33.5 2371 Utility System Construc- tion ...... 6.5 96.9 3.0 7.9 2,231.6 0.828 0.5 30.0 33.5 35.50 25.5 25.5 $30.0 238 Specialty Trade Contrac- tors ...... 1.5 27.0 0.5 1.6 2,807.0 0.721 ¥1.1 7.0 14.0 7.0 10.0 5.0 $10.0

Special Considerations: Dredging and different size standard for Dredging than Therefore, no size standard in NAICS Surface Cleanup Activities for other heavy construction activities in Sector 23, Construction, needs an NAICS 237990 continues to be adjustment based on this factor. The Dredging and Surface Cleanup appropriate. Table 3, Size Standards Proposed Changes to Size Standards Activities (Dredging) size standard is a Supported by Each Factor for Each sub-industry category (or an Industry (millions of dollars), above, Table 6, Summary of Size Standards ‘‘exception’’) established by SBA within shows the results from the analysis of Analysis, below, summarizes the results the 6-digit NAICS 237990 (Other Heavy the Dredging sub-industry, which of SBA analyses of industry specific size and Civil Engineering Construction). supported a $30 million size standard standards from Table 3, Size Standards Data from the Census Bureau’s special instead of the current $20 million. Supported by Each Factor for Each tabulation are limited to the 6-digit Industry (millions of dollars), above, NAICS industry level, and hence, do not Evaluation of SBA Loan Data and the results for common size provide separate data at the sub- standards from Table 5, Size Standards industry level. As such, SBA relied Before deciding on an industry’s size Supported by Each Factor for NAICS upon data from other sources to standard, SBA also considers the impact Subsectors 236 and 238, and Industry evaluate the current $20 million size of new or revised size standards on Group 2371, above. In terms of industry standard for Dredging. Firms engaged in SBA’s loan programs. Accordingly, SBA specific size standards, the results in the Dredging sub-industry were examined its 7(a) and 504 Loan Program Table 3, Size Standards Supported by identified from contracting activity data for fiscal years 2008–2010 to assess Each Factor for Each Industry (millions reported in FPDS–NG during fiscal whether the proposed size standards of dollars), might support increases in years 2008–2010. Dredging contracts need further adjustments to ensure size standards for five industries and can be identified as those classified credit opportunities for small businesses one sub-industry, decreases for 22 within NAICS 237990 and by four through those programs. For the industries and no changes for four Product Service Codes (PSCs): Y216 industries reviewed in this rule, the data industries. Based on common size (Construction of Dredging), Z216 show that it is mostly businesses much standards for certain NAICS Industry (Maintenance, Repair or Alteration of smaller than the current size standards Groups and Subsectors as explained Dredging), Y217 (Dredging, Incl. that use SBA’s 7(a) and 504 loans. earlier, the results in Table 5, Size Dustpan and Sea-Going Hoppers), and Standards Supported by Each Factor for Z217 (Dredging, Incl. Dustpan and Sea- Furthermore, the Jobs Act established Subsectors 236 and 238 and Industry Going Hoppers). SBA also looked at an alternative size standard for SBA’s Group 2371, above, appear to support Dredging contracting data from the 7(a) and 504 Loan Programs. increases in size standards for one Corps of Engineers’ Navigation Data Specifically, an applicant exceeding an industry and one sub-industry, Center (www.ndc.iwr.usace.army.mil/ NAICS industry size standard may still decreases for 28 industries and no dredge/dredge.htm) for the same period. be eligible if its maximum tangible net changes for two industries. SBA obtained receipts and employment worth does not exceed $15 million and However, SBA believes that lowering data from the Central Contractor its average net income after Federal small business size standards is not in Registration (CCR) for the identified income taxes (excluding any carry-over the best interest of small businesses in Dredging firms to develop the size losses) for the 2 full fiscal years before the current economic environment. The standards evaluation factors. Based on the date of the application is not more U.S. economy was in recession from the analysis of the resultant data, a than $5 million. December 2007 to June 2009, the longest

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and deepest of any recessions since 2012, unemployment data by industry Contracting Opportunities for Small World War II. The economy lost more and class of workers showed that Business; creates a better playing field than eight million non-farm jobs during construction workers experience the for small businesses; promotes small 2008–2009. In response, Congress worst unemployment rate of all business exporting, building on the passed and the President signed into industries at 12.8 percent. President’s National Export Initiative; law the American Recovery and Recently, Congress passed and the expands training and counseling; and Reinvestment Act of 2009 (Recovery President signed the Jobs Act to promote provides $12 billion in tax relief to help Act) to promote economic recovery and small business job creation. The Jobs small businesses invest in their firms to preserve and create jobs. Although Act puts more capital into the hands of and create jobs. A proposal to reduce the recession officially ended in June entrepreneurs and small business size standards will have an immediate 2009, the unemployment rate is still owners; strengthens small businesses’ impact on jobs, and it would be contrary high at 8.2 percent in June 2012 and is ability to compete for contracts; to the expressed will of the President forecast to remain around this level at includes recommendations from the least through the end of 2012. In June President’s Task Force on Federal and the Congress.

TABLE 6—SUMMARY OF SIZE STANDARDS ANALYSIS

Calculated Calculated Current industry common NAICS Code NAICS Industry title size standard specific size size ($ million) standard standard ($ million) ($ million)

236115 ...... New Single-Family Housing Construction (except Operative Builders) ..... $33.5 $14.0 $25.5 236116 ...... New Multifamily Housing Construction (except Operative Builders) ...... 33.5 35.5 25.5 236117 ...... New Housing Operative Builders ...... 33.5 35.5 25.5 236118 ...... Residential Remodelers ...... 33.5 14.0 25.5 236210 ...... Industrial Building Construction ...... 33.5 25.5 25.5 236220 ...... Commercial and Institutional Building Construction ...... 33.5 30.0 25.5 237110 ...... Water and Sewer Line and Related Structures Construction ...... 33.5 25.5 30.0 237120 ...... Oil and Gas Pipeline and Related Structures Construction ...... 33.5 35.5 30.0 237130 ...... Power and Communication Line and Related Structures Construction ..... 33.5 30.0 30.0 237210 ...... Land Subdivision ...... 7.0 25.5 ...... 237310 ...... Highway, Street and Bridge Construction ...... 33.5 30.0 ...... 237990 ...... Other Heavy and Civil Engineering Construction ...... 33.5 19.0 ...... Except, ...... Dredging and Surface Cleanup Activities ...... 20.0 30.0 ...... 238110 ...... Poured Concrete Foundation and Structure Contractors ...... 14.0 14.0 7.0 238120 ...... Structural Steel and Precast Concrete Contractors ...... 14.0 14.0 7.0 238130 ...... Framing Contractors ...... 14.0 5.0 7.0 238140 ...... Masonry Contractors ...... 14.0 5.0 7.0 238150 ...... Glass and Glazing Contractors ...... 14.0 7.0 7.0 238160 ...... Roofing Contractors ...... 14.0 5.0 7.0 238170 ...... Siding Contractors ...... 14.0 5.0 7.0 238190 ...... Other Foundation, Structure, and Building Exterior Contractors ...... 14.0 10.0 7.0 238210 ...... Electrical Contractors and Other Wiring Installation Contractors ...... 14.0 10.0 7.0 238220 ...... Plumbing, Heating, and Air-Conditioning Contractors ...... 14.0 7.0 7.0 238290 ...... Other Building Equipment Contractors ...... 14.0 19.0 7.0 238310 ...... Drywall and Insulation Contractors ...... 14.0 14.0 7.0 238320 ...... Painting and Wall Covering Contractors ...... 14.0 5.0 7.0 238330 ...... Flooring Contractors ...... 14.0 7.0 7.0 238340 ...... Tile and Terrazzo Contractors ...... 14.0 5.0 7.0 238350 ...... Finish Carpentry Contractors ...... 14.0 5.0 7.0 238390 ...... Other Building Finishing Contractors ...... 14.0 5.0 7.0 238910 ...... Site Preparation Contractors ...... 14.0 14.0 7.0 238990 ...... All Other Specialty Trade Contractors ...... 14.0 10.0 7.0

Lowering size standards would currently eligible small firms from those especially under current economic decrease the number of firms that programs and benefits. In NAICS Sector conditions, would not preserve or create participate in Federal financial and 23, more than 7,000 businesses would more jobs; rather, it would have the procurement assistance programs for lose their small business eligibility if opposite effect. Therefore, in this small businesses. It would also affect size standards were lowered based proposed rule, SBA does not intend to small businesses that are now exempt solely on results from industry specific reduce size standards for any industries. from or receive some form of relief from analysis. Similarly, more than 10,000 For industries where analyses might myriad other Federal regulations that businesses would lose small business seem to support lowering size use SBA’s size standards. That impact eligibility if size standards were lowered standards, SBA proposes to retain the could take the form of increased fees, based solely on results from common current size standards. paperwork, or other compliance size standards analysis. That would run Furthermore, as stated previously, the requirements for small businesses. counter to what SBA and the Federal Small Business Act requires the Furthermore, size standards based government are doing to help small Administrator to ‘‘* * * consider other solely on analytical results without any businesses. Reducing size eligibility for factors deemed to be relevant * * *’’ to other considerations can cut off Federal procurement opportunities, establishing small business size

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standards. The current economic size standards reflect the Federal suggested lowering them is consistent conditions and the impact on job marketplace in those industries better with SBA’s prior actions for NAICS creation are quite relevant factors when than different size standards for each Sector 44–45 (Retail Trade), NAICS establishing small business size industry. Sector 72 (Accommodation and Food standards. SBA nevertheless invites For industries where both industry Services), and NAICS Sector 81 (Other comments and suggestions on whether specific size standards and common size Services) that the Agency proposed (74 it should lower size standards as standards have been calculated, for the FR 53924, 74 FR 53913, and 74 FR suggested by analyses of industry and above reasons, SBA proposes to apply 53941, October 21, 2009) and adopted in common size standards. For industries program data or retain the current its final rules (75 FR 61597, 75 FR standards for those industries in view of and one sub-industry (Dredging) where 61604, and 75 FR 61591, October 6, current economic conditions. SBA has not estimated common size Based on comparisons between standards it proposes to apply industry 2010). It is also consistent with the industry specific size standards and specific size standards. As discussed Agency’s recently issued proposed rule common size standards within each above, lowering small business size (76 FR 14323 (March 16, 2011)) and Industry Group or Subsector, SBA finds standards is inconsistent with what the final rule (77 FR 7490 (February 10, that for several industries, as shown in Federal government is doing to 2012)) for NAICS Sector 54, Table 4, Subsectors and Industry Groups stimulate the economy and would Professional, Scientific and Technical for Common Size Standards, above, discourage job growth for which Services, NAICS Sector 48–49, common size standards are more Congress established the Recovery Act Transportation and Warehousing (76 FR appropriate for several reasons. First, and Jobs Act. In addition, it would be 27935 (May 13, 2011)), NAICS Sector analyzing industries at the more inconsistent with the Small Business 51, Information (76 FR 63216 (October aggregated Industry Group or Subsector Act requiring the Administrator to 12, 2011)), NAICS Sector 56, levels simplifies size standards analysis, establish size standards based on Administrative and Support, Waste and the results will be more consistent industry analysis and other relevant Management and Remediation Services among related industries. Second, in factors such as current economic (76 FR 63510 (October 12, 2011)), NAICS Sector 23, industries within each conditions. Thus, SBA proposes to NAICS Sector 61, Educational Services Industry Group or Subsector currently increase size standards for one industry (76 FR 70667 (November 15, 2011)), and have the same size standards and SBA and one sub-industry in NAICS Sector NAICS Sector 53, Real Estate and Rental believes it is better to keep the revised 23 and retain the current size standards and Leasing (76 FR 70680 (November size standards also same unless for all other industries in that Sector. 15, 2011)). In each of those final and industries are significantly different. The SBA’s proposed increases are in proposed rules, SBA opted not to reduce Third, within each Industry Group or Table 7, Summary of Proposed Size small business size standards, for the Subsector many of the same businesses Standards Revisions, (below). tend to operate in the same multiple In addition, retaining current same reasons it has provided above in industries. SBA believes that common standards when the analytical results this proposed rule.

TABLE 7—SUMMARY OF PROPOSED SIZE STANDARDS REVISIONS

Current Proposed NAICS code NAICS Industry title size standard size standard ($ million) ($ million)

237210 ...... Land Subdivision ...... $7.0 $25.5 237990 Except ...... Dredging and Surface Cleanup Activities ...... $20.0 $30.0

Evaluation of Dominance in Field of 1. To simplify size standards, SBA industries and what that employee level Operation proposes eight fixed levels for receipts should be. SBA has determined that for the based size standards: $5 million, $7 3. SBA proposes common size industries in NAICS Sector 23, million, $10 million, $14 million, $19 standards for industries within NAICS Construction, for which it has proposed million, $25.5 million, $30 million, and Subsectors 236 and 238, and NAICS to increase size standards, no individual $35.5 million. SBA invites comments on Industry Group 2371 (Utility System firm at or below the proposed size whether this is necessary and whether Construction). SBA invites comments or standard will be large enough to the proposed fixed size levels are suggestions along with supporting dominate its field of operation. At the appropriate. SBA welcomes suggestions information with respect to the proposed individual size standards, if on alternative approaches to simplifying following: adopted, the small business share of small business size standards. a. Whether SBA should adopt total industry receipts among those 2. SBA seeks feedback on whether common size standards for those industries is, on average, 0.1 percent, SBA’s proposal to increase two size industries or establish a separate size varying from 0.01 percent to 0.3 percent. standards and retain the remaining 30 standard for each industry; and These market shares effectively size standards in NAICS Sector 23 is b. Whether the proposed common size preclude a firm at or below the appropriate given the economic standards for those industries are at the proposed size standards from exerting characteristics of each industry correct levels or what would be more control on any of the industries. reviewed in this proposed rule. SBA appropriate if what SBA has proposed also seeks feedback and suggestions on are not appropriate. Request for Comments alternative standards, if they would be 4. SBA’s proposed size standards are SBA invites public comments on this more appropriate, including whether based on five primary factors—average proposed rule, especially on the the number of employees is a more firm size, average assets size (as a proxy following issues: suitable measure of size for certain of startup costs and entry barriers), four-

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firm concentration ratio, distribution of retain the current 40 percent equipment and indirect costs associated with the firms by size, and the total share and requirement; (2) whether the 40 percent contracts, the use of mandatory sources small business share of Federal equipment requirement should be of supply for products and services, and contracting dollars of the evaluated revised, and if so, the rationale for an the degree to which contractors can industries. SBA welcomes comments on alternative percentage; and (3) whether mark up those costs. these factors and/or suggestions of other a different and more verifiable Compliance With Executive Orders factors that it should consider when requirement based on an alternative 12866, 13563, 12988, and 13132, the evaluating or revising size standards. measure (such as value of contract or Paperwork Reduction Act (44 U.S.C. SBA also seeks information on relevant personnel involved) may achieve the Ch. 35) and the Regulatory Flexibility data sources, other than what it uses, if same objective of ensuring that small Act (5 U.S.C. 601–612) available. businesses perform significant and 5. SBA gives equal weight to each of meaningful work on Dredging contracts. Executive Order 12866 the five primary factors in all industries. 8. For analyzing the dredging size The Office of Management and Budget SBA seeks feedback on whether it standard, a sub-industry (‘‘exception’’) (OMB) has determined that this should continue giving equal weight to within NAICS 237990, SBA used PSCs proposed rule is a ‘‘significant’’ each factor or whether it should give within NAICS 237990 to identify regulatory action for purposes of more weight to one or more factors for contracting activity reported in FPDS– Executive Order 12866. Accordingly, certain industries. Recommendations to NG, and firms in the dredging sub- the next section contains SBA’s weigh some factors more than others industry during fiscal years 2008–2010. Regulatory Impact Analysis. This is not should include suggested weights for Using the receipts and employment data a ‘‘major’’ rule, however, under the each factor along with supporting for those identified firms from CCR, Congressional Review Act, 5 U.S.C. 800. information. SBA analyzed the industry factors for 6. For NAICS 237210, Land this sub-industry. SBA seeks Regulatory Impact Analysis Subdivision, based on its analysis of suggestions or comments on the use of 1. Is there a need for the regulatory industry and program data alone, SBA the data sources and the proposed size action? proposes to increase the existing size standard. standards by a large amount, while it 9. SBA is also interested in comments SBA believes that proposed size proposes to retain the current size on the elimination of the sub-industry standards revisions in NAICS Sector 23, standards for most other industries in category for Dredging, and the Construction, will better reflect the NAICS Sector 23. SBA seeks feedback application of the same size standard as economic characteristics of small on whether, as a policy, it should limit for the rest of the NAICS 237990. businesses in this Sector and the the increase to a size standard or Comments on applying the same NAICS Federal government marketplace. SBA’s establish minimum or maximum values 237990 size standard for Dredging mission is to aid and assist small for its size standards. SBA seeks should address the basis for why that businesses through a variety of suggestions on appropriate levels of industry size standard is more suitable financial, procurement, business changes to size standards and on their than a specific dredging sub-industry development, and advocacy programs. minimum or maximum levels. size standard or why dredging firms To determine the intended beneficiaries 7. In addition to comments on its should continue to be evaluated as a of these programs, SBA must establish proposal to increase the size standard discrete sub-industry for SBA’s size distinct definitions of which businesses for Dredging and Surface Cleanup standards purposes. are deemed small businesses. The Small Activities from current $20 million to 10. For analytical simplicity and Business Act (15 U.S.C. 632(a)) $30 million, SBA also seeks comments efficiency, in this proposed rule, SBA delegates to SBA’s Administrator the regarding the requirement for a dredging has refined its size standard responsibility for establishing small concern to qualify as small on a Federal methodology to obtain a single value as business size definitions. The Act also procurement that it must perform at a proposed size standard instead of a requires that small business definitions least 40 percent of the volume dredged range of values, as in its past size vary to reflect industry differences. The with its own equipment or equipment regulations. SBA welcomes any recently enacted Jobs Act also requires owned by another small dredging comments on this procedure and SBA to review all size standards and concern (see Footnote 2 in 13 CFR suggestions on alternative methods. make necessary adjustments to reflect 121.201). This requirement has been in Public comments on the above issues market conditions. The supplementary SBA’s small business size regulations are very valuable to SBA for validating information section of this proposed since 1974 (see 30 FR 24669, July 5, its size standard methodology and its rule explains SBA’s methodology for 1974 and 39 FR 31302, August 28, proposed size standards revisions in analyzing a size standard for a particular 1974). This proposed rule retains the this proposed rule. This will help SBA industry. requirement set forth in Footnote 2 in to move forward with its review of size order to ensure that small Dredging standards for other NAICS Sectors. 2. What are the potential benefits and firms perform a significant and Commenters addressing size standards costs of this regulatory action? meaningful portion of a Dredging for a specific industry or a group of The most significant benefit to project set aside for small business. industries should include relevant data businesses obtaining small business However, SBA has heard from small and/or other information supporting status because of this rule is gaining dredging firms that believe they should their comments. If comments relate to eligibility for Federal small business be able to lease equipment from any size using size standards for Federal assistance programs. These include firm as long as employees from the procurement programs, SBA suggests SBA’s financial assistance programs, small firm perform the work on the that commenters provide information on economic injury disaster loans, and contract. SBA specifically request the size of contracts in their industries, Federal procurement programs intended comments as to whether the footnote is the size of businesses that can undertake for small businesses. Federal necessary. Comments pertaining to this the contracts, start-up costs, equipment procurement programs provide targeted requirement should address: (1) and other asset requirements, the opportunities for small businesses Whether there continues to be a need to amount of subcontracting, other direct under SBA’s business development

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programs, such as 8(a), Small about $0.5 million to $1 million in offers. However, the additional costs Disadvantaged Businesses (SDB), small Federal loan guarantees could be made associated with fewer bidders are businesses located in Historically to these newly defined small businesses expected to be minor since, by law, Underutilized Business Zones under the proposed standards. procurements may be set aside for small (HUBZone), women-owned small Increasing the size standards will likely businesses or reserved for the 8(a), businesses (WOSB), and service- result in more small business HUBZone, WOSB, or SDVO SBC disabled veteran-owned small business guaranteed loans to businesses in these Programs only if awards are expected to concerns (SDVO SBC). Federal agencies industries, but it is be impractical to try be made at fair and reasonable prices. In may also use SBA’s size standards for a to estimate exactly the number and total addition, there may be higher costs variety of other regulatory and program amount of loans. There are two reasons when more full and open contracts are purposes. These programs assist small for this: (1) Under the Jobs Act, SBA can awarded to HUBZone businesses that businesses to become more now guarantee substantially larger loans receive price evaluation preferences. knowledgeable, stable, and competitive. than in the past; and, (2) as described The proposed size standards SBA estimates that in one industry and above, the Jobs Act established an revisions, if adopted, may have some one sub-industry for which SBA has alternative size standard ($15 million in distributional effects among large and proposed to increase size standards tangible net worth and $5 million in net small businesses. Although SBA cannot more than 400 firms in NAICS 23, not income after income taxes) for business estimate with certainty the actual small under the existing size standards, concerns that do not meet the size outcome of the gains and losses among will become small under the proposed standards for their industry. Therefore, small and large businesses, it can size standards and therefore become SBA finds it difficult to quantify the identify several probable impacts. There eligible for these programs. That is actual impact of these proposed size may be a transfer of some Federal about 0.1 percent of all firms classified standards on its 7(a) and 504 Loan contracts to small businesses from large as small under the current size Programs. businesses. Large businesses may have standards in NAICS Sector 23. If Newly defined small businesses will fewer Federal contract opportunities as adopted as proposed, this will increase also benefit from SBA’s Economic Injury Federal agencies decide to set aside the small business share of total receipts Disaster Loan (EIDL) Program. Since this more Federal contracts for small in all industries within NAICS Sector 23 program is contingent on the occurrence businesses. In addition, some Federal from about 49.7 percent to 50 percent. and severity of a disaster, SBA cannot contracts may be awarded to HUBZone In addition, as stated above, there will make a meaningful estimate of this concerns instead of large businesses impact. be reduced fees, less paperwork, and since these firms may be eligible for a To the extent that those 400 newly fewer compliance requirements for more price evaluation preference for contracts defined additional small firms could businesses. when they compete on a full and open Three groups will benefit from the become active in Federal procurement basis. proposed size standards revisions in programs, the proposed changes, if this rule, if they are adopted as adopted, may entail some additional Similarly, currently defined small proposed: (1) Some businesses that are administrative costs to the government businesses may obtain fewer Federal above the current size standards may associated with there being more contracts due to the increased gain small business status under the bidders on small business procurement competition from more businesses higher size standards, thereby enabling opportunities. In addition, there will be defined as small. This transfer may be them to participate in Federal small more firms seeking SBA’s guaranteed offset by a greater number of Federal business assistance programs; (2) loans, more firms eligible for enrollment procurements set aside for all small growing small businesses that are close in the Central Contractor Registration businesses. The number of newly to exceeding the current size standards (CCR)’s Dynamic Small Business Search defined and expanding small businesses will be able to retain their small database, and more firms seeking that are willing and able to sell to the business status under the higher size certification as 8(a) or HUBZone firms Federal Government will limit the standards, thereby enabling them to or qualifying for small business, WOSB, potential transfer of contracts from large continue their participation in the SDVO SBC, and SDB status. Among and currently defined small businesses. programs; and (3) Federal agencies will those newly defined small businesses SBA cannot estimate the potential have a larger pool of small businesses seeking SBA assistance, there could be distributional impacts of these transfers from which to draw for their small some additional costs associated with with any degree of precision. The business procurement programs. compliance and verification of small proposed revisions to the existing size SBA estimates that firms gaining business status and protests of small standards for one industry and one-sub- small business status under the business status. SBA believes that these industry in NAICS Sector 23, proposed size standards could receive added administrative costs will be Construction, are consistent with SBA’s Federal contracts totaling $17 million to minimal because mechanisms are statutory mandate to assist small $20 million annually under SBA’s small already in place to handle these business. This regulatory action business, 8(a), SDB, HUBZone, WOSB, requirements. promotes the Administration’s and SDVO SBC Programs, and other Additionally, Federal government objectives. One of SBA’s goals in unrestricted procurements. The added contracts may have higher costs. With a support of the Administration’s competition for many of these greater number of businesses defined as objectives is to help individual small procurements can also result in lower small, Federal agencies may choose to businesses succeed through fair and prices to the Government for set aside more contracts for competition equitable access to capital and credit, procurements reserved for small among small businesses rather than Government contracts, and management businesses, but SBA cannot quantify using full and open competition. The and technical assistance. Reviewing and this benefit. movement from unrestricted to small modifying size standards, when Under SBA’s 7(a) and 504 Loan business set-aside contracting might appropriate, ensures that intended Programs, based on the fiscal years result in competition among fewer total beneficiaries have access to small 2008–2010 data, SBA estimates about bidders, although there will be more business programs designed to assist up to five additional loans totaling small businesses eligible to submit them.

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Executive Order 13563 conduct a detailed review of all size will allow the Agency to accomplish its A description of the need for this standards and to make appropriate regulatory objectives while minimizing regulatory action and benefits and costs adjustments to reflect market the impact on small businesses? conditions. Specifically, the Jobs Act associated with this action including 1. What are the need for and objective possible distributional impacts that requires SBA to conduct a detailed of the rule? relate to Executive Order 13563 is review of at least one-third of all size standards during every 18 month period Changes in industry structure, included above in the Regulatory Impact technological changes, productivity Analysis under Executive Order 12866. from the date of its enactment and do a complete review of all size standards growth, mergers and acquisitions, and In an effort to engage interested updated industry definitions have parties in this action, SBA has presented not less frequently than once every 5 years thereafter. changed the structure of many its size standards methodology industries in NAICS Sector 23. Such (discussed above under Supplementary Executive Order 12988 changes can be sufficient to support Information) to various industry This action meets applicable revisions to current size standards for associations and trade groups. SBA also standards set forth in Sections 3(a) and some industries. Based on the analysis met with a number of industry groups 3(b)(2) of Executive Order 12988, Civil of the latest data available, SBA believes to get their feedback on its methodology Justice Reform, to minimize litigation, that the revised standards in this and other size standards issues. In eliminate ambiguity, and reduce proposed rule more appropriately reflect addition, SBA presented its size burden. The action does not have the size of businesses that need Federal standards methodology to businesses in retroactive or preemptive effect. assistance. The recently enacted Jobs 13 cities in the U.S. and sought their Act also requires SBA to review all size input as part of Jobs Act tours. The Executive Order 13132 standards and make necessary presentation also included information For purposes of Executive Order adjustments to reflect market on the latest status of the 13132, SBA has determined that this conditions. comprehensive size standards review proposed rule will not have substantial, 2. What are SBA’s description and and on how interested parties can direct effects on the States, on the provide SBA with input and feedback estimate of the number of small relationship between the national businesses to which the rule will apply? on size standards review. government and the States, or on the Additionally, SBA sent letters to the distribution of power and If the proposed rule is adopted in its Directors of the Offices of Small and responsibilities among the various present form, SBA estimates that more Disadvantaged Business Utilization levels of government. Therefore, SBA than 400 additional firms will become (OSDBU) at several Federal agencies has determined that this proposed rule small because of increased size with considerable procurement has no federalism implications standards one industry and one sub- responsibilities requesting their warranting preparation of a federalism industry in NAICS Sector 23. That feedback on how the agencies use SBA’s assessment. represents 0.1 percent of total firms that size standards and whether current size are small under current size standards standards meet their programmatic Paperwork Reduction Act in all industries within that Sector. This needs (both procurement and non- For the purpose of the Paperwork will result in an increase in the small procurement). SBA gave appropriate Reduction Act, 44 U.S.C. Ch. 35, SBA business share of total industry receipts consideration to all input, suggestions, has determined that this rule will not for the Sector from 49.7 percent under recommendations, and relevant impose any new reporting or record the current size standards to 50 percent information obtained from industry keeping requirements. under the proposed size standards. The groups, individual businesses, and proposed size standards, if adopted, will Federal agencies in preparing this Initial Regulatory Flexibility Analysis enable more small businesses to retain proposed rule. Under the Regulatory Flexibility Act their small business status for a longer The review of size standards in (RFA), this proposed rule, if adopted, period. Many firms may have lost their NAICS Sector 23, Construction, is may have a significant impact on a eligibility and find it difficult to consistent with Executive Order 13563, substantial number of small businesses compete at current size standards with Sec 6, calling for retrospective analyses in NAICS Sector 23, Construction. As companies that are significantly larger of existing rules. The last described above, this rule may affect than they are. SBA believes the comprehensive review of size standards small businesses seeking Federal competitive impact will be positive for occurred during the late 1970s and early contracts, loans under SBA’s 7(a), 504 existing small businesses and for those 1980s. Since then, except for periodic and Economic Injury Disaster Loan that exceed the size standards but are on adjustments for monetary based size Programs, and assistance under other the very low end of those that are not standards, most reviews of size Federal small business programs. small. They might otherwise be called standards were limited to a few specific Immediately below, SBA sets forth an or referred to as mid-sized businesses, industries in response to requests from initial regulatory flexibility analysis although SBA only defines what is the public and Federal agencies. SBA (IRFA) of this proposed rule addressing small; other entities are other than recognizes that changes in industry the following questions: (1) What are the small. structure and the Federal marketplace need for and objective of the rule?; (2) over time have rendered existing size What are SBA’s description and 3. What are the projected reporting, standards for some industries no longer estimate of the number of small record keeping and other compliance supportable by current data. businesses to which the rule will requirements of the rule? Accordingly, in 2007, SBA began a apply?; (3) What are the projected The proposed size standard changes comprehensive review of its size reporting, recordkeeping, and other impose no additional reporting or standards to ensure that existing size compliance requirements of the rule?; record keeping requirements on small standards have supportable bases and to (4) What are the relevant Federal rules businesses. However, qualifying for revise them when necessary. In that may duplicate, overlap, or conflict Federal procurement and a number of addition, the Jobs Act requires SBA to with the rule?; and (5) What alternatives other programs requires that businesses

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register in the CCR database and certify (November 24, 1995)). SBA is not aware List of Subjects in 13 CFR Part 121 in the Online Representations and of any Federal rule that would duplicate Certifications Application (ORCA) that or conflict with establishing size Administrative practice and they are small at least once annually. standards. procedure, Government procurement, Therefore, businesses opting to However, the Small Business Act and Government property, Grant programs— participate in those programs must SBA’s regulations allow Federal business, Individuals with disabilities, comply with CCR and ORCA agencies to develop different size Loan programs—business, Reporting requirements. There are no costs standards if they believe that SBA’s size and recordkeeping requirements, Small associated with either CCR registration standards are not appropriate for their businesses. or ORCA certification. Changing size programs, with the approval of SBA’s For the reasons set forth in the standards alters the access to SBA’s Administrator (13 CFR 121.903). The preamble, SBA proposes to amend part programs that assist small businesses, Regulatory Flexibility Act authorizes an 13 CFR part 121 as follows: but does not impose a regulatory burden Agency to establish an alternative small because they neither regulate nor business definition, after consultation PART 121—SMALL BUSINESS SIZE control business behavior. with the Office of Advocacy of the U.S. REGULATIONS Small Business Administration (5 U.S.C. 4. What are the relevant Federal rules, 601(3)). which may duplicate, overlap or 1. The authority citation for part 121 conflict with the rule? 5. What alternatives will allow the continues to read as follows: Under § 3(a)(2)(C) of the Small Agency to accomplish its regulatory Authority: 15 U.S.C. 632, 634(b)(6), 662, Business Act, 15 U.S.C. 632(a)(2)(c), objectives while minimizing the impact and 694a(9). on small entities? Federal agencies must use SBA’s size 2. In § 121.201, in the table, revise the standards to define a small business, By law, SBA is required to develop entries for ‘‘237210’’, and ‘‘Except’’ unless specifically authorized by statute numerical size standards for under entry ‘‘237990’’, to read as to do otherwise. In 1995, SBA published establishing eligibility for Federal small follows: in the Federal Register a list of statutory business assistance programs. Other and regulatory size standards that than varying size standards by industry § 121.201 What size standards has SBA identified the application of SBA’s size and changing the size measures, no identified by North American Industry standards as well as other size standards practical alternative exists to the Classification System codes? used by Federal agencies (60 FR 57988 systems of numerical size standards. * * * * *

SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards Size standards NAICS NAICS U.S. Industry title in millions of in number of Codes dollars employees

******* 237210 Land Subdivision...... $25.5

******* Except, Dredging and Surface Cleanup Activities 2 ...... 2 30.0

******* ******* 2 NAICS code 237990—Dredging: To be considered small for purposes of Government procurement, a firm must perform at least 40 percent of the volume dredged with its own equipment or equipment owned by another small dredging concern.

* * * * * SUMMARY: The U.S. Small Business available on its Web site at Dated: February 28, 2012. Administration (SBA) proposes to www.sba.gov/size for public review and Karen G. Mills, increase the small business size comments. The ‘‘Size Standards Administrator. standards for 17 industries in North Methodology’’ White Paper explains American Industry Classification how SBA establishes, reviews and [FR Doc. 2012–17440 Filed 7–17–12; 8:45 am] System (NAICS) Sector 71, Arts, modifies its receipts based and BILLING CODE 8025–01–P Entertainment, and Recreation. As part employee based small business size of its ongoing comprehensive review of standards. In this proposed rule, SBA SMALL BUSINESS ADMINISTRATION all size standards, SBA has evaluated all has applied its methodology that size standards in NAICS Sector 71 to pertains to establishing, reviewing and 13 CFR Part 121 determine whether the existing size modifying a receipts based size standards should be retained or revised. standard. RIN 3245–AG36 This proposed rule is one of a series of proposed rules that examines size DATES: SBA must receive comments to Small Business Size Standards: Arts, standards of industries grouped by this proposed rule on or before Entertainment, and Recreation NAICS Sector. SBA issued a White September 17, 2012. AGENCY: U.S. Small Business Paper entitled ‘‘Size Standards ADDRESSES: You may submit comments, Administration. Methodology’’ and published a notice in identified by RIN 3245–AF36, by one of the October 21, 2009 issue of the ACTION: Proposed rule. the following methods: (1) Federal Federal Register that the document is

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eRulemaking Portal: all size standards was during the late Size Standards Methodology www.regulations.gov; follow the 1970s and early 1980s. Since then, most SBA has recently developed a ‘‘Size instructions for submitting comments; reviews of size standards were limited Standards Methodology’’ for or (2) Mail/Hand Delivery/Courier: to a few specific industries in response establishing, reviewing and modifying Khem R. Sharma, Ph.D., Chief, Size to requests from the public and Federal size standards when necessary. SBA has Standards Division, 409 Third Street, agencies. SBA also makes periodic published this document on its Web site SW., Mail Code 6530, Washington, DC inflation adjustments to its monetary at www.sba.gov/size for public review 20416. SBA will not accept comments based size standards. The SBA’s latest and comments and also included it, as submitted by email. inflation adjustment to size standards a supporting document, in the SBA will post all comments to this was published in the Federal Register electronic docket of this proposed rule proposed rule on www.regulations.gov. on July 18, 2008 (73 FR 41237). at www.regulations.gov. SBA does not If you wish to submit confidential apply every feature of its methodology business information (CBI) as defined in Because of changes in the Federal to every size standard evaluation the User Notice at www.regulations.gov, marketplace and industry structure because not all features are appropriate you must submit such information to since the last overall review, SBA for every industry. For example, since U.S. Small Business Administration, recognizes that current data may no all industries in NAICS Sector 71 have Khem R. Sharma, Ph.D., Chief, Size longer support some of its existing size receipts based size standards, the Standards Division, 409 Third Street, standards. Accordingly, in 2007, SBA methodology described in this proposed SW., Mail Code 6530, Washington, DC began a comprehensive review of all rule applies to establishing receipts 20416, or send an email to size standards to determine if they are based standards. However, the [email protected]. Highlight the consistent with current data, and to methodology is made available in its information that you consider to be CBI adjust them when necessary. In entirety for parties who are interested in and explain why you believe SBA addition, on September 27, 2010, the SBA’s overall approach to establishing, should hold this information as President of the United States signed the evaluating, and modifying small confidential. The SBA will review your Small Business Jobs Act of 2010 (Jobs business size standards. SBA always information and determine whether it Act). The Jobs Act directs SBA to explains its analysis in individual will make the information public. conduct a detailed review of all size standards and to make appropriate proposed and final rules relating to size FOR FURTHER INFORMATION CONTACT: standards for specific industries. Jorge Laboy-Bruno, Economist, Size adjustments to reflect market conditions. Specifically, the Jobs Act SBA welcomes comments from the Standards Division, (202) 205–6618 or public on a number of issues concerning [email protected]. requires SBA to review at least one-third of all size standards during every 18- its ‘‘Size Standards Methodology,’’ such SUPPLEMENTARY INFORMATION: To month period from the date of its as suggestions on alternative approaches determine eligibility for Federal small enactment and do a complete review of to establishing and modifying size business assistance, SBA establishes all size standards not less frequently standards; whether there are alternative small business definitions (referred to as than once every 5 years thereafter. or additional factors that SBA should size standards) for private sector Reviewing existing small business size consider; whether SBA’s approach to industries in the United States. SBA standards and making appropriate small business size standards makes uses two primary measures of business adjustments based on current data are sense in the current economic size—average annual receipts and also consistent with Executive Order environment; whether SBA’s use of average number of employees. SBA uses 13563 on improving regulation and anchor size standards is appropriate in financial assets, electric output, and regulatory review. the current economy; whether there are refining capacity to measure the size of gaps in SBA’s methodology because of a few specialized industries. In Rather than review all size standards the lack of comprehensive data; and addition, SBA’s Small Business at one time, SBA is reviewing a group whether there are other facts or issues Investment Company (SBIC), Certified of industries within an NAICS Sector. that SBA should consider. Comments on Development Company (504) and 7(a) An NAICS Sector generally consists of the SBA’s methodology should be Loan Programs use either the industry 25 to 75 industries, except for the submitted via: (1) the Federal based size standards or net worth and manufacturing sector, which has eRulemaking Portal: net income based alternative size considerably more industries. Once SBA www.regulations.gov; the docket standards to determine eligibility for completes its review of size standards number is SBA–2009–0008; follow the those programs. At the start of the for industries in an NAICS Sector, it instructions for submitting comments; current comprehensive size standards will issue a proposed rule to revise size or (2) Mail/Hand Delivery/Courier: review, there were 41 different size standards for those industries for which Khem R. Sharma, Ph.D., Chief, Size standards covering 1,141 NAICS currently available data and other Standards Division, 409 Third Street industries and 18 sub-industry activities relevant factors support doing so. SW., Mail Code 6530, Washington, DC (‘‘exceptions’’ in SBA’s Table of size Below is a discussion of SBA’s size 20416. As with comments received to standards). Thirty-one of these size standards methodology for establishing this and other proposed rules, SBA will standards were based on average annual receipts based size standards, which post all comments on its methodology receipts, seven were based on average SBA applied to this proposed rule, on www.regulations.gov. As of July 18, number of employees, and three were including analyses of industry structure, 2012, SBA has received 13 comments to based on other measures. Federal procurement trends and other its ‘‘Size Standards Methodology.’’ The Over the years, SBA has received factors for industries reviewed in this comments are available to the public at comments that its size standards have proposed rule, the impact of the www.regulations.gov. SBA continues to not kept up with changes in the proposed revisions to size standards on welcome comments on its methodology economy, in particular the changes in Federal small business assistance, and from interested parties. the Federal contracting marketplace and the evaluation of whether a revised size Congress granted discretion to SBA’s industry structure. The last time SBA standard would exclude dominant firms Administrator to establish detailed conducted a comprehensive review of from being considered small. small business size standards. 15 U.S.C.

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632(a)(2). Section 3(a)(3) of the Small today at $7 million. Since 1986, SBA would be an unreasonably high size Business Act (15 U.S.C. 632(a)(3)) has set 100 employees as the size standard for the industry. requires that ‘‘* * * the [SBA] standard for all industries in the If the specific industry’s Administrator shall ensure that the size Wholesale Trade Sector for SBA’s characteristics are significantly higher standard varies from industry to financial assistance programs. However, than those of the anchor comparison industry to the extent necessary to NAICS codes for Wholesale Trade group, a size standard higher than the reflect the differing characteristics of the Industries (NAICS Sector 42) and their anchor size standard may be various industries and consider other 100 employee size standards for the appropriate. The larger the differences factors deemed to be relevant by the Wholesale Trade Sector do not apply to are between the characteristics of the Administrator.’’ Accordingly, the Federal procurement programs. Rather, industry under review and those of the economic structure of an industry serves for Federal procurement purposes the anchor comparison group, the larger as the underlying basis for developing size standard is 500 employees for all will be the difference between the and modifying small business size industries in Wholesale Trade (NAICS appropriate industry size standard and standards. SBA identifies the small Sector 42), and for all industries in the anchor size standard. To determine business segment of an industry by Retail Trade (NAICS Sector 44–45) a size standard above the anchor size examining data on the economic under the SBA’s nonmanufacturer rule standard, SBA analyzes the characteristics defining the industry (13 CFR 121.406(b)). characteristics of a second comparison structure itself (as described below). In These long-standing anchor size group. For industries with receipts addition to the analysis of an industry’s standards have stood the test of time based size standards, including those in structure, SBA also considers current and gained legitimacy through practice NAICS Sector 71 that are reviewed in economic conditions, together with its and general public acceptance. An this proposed rule, SBA has developed own mission, program objectives, and anchor size standard is neither a a second comparison group consisting the Administration’s current policies, minimum nor a maximum. It is a of industries with the highest levels of suggestions from industry groups and common size standard for a large receipts based size standards. To Federal agencies, and public comments number of industries that have similar determine the level of a size standard on the proposed rule, when it economic characteristics and serves as a above the anchor size standard, SBA establishes small business size reference point in evaluating size analyzes the characteristics of this standards. SBA also examines whether standards for individual industries. SBA second comparison group. The size standards for this group of industries a size standard based on industry and uses the anchor in lieu of trying to range from $23 million to $35.5 million other relevant data successfully exclude establish precise small business size in average annual receipts, with the businesses that are dominant in the standards for each industry. Otherwise, weighted average size standard for the industry. theoretically, the number of size This proposed rule includes group being $29 million. SBA refers to standards might be as high as the information regarding the factors SBA this comparison group as the ‘‘higher number of industries for which SBA evaluated and the criteria the Agency level receipts based size standard establishes size standards (1,141). used to propose any adjustments to size group.’’ Furthermore, the data SBA analyzes are standards in NAICS Sector 71. It also The primary factors that SBA static, but the U.S. economy is not. explains why SBA has proposed to evaluates when analyzing the structural Hence, absolute precision is impossible. adjust some size standards in NAICS characteristics of an industry include Sector 71 but not others. This proposed Therefore, SBA presumes an anchor size average firm size, startup costs and rule affords the public an opportunity to standard is appropriate for a particular entry barriers, industry competition, review and comment on SBA’s industry unless that industry displays and distribution of firms by size. SBA proposals to revise size standards in economic characteristics that are also evaluates, as an additional primary NAICS Sector 71 as well as on the data considerably different from others with factor, the possible impact that revising and methodology it uses to evaluate and the same anchor size standard. size standards might have on Federal revise a size standard. When evaluating a size standard, SBA contracting assistance to small compares the economic characteristics businesses. These are, generally, the five Industry Analysis of the specific industry under review to most important factors SBA examines For the current comprehensive size the average characteristics of industries when establishing or revising a size standards review, SBA has established with one of the three anchor size standard for an industry. However, SBA three ‘‘base’’ or ‘‘anchor’’ size standards (referred to as the ‘‘anchor will also consider and evaluate other standards—$7.0 million in average comparison group’’). This allows SBA to information that it believes is relevant to annual receipts for industries that have assess the industry structure and to a particular industry (such as receipts based size standards, 500 determine whether the industry is technological changes, growth trends, employees for manufacturing and other appreciably different from the other SBA’s financial assistance, other industries that have employee based industries in the anchor comparison program factors, etc.). SBA also size standards (except for Wholesale group. If the characteristics of a specific considers possible impacts of size Trade), and 100 employees for industry under review are similar to the standard revisions on eligibility for industries in the Wholesale Trade average characteristics of the anchor Federal small business assistance, Sector. SBA established 500 employees comparison group, the anchor size current economic conditions, the as the anchor size standard for standard is considered appropriate for Administration’s policies, and manufacturing industries at its that industry. SBA may consider suggestions from industry groups and inception in 1953. Shortly thereafter, adopting a size standard below the Federal agencies. Public comments on a SBA established $1 million in average anchor when: (1) All or most of the proposed rule also provide important annual receipts as the anchor size industry characteristics are significantly additional information. SBA thoroughly standard for nonmanufacturing smaller than the average characteristics reviews all public comments before industries. SBA has periodically of the anchor comparison group; or (2) making a final decision on its proposed increased the receipts based anchor size other industry considerations strongly size standard. Below are brief standard for inflation, and it stands suggest that the anchor size standard descriptions of each of the five primary

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factors that SBA has evaluated in each rare cases, one lower than the anchor, single firm accounts for an industry’s industry in NAICS Sector 71 being may be appropriate. total receipts, the Gini coefficient will reviewed in this proposed rule. A more 3. Industry competition. Industry equal one. detailed description of this analysis is competition is generally measured by SBA compares the Gini coefficient provided in the SBA’s ‘‘Size Standards the share of total industry receipts value for an industry under review with Methodology,’’ available at http:// generated by the largest firms in an that for industries in the anchor www.sba.gov/size. industry. SBA generally evaluates the comparison group. If an industry shows 1. Average firm size. SBA computes share of industry receipts generated by a higher Gini coefficient value than two measures of average firm size: the four largest firms in each industry. industries in the anchor comparison Simple average and weighted average. This is referred to as the ‘‘four-firm industry group this may, all else being For industries with receipts based size concentration ratio,’’ a commonly used equal, warrant a higher size standard standards, the simple average is the total economic measure of market than the anchor. Conversely, if an receipts of the industry divided by the competition. SBA compares the four- industry shows a similar or lower Gini total number of firms in the industry. firm concentration ratio for an industry coefficient than industries in the anchor The weighted average firm size is the under review to the average four-firm group, the anchor standard, or, in some sum of weighted simple averages in concentration ratio for industries in the cases, a standard lower than the anchor, different receipts size classes, where anchor comparison group. If a may be adopted. weights are the shares of total industry significant share of economic activity 5. Impact on Federal contracting and receipts for respective size classes. The within the industry is concentrated SBA’s loan programs. SBA examines the simple average weighs all firms within among a few relatively large companies, possible impact a size standard change an industry equally, regardless of their all else being equal, SBA will establish may have on Federal small business size. The weighted average overcomes a size standard higher than the anchor assistance. This most often focuses on that limitation by giving more weight to size standard. SBA does not consider the share of Federal contracting dollars larger firms. the four-firm concentration ratio as an awarded to small businesses in the If the average firm size of an industry important factor in assessing a size industry in question. In general, if the under review is significantly higher standard if its value for an industry small business share of Federal than the average firm size of industries under review is less than 40 percent. contracting in an industry with in the anchor comparison industry For industries in which the four-firm significant Federal contracting is group, this will generally support a size concentration ratio is 40 percent or appreciably less than the small business standard higher than the anchor size more, SBA examines the average size of share of the industry’s total receipts, standard. Conversely, if the industry’s the four largest firms in determining a there is justification for considering a average firm size is similar to or size standard. size standard higher than the existing significantly lower than that of the 4. Distribution of firms by size. SBA size standard. The disparity between the anchor comparison industry group, it examines the shares of industry total small business Federal market share and will be a basis to adopt the anchor size receipts accounted for by firms of industry-wide small business share may standard, or, in rare cases, a standard different receipts and employment size be due to various factors, such as lower than the anchor. classes in an industry. This is an extensive administrative and 2. Startup costs and entry barriers. additional factor that SBA evaluates in compliance requirements associated Startup costs reflect a firm’s initial size assessing competition within an with Federal contracts, different skill in an industry. New entrants to an industry. If most of an industry’s sets required for Federal contracts as industry must have sufficient capital economic activity is attributable to compared to typical commercial and other assets to start and maintain a smaller firms, this would indicate that contracting work, and the size of viable business. If new firms entering a small businesses are competitive in that Federal contracts. These, and other particular industry have greater capital industry. This supports adopting the factors, will likely influence the type of requirements than firms in industries in anchor size standard. If most of an firms that compete for Federal contracts. the anchor comparison group, this can industry’s economic activity is By comparing the Federal contracting be a basis for establishing a size attributable to larger firms, this would small business share with the industry- standard higher than the anchor indicate that small businesses are not wide small business share, SBA standard. In lieu of data on actual competitive in that industry. This includes in its size standards analysis startup costs, SBA uses average assets as would support adopting a size standard the latest Federal contracting trends. a proxy measure to assess the levels of above the anchor. This analysis may support a size capital requirements for new entrants to Concentration among firms is a standard larger than the current size an industry. measure of inequality of distribution. To standard. To calculate average assets, SBA evaluate the degree of inequality of SBA considers Federal contracting begins with the sales to total assets ratio distribution within an industry, SBA trends in the size standards analysis for an industry from the Risk computes the Gini coefficient by only if: (1) The small business share of Management Association’s Annual constructing the Lorenz curve. The Federal contracting dollars is at least 10 Statement Studies. The SBA then Lorenz curve presents the cumulative percent lower than the small business applies these ratios to the average percentages of units (firms) along the share of total industry receipts; and (2) receipts of firms in that industry. An horizontal axis and the cumulative the amount of total Federal contracting industry with a significantly higher percentages of receipts (or other averages $100 million or more during level of average assets than that of the measures of size) along the vertical axis. the latest three fiscal years. These anchor comparison group is likely to (For further detail, please refer to SBA’s thresholds reflect a significant level of have higher startup costs; this in turn ‘‘Size Standards Methodology’’ on its contracting where a revision to a size will support a size standard higher than Web site at www.sba.gov/size.) Gini standard may have an impact on the anchor. Conversely, if the industry coefficient values vary from zero to one. contracting opportunities to small has a significantly smaller average assets If an industry’s total receipts reflect businesses. compared to the anchor comparison equal distribution among the industries, Besides the impact on small business group, the anchor size standard, or, in the Gini coefficient will equal zero. If a Federal contracting, SBA also evaluates

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the influence of a proposed size 2010. The data are available from the standards for businesses operating in standard on SBA’s loan programs. For U.S. General Service Administration’s related industries. This will also result this, SBA examines the volume and Federal Procurement Data System— in greater consistency among the size number of SBA’s guaranteed loans Next Generation (FPDS–NG). standards for industries that have within an industry and the size of firms To assess the impact on financial similar economic characteristics. obtaining those loans. This allows SBA assistance to small businesses, SBA SBA proposes, therefore, to apply one to assess whether the existing or examined data on its own guaranteed of eight receipts based size standards to proposed size standard for a particular loan programs for fiscal years 2008– each industry in NAICS Sector 71. The industry may restrict the level of 2010. eight ‘‘fixed’’ receipts based size financial assistance to small firms. If the Data sources and estimation standard levels are $5 million, $7 analysis shows that current size procedures SBA uses in its size million, $10 million, $14 million, $19 standards have impeded financial standards analysis are documented in million, $25.5 million, $30 million, and assistance to small businesses, this can detail in the SBA’s ‘‘Size Standards $35.5 million. To establish these eight support higher size standards. However, Methodology’’ White Paper, which is receipts based size standard levels, SBA if small businesses under current size available at www.sba.gov/size. considered the current minimum, the standards have been receiving Dominance in Field of Operation current maximum, and the most significant amounts of financial commonly used current receipts based assistance through SBA’s loan programs, Section 3(a) of the Small Business Act size standards. At the start of the current or if the businesses receiving SBA’s (15 U.S.C. § 632(a)) defines a small comprehensive size standards review, financial assistance are much smaller business concern as one that is: (1) the most commonly used receipts based than the existing size standards, this Independently owned and operated; (2) size standards clustered around the factor may not be considered in not dominant in its field of operation; following: $2.5 million to $4.5 million, determining the size standards. and (3) within a specific small business $7 million, $9 million to $10 million, definition or size standard established $12.5 million to $14.0 million, $25.0 Sources of Industry and Program Data by the SBA’s Administrator. SBA million to $25.5 million, and $33.5 The SBA’s primary source of industry considers as part of its evaluation million to $35.5 million. SBA selected data used in this proposed rule is a whether a business concern at a $7 million as one of eight fixed levels special tabulation of the data from 2007 proposed size standard would be of receipts based size standards because Economic Census (see www.census.gov/ dominant in its field of operation. For it is also an anchor standard for receipts econ/census07/) prepared by the U.S. this, SBA generally examines the based standards. The lowest or Bureau of the Census (Census Bureau) industry’s market share of firms at the minimum receipts based size level will for the Agency. The special tabulation proposed size standard. Market share be $5 million. Other than the size provides SBA with data on the number and other factors may indicate whether standards for agriculture and those of firms, number of establishments, a firm can exercise a major controlling based on commissions (such as real number of employees, annual payroll, influence on a national basis in an estate brokers and travel agents), $5 and annual receipts of companies by industry where a significant number of million include those industries with NAICS Sector (2-digit level), Subsector business concerns are engaged. If a the lowest receipts based standards, (3-digit level), Industry Group (4-digit contemplated size standard would which ranged from $2 million to $4.5 level), Industry (6-digit level). These include a dominant firm, SBA would million. Among the higher level size data are arrayed by various classes of consider a lower size standard to clusters, SBA has set four fixed levels: firms’ size based on the overall number exclude the dominant firm from being $10 million, $14 million, $25.5 million, of employees and receipts of the entire defined as small. and $35.5 million. Because there are enterprise (all establishments and Selection of Size Standards large intervals between some of the affiliated firms) from all industries. The fixed levels, SBA also established two special tabulation enables SBA to To simplify size standards for the intermediate levels: Namely, $19 evaluate average firm size, the four-firm ongoing comprehensive review of million between $14 million and $25.5 concentration ratio, and distribution of receipts based size standards, SBA has million, and $30 million between $25.5 firms by various receipts and proposed to select size standards from a million and $35.5 million. These two employment size classes. limited number of levels. For many intermediate levels reflect roughly the In some cases, where data were not years, SBA has been concerned about same proportional differences as available due to disclosure prohibitions the complexity of determining small between the other two successive levels. in the Census Bureau’s tabulation, SBA business status caused by a large To simplify size standards further, either estimated missing values using number of varying receipts based size SBA may propose a common size available relevant data or examined data standards (see 69 FR 13130 (March 4, standard for closely related industries. at a higher level of industry aggregation, 2004) and 57 FR 62515 (December 31, Although the size standard analysis may such as at the NAICS 2-digit (Sector), 3- 1992)). At the start of current support a separate size standard for each digit (Subsector) or 4-digit (Industry comprehensive size standards review, industry, SBA believes that establishing Group) level. In some instances, SBA there were 31 different levels of receipts different size standards for closely had to base its analysis only on those based size standards. They ranged from related industries may not always be factors for which data were available or $0.75 million to $35.5 million, and appropriate. For example, in cases estimates of missing values were many of them applied to one or only a where many of the same businesses possible. few industries. SBA believes that to operate in the same multiple industries, To calculate average assets, SBA used have so many different size standards a common size standard for those sales to total assets ratios from the Risk with small variations among them is industries might better reflect the Management Association’s Annual unnecessary and difficult to justify Federal marketplace. This might also Statement Studies, 2008–2010. analytically. To simplify managing and make size standards among related To evaluate Federal contracting using size standards, SBA proposes that industries more consistent than separate trends, SBA examined data on Federal there be fewer size standard levels. This size standards for each of those contract awards for fiscal years 2008– will produce more common size industries. All industries in NAICS

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Sector 71 currently have the common $7 group.’’ Because the goal of SBA’s size consists of industries with the highest million size standard. However, the standards review is to assess whether a receipts based size standards, ranging latest industry data neither supported specific industry’s size standard should from $23 million to $35.5 million. The the current common $7 million nor a be the same as or different from the average size standard for this group is different common size standard for all anchor size standard, this is the most $29 million. SBA refers to this group of industries within the Sector. logical group of industries to analyze. In industries as the ‘‘higher level receipts Furthermore, the industry specific addition, this group includes a based size standard comparison group.’’ results showed too much variation to sufficient number of firms to provide a SBA determines differences in industry support common size standards for meaningful assessment and comparison structure between an industry under industries even at the 4-Digit NAICS of industry characteristics. review and the industries in the two If the characteristics of an industry Industry Group level. comparison groups by comparing data under review are similar to the average on each of the industry factors, Evaluation of Industry Structure characteristics of industries in the SBA evaluated the structure of all 25 anchor comparison group, the anchor including average firm size, average industries in NAICS Sector 71, Arts, size standard is generally considered assets size, the four-firm concentration Entertainment and Recreation, to assess appropriate for that industry. If an ratio, and the Gini coefficient of the appropriateness of the current size industry’s structure is significantly distribution of firms by size. Table 1, standards. As described above, SBA different from industries in the anchor Average Characteristics of Receipts compared data on the economic group, a size standard lower or higher Based Comparison Groups, below, characteristics of each industry in than the anchor size standard might be shows two measures of the average firm NAICS Sector 71 to the average appropriate. The level of the new size size (simple and weighted), the average characteristics of industries in two standard is based on the difference assets size, the four-firm concentration comparison groups. The first between the characteristics of the ratio, the average receipts of the four comparison group consists of all anchor comparison group and a second largest firms, and the Gini coefficient for industries with $7.0 million size industry comparison group. As both anchor level and higher level standards and is referred to as the described above, the second comparison comparison groups for receipts based ‘‘receipts based anchor comparison group for receipts based size standards size standards.

TABLE 1—AVERAGE CHARACTERISTICS OF RECEIPTS BASED COMPARISON GROUPS

Avg. firm size ($ million) Avg. assets Four-firm Avg. receipts Receipts based comparison group size concentration of four largest Gini Simple Weighted ($ million) ratio firms coefficient average average (%) ($ million) *

Anchor Level...... 1.32 19.63 0.84 16.6 196.4 0.693 Higher Level ...... 5.07 116.84 3.20 32.1 1,376.0 0.830 * To be used for industries with a four-firm concentration ratio of 40% or greater.

Derivation of Size Standards Based on industry value and the values for the nearest fixed size standard level, which Industry Factors two comparison groups. in this example is $19 million. For example, if an industry’s simple SBA applies the above calculation to For each industry factor in Table 1, average receipts are $3.3 million, that derive a size standard for each industry Average Characteristics of Receipts would support a $19 million size factor. Detailed formulas involved in Based Comparison Groups, above, SBA standard. The $3.3 million level is 52.8 these calculations are presented in the derives a separate size standard based percent between the average firm size of SBA’s ‘‘Size Standards Methodology,’’ on the differences between the values $1.32 million for the anchor comparison available on SBA’s Web site at for the industry under review and the group and $5.07 million for the higher www.sba.gov/size. (However, note that values for the two comparison groups. If level comparison group (($3.30 figures in the ‘‘Size Standards the industry value for a particular factor million¥$1.32 million) ÷ ($5.07 million¥$1.32 million) = 0.528 or Methodology’’ White Paper are based on is near the corresponding factor for the 2002 Economic Census data and are anchor comparison group, SBA will 52.8%). This proportional difference is applied to the difference between the different from those presented in this consider the $7.0 million anchor size proposed rule. That is because when standard appropriate for that factor. $7.0 million anchor size standard and average size standard of $29 million for SBA prepared its ‘‘Size Standards An industry factor with a value the higher level size standard group and Methodology,’’ the 2007 Economic significantly above or below the anchor then added to $7.0 million to estimate Census data were not yet available.) comparison group will generally a size standard of $18.616 million Table 2, Values of Industry Factors and warrant a size standard above or below ([{$29.0 million¥$7.0 million} * 0.528] Support Size Standards, below, shows the $7.0 million anchor. The new size + $7.0 million = $18.616 million). The ranges of values for each industry factor standard in these cases is based on the final step is to round the estimated and the levels of size standards proportional difference between the $18.616 million size standard to the supported by those values.

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TABLE 2—VALUES OF INDUSTRY FACTORS AND SUPPORTED SIZE STANDARDS

If Or if Or if Or if Then simple avg. weighted avg. avg. avg. receipts of largest Or if size standard receipts size receipts size assets size four firms Gini coefficient is ($ million) ($ million) ($ million) ($ million) ($ million)

<1.15 ...... <15.22 ...... <0.73 ...... <142.8 ...... <0.686 ...... 5.0 1.15 to 1.57 ...... 15.22 to 26.26 ...... 0.73 to 1.00 ...... 142.8 to 276.9 ...... 0.686 to 0.702 ...... 7.0 1.58 to 2.17 ...... 26.27 to 41.73 ...... 1.01 to 1.37 ...... 277.0 to 464.5 ...... 0.703 to 0.724 ...... 10.0 2.18 to 2.94 ...... 41.74 to 61.61 ...... 1.38 to 1.86 ...... 464.6 to 705.8 ...... 0.725 to 0.752 ...... 14.0 2.95 to 3.92 ...... 61.62 to 87.02 ...... 1.87 to 2.48 ...... 705.9 to 1,014.1 ...... 0.753 to 0.788 ...... 19.0 3.93 to 4.86 ...... 87.03 to 111.32 ...... 2.49 to 3.07 ...... 1,014.2 to 1,309.0 ...... 0.789 to 0.822 ...... 25.5 4.87 to 5.71 ...... 111.33 to 133.41 ...... 3.08 to 3.61 ...... 1,309.1 to 1,577.1 ...... 0.823 to 0.853 ...... 30.0 >5.71 ...... >133.41 ...... >3.61 ...... >1,577.1 ...... >0.853 ...... 35.5

Derivation of Size Standards Based on SBA to support a different size standard the NAICS industries in columns 2, 3, Federal Contracting Factor than indicated by this general rule and 4, 6, and 7 show two numbers. The Besides industry structure, SBA also take into consideration significant and upper number is the value for the evaluates Federal contracting data to unique aspects of small business industry factor shown on the top of the assess how successful small businesses competitiveness in the Federal contract column and the lower number is the are at obtaining Federal contracts under market. SBA welcomes comments on its size standard supported by that factor. current size standards. For the current methodology of incorporating the For the four-firm concentration ratio, comprehensive size standards review, Federal contracting factor in the size SBA estimates a size standard if its SBA has decided to designate a size standard analysis and suggestions for value is 40 percent or more. If the four- standard at one level higher than the alternative methods and other relevant firm concentration ratio for an industry current size standard for industries information on small business is less than 40 percent, there is no where the small business share of total experience in the Federal contract estimated size standard for that factor. If Federal contracting dollars is 10 to 30 market. the four-firm concentration ratio is more percentage points lower than the small None of the 25 industries in NAICS than 40 percent, SBA indicates in business share of total industry receipts Sector 71 averaged $100 million or more column 6 the average size of the and at two levels higher than the current annually in Federal contracting during industry’s top four firms together with size standard where the difference is fiscal years 2008–2010, suggesting that a size standard based on that average. more than 30 percentage points. Federal contracting activity is As mentioned earlier, since the Federal Because of the complex relationships insignificant in that Sector. In fact, contracting factor was significant in among several variables affecting small based on data for fiscal years 2008– none of the industries in NAICS Sector business participation in the Federal 2010, Federal contracting for the entire 71, no size standard was estimated for marketplace, SBA has chosen not to Sector was less than $90 million. that factor. Column 8 shows a calculated designate a size standard for the Federal Accordingly, the Federal contracting new size standard for each industry. contracting factor alone that is higher factor is not factored in to calculate the This is the average of the size standards than two levels above the current size new size standards for all industries in supported by each industry factor and standard. SBA believes that a larger NAICS Sector 71. rounded to the nearest fixed size level. adjustment to size standards based on Analytical details involved in the New Size Standards Based on Industry Federal contracting activity should be averaging procedure are described in the Factors based on a more detailed analysis of the SBA’s ‘‘Size Standard Methodology.’’ impact of any subsequent revision to the Table 3, Size Standards Supported by For comparison with the new standards, current size standard. In limited Each Factor for Each Industry (millions the current size standards are in column situations, however, SBA may conduct of dollars), below, shows the results of 9 of Table 3, Size Standards Supported a more extensive examination of Federal analyses of industry factors for each by Each Factor for Each Industry contracting experience. This may enable industry in NAICS Sector 71. Many of (millions of dollars), below.

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coefficient 7.0 7.0 35.5 NDUSTRY I age size ACH ($ million) E Four-firm aver- 6.8 87.6 0.728 6.8 87.6 7.5 353.2 0.833 6.6 347.7 0.640 3.1 100.4 0.581 64.6 156.4 41.9 236.5 18.7 34.1 0.634 18.7 34.1 37.6 920.7 0.852 18.4 395.0 0.850 29.5 43.9 0.654 29.5 43.9 23.1 34.5 0.738 23.1 34.5 0.727 14.5 124.1 70.7 2,101.3 0.598 16.5 68.3 11.8 270.7 0.823 11.8 270.7 14.7 $252.7 0.793 15.9 660.0 0.638 30.5 624.5 0.886 24.8 393.5 0.756 0.736 16.8 207.1 19.1 133.0 0.804 19.1 133.0 (%) ACTOR FOR F Four-firm ratio ACH E 1.3 6.8 8.2 0.6 5.0 3.1 5.7 10.0 35.5 $1.6 14.0 26.8 35.5 54.4 35.5 30.0 35.5 36.6 35.5 11.8 35.5 12.7 35.5 35.5 sets size ($ million) Average as- [Millions of dollars] UPPORTED BY 5.0 7.0 7.0 6.8 5.0 9.1 5.0 8.3 5.0 7.0 7.5 5.0 7.9 5.0 15.1 20.1 39.8 19.0 69.7 19.0 32.5 10.0 25.2 42.8 14.0 35.5 74.6 10.0 16.0 35.5 35.5 35.5 10.0 64.0 35.5 19.0 S 162.3 $28.0 227.4 152.4 189.2 633.7 ($ million) Weighted av- erage firm size TANDARDS S 1.1 7.0 1.1 5.0 2.5 1.3 7.0 2.0 0.7 5.0 5.1 0.7 5.0 5.6 1.9 6.6 7.0 5.0 5.0 $2.1 10.0 14.0 25.1 35.5 13.4 10.0 30.5 67.0 35.5 10.0 35.5 35.5 25.5 10.0 30.0 35.5 30.0 IZE (2) (3) (4) (5) (6) (7) (8) (9) ($ million) 3—S Simple aver- age firm size ABLE T (1) NAICS Code/industry title and Similar Events with Facilities ...... and Similar Events without Facilities ...... letes, Entertainers and Other Public Figures 4.2 ...... formers 1.6 ...... 1.4 0.6 tions ...... 1.1 711110 Theater Companies and Dinner Theaters 711120 Dance Companies ...... 711130 Musical Groups and Artists ...... 711190 Other Performing Arts Companies ...... 711211 Sports Teams and Clubs ...... 711212 Race Tracks ...... 711219 Other Spectator Sports ...... 711310 Promoters of Performing Arts, Sports 711320 Promoters of Performing Arts, Sports 711410 Agents and Managers for Artists, Ath- 711510 Independent Artists, Writers, and Per- 712110 Museums ...... 712120 Historical Sites ...... 712130 Zoos and Botanical Gardens ...... 712190 Nature Parks and Other Similar Institu- 713110 Amusement and Theme Parks ...... 713120 Amusement Arcades ...... 713210 Casinos (except Casino Hotels) ...... 713290 Other Gambling Industries ...... 713910 Golf Courses and Country Clubs ...... 713920 Skiing Facilities ......

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Evaluation of SBA Loan Data businesses through those programs. For Proposed Changes to Size Standards Before deciding on an industry’s size the industries reviewed in this rule, the Table 4, Summary of Size Standards standard, SBA also considers the impact data show that it is mostly small Analysis, below, summarizes the results of new or revised standards on SBA’s businesses much smaller than the of SBA analyses of size standards from loan programs. Accordingly, SBA current size standards that use the Table 3, Size Standards Supported by examined its 7(a) and 504 Loan Program SBA’s 7(a) and 504 loans. Therefore, no Each Factor for Each Industry (millions data for fiscal years 2008–2010 to assess size standard in NAICS Sector 71, Arts, of dollars), above. The results support whether the existing or proposed size Entertainment, and Recreation, needs an increases in size standards in 17 standards need further adjustments to adjustment based on this factor. industries, decreases in five industries, ensure credit opportunities for small and no change in three industries.

TABLE 4—SUMMARY OF SIZE STANDARDS ANALYSIS

Calculated NAICS Industry Current size new size code NAICS Industry title standard standard ($ million) ($ million)

711110 ...... Theater Companies and Dinner Theaters ...... $7.0 $19.0 711120 ...... Dance Companies ...... 7.0 10.0 711130 ...... Musical Groups and Artists ...... 7.0 10.0 711190 ...... Other Performing Arts Companies ...... 7.0 25.5 711211 ...... Sports Teams and Clubs ...... 7.0 35.5 711212 ...... Race Tracks ...... 7.0 35.5 711219 ...... Other Spectator Sports ...... 7.0 10.0 711310 ...... Promoters of Performing Arts, Sports and Similar Events with Facilities ...... 7.0 30.0 711320 ...... Promoters of Performing Arts, Sports and Similar Events without Facilities ...... 7.0 14.0 711410 ...... Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ...... 7.0 10.0 711510 ...... Independent Artists, Writers, and Performers ...... 7.0 5.0 712110 ...... Museums ...... 7.0 25.5 712120 ...... Historical Sites ...... 7.0 5.0 712130 ...... Zoos and Botanical Gardens ...... 7.0 25.5 712190 ...... Nature Parks and Other Similar Institutions ...... 7.0 5.0 713110 ...... Amusement and Theme Parks ...... 7.0 35.5 713120 ...... Amusement Arcades ...... 7.0 5.0 713210 ...... Casinos (except Casino Hotels) ...... 7.0 25.5 713290 ...... Other Gambling Industries ...... 7.0 30.0 713910 ...... Golf Courses and Country Clubs ...... 7.0 14.0 713920 ...... Skiing Facilities ...... 7.0 25.5 713930 ...... Marinas ...... 7.0 7.0 713940 ...... Fitness and Recreational Sports Centers ...... 7.0 7.0 713950 ...... Bowling Centers ...... 7.0 7.0 713990 ...... All Other Amusement and Recreation Industries ...... 7.0 5.0

However, lowering small business owners; strengthens small businesses’ Therefore, in this proposed rule, SBA size standards is not in the best interest ability to compete for contracts; has decided not to propose reducing the of small businesses in the current includes recommendations from the size standards for any industries. For economic environment. The U.S. President’s Task Force on Federal industries where analyses might seem to economy was in recession from Contracting Opportunities for Small support lowering size standards, SBA December 2007 to June 2009, the longest Business; creates a better playing field proposes to retain the current size and deepest of any recessions since for small businesses; promotes small standards. As stated previously, the World War II. The economy lost more business exporting, building on the Small Business Act requires the than eight million non-farm jobs during President’s National Export Initiative; Administrator to ‘‘* * * consider other 2008–2009. In response, Congress expands training and counseling; and factors deemed to be relevant * * *’’ to passed and the President signed into provides $12 billion in tax relief to help establishing small business size law the American Recovery and small businesses invest in their firms standards. The current economic Reinvestment Act of 2009 (Recovery and create jobs. conditions and the impact on job Act) to promote economic recovery and Reducing size standards based solely creation are quite relevant to to preserve and create jobs. Although on analytical results would decrease the establishing small business size the recession officially ended in June number of firms that could participate standards. SBA, nevertheless, invites 2009, the unemployment rate is still in Federal financial and procurement comments and suggestions on whether high at 8.2 percent in June 2012 and is assistance for small businesses. That it should lower size standards as forecast to remain around this level at would run counter to what SBA and the suggested by analyses of industry and least through the end of 2012. More Federal government are doing to help program data or retain the current recently, Congress passed and the small businesses. Reducing size standards for those industries in view of President signed the Small Business eligibility for Federal procurement current economic conditions. Jobs Act of 2010 (Jobs Act) to promote opportunities, especially under current As discussed above, SBA has decided small business job creation. The Jobs economic conditions, would not that lowering small business size Act puts more capital into the hands of preserve or create more jobs; rather, it standards would be inconsistent with entrepreneurs and small business would have the opposite effect. what the Federal government is doing to

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stimulate the economy and encourage NAICS Sector 72 (Accommodation and NAICS Sector 56, Administrative and job growth through the Recovery Act Food Services), and NAICS Sector 81 Support, Waste Management and and the Jobs Act. Therefore, for those (Other Services) that the Agency Remediation Services (76 FR 63510 five industries for which analyses proposed (74 FR 53924, 74 FR 53913, (October 12, 2011)), NAICS Sector 61, suggested decreasing their size and 74 FR 53941, (October 21, 2009)) Educational Services (76 FR 70667 standards, SBA proposes to retain the and adopted in its final rules (75 FR (November 15, 2011)), and NAICS current size standards. Thus, of the 25 61597, 75 FR 61604, and 75 FR 61591, Sector 53, Real Estate and Rental and industries in NAICS Sector 71 that were (October 6, 2010)). It is also consistent Leasing (76 FR 70680 (November 15, reviewed in this proposed rule, SBA with the Agency’s recently issued 2011)). In each of those final and proposes to increase size standards for proposed rule (76 FR 14323 (March 16, proposed rules, SBA opted not to reduce 17 industries and retain the current size 2011)) and final rule (77 FR 7490 small business size standards, for the standards for eight industries. Industries (February 10, 2012)) for NAICS Sector same reasons it has provided above in for which SBA has proposed to increase 54, Professional, Scientific and this proposed rule. On those proposed their size standards and proposed size Technical Services, and proposed rules rules, SBA received very few comments standards are in Table 5, Summary of for NAICS Sector 54, Professional, stating that the lower size standard Proposed Size Standard Revisions, Technical, and Scientific Services (76 should be adopted rather than retaining below. FR 14323 (March 16, 2011)), NAICS the current size standard. In those cases, In addition, not lowering size Sector 48–49, Transportation and SBA carefully evaluated those standards in NAICS Sector 71 is Warehousing (76 FR 27935 (May 13, comments along with others received on consistent with SBA’s prior actions for 2011)), NAICS Sector 51, Information that industry’s size standard before NAICS Sector 44–45 (Retail Trade), (76 FR 63216 (October 12, 2011)), making a final decision.

TABLE 5—SUMMARY OF PROPOSED SIZE STANDARD REVISIONS

Current size Proposed size NAICS Code NAICS Industry title standard standard ($ million) ($ million)

711110 ...... Theater Companies and Dinner Theaters ...... $7.0 $19.0 711120 ...... Dance Companies ...... 7.0 10.0 711130 ...... Musical Groups and Artists ...... 7.0 10.0 711190 ...... Other Performing Arts Companies ...... 7.0 25.5 711211 ...... Sports Teams and Clubs ...... 7.0 35.5 711212 ...... Race Tracks ...... 7.0 35.5 711219 ...... Other Spectator Sports ...... 7.0 10.0 711310 ...... Promoters of Performing Arts, Sports and Similar Events with Facilities ...... 7.0 30.0 711320 ...... Promoters of Performing Arts, Sports and Similar Events without Facilities ...... 7.0 14.0 711410 ...... Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ...... 7.0 10.0 712110 ...... Museums ...... 7.0 25.5 712130 ...... Zoos and Botanical Gardens ...... 7.0 25.5 713110 ...... Amusement and Theme Parks ...... 7.0 35.5 713210 ...... Casinos (except Casino Hotels) ...... 7.0 25.5 713290 ...... Other Gambling Industries ...... 7.0 30.0 713910 ...... Golf Courses and Country Clubs ...... 7.0 14.0 713920 ...... Skiing Facilities ...... 7.0 25.5

Evaluation of Dominance in Field of 1. To simplify size standards, SBA more suitable measure of size, and if so, Operation proposes eight fixed size levels for what that employee level should be. SBA has determined that for the receipts based size standards: $5 3. The SBA’s proposed size standards industries in NAICS Sector 71, Arts, million, $7 million, $10 million, $14 are based on its evaluation of five Entertainment, and Recreation, for million, $19 million, $25.5 million, $30 primary factors: Average firm size, which it has proposed to increase size million, and $35.5 million. SBA invites average assets size (a proxy for startup standards, no firm at or below the comments on whether simplification of costs and entry barriers), four-firm proposed size standard is large enough size standards in this way is necessary concentration ratio, distribution of firms to dominate its field of operation. At the and if these proposed fixed size levels by size, and the level and small business proposed size standards, if adopted, the are appropriate. SBA welcomes share of Federal contracting dollars. small business shares of total industry suggestions on alternative approaches to SBA welcomes comments on these receipts among those industries vary simplifying small business size factors and/or suggestions on other from less than 0.1 percent to 2.4 standards. factors that it should consider in percent, with an average of 0.5 percent. assessing industry characteristics when 2. SBA seeks feedback on whether the evaluating or revising size standards. These levels of market share effectively proposed levels of size standards are preclude a firm at or below the SBA also seeks information on relevant appropriate given the economic data sources, if available, that it should proposed size standards from exerting characteristics of each industry. SBA control on its industry. consider. also seeks feedback and suggestions on 4. SBA gives equal weight to each of Request for Comments alternative size standards, if they would the five primary factors for all SBA invites public comments on the be more appropriate, including whether industries. SBA seeks feedback on proposed rule, especially on the an employee based size standard for whether it should continue to give equal following issues. certain industries or exceptions is a weight to each factor or whether it

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should give more weight to one or more industries should include relevant data 2. What are the potential benefits and factors for certain industries. and/or other information supporting costs of this regulatory action? Recommendations to weigh some their comments. If comments relate to The most significant benefit to factors more than others should include using size standards for Federal businesses obtaining small business suggestions on specific weights for each procurement programs, SBA suggests status because of this rule is gaining factor for those industries along with that commenters provide information on eligibility for Federal small business supporting information. the size of contracts awarded, the size assistance programs. These include 5. For some industries, based on of businesses that can undertake the SBA’s financial assistance programs, evaluation of industry data, SBA contracts, start-up costs, equipment and economic injury disaster loans, and proposes to increase the existing size other asset requirements, the amount of Federal procurement programs intended standards by a large amount (such as subcontracting, other direct and indirect for small businesses. Federal NAICS 711211, 711212, 711310, costs associated with the contracts, the procurement programs provide targeted 713110, and 713290), while for others use of mandatory sources of supply for opportunities for small businesses the proposed increases are modest. SBA products and services, and the degree to under SBA’s business development seeks feedback on whether it should, as which contractors can mark up those programs, such as 8(a), Small a policy, limit the increase to a size costs. standard and/or whether it should, as a Disadvantaged Businesses (SDB), small policy, establish minimum or maximum Compliance With Executive Orders businesses located in Historically values for its size standards. SBA seeks 12866, 13563, 12988 and 13132, the Underutilized Business Zones suggestions on appropriate levels of Paperwork Reduction Act (44 U.S.C. (HUBZone), women-owned small changes to size standards and on their Ch. 35), and the Regulatory Flexibility businesses (WOSB), and service- minimum or maximum levels. Act (5 U.S.C. 601–612) disabled veteran-owned small business concerns (SDVO SBC). Federal agencies 6. For industries for which the Executive Order 12866 analytical results would support may also use SBA’s size standards for a lowering their current size standards, The Office of Management and Budget variety of other regulatory and program SBA has proposed to retain the current (OMB) has determined that this purposes. These programs assist small size standards. SBA invites comments proposed rule is a ‘‘significant’’ businesses to become more and suggestions on whether it should regulatory action for purposes of knowledgeable, stable, and competitive. lower size standards as suggested by Executive Order 12866. Accordingly, In the 17 industries for which SBA has analyses of industry and program data the next section contains SBA’s proposed increasing size standards, SBA or retain the current size standards for Regulatory Impact Analysis. This is not estimates that about 1,450 additional those industries in view of current a ‘‘major rule,’’ however, under the firms will obtain small business status economic conditions and other relevant Congressional Review Act, (5 U.S.C. and become eligible for these programs. factors. 800). That number is 1.3 percent of the total 7. To simplify size standards, SBA has number of firms that are classified as established or proposed common size Regulatory Impact Analysis small under the current standards in all standards for closely related industries 1. Is there a need for the regulatory 25 industries in NAICS Sector 71 in other NAICS Sectors. Based on SBA’s action? covered by this proposed rule. If analysis of the industry data, too much adopted as proposed, this would variation exists among the industries in SBA believes that the proposed size increase the small business share of NAICS Sector 71 to propose a common standards revisions for a number of total industry receipts in those size standard for most industries. industries in NAICS Sector 71, Arts, industries from about 35 percent under Therefore, for industries reviewed in Entertainment, and Recreation, will the current size standards to 43 percent. this proposed rule, SBA has proposed better reflect the economic Three groups will benefit from these size standards based on an analysis of characteristics of small businesses and proposed size standards, if they are each specific industry. SBA welcomes the Federal government marketplace. adopted as proposed: (1) Some comments on whether it should adopt The SBA’s mission is to aid and assist businesses that are above the current common size standards for certain small businesses through a variety of size standards will gain small business industries in NAICS Sector 71, and if so, financial, procurement, business status under the higher size standards, how those industries are related in a development, and advocacy programs. thereby enabling them to participate in way to require a common size standard. To assist the intended beneficiaries of Federal small business assistance 8. For analytical simplicity and these programs, SBA must establish programs; (2) growing small businesses efficiency, in this proposed rule, SBA distinct definitions of which businesses that are close to exceeding the current has refined its size standard are deemed small businesses. The Small size standards will be able to retain their methodology to obtain a single value as Business Act (15 U.S.C. 632(a)) small business status under the higher a proposed size standard instead of a delegates to SBA’s Administrator the size standards, thereby enabling them to range of values, as seen in its past size responsibility for establishing small continue their participation in the regulations. SBA welcomes any business definitions. The Act also programs; and (3) Federal agencies will comments on this procedure and requires that small business definitions have a larger pool of small businesses suggestions on alternative methods. vary to reflect industry differences. The from which to draw for their small Public comments on the above issues recently enacted Small Business Jobs business procurement programs. are very valuable to SBA for validating Act also requires SBA to review all size During fiscal years 2008–2010, 45 its size standards methodology and its standards and make necessary percent of Federal contracting dollars proposed revisions to size standards in adjustments to reflect market spent in all industries in NAICS Sector this proposed rule. This will help SBA conditions. The supplementary 71 were accounted for by the 17 to move forward with its review of size information section of this proposed industries for which SBA has proposed standards for other NAICS Sectors. rule explains SBA’s methodology for to increase size standards. Given the Commenters addressing size standards analyzing a size standard for a particular limited Federal contracting activity in for a specific industry or a group of industry. that Sector, proposed revisions would

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have minimal impacts on small business additional costs associated with Sector 71, Arts, Entertainment, and contracting opportunities. SBA compliance and verification of small Recreation, are consistent with SBA’s estimates that additional firms gaining business status and protests of small statutory mandate to assist small small business status under the business status. These added costs will business. This regulatory action proposed size standards could be minimal because mechanisms are promotes the Administration’s potentially obtain Federal contracts already in place to handle these objectives. One of SBA’s goals in totaling up to $5 million annually under administrative requirements. support of the Administration’s SBA’s small business, 8(a), SDB, Additionally, the costs to the Federal objectives is to help individual small HUBZone, WOSB and SDVO SBC Government may be higher on some businesses succeed through fair and Programs, and other unrestricted Federal contracts. With a greater equitable access to capital and credit, procurements. The added competition number of businesses defined as small, Government contracts, and management for many of these procurements could Federal agencies may choose to set aside and technical assistance. Reviewing and also result in lower prices to the more contracts for competition among modifying size standards, when Government for procurements reserved small businesses rather than using full appropriate, ensures that intended for small businesses, although SBA and open competition. The movement beneficiaries have access to the small cannot quantify this benefit. from unrestricted to small business set- business programs designed to assist Under SBA’s 7(a) Business and 504 aside contracting might result in them. Loan Programs, based on the 2008–2010 competition among fewer total bidders, data, SBA estimates that about 15 to 20 although there will be more small Executive Order 13563 additional loans totaling about $4 businesses eligible to submit offers. A description of the need for this million to $6 million in Federal loan However, the additional costs associated regulatory action and benefits and costs guarantees could be made to these with fewer bidders are expected to be associated with this action, including newly defined small businesses under minor since, as a matter of law, possible distributions impacts that the proposed size standards. Increasing procurements may be set aside for small relate to Executive Order 13563 is the size standards will likely result in businesses or reserved for the 8(a), included above in the Regulatory Impact more small business guaranteed loans to HUBZone, WOSB, or SDVO SBC Analysis under Executive Order 12866. businesses in these industries, but it Programs only if awards are expected to In an effort to engage interested would be impractical to try to estimate be made at fair and reasonable prices. In parties in this action, SBA presented its their exact number and total amount addition, higher costs may result when size standards methodology (discussed loaned. Under the Jobs Act, SBA can more full and open contracts are above under Supplementary now guarantee substantially larger loans awarded to HUBZone businesses that Information) to various industry than in the past. In addition, the Jobs receive price evaluation preferences. associations and trade groups. SBA also Act established an alternative size The proposed size standards may met with representatives from various standard ($15 million in tangible net have distributional effects among large industry groups and individual worth and $5 million in net income and small businesses. Although SBA businesses to obtain their feedback on after income taxes) for business cannot estimate with certainty the its methodology and other size concerns that do not meet the size actual outcome of the gains and losses standards issues. SBA also presented its standards for their industry. Therefore, among small and large businesses, it can size standards methodology to SBA finds it similarly difficult to identify several probable impacts. There businesses in 13 cities in the U.S. and quantify the exact impact of these may be a transfer of some Federal sought their input as part of the Jobs Act proposed size standards on its 7(a) and contracts to small businesses from large tours. The presentation also included 504 Loan Programs. businesses. Large businesses may have information on latest status of the Newly defined small businesses will fewer Federal contract opportunities as comprehensive size standards review also benefit from SBA’s Economic Injury Federal agencies decide to set aside and on how interested parties can Disaster Loan (EIDL) Program. Since this more Federal contracts for small provide SBA with input and feedback program is contingent on the occurrence businesses. In addition, some Federal on size standards review. and severity of a disaster, SBA cannot contracts may be awarded to HUBZone Additionally, SBA sent letters to the make a meaningful estimate of benefits concerns instead of large businesses Directors of the Offices of Small and for future disasters. since those firms may be eligible for a Disadvantaged Business Utilization To the extent that those 1,450 newly price evaluation preference for contracts (OSDBU) at several Federal agencies defined additional small firms could when they compete on a full and open with considerable procurement become active in Federal procurement basis. Similarly, currently defined small responsibilities requesting their programs, the proposed changes, if businesses may obtain fewer Federal feedback on how the agencies use SBA adopted, may entail some additional contracts due to the increased size standards and whether current administrative costs to the Federal competition from more businesses standards meet their programmatic Government associated with additional defined as small. This transfer may be needs (both procurement and non- bidders for Federal small business offset by a greater number of Federal procurement). SBA gave appropriate procurement opportunities; additional procurements set aside for all small consideration to all input, suggestions, firms seeking SBA guaranteed lending businesses. The number of newly recommendations, and relevant programs; additional firms eligible for defined and expanding small businesses information obtained from industry enrollment in the Central Contractor that are willing and able to sell to the groups, individual businesses, and Registration’s (CCR) Dynamic Small Federal Government will limit the Federal agencies in preparing this Business Search database; and number of contracts transferred from proposed rule. additional firms seeking certification as large and from currently defined small The review of size standards in 8(a) or HUBZone firms or qualifying for businesses. SBA cannot estimate the NAICS Sector 71, Arts, Entertainment, small business, WOSB, SDVO SBC, or potential distributional impacts of these and Recreation, is consistent with EO SDB status. Among those newly defined transfers with any degree of precision. 13563, Section 6 calling for small businesses seeking SBA The proposed revisions to the existing retrospective analyses of existing rules. assistance, there could be some size standards for Industries in NAICS As discussed previously, the last overall

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review of size standards occurred substantial number of small businesses about 43 percent under the proposed during the late 1970s and early 1980s. in NAICS Sector 71, Arts, size standards. The proposed size Since then, except for periodic Entertainment, and Recreation. As standards, if adopted, will enable more adjustments for monetary based size described above, this rule may affect small businesses to retain their small standards, most reviews of size small businesses seeking Federal business status for a longer period. standards were limited to a few specific contracts, loans under SBA’s 7(a), 504 Many firms have lost their small industries in response to requests from and Economic Injury Disaster Loan business eligibility and find it difficult the public and Federal agencies. SBA Programs, as well as assistance under to compete with companies that are recognizes that changes in industry other Federal small business programs. significantly larger than they are. SBA structure and the Federal marketplace Immediately below, SBA sets forth an believes the competitive impact will be over time have rendered existing size initial regulatory flexibility analysis positive for existing small businesses standards for some industries no longer (IRFA) of this proposed rule addressing and for those that exceed the current supportable by current data. the following questions: (1) What are the size standards but are on the very low Accordingly, in 2007, SBA began a need for and objective of the rule?; end of those that are not small. They comprehensive review of its size (2) What are SBA’s description and might otherwise be called or referred to standards to ensure that existing size estimate of the number of small entities as mid sized businesses, although SBA standards have supportable bases and to to which the rule will apply?; (3) What only defines what is small; other entities revise them when necessary. In are the projected reporting, are other than small. recordkeeping, and other compliance addition, on September 27, 2010, the 3. What are the projected reporting, President of the United States signed the requirements of the rule?; (4) What are the relevant Federal rules that may recordkeeping and other compliance Small Business Jobs Act of 2010 (Jobs requirements of the rule? Act). The Jobs Act directs SBA to duplicate, overlap, or conflict with the conduct a detailed review of all size rule?; and (5) What alternatives will Proposed size standards changes do standards and to make appropriate allow the Agency to accomplish its not impose any additional reporting or adjustments to reflect market regulatory objectives while minimizing record keeping requirements on small conditions. Specifically, the Jobs Act the impact on small entities? entities. However, qualifying for Federal procurement and a number of other requires SBA to conduct a detailed 1. What are the need for and objective review of at least one-third of all size Federal programs requires that entities of the rule? register in the Central Contractor standards during every 18-month period Most of the size standards in NAICS Registration (CCR) database and certify from the date of its enactment and do a Sector 71, Arts, Entertainment, and at least annually that they are small in complete review of all size standards Recreation, have not been reviewed the Online Representations and not less frequently than once every since the early 1980s. Technology, Certifications Application (ORCA). 5 years thereafter. productivity growth, international Therefore, businesses opting to Executive Order 12988 competition, mergers and acquisitions, participate in those programs must This action meets applicable and updated industry definitions may comply with CCR and ORCA standards set forth in Sections 3(a) and have changed the structure of many requirements. There are no costs 3(b)(2) of Executive Order 12988, Civil industries in that Sector. Such changes associated with either CCR registration Justice Reform, to minimize litigation, can be sufficient to support revisions to or ORCA certification. Changing size eliminate ambiguity, and reduce current size standards for some standards alters the access to SBA burden. The action does not have industries. Based on its analysis of the programs that assist small businesses retroactive or preemptive effect. latest data available, SBA believes that but does not impose a regulatory burden the revised size standards in this as they neither regulate nor control Executive Order 13132 proposed rule more appropriately reflect business behavior. the size of businesses in those industries For purposes of Executive Order 4. What are the relevant Federal rules 13132, SBA has determined that this that need Federal assistance. The recently enacted Small Business Jobs which may duplicate, overlap, or proposed rule will not have substantial, conflict with the rule? direct effects on the States, on the Act also requires SBA to review all size relationship between the national standards and make necessary Under § 3(a)(2)(C) of the Small government and the States, or on the adjustments to reflect market Business Act, 15 U.S.C. 632(a)(2)(c), distribution of power and conditions. Federal agencies must use SBA’s size standards to define a small business, responsibilities among the various 2. What are SBA’s description and levels of government. Therefore, SBA unless specifically authorized by statute estimate of the number of small entities to do otherwise. In 1995, SBA published has determined that this proposed rule to which the rule will apply? has no federalism implications in the Federal Register a list of statutory warranting preparation of a federalism If the proposed rule is adopted in its and regulatory size standards that assessment. present form, SBA estimates that about identified the application of SBA’s size 1,450 additional firms will become standards as well as other size standards Paperwork Reduction Act small because of increases in size used by Federal agencies (60 FR 57988, For the purpose of the Paperwork standards in 17 industries. That (November 24, 1995)). SBA is not aware Reduction Act, 44 U.S.C. chapter 35, represents 1.3 percent of the total of any Federal rule that would duplicate SBA has determined that this rule will number of firms that are classified as or conflict with establishing size not impose any new reporting or small under the current size standards standards. recordkeeping requirements. in all 25 industries in NAICS Sector 71 However, the Small Business Act and covered by this proposed rule. This will SBA’s regulations allow Federal Initial Regulatory Flexibility Analysis result in an increase in the small agencies to develop different size Under the Regulatory Flexibility Act business share of total industry receipts standards if they believe that SBA’s size (RFA), this proposed rule, if adopted, for this Sector from about 35 percent standards are not appropriate for their may have a significant impact on a under the current size standards to programs, with the approval of SBA’s

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Administrator (13 CFR 121.903). The practical alternative exists to the Authority: 15 U.S.C. 632, 634(b)(6), 636(b), Regulatory Flexibility Act authorizes an systems of numerical size standards. 662, and 694a(9). agency to establish an alternative small List of Subjects in 13 CFR Part 121 2. In § 121.201, in the table, revise the business definition after consultation entries for ‘‘711110’’, ‘‘711120’’, with the Office of Advocacy of the U.S. Administrative practice and ‘‘711130’’, ‘‘711190’’, ‘‘711211’’, Small Business Administration (5 U.S.C. procedure, Government procurement, Government property, Grant programs— ‘‘711212’’, ‘‘711219’’, ‘‘711310’’, 601(3)). business, Individuals with disabilities, ‘‘711320’’, ‘‘711410’’, ‘‘712110’’, 5. What alternatives will allow the Loan programs—business, Reporting ‘‘712130’’, ‘‘713110’’, ‘‘713210’’, Agency to accomplish its regulatory and recordkeeping requirements, Small ‘‘713290’’, ‘‘713910’’, and ‘‘713920’’ to objectives while minimizing the impact businesses. read as follows: on small entities? For the reasons set forth in the preamble, SBA proposes to amend part § 121.201 What size standards has SBA By law, SBA is required to develop 13 CFR part 121 as follows: identified by North American Industry numerical size standards for Classification System codes? establishing eligibility for Federal small PART 121—SMALL BUSINESS SIZE * * * * * business assistance programs. Other REGULATIONS Small Business Size Standards by than varying size standards by industry 1. The authority citation for part 121 NAICS Industry and changing the size measures, no continues to read as follows:

Size standards NAICS Codes NAICS U.S. Industry title Size standards in in number of millions of dollars employees

******* 711110 ...... Theater Companies and Dinner Theaters ...... $19.0 711120 ...... Dance Companies ...... 10.0 711130 ...... Musical Groups and Artists ...... 10.0 711190 ...... Other Performing Arts Companies ...... 25.5 711211 ...... Sports Teams and Clubs ...... 35.5 711212 ...... Race Tracks ...... 35.5 711219 ...... Other Spectator Sports ...... 10.0 711310 ...... Promoters of Performing Arts, Sports and Similar Events with Facilities ...... 30.0 711320 ...... Promoters of Performing Arts, Sports and Similar Events without Facilities ...... 14.0 711410 ...... Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ...... 10.0

******* 712110 ...... Museums ...... 25.5

******* 712130 ...... Zoos and Botanical Gardens ...... 25.5

******* 713110 ...... Amusement and Theme Parks ...... 35.5

******* 713210 ...... Casinos (except Casino Hotels) ...... 25.5 713290 ...... Other Gambling Industries ...... 30.0 713910 ...... Golf Courses and Country Clubs ...... 14.0 713920 ...... Skiing Facilities ...... 25.5

*******

Dated: February 28, 2012. DEPARTMENT OF TRANSPORTATION ACTION: Notice of proposed rulemaking Karen G. Mills, (NPRM). Administrator. Federal Aviation Administration SUMMARY: We propose to adopt a new [FR Doc. 2012–17442 Filed 7–17–12; 8:45 am] 14 CFR Part 39 BILLING CODE 8025–01–P airworthiness directive (AD) for all PILATUS AIRCRAFT LTD. Models PC [Docket No. FAA–2012–0732; Directorate 12, PC 12/45, PC 12/47, and PC 12/47E Identifier 2012–CE–022–AD] airplanes that would supersede an existing AD. This proposed AD results RIN 2120–AA64 from mandatory continuing Airworthiness Directives; PILATUS airworthiness information (MCAI) AIRCRAFT LTD. Airplanes originated by an aviation authority of another country to identify and correct AGENCY: Federal Aviation an unsafe condition on an aviation Administration (FAA), Department of product. The MCAI describes the unsafe Transportation (DOT). condition as a need to incorporate new

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revisions into the Limitations section, Comments Invited may obtain further information by Chapter 4, of the FAA-approved We invite you to send any written examining the MCAI in the AD docket. maintenance program (e.g., maintenance relevant data, views, or arguments about Relevant Service Information manual). The limitations were revised to this proposed AD. Send your comments include an inspection of the wing main Pilatus Aircraft Ltd. has issued to an address listed under the Structural and Component spar fastener holes at rib 6 for cracks. ADDRESSES section. Include ‘‘Docket No. We are issuing this proposed AD to Limitations—Airworthiness Limitations, FAA–2012–0732; Directorate Identifier document 12 B 04 00 00 00A 000A A, require actions to address the unsafe 2012–CE–022–AD’’ at the beginning of condition on these products. dated January 27, 2012; and Structural, your comments. We specifically invite Component and Miscellaneous— DATES: We must receive comments on comments on the overall regulatory, this proposed AD by September 4, 2012. Airworthiness Limitations, document 12 economic, environmental, and energy A 04 00 00 00A 000A A, dated January ADDRESSES: You may send comments by aspects of this proposed AD. We will 27, 2012. The actions described in this any of the following methods: consider all comments received by the service information are intended to • Federal eRulemaking Portal: Go to closing date and may amend this http://www.regulations.gov. Follow the correct the unsafe condition identified proposed AD because of those in the MCAI. instructions for submitting comments. comments. • Fax: (202) 493–2251. We will post all comments we FAA’s Determination and Requirements • Mail: U.S. Department of receive, without change, to http:// of the Proposed AD Transportation, Docket Operations, www.regulations.gov, including any M–30, West Building Ground Floor, This product has been approved by personal information you provide. We the aviation authority of another Room W12–140, 1200 New Jersey will also post a report summarizing each Avenue SE., Washington, DC 20590. country, and is approved for operation • substantive verbal contact we receive in the United States. Pursuant to our Hand Delivery: U.S. Department of about this proposed AD. Transportation, Docket Operations, bilateral agreement with this State of M–30, West Building Ground Floor, Discussion Design Authority, they have notified us Room W12–140, 1200 New Jersey of the unsafe condition described in the On July 1, 2009, we issued AD 2009– MCAI and service information Avenue SE., Washington, DC 20590, 14–13, Amendment 39–15963 (74 FR between 9 a.m. and 5 p.m., Monday referenced above. We are proposing this 34213, July 15, 2009). That AD required AD because we evaluated all through Friday, except Federal holidays. actions intended to address an unsafe For service information identified in information and determined the unsafe condition on the products listed above. condition exists and is likely to exist or this proposed AD, contact PILATUS Since we issued AD 2009–14–13, AIRCRAFT LTD., Customer Service develop on other products of the same Amendment 39–15963 (74 FR 34213, type design. Manager, CH 6371 STANS, Switzerland; July 15, 2009), Pilatus Aircraft Ltd. has telephone: +41 (0)41 619 62 08; fax: +41 issued revisions to the Limitations Costs of Compliance (0)41 619 73 11; Internet: http:// section of the airplane maintenance We estimate that this proposed AD www.pilatus_aircraft.com or email: manual to include an inspection of the would affect 678 products of U.S. SupportPC12@pilatus_ aircraft.com. wing main spar fastener holes at rib 6 registry. We also estimate that it would You may review copies of the for cracks. take about 3.5 work hours per product referenced service information at the The European Aviation Safety Agency to comply with the basic requirements FAA, Small Airplane Directorate, 901 (EASA), which is the Technical Agent of this AD. The average labor rate is $85 Locust, Kansas City, Missouri 64106. for the Member States of the European per work hour. Required parts would For information on the availability of Community, has issued AD No. 2012– cost about $300 per product. Based on this material at the FAA, call (816) 329– 0099, dated June 8, 2012 (referred to these figures, we estimate the cost of 4148. after this as ‘‘the MCAI’’), to correct an this proposed AD on U.S. operators to Examining the AD Docket unsafe condition for the specified be $405,105, or $597.50 per product. products. The MCAI states: You may examine the AD docket on In addition, we estimate that any The mandatory instructions and the Internet at http:// necessary follow on actions would take airworthiness limitations applicable to www.regulations.gov; or in person at the about 6 work hours and require parts the Structure and Components of the Docket Management Facility between costing $4,000, for a cost of $4,510 per PC–12 are specified in the Aircraft 9 a.m. and 5 p.m., Monday through product. We have no way of Maintenance Manual (AMM) under Friday, except Federal holidays. The AD determining the number of products Chapter 4. Prompted by a crack found docket contains this proposed AD, the that may need these actions. We also on one wing of the aeroplane fleet regulatory evaluation, any comments estimate that it would take about 12 leader, a more restrictive airworthiness received, and other information. The work hours per product to comply with limitation was introduced, in that street address for the Docket Office the addition of the wing inspection manual, for the inspection of the main (telephone (800) 647–5527) is in the requirements of this proposed AD. The spar rib 6 strap fastener. ADDRESSES section. Comments will be average labor rate is $85 per work hour. These documents include the Based on these figures, we estimate available in the AD docket shortly after maintenance instructions and/or the cost of the proposed wing inspection receipt. airworthiness limitations developed by on U.S. operators to be $691,560, or FOR FURTHER INFORMATION CONTACT: Pilatus Aircraft Ltd. and approved by $1,020 per product. Doug Rudolph, Aerospace Engineer, EASA. Failure to comply with these In addition, we estimate that any FAA, Small Airplane Directorate, 901 instructions and limitations could necessary follow-on actions would take Locust, Room 301, Kansas City, potentially lead to unsafe condition. about 7 work-hours and require parts Missouri 64106; telephone: (816) 329 For the reasons described above, this costing approximately $5,000, for a cost 4059; fax: (816) 329 4090; email: AD requires the implementation of more of $5,595 per product. We have no way [email protected]. restrictive maintenance instructions of determining the number of products SUPPLEMENTARY INFORMATION: and/or airworthiness limitations. You that may need these actions.

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Authority for This Rulemaking § 39.13 [Amended] limitations section revision does the following: Title 49 of the United States Code 2. The FAA amends § 39.13 by removing Amendment 39–15963 (74 FR (i) Establishes an inspection of the wing specifies the FAA’s authority to issue main spar fastener holes at rib 6, rules on aviation safety. Subtitle I, 34213, July 15, 2009), and adding the (ii) Specifies replacement of components section 106, describes the authority of following new AD: before or upon reaching the applicable life the FAA Administrator. ‘‘Subtitle VII: PILATUS AIRCRAFT LTD.: Docket No. limit, and Aviation Programs,’’ describes in more FAA–2012–0732; Directorate Identifier (iii) Specifies accomplishment of all detail the scope of the Agency’s 2012–CE–022–AD. applicable maintenance tasks within certain thresholds and intervals. authority. We are issuing this (a) Comments Due Date (4) For all airplanes: If no compliance time rulemaking under the authority We must receive comments by September is specified in the documents listed in described in ‘‘Subtitle VII, Part A, 4, 2012. paragraph (f)(3) of this AD when doing any Subpart III, Section 44701: General corrective actions where discrepancies are requirements.’’ Under that section, (b) Affected ADs found as required in paragraph (f)(3)(iii) of Congress charges the FAA with This AD supersedes AD 2009–14–13, this AD, do these corrective actions before promoting safe flight of civil aircraft in Amendment 39–15963 (74 FR 34213, July 15, further flight after doing the applicable 2009). maintenance task. air commerce by prescribing regulations (5) For all airplanes: During the for practices, methods, and procedures (c) Applicability accomplishment of the actions required in the Administrator finds necessary for This AD applies to Pilatus Aircraft LTD. paragraphs (f)(3)(i), (f)(3)(ii), and (f)(3)(iii) of safety in air commerce. This regulation Models PC 12, PC 12/45, PC 12/47, and PC– this AD, if a discrepancy is found that is not is within the scope of that authority 12/47E airplanes, all manufacturer serial identified in the documents listed in because it addresses an unsafe condition numbers (MSNs), certificated in any category. paragraph (f)(3) of this AD, before further flight after finding the discrepancy, contact that is likely to exist or develop on (d) Subject products identified in this rulemaking Pilatus Aircraft Ltd. at the address specified Air Transport Association of America in paragraph (h) of this AD for a repair action. (ATA) Code 05: Time Limits. scheme and incorporate that repair scheme. Regulatory Findings (e) Reason Note 1 to paragraph (f)(3) of this AD: Structural, Component and Miscellaneous— We determined that this proposed AD This AD was prompted by mandatory Airworthiness Limitations, document 12 A continuing airworthiness information (MCAI) would not have federalism implications 04 00 00 00A 000A A, dated January 27, 2012 originated by an aviation authority of another under Executive Order 13132. This (for Models PC 12, PC 12/45, PC 12/47) is country to identify and correct an unsafe proposed AD would not have a part of Chapter 4 of the Airplane condition on an aviation product. The MCAI substantial direct effect on the States, on Maintenance Manual (AMM) report 02049, describes the unsafe condition as a need to issue 25, dated January 25, 2012. the relationship between the national incorporate new revisions into the Government and the States, or on the Limitations section, Chapter 4, of the FAA- Note 2 to paragraph (f)(3) of this AD: distribution of power and approved maintenance program (e.g., Structural and Component Limitations— responsibilities among the various maintenance manual). The limitations were Airworthiness Limitations, document 12 B 04 levels of government. revised to include an inspection of the wing 00 00 00A 000A A, dated January 27, 2012 For the reasons discussed above, I main spar fastener holes at rib 6 for cracks. (for Model PC 12/47E) is part of Chapter 4 certify this proposed regulation: These actions are required to ensure the of the AMM report 02300, issue 8, dated (1) Is not a ‘‘significant regulatory continued operational safety of the affected January 25, 2012. airplanes. action’’ under Executive Order 12866, (g) Other FAA AD Provisions (2) Is not a ‘‘significant rule’’ under (f) Actions and Compliance The following provisions also apply to this the DOT Regulatory Policies and Unless already done, do the following AD: Procedures (44 FR 11034, February 26, actions: (1) Alternative Methods of Compliance 1979), (1) For Models PC 12 and PC 12/45 (AMOCs): The Manager, Standards Office, (3) Will not affect intrastate aviation airplanes, MSNs 101 through 299: Within the FAA, has the authority to approve AMOCs in Alaska, and next 100 hours time in service (TIS) after for this AD, if requested using the procedures (4) Will not have a significant August 19, 2009 (the effective date retained found in 14 CFR 39.19. Send information to economic impact, positive or negative, from AD 2009–14–13, Amendment 39–15963 ATTN: Doug Rudolph, Aerospace Engineer, on a substantial number of small entities (74 FR 34213, July 15, 2009)) or 1 year after FAA, Small Airplane Directorate, 901 Locust, August 19, 2009 (the effective date retained under the criteria of the Regulatory Room 301, Kansas City, Missouri 64106; from AD 2009–14–13), whichever occurs telephone: (816) 329 4059; fax: (816) 329 Flexibility Act. first, replace the torque tube P/N 4090; email: [email protected]. List of Subjects in 14 CFR Part 39 532.50.12.047 with torque tube P/N (i) Before using any approved AMOC on 532.50.12.064 following PILATUS any airplane to which the AMOC applies, Air transportation, Aircraft, Aviation AIRCRAFT LTD. Service Bulletin No: 32 021, notify your appropriate principal inspector safety, Incorporation by reference, dated November 21, 2008. (PI) in the FAA Flight Standards District Safety. (2) For all airplanes: As of the effective Office (FSDO), or lacking a PI, your local date of this AD, do not install torque tube P/ FSDO. The Proposed Amendment N 532.50.12.047. (ii) AMOCs approved for AD 2009–14–13, Accordingly, under the authority (3) For all airplanes: Before further flight Amendment 39–15963 (74 FR 34213, July 15, delegated to me by the Administrator, after the effective date of this AD, insert 2009) are not approved as AMOCs for this Structural, Component and Miscellaneous— the FAA proposes to amend 14 CFR part AD. Airworthiness Limitations, document 12 A (2) Airworthy Product: For any requirement 39 as follows: 04 00 00 00A 000A A, dated January 27, 2012 in this AD to obtain corrective actions from (for Models PC 12, PC 12/45, PC 12/47), and a manufacturer or other source, use these PART 39—AIRWORTHINESS Structural and Component Limitations— actions if they are FAA-approved. Corrective DIRECTIVES Airworthiness Limitations, document 12 B 04 actions are considered FAA-approved if they 1. The authority citation for part 39 00 00 00A 000A A, dated January 27, 2012 are approved by the State of Design Authority (for Model PC 12/47E), into the Limitations (or their delegated agent). You are required continues to read as follows: section of the FAA approved maintenance to assure the product is airworthy before it Authority: 49 U.S.C. 106(g), 40113, 44701. program (e.g., maintenance manual). The is returned to service.

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(3) Reporting Requirements: For any SUMMARY: This action proposes to All communications received before reporting requirement in this AD, a federal amend Class E Airspace at Wilkes-Barre, the specified closing date for comments agency may not conduct or sponsor, and a PA, creating controlled airspace to will be considered before taking action person is not required to respond to, nor shall a person be subject to a penalty for accommodate new Standard Instrument on the proposed rule. The proposal failure to comply with a collection of Approach Procedures at Wilkes-Barre contained in this notice may be changed information subject to the requirements of Wyoming Valley Airport. This action in light of the comments received. A the Paperwork Reduction Act unless that would enhance the safety and airspace report summarizing each substantive collection of information displays a current management of Instrument Flight Rules public contact with FAA personnel valid OMB Control Number. The OMB (IFR) operations at the airport. This concerned with this rulemaking will be Control Number for this information action would also recognize the name filed in the docket. collection is 2120–0056. Public reporting for change of Hanover Township Fire this collection of information is estimated to Availability of NPRMs be approximately 5 minutes per response, Station #5 Heliport. including the time for reviewing instructions, DATES: Comments must be received on An electronic copy of this document completing and reviewing the collection of or before September 4, 2012. may be downloaded from and information. All responses to this collection ADDRESSES: Send comments on this rule comments submitted through http:// of information are mandatory. Comments to: U. S. Department of Transportation, www.regulations.gov. Recently concerning the accuracy of this burden and Docket Operations, West Building published rulemaking documents can suggestions for reducing the burden should also be accessed through the FAA’s Web be directed to the FAA at: 800 Independence Ground Floor, Room W12–140, 1200 New Jersey SE., Washington, DC 20590– page at http://www.faa.gov/ Ave. SW., Washington, DC 20591, Attn: _ _ Information Collection Clearance Officer, 0001; Telephone: 1–800–647–5527; Fax: airports airtraffic/air traffic/ _ AES–200. 202–493–2251. You must identify the publications/airspace amendments/. You may review the public docket (h) Related Information Docket Number FAA–2012–0341; Airspace Docket No. 12–AEA–4, at the containing the proposal, any comments Refer to MCAI European Aviation Safety received and any final disposition in Agency (EASA) AD No. 2012–0099, dated beginning of your comments. You may June 8, 2012; Structural and Component also submit and review received person in the Dockets Office (see the Limitations—Airworthiness Limitations, comments through the Internet at ADDRESSES section for address and document 12 B 04 00 00 00A 000A A, dated http://www.regulations.gov. phone number) between 9:00 a.m. and January 27, 2012; Structural, Component and FOR FURTHER INFORMATION CONTACT: John 5:00 p.m., Monday through Friday, Miscellaneous—Airworthiness Limitations, Fornito, Operations Support Group, except Federal holidays. An informal document 12 A 04 00 00 00A 000A A, dated docket may also be examined during January 27, 2012; and PILATUS AIRCRAFT Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, normal business hours at the office of LTD. Service Bulletin No: 32 021, dated the Eastern Service Center, Federal November 21, 2008, for related information. Atlanta, Georgia 30320; telephone (404) For service information related to this AD, 305–6364. Aviation Administration, room 210, 1701 Columbia Avenue, College Park, contact PILATUS AIRCRAFT LTD., Customer SUPPLEMENTARY INFORMATION: Service Manager, CH 6371 STANS, Georgia 30337. Switzerland; telephone: +41 (0)41 619 62 08; Comments Invited Persons interested in being placed on fax: +41 (0)41 619 73 11; Internet: a mailing list for future NPRM’s should _ Interested persons are invited to http://www.pilatus aircraft.com or email: contact the FAA’s Office of Rulemaking, SupportPC12@pilatus_aircraft.com. You may comment on this rule by submitting review copies of the referenced service such written data, views, or arguments, (202) 267–9677, to request a copy of information at the FAA, Small Airplane as they may desire. Comments that Advisory circular No. 11–2A, Notice of Directorate, 901 Locust, Kansas City, provide the factual basis supporting the Proposed Rulemaking distribution Missouri 64106. For information on the views and suggestions presented are System, which describes the application availability of this material at the FAA, call particularly helpful in developing procedure. (816) 329–4148. reasoned regulatory decisions on the The Proposal Issued in Kansas City, Missouri, on July 5, proposal. Comments are specifically 2012. invited on the overall regulatory, The FAA is considering an Earl Lawrence, aeronautical, economic, environmental, amendment to Title 14, Code of Federal Manager, Small Airplane Directorate, Aircraft and energy-related aspects of the Regulations (14 CFR) part 71 to amend Certification Service. proposal. Class E airspace at Wilkes-Barre, PA [FR Doc. 2012–17103 Filed 7–17–12; 8:45 am] Communications should identify both providing the controlled airspace BILLING CODE 4910–13–P docket numbers (FAA Docket No. FAA– required to support the new RNAV GPS 2011–0341; Airspace Docket No. 12– standard instrument approach AEA–4) and be submitted in triplicate to procedures for Wilkes-Barre Wyoming DEPARTMENT OF TRANSPORTATION the Docket Management System (see Valley Airport. Controlled airspace ADDRESSES section for address and extending upward from 700 feet above Federal Aviation Administration phone number). You may also submit the surface would be created for the comments through the Internet at safety and management of IFR 14 CFR Part 71 http://www.regulations.gov. operations at the airport. Also, the [Docket No. FAA–2012–0341; Airspace Persons wishing the FAA to heliport formerly known as Fire Station Docket No. 12–AEA–4] acknowledge receipt of their comments Helipad at Mercy Hospital would be on this action must submit with those changed to Hanover Township Fire Proposed Amendment of Class E comments a self-addressed stamped Station #5 Heliport. Airspace; Wilkes-Barre, PA postcard on which the following Class E airspace designations are AGENCY: Federal Aviation statement is made: ‘‘Comments to published in Paragraph 6005 of FAA Administration (FAA), DOT. Docket No. FAA–2012–0341; Airspace Order 7400.9V, dated August 9, 2011, Docket No. 12–AEA–4.’’ The postcard and effective September 15, 2011, which ACTION: Notice of proposed rulemaking will be date/time stamped and returned is incorporated by reference in 14 CFR (NPRM). to the commenter. 71.1. The Class E airspace designation

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listed in this document will be Authority: 49 U.S.C. 106(g); 40103, 40113, DEPARTMENT OF HEALTH AND published subsequently in the Order. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– HUMAN SERVICES The FAA has determined that this 1963 Comp., p. 389. Food and Drug Administration proposed regulation only involves an § 71.1 [Amended] established body of technical regulations for which frequent and 2. The incorporation by reference in 21 CFR Part 172 routine amendments are necessary to 14 CFR 71.1 of Federal Aviation keep them operationally current. It, Administration Order 7400.9V, Airspace [Docket No. FDA–2012–F–0480] therefore, (1) is not a ‘‘significant Designations and Reporting Points, regulatory action’’ under Executive dated August 9, 2011, effective Gruma Corporation, Spina Bifida Order 12866; (2) is not a ‘‘significant September 15, 2011, is amended as Association, March of Dimes rule’’ under DOT Regulatory Policies follows: Foundation, American Academy of and Procedures (44 FR 11034; February Pediatrics, Royal DSM N.V., and Paragraph 6005 Class E airspace areas 26, 1979); and (3) does not warrant National Council of La Raza; Filing of preparation of a Regulatory Evaluation extending upward from 700 feet or more above the surface of the earth. Food Additive Petition; Correction as the anticipated impact is so minimal. Since this is a routine matter that will * * * * * AGENCY: Food and Drug Administration, only affect air traffic procedures and air AEA PA E5 Wilkes-Barre, PA [Amended] HHS. navigation, it is certified that this proposed rule, when promulgated, Wilkes-Barre/Scranton International Airport ACTION: Notice of petition; correction. (Lat. 41°20′19″ N., long. 75°43′24″ W.) would not have a significant economic BARTY LOM impact on a substantial number of small SUMMARY: The Food and drug (Lat. 41°16′37″ N., long. 75°46′32″ W.) entities under the criteria of the Administration (FDA) is correcting a Wilkes-Barre/Scranton International ILS Regulatory Flexibility Act. notice that appeared in the Federal Localizer Northeast Course Register of June 13, 2012 (77 FR 35317). The FAA’s authority to issue rules (Lat. 41°19′54″ N., long. 75°43′49″ W.) regarding aviation safety is found in Wilkes-Barre Wyoming Valley Airport The document announced that Gruma Title 49 of the United States Code. (Lat. 41°17′50″ N., long.. 75°51′09″ W.) Corporation, Spina Bifida Association, Subtitle I, Section 106 describes the Wyoming Valley Medical Center March of Dimes Foundation, American authority of the FAA Administrator. (Lat. 41°15′45″ N., long. 75°48′40″ W.) Academy of Pediatrics, Royal DSM N.V., Subtitle VII, Aviation Programs, ZIGAL Waypoint and National Council of La Raza had describes in more detail the scope of the (Lat. 41°16′08″ N., long. 75°48′36″ W.) jointly filed a petition proposing that agency’s authority. This proposed Community Medical Center, Scranton, PA the food additive regulations be rulemaking is promulgated under the (Lat. 41°24′00″ N., long. 75°38′49″ W.) amended to provide for the safe use of authority described in Subtitle VII, Part, ZESMA Waypoint folic acid in corn masa flour. The A, Subpart I, Section 40103. Under that (Lat. 41°24′00″ N., long. 75°39′39″ W.) document was published with an error section, the FAA is charged with Hanover Township Fire Station #5 Heliport in the title of the document signer’s ° ′ ″ ° ′ ″ prescribing regulations to assign the use (Lat. 41 14 08 N., long. 75 56 03 W.) signature. This document corrects that of airspace necessary to ensure the ZIDKA Waypoint error. safety of aircraft and the efficient use of (Lat. 41°14′14″ N., long. 75°55′12″ W.) airspace. This proposed regulation is That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: within the scope of that authority as it feet above the surface of the Earth within a Joyce Strong, Food and Drug would amend Class E airspace at 6.7-mile radius of Wilkes-Barre/Scranton Administration, 10903 New Hampshire Wilkes-Barre Wyoming Valley Airport, International Airport and within 3.1 miles Ave., Bldg. 32, rm. 3208, Silver Spring, Wilkes-Barre, PA. each side of the Wilkes-Barre/Scranton MD 20993, 301–796–9148. This proposal will be subject to an International Airport Localizer southwest SUPPLEMENTARY INFORMATION: environmental analysis in accordance course extending from the BARTY LOM to 10 In FR Doc. with FAA Order 1050.1E, miles southwest of the LOM, and within 4.4 2012–14263, appearing on page 35317 ‘‘Environmental Impacts: Policies and miles each side of the Wilkes-Barre/Scranton in the Federal Register of Wednesday, Procedures’’ prior to any FAA final International Airport Localizer to 11.8 miles June 13, 2012 the following correction is regulatory action. northeast of the Localizer; and within an made: 11.6-mile radius of Wilkes-Barre Wyoming On page 35317, in the third column Lists of Subjects in 14 CFR Part 71 Valley Airport, and including that airspace at the end of the document, Dennis M. Airspace, Incorporation by reference, within a 6-mile radius of each of the Point Keefe is incorrectly listed as the ‘‘Acting Navigation (air). in Space Waypoints ZIGAL, ZESMA, and Director’’ of the Office of Food Safety, ZIDKA serving the Wyoming Medical Center, Center for Food Safety and Applied The Proposed Amendment the Community Medical Center, and the Hanover Township Fire Station #5 Heliport. Nutrition. His title is corrected to read In consideration of the foregoing, the ‘‘Director, Office of Food Additive Federal Aviation Administration Issued in College Park, Georgia, on July 9, Safety, Center for Food Safety and proposes to amend 14 CFR part 71 as 2012. Applied Nutrition’’. follows: Barry A. Knight, Dated: June 12, 2012. Manager, Operations Support Group, Eastern PART 71—DESIGNATION OF CLASS A, Service Center, Air Traffic Organization. Dennis M. Keefe, B, C, D, AND E AIRSPACE AREAS; AIR [FR Doc. 2012–17500 Filed 7–17–12; 8:45 am] Director, Office of Food Additive Safety, TRAFFIC SERVICE ROUTES; AND Center for Food Safety and Applied Nutrition. BILLING CODE 4910–13–P REPORTING POINTS [FR Doc. 2012–17432 Filed 7–17–12; 8:45 am] 1. The authority citation for Part 71 BILLING CODE 4160–01–P continues to read as follows:

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DEPARTMENT OF THE INTERIOR space-available basis. Minutes of this comments received will be available for meeting will be available for public public inspection in the Office of Office of Natural Resources Revenue inspection and copying at our offices in Regulation Policy and Management, Building 85 on the Denver Federal Room 1063B, between the hours of 8:00 30 CFR Part 1206 Center in Lakewood, Colorado, or are a.m. and 4:30 p.m., Monday through _ _ [Docket No. ONRR–2011–0007] available at www.onrr.gov/Laws R D/ Friday (except holidays). Please call IONR. ONRR conducts these meetings (202) 461–4902 (this is not a toll-free Indian Oil Valuation Negotiated under the authority of the Federal number) for an appointment. In Rulemaking Committee Advisory Committee Act (Pub. L. 92– addition, during the comment period, 463, 5 U.S.C., Appendix 2, Section 1 et comments may be viewed online AGENCY: Office of Natural Resources seq.). through the Federal Docket Management Revenue, Interior. Dated: July 12, 2012. System at http://www.Regulations.gov. ACTION: Notice of meeting. Gregory J. Gould, FOR FURTHER INFORMATION CONTACT: SUMMARY: The Office of Natural Director, Office of Natural Resources Karen Malebranche, Veterans Health Resources Revenue (ONRR) announces Revenue. Administration, Office of Interagency additional meetings for the Indian Oil [FR Doc. 2012–17511 Filed 7–17–12; 8:45 am] Health Affairs (10P5), 810 Vermont Valuation Negotiated Rulemaking BILLING CODE 4310–T2–P Avenue NW., Washington, DC 20420, Committee (Committee). The third telephone (202) 461–6001. (This is not through sixth meetings of the a toll-free number.) Committee will take place on August 1 DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION: On May 5, and 2, September 5 and 6, October 24 AFFAIRS 2010, the President signed into law the and 25, and December 11 and 12, 2012, Caregivers and Veterans Omnibus in Building 85 of the Denver Federal 38 CFR Part 64 Health Services Act of 2010 (2010 Act), Public Law 111–163. Section 506(a) of Center. The Committee membership RIN 2900–AO35 includes representatives from Indian the 2010 Act, codified at 38 U.S.C. 523 tribes, individual Indian mineral owner Grants for the Rural Veterans note, requires VA to establish a pilot organizations, minerals industry Coordination Pilot (RVCP) program to assess the feasibility and representatives, and other Federal advisability of using community-based bureaus. The public will have the AGENCY: Department of Veterans Affairs. organizations and local and State opportunity to comment between 3:45 ACTION: Proposed rule. government entities to: p.m. and 4:45 p.m. Mountain Time on • Increase the coordination of SUMMARY: The Department of Veterans August 1, 2012; September 5, 2012; community, local, State, and Federal Affairs (VA) proposes to establish a pilot October 24, 2012; and December 11, providers of health care and benefits for program, known as the Rural Veterans 2012. veterans to assist veterans who are Coordination Pilot (RVCP), to provide transitioning from military service to DATES: Wednesday and Thursday, grants to eligible community-based civilian life in such transition; August 1 and 2, 2012; Wednesday and organizations and local and State • Increase the availability of high Thursday, September 5 and 6, 2012; government entities to be used by these quality medical and mental health Wednesday and Thursday, October 24 organizations and entities to assist services to veterans transitioning from and 25, 2012; and Tuesday and veterans and their families who are military service to civilian life; Wednesday, December 11 and 12, 2012. transitioning from military service to • Provide assistance to families of All meetings will run from 8:30 a.m. to civilian life in rural or underserved veterans who are transitioning from 5:00 p.m. Mountain Time for all dates. communities. VA would use military service to civilian life to help ADDRESSES: ONRR will hold the information obtained through the pilot such families adjust to such transition; meetings at the Denver Federal Center, to evaluate the effectiveness of using and 6th Ave and Kipling, Bldg. 85 community-based organizations and • Provide outreach to veterans and Auditorium, Lakewood, CO 80225. local and State government entities to their families to inform them about the FOR FURTHER INFORMATION CONTACT: Mr. improve the provision of services to availability of benefits and connect Karl Wunderlich, ONRR, at (303) 231– transitioning veterans and their families. them with appropriate care and benefit 3663; or (303) 231–3744 via fax; or via Five RVCP grants would be awarded for programs. email [email protected]. a 2-year period in discrete rural In addition, section 506(c)(2) instructs SUPPLEMENTARY INFORMATION: ONRR locations pursuant to a Notice of Funds VA to carry out the program in five formed the Committee on December 8, Availability (NOFA) to be published in locations to be selected by the Secretary 2011, to develop specific the Federal Register. of Veterans Affairs. In selecting recommendations regarding proposed DATES: Comments must be received by locations, section 506 requires VA to revisions to the existing regulations for VA on or before September 17, 2012. consider sites in: oil production from Indian leases, ADDRESSES: Written comments may be • Rural areas; especially the major portion submitted through http:// • Areas with populations that have a requirement. The Committee includes www.Regulations.gov by mail or hand high proportion of minority group representatives of parties that the final delivery to the Director, Regulations representation; rule will affect. It will act solely in an Management (02REG), Department of • Areas with populations that have a advisory capacity to ONRR and will Veterans Affairs, 810 Vermont Avenue high proportion of individuals who neither exercise program management NW., Room 1068, Washington, DC have limited access to health care; and responsibility nor make decisions 20420; or by fax to (202) 273–9026. • Areas that are not in close directly affecting the matters on which Comments should indicate that they are proximity to an active duty military it provides advice. submitted in response to ‘‘RIN 2900– installation. Meetings are open to the public AO35, Grants for the Rural Veterans This rulemaking proposes regulations without advanced registration on a Coordination Pilot (RVCP).’’ Copies of to implement this statutory mandate by

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establishing a 2-year pilot program to be are the organizations and entities containing important information about known as the ‘‘Rural Veterans identified in section 506 of the 2010 Act the RVCP grant application process, in Coordination Pilot’’ and by its acronym as the possible recipients of grants accordance with proposed § 64.8. ‘‘RVCP.’’ under the RVCP. An eligible entity A ‘‘participant’’ would be defined as Under the RVCP, VA would award would be identified as the legal entity a veteran or a member of a veteran’s grants to eligible entities that propose to whose employer identification number family who receives services for which provide assistance to certain veterans is on the Application for Federal an RVCP grant is awarded. and their families who are making the Assistance (SF 424), even if only a To define ‘‘rural,’’ VA proposes to rely transition from military service to particular component of the entity is on information compiled and provided civilian life in rural or underserved applying for the RVCP grant. This by the U.S. Census Bureau in communities; specifically, veterans would help ensure the integrity of the identifying rural communities. The covered under the pilot program are program because it would enable VA to Census Bureau’s classification of ‘‘rural’’ those who were discharged or released evaluate the applicant organization as consists of all territory, population, and from service up to 2 years prior to the part of the larger entity, and would help housing units located outside of date funds are awarded to the grantee. ensure a broader distribution of grant urbanized areas and urban clusters. In section 506(g) of the 2010 Act, funds because VA would not award Interested parties are referred to the Congress required VA to report on the more than one grant to any one eligible Census Bureau’s Web site (http:// experience of the RVCP, including an entity. www.census.gov/geo/www/ua/ assessment of its benefits to veterans A ‘‘grantee’’ would be defined as a ua_2k.html) for additional information. and the advisability of continuing the recipient of an RVCP grant, in other Section 506 offers no specialized pilot program. Because VA must make words, an applicant that is awarded an meaning of the term, and therefore, we this report within 180 days following RVCP grant. believe it is rational to use the definition the completion of this pilot, VA We propose to define having ‘‘limited provided by the U.S. Census Bureau. proposes to offer grants that would be access to health care’’ as residing in an This definition would ensure that grant available for the 2-year period of the area identified by the Health Resources funds assist persons in the types of areas pilot and to require strict adherence to and Services Administration of the U.S. contemplated by section 506(c)(2)(A) of the reporting deadlines established. Department of Health and Human the 2010 Act. Services (HHS) as being a medically The ‘‘Rural Veterans Coordination 64.0 Purpose and Scope underserved area or having a medically Pilot,’’ or ‘‘RVCP,’’ refers to the pilot Proposed § 64.0 would set forth the underserved population. HHS defines grant program authorized by section 506 purpose of the RVCP and the scope of medically underserved areas or of the 2010 Act. part 64. The purpose of the RVCP is to populations as having ‘‘too few primary We propose to define ‘‘State provide grants to community-based care providers, high infant mortality, government’’ as any of the fifty States of organizations and local and State high poverty and/or high elderly the United States, the District of government entities to be used to assist population.’’ Areas that meet these Columbia, the Commonwealth of Puerto veterans who are transitioning from criteria can be found on HHS’s list of Rico, any territory or possession of the military service to civilian life in rural medically underserved communities United States, or any agency or or underserved communities and the published on their interactive Web site instrumentality of a State government. families of such veterans. Proposed part at http://muafind.hrsa.gov. This This definition is consistent with the 64 would apply only to the RVCP. definition would ensure that grant funds plain language meaning of the term and assist persons in the types of areas its use in section 506 of the 2010 Act. 64.2 Definitions contemplated by section 506 of the 2010 We propose to define ‘‘underserved Proposed § 64.2 would define terms Act, i.e., ‘‘areas with populations that communities’’ as those areas that have applicable to § 64.0 through § 64.18 and have a high proportion of individuals a high proportion of minority group to the NOFA that will be published in who have limited access to health care.’’ representation, have a high proportion the Federal Register, as required by We propose to define ‘‘local of individuals who have limited access proposed § 64.8. government’’ as a county, municipality, to health care, or have no active duty We propose to define ‘‘applicant’’ as city, town, township, or regional military installation that is reasonably an eligible entity that submits an government or its components. This accessible to the community. Section application for a grant as announced in definition is consistent with the plain 506 of the 2010 Act directs VA to a NOFA. Any eligible entity would language of section 506. consider making RVCP grants available become an applicant by submitting an For purposes of the RVCP, VA in such communities. We propose to application. proposes to use the definition of refer to these communities collectively ‘‘Community-based organization’’ ‘‘[m]inority group member’’ found at 38 as ‘‘underserved communities’’ because would be defined as a group that U.S.C. 544(d). This definition includes these areas have been identified as represents a community or a significant individuals who are Asian American, lacking in medical and other services segment of a community and that is Black, Hispanic, Native American that are available to individuals in other engaged in meeting community needs. (including American Indian, Alaskan areas. Use of a single term to identify This definition would ensure that grant Native, and Native Hawaiian), or these areas would make reference to funds are used to reach smaller groups Pacific-Islander American. There is no them in these regulations easier and that are able to operate within reason to interpret ‘‘minority group’’ as more efficient. communities and to reach veterans and/ used in section 506 of the 2010 Act in Section 506(c)(2)(D) requires VA to or their families in areas that are harder a manner other than as used for other consider ‘‘areas that are not in close for VA to reach through existing means, title 38 programs or activities. proximity to an active duty military which is the Congressional intent A ‘‘Notice of Funds Availability,’’ or installation.’’ We interpret ‘‘close behind section 506. ‘‘NOFA,’’ would be defined as the proximity’’ to mean something other An ‘‘eligible entity’’ would be defined notice published by VA in the Federal than a mere distance. VA recognizes as a community-based organization or a Register alerting eligible entities of the that the geography surrounding any local or State government entity. These availability of RVCP grants and given military installation will vary, and

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that geographical and transportation definition is representative of the family otherwise eligible entities to qualify for barriers may affect the time that it takes unit of many transitioning veterans RVCP grants. to reach a military installation which, today. We do not propose to provide Proposed paragraph (e) would specify by simple mileage count, may be in services under this pilot program to that no participant would be charged a close proximity. For example, some family members who do not reside in fee for any services provided by a rural areas are functionally more remote the veteran’s primary residence, such as grantee under the RVCP grant and than others owing to issues such as separated or divorced spouses, would not be required to participate in geographic features (e.g., mountainous surviving spouses, or children who any other activities sponsored by a regions, lakes, major rivers) and primarily reside with the other parent, grantee as a condition of receiving seasonal restrictions (e.g., limited ferry because these individuals are less likely assistance under the RVCP grant. service, closed roads or bridges, reduced to be experiencing the effects of Grantees would be expected to provide flights). Therefore, we would refer in the transition or may have other resources the services for which the RVCP grants definition of ‘‘underserved available to assist them. Moreover, we are made to the participant without communities’’ to areas that ‘‘have no note that this definition of family is charge or condition. active duty military installation that is consistent with the definition set out in 64.6 Permissible Uses of RVCP Grants reasonably accessible to the section 101 of the 2010 Act governing community,’’ in order to emphasize that assistance and support services for In proposed § 64.6, we would define it is accessibility, not solely distance, caregivers (see 38 U.S.C. 1720G(d)(3)). the permissible uses of RVCP grants. In that would be used to determine general, as provided in section 506 of whether a particular location is 64.4 RVCP Grants—General the 2010 Act, RVCP grants would be appropriate for RVCP funding. Proposed § 64.4 would provide used to increase the coordination of health care and benefits for transitioning We propose to define a ‘‘veteran who general information pertaining to RVCP veterans, to increase the availability of is transitioning from military service to grants. Section 506(c)(1) of the 2010 Act high quality medical and mental health civilian life’’ as one who is leaving directs VA to carry out the RVCP in five services to transitioning veterans, to active military, naval, or air service in locations. To meet this requirement, in provide assistance to families of the Armed Forces to return to life as a § 64.4(a) and (b), we propose to award transitioning veterans, and to provide civilian. To ensure that RVCP funds are a total of five RVCP grants to eligible outreach to veterans and their families. used to assist veterans and their families entities and to limit the awards to one We would provide specific examples of who are actively transitioning, i.e., who grant per eligible entity and one grant each of these purposes in § 64.6(a). are experiencing the acute effects of the for each pilot project location. For this These examples are intended to be change in lifestyle, we would limit the purpose we hope to gather evidence on term to veterans who have been guidance to potential applicants and not the effectiveness of community-based an exclusive list. We propose to require discharged or released from service not organizations and local and State more than 2 years prior to the date on that at least 90 percent of the RVCP government entities in various locations grant be used for these purposes. The which an RVCP grant is awarded. In in increasing the availability and section 506, Congress directs VA to use reason that we provide examples is to coordination of care and benefits offer guidance; VA would encourage this pilot to assess the feasibility and available to transitioning veterans and advisability of using these organizations highly innovative RVCP grant projects their families at all levels (i.e., at the and would allow use of grant funds to and entities to assist in providing local, State, and Federal levels) and benefits and assistance to veterans and evaluate new strategies in each of these providing assistance and outreach their families ‘‘who are transitioning areas, and we reemphasize that we do services to these veterans and their from military service to civilian life.’’ not intend these examples to limit families to help them transition We believe that the initial 2 years after applicants’ attempts to provide creative, successfully to civilian life. discharge or release pose the greatest innovative ways to reach the goals challenge to veterans and their families In proposed § 64.4(c), we propose that stated in paragraphs (a)(1) through (4). as they relocate and readjust to the each RVCP grant award would be for a Under proposed § 64.6(b), grantees civilian way of life. maximum period of 2 years, which is would be required to limit the use of the We would use ‘‘VA’’ to refer to the the length of the RVCP under section RVCP funds for the indirect costs of U.S. Department of Veterans Affairs for 506 of the 2010 Act. To maximize the doing business to no more than 10 purposes of ease and readability. effectiveness of the pilot, we propose percent of the RVCP grant awarded to We propose to define a ‘‘veteran’’ as that the date on which the 2 years the grantee. These costs would include a person who served in the active would begin would be the date on those expenses of doing business that military, naval, or air service and who which the RVCP grants are awarded. No are not identified directly with the was discharged or released under extensions or renewals would be services provided using the RVCP grant conditions other than dishonorable. available as the RVCP would end 2 but are necessary for the general This definition is consistent with 38 years after the date the awards are operation of the grantee organization. U.S.C. 101(2) and the use of the term in granted. We recognize that applicants would other VA benefit programs. In proposed § 64.4(d), we state that a incur such costs to fulfill any proposal. We propose to define the ‘‘veteran’s grantee would not be required to Limiting the amount that would be used family’’ as those individuals who reside provide matching funds as a condition to cover these costs would ensure that with the veteran in the veteran’s of receiving an RVCP grant. Our goal RVCP grants are used primarily for the primary residence. These individuals with this pilot is, in part, to assess how benefit of transitioning veterans and may include a parent, a spouse, a child, eligible entities in target areas that their families. We believe 10 percent of a step-family member, an extended currently lack the resources needed to the total grant awarded is fair and family member, and individuals who assist transitioning veterans and their reasonable because we anticipate that reside in the home with the families might be able to provide them many of the entities who would apply transitioning veteran but are not a with needed assistance were additional for these grants are already actively member of the family of the resources available. Requiring matching working to assist veterans and their transitioning veteran. We believe this funds could negate the ability of families in the target communities, but

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they may lack the funding necessary to using the forms identified in the NOFA having a working knowledge of VA be fully effective or to increase the reach and available through Grants.gov. health care and benefits and the means of their services. In these cases, by Proposed § 64.10(b)(1) through (b)(5) by which those benefits are delivered, allowing 10 percent to be used for would require submission of detailed we realize that applicants may need to indirect costs, we provide a mechanism information on the project that is being work closely with numerous sources, for these entities to increase their proposed. In particular, applicants including local VSOs, VA Regional services and recover any additional would be required to describe the Offices, and VA Medical Centers, as costs of recordkeeping and reporting services to be provided, including well as the RVCP office, in designing necessitated by the terms of the grant which of the permissible uses in their proposals. Such interactions may award. § 64.6(a) the proposed services are help applicants to better understand the intended to address, the need for those scope of VA benefits available to 64.8 Notice of Funds Availability services in the proposed project veterans and their families, to identify (NOFA) location, and why the location qualifies areas that need improvement in the Proposed § 64.8 would describe the as rural or an underserved community. locations they propose to serve, and to method VA would use to announce the The applicants also would be required identify necessary procedures and availability of the five RVCP grants. VA to provide certain information about documentation that would be required proposes to publish a NOFA in the their experience in providing the to assist transitioning veterans and their Federal Register when funds are proposed services, and how they would families access appropriate care and available to award RVCP grants. The monitor and evaluate their compliance. benefits. Notwithstanding the noted NOFA would direct eligible entities to These elements are critical to VA’s value of such contact, we would require the Grants.gov portal, which is used for ability to determine whether the that all direct communication with VA Federal grant programs, and would applicant is proposing a project that or VSOs in preparation of the indicate the forms available on that site would assist veterans and their families application must be disclosed in the that applicants would be required to as they transition from military service application packet to assist RVCP use. The NOFA also would specify the to civilian life, particularly those who managers in identifying any potential date, time, and place for submitting are located in rural and underserved conflict of interest on the part of completed RVCP grant applications, the areas and most in need of this application reviewers. These disclosures estimated amount of funds that would assistance. would also help reviewers assess the be available for all RVCP grants, and the In proposed § 64.10(b)(6), we would applicant’s readiness and likelihood of maximum amount available for an require documentation of the project success. RVCP grant to a single entity. The applicant’s ability to administer the The NOFA would also provide the NOFA would state the points required project, given the limitation on use of Internet address of VA’s RVCP technical for each category listed in § 64.12 and funds from the RVCP grant for indirect assistance Web page and VA fully the minimum number of total points costs of doing business which, under expects that applicants would take necessary for an application to qualify proposed § 64.6(b), can be only up to 10 advantage of this assistance to design for potential funding, and the dates by percent of the total grant amount. In the strongest possible proposals to which scoring would be completed and light of this limitation, VA would reasonably meet the expectations of the applicants notified. VA would state in require each applicant to provide RVCP. We are not seeking disclosure of the NOFA the timeframes and manner documentation of its capacity to manage Web site access (either RVCP Web site in which payments would be made to the project, including a plan to or other VA developed public sites). successful applicants. The NOFA would continuously assess participant need for Paragraph (b)(8) would allow VA to include any additional information the services proposed and the ability to specify additional requirements in the necessary to complete the application respond to any changes by adjusting the NOFA. This would help us tailor the process for an RVCP grant. To ensure services provided within the scope of NOFA as VA deems necessary. that applicants have all the resources the project. Applicants would also be 64.12 Scoring and Selection necessary to them, VA would include required to allow coordination and information in the NOFA informing customization of services to meet the In proposed § 64.12, we would eligible entities how to contact VA for identified need of the participants. establish general scoring criteria and the clarification or assistance. Applicants must also clearly define how method for selection of grantees. they plan to comply with the Applications must be complete, as set 64.10 Application requirements of the RVCP, including the forth in § 64.10(b), and received by the RVCP grant application procedures submission of timely reports. Requiring deadline stated in the NOFA. Scores for are addressed in proposed § 64.10. As the applicants to submit this very each application would be based on the stated in proposed § 64.8, VA would detailed information would provide criteria set forth in proposed paragraphs provide relevant information about an evidence not only of their ability to (a)(1) through (a)(6). These proposed available RVCP grant by publishing a follow through on the proposed project, categories are weighted according to NOFA in the Federal Register. Under but also the extent to which they have their importance in ensuring the proposed § 64.10(a), applications would considered all aspects of planning and successful development and operation be accepted only through the Grants.gov providing the proposed services and the of a project that meets the intent of the Web site. This is the easiest and most necessary data management to facilitate RVCP. A maximum of 100 points would efficient way to process grant timely and accurate reports. In proposed be possible and the decision of VA applications and should be familiar to § 64.10(b)(7), we would require that regarding scoring and selection would many of the types of eligible entities applicants disclose any assistance be final. likely to submit an application. received from or any consultation with Applicants would be scored, under In proposed § 64.10(b), we propose to VA or Veterans Service Organizations proposed § 64.12(a)(1), on experience in define the elements of a complete (VSO) in the preparation of the RVCP providing the services that are proposed application. In general, a complete grant application. Because successful in the application. An applicant may be application requires the submission of applications for grants under the awarded up to 10 points by providing information contained in this section, program would depend on the applicant sufficient information to assure VA of

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its established ability to provide the or to an organization that has been Proposed paragraph (b) would set proposed services to the public and/or unable to manage funds, including forth the elements of the agreement. to veterans and their families. Although Federal funds, in the past. The limited Under paragraph (b)(1), the agreement we are encouraging innovation, we duration and amounts of RVCP grants would require the grantee to operate the believe that it is appropriate to offer available for this pilot are not intended project in accordance with the points to applicants who have to help ‘‘grow’’ a local organization but provisions of the RVCP, as set forth in documented success and experience in rather to reward innovative projects this rulemaking, and in accordance with the provision of the proposed services. submitted by local organizations that are the terms of the grant agreement. In proposed § 64.12(a)(2), VA already established, stable, and Proposed paragraphs (b)(2)(i) and proposes to award up to 10 points to immediately ready to provide services (b)(2)(ii) would recognize that VA grants applicants who clearly identify the need to veterans and their families. At the awarded to local and State entities and for the proposed project in the target same time, however, we believe that to non-profit entities are also governed location. Projects that provide other application requirements, such as by 38 CFR parts 43 and 49, respectively, thoroughly defined and researched the complexity of the plan concept in 2 CFR parts 25 and 170, and applicable plans which are innovative and avoid paragraph (a)(3), would also provide Office of Management and Budget repetition of existing projects or ideas information concerning the applicant’s (OMB) regulations and circulars. would be scored more favorably. The ability to complete the project and, Particularly, the determination of purpose of this criterion is to help therefore, we offer only ten points for allowable costs which may be charged ensure that grants are offered to this criterion. to or accounted as a part of a Federally applicants who understand the specific Proposed paragraph § 64.12(a)(6) funded project is controlled by OMB needs of their target location beyond the would provide up to 20 points for the Circular A–122, Cost Principles for Non- basic descriptions of the intended proposed project location identified. VA Profit Organizations (codified at 2 CFR participants that may be described in would evaluate the applicant’s proposed part 230), and by OMB Circular A–87, the NOFA or in general materials location and the documentation Cost Principles for State, Local, and describing the applicant’s organization. provided to ensure that the location is Indian Tribal Governments. These Proposed paragraph § 64.12(a)(3), in rural or underserved, as defined in common rules provide uniform which applications may be awarded up § 64.2. VA is interested in identifying guidance and government-wide terms to 40 points, would evaluate the rural and underserved areas with an and conditions for the management of applicant’s concept and plan for adequate population of transitioning awards and administration of Federal successful implementation of the veterans to allow a proposed grant grants. proposed project. The project project to demonstrate effectiveness in Proposed § 64.14(b)(3) would require description must provide realistic such an area. the grantee to agree to comply with any estimates of time, staffing, and material In proposed § 64.12(b), we describe additional recordkeeping requirements, needs to provide the proposed services. the selection process. Using the scoring including financial records and project Applicants must design a project criteria provided in § 64.12(a), VA monitoring as described in the NOFA, to which focuses on one or more of the would score all complete applications meet the needs of the RVCP. Proposed four permissible uses of the RVCP for submitted by the deadline provided in § 64.14(b)(4) would require that grantees transitioning veterans stated in § 64.6 the NOFA. All applications that receive agree to timely provide any additional (increasing the coordination of health at least the minimum total points and information as requested by VA; for care for veterans; increasing the minimum points per category as stated instance, VA may require additional availability of high quality medical and in the NOFA would be ranked from information to complete its mental health services; providing highest to lowest based on total points congressional reporting requirements or assistance to transitioning families; and/ received. VA would award one RVCP to complete its assessment of the RVCP. or outreach to transitioning veterans and grant to the applicant with the highest Timely and accurate reporting by grant their families). Applicants are scored total score. Each successive grant would recipients is a critical tool by which VA based on how effectively the proposed be awarded to the application with the would evaluate the RVCP and, as project would determine and address next highest total, provided the required by section 506(g) of the 2010 the local needs of transitioning veterans applicant is a unique eligible entity and Act, report to Congress on the in the location to be served without the proposed project is in a different advisability and feasibility of continuing duplicating effective programs already project location than all previously this program. in place. awarded RVCP grants. If the next 64.16 Reporting Under proposed § 64.12(a)(4), VA highest ranked application was would evaluate and award up to 10 submitted by an entity that was already Proposed § 64.16 would establish points for the applicant’s plan of self- awarded an RVCP grant or proposes to grantee reporting requirements to obtain evaluation and monitoring during the deliver services in the same or information necessary to analyze the grant period, as required in overlapping location as a previously performance of a grantee’s project. Each § 64.10(b)(5). Self-evaluation and awarded grant, VA would pass over that report would include, as described in monitoring would help VA ensure that application and evaluate the next proposed § 64.16(a), a summary of the the RVCP funds are being used highest ranking application until an time and resources expended in appropriately and would also assist in application submitted by a unique outreach activities and the outreach our overall assessment of the pilot entity and proposing to serve a different methods used; the number and program required by section 506(g) of location is found. VA would repeat this demographics of the participants served the 2010 Act. until all five RVCP grants have been by the grantee; the types of assistance In proposed § 64.12(a)(5), up to 10 awarded. provided; a full accounting of the grant points would be available for funds received during the quarter, organizational financial fitness. This 64.14 RVCP Grant Agreement detailing amounts expended and the information is important to ensure that Proposed § 64.14(a) would require VA balance remaining at each quarter’s end; funds are not provided to an to draft a grant agreement that would be and results of the grantee’s monitoring organization that is financially unstable executed by VA and the grantee. and any variations from the approved

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grant project. Reports would be required proposed rule. The information Flexibility Act, 5 U.S.C. 601–612. There quarterly, no later than 15 calendar days collection requirements for § 64.10 are would be no negative economic impact following the close of each Federal currently approved by the Office of on any of the eligible entities because fiscal quarter, including the final quarter Management and Budget (OMB) and the grantees would not be required to for which funds are awarded, see have been assigned OMB control provide matching funds to obtain the proposed § 64.16(b). These reports numbers 4040–0003, 4040–0004, 4040– maximum grant allowance. This pilot would be used to verify that grant funds 0006, 4040–0007, 4040–0008, 4040– grant program would not impact a were used appropriately and to assess 0009, and 4040–0010. The reports substantial number of small entities the overall impact of the RVCP program required under § 64.16 would be because only five non-renewable grants and the advisability of continuing the collected only from the five award would be awarded. Therefore, pursuant pilot program. recipients and, therefore, do not to 5 U.S.C. 605(b), this proposed rule is Proposed paragraph (c) would allow constitute a collection of information as exempt from the initial and final VA to request other information or defined in section 3502(3)(A)(i) of the regulatory flexibility analysis documentation as necessary to fully Paperwork Reduction Act of 1995. requirements of sections 603 and 604. assess the success of the project or the Executive Orders 12866 and 13563 RVCP. VA would request information to Unfunded Mandates determine whether grant funds were Executive Orders 12866 and 13563 The Unfunded Mandates Reform Act used appropriately or to gather direct agencies to assess the costs and requires, at 2 U.S.C. 1532, that agencies additional information in the event any benefits of available regulatory prepare an assessment of anticipated part of the required reports submitted by alternatives and, when regulation is costs and benefits before issuing any a grantee is inadequate. necessary, to select regulatory rule that may result in the expenditure approaches that maximize net benefits 64.18 Recovery of Funds by State, local, and tribal governments, (including potential economic, in the aggregate, or by the private sector, Proposed § 64.18(a) would state that environmental, public health and safety of $100 million or more (adjusted VA may terminate an RVCP grant and effects, and other advantages; annually for inflation) in any given year. recover funds from any grantee that distributive impacts; and equity). This proposed rule would have no such does not comply with the terms of the Executive Order 13563 (Improving effect on State, local, and tribal RVCP grant agreement. It would also Regulation and Regulatory Review) governments, or on the private sector. state that VA would first notify the emphasizes the importance of grantee in writing of VA’s intention to quantifying both costs and benefits, Catalog of Federal Domestic Assistance recover the grant funds and afford an reducing costs, harmonizing rules, and At this time there are no Catalog of opportunity for the grantee to respond promoting flexibility. Executive Order Federal Domestic Assistance numbers before making any final decision to 12866 (Regulatory Planning and and titles for the program affected by recover the funds. The grantee would be Review) defines a ‘‘significant this regulation. Catalog of Federal given 30 days starting from the date of regulatory action,’’ which requires Domestic Assistance numbers and titles the notice to provide documentation of review by OMB, as ‘‘any regulatory will be obtained when the program is compliance with the RVCP grant action that is likely to result in a rule established on the Grants.gov Web site. agreement and avoid a recovery action that may: (1) Have an annual effect on by VA. Proposed paragraph (b) would the economy of $100 million or more or Signing Authority specify that if VA makes a final decision adversely affect in a material way the The Secretary of Veterans Affairs, or that action would be taken to recover economy, a sector of the economy, designee, approved this document and grant funds from a grantee, the grantee productivity, competition, jobs, the authorized the undersigned to sign and would be prohibited from receiving environment, public health or safety, or submit the document to the Office of the further grant funds from VA. These State, local, or tribal governments or Federal Register for publication criteria would ensure appropriate use of communities; (2) create a serious electronically as an official document of RVCP funds, ensure the best use of inconsistency or otherwise interfere the Department of Veterans Affairs. John RVCP funds available from VA and with an action taken or planned by R. Gingrich, Chief of Staff, Department protect the RVCP from abuse. another agency; (3) materially alter the of Veterans Affairs, approved this budgetary impact of entitlements, document on July 2, 2012, for Effect of Rulemaking grants, user fees, or loan programs or the publication. The Code of Federal Regulations, as rights and obligations of recipients proposed to be revised by this proposed thereof; or (4) raise novel legal or policy List of Subjects in 38 CFR Part 64 rulemaking, would represent the issues arising out of legal mandates, the Administrative practice and exclusive legal authority on this subject. President’s priorities, or the principles procedure, Disability benefits, Claims, No contrary rules or procedures would set forth in this Executive Order.’’ Government contracts, Grant be authorized. All VA guidance would The economic, interagency, programs—health, Grant programs— be read to conform with this proposed budgetary, legal, and policy veterans, Health care, Health records, rulemaking if possible or, if not implications of this regulatory action Reporting and recordkeeping possible, such guidance would be have been examined and it has been requirements, Veterans. superseded by this rulemaking. determined not to be a significant Dated: July 13, 2012. regulatory action under Executive Order Paperwork Reduction Act William F. Russo, 12866. Although this rule contains Deputy Director, Office of Regulation Policy provisions constituting collections of Regulatory Flexibility Act and Management, Office of the General information, at 38 CFR 64.10, under the The Secretary hereby certifies that Counsel, Department of Veterans Affairs. provisions of the Paperwork Reduction this proposed rule would not have a For the reasons stated in the Act of 1995 (44 U.S.C. 3501–3521), no significant economic impact on a preamble, VA proposes to amend 38 new or proposed revised collections of substantial number of small entities as CFR chapter I by adding part 64 to read information are associated with this they are defined in the Regulatory as follows:

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PART 64—GRANTS FOR THE RURAL Minority group member means an § 64.4 RVCP grants—general. VETERANS COORDINATION PILOT individual who is Asian American; (a) VA will award five RVCP grants to (RVCP) Black; Hispanic; Native American eligible entities as defined in § 64.2. (including American Indian, Alaskan (b) An eligible entity may receive only Sec. Native, and Native Hawaiian); or one RVCP grant, and only one RVCP 64.0 Purpose and scope. Pacific-Islander American. 64.2 Definitions. grant will be awarded in any one pilot Notice of Funds Availability (NOFA) project location (see § 64.12(a)(6)). 64.4 RVCP grants—general. means a Notice published by VA in the 64.6 Permissible uses of RVCP grants. (c) RVCP grants will be awarded for 64.8 Notice of Funds Availability (NOFA). Federal Register alerting eligible a maximum period of 2 years, beginning 64.10 Application. entities of the availability of RVCP on the date on which the RVCP grants 64.12 Scoring and selection. grants and containing important are awarded. They will not be extended 64.14 RVCP grant agreement. information about the RVCP grant or renewable. 64.16 Reporting. application process in accordance with (d) A grantee will not be required to 64.18 Recovery of funds. § 64.8. provide matching funds as a condition Authority: 38 U.S.C. 501, 523 note. Participant means a veteran or a of receiving an RVCP grant. member of a veteran’s family who (e) No participant will be charged a § 64.0 Purpose and scope. receives services for which an RVCP fee for services provided by the grantee (a) Purpose: The Rural Veterans grant is awarded. or be required to participate in other Coordination Pilot (RVCP) program Rural means an area classified as activities sponsored by the grantee as a implements the requirements of section ‘‘rural’’ by the U.S. Census Bureau. condition of receiving services for Rural Veterans Coordination Pilot 506 of the Caregivers and Veterans which the RVCP grant is made. Omnibus Health Services Act of 2010 to (RVCP) refers to the pilot grant program provide grants to community-based authorized by section 506 of the (Authority: 38 U.S.C. 501, 523 note) organizations and local and State Caregivers and Veterans Omnibus § 64.6 Permissible uses of RVCP grants. Health Services Act of 2010. government entities to assist veterans (a) Grantees must maximize the use of who are transitioning from military State government means any of the fifty States of the United States, the RVCP grants by ensuring that at least 90 service to civilian life in rural or percent of funds awarded are used to underserved communities and families District of Columbia, the Commonwealth of Puerto Rico, any provide services designed to aid in the of such veterans. adjustment to civilian life in one or (b) Scope. This part applies only to territory or possession of the United States, or any agency or instrumentality more of the following areas: the administration of the RVCP, unless (1) Increasing coordination of health specifically provided otherwise. of a State government. Underserved communities are areas care and benefits for veterans. Examples (Authority: 38 U.S.C. 501, 523 note) that meet one or more of the following include, but are not limited to, identifying sources of community, local, § 64.2 Definitions. criteria: (1) Have a high proportion of minority State, and Federal health care and For the purpose of this part and any group representation; benefits; obtaining necessary Notice of Funds Availability issued (2) Have a high proportion of applications and assisting veterans in under this part: individuals who have limited access to the preparation of applications for such Applicant means an eligible entity health care; or care and benefits; and identifying and that submits an application for an RVCP (3) Have no active duty military eliminating barriers to receiving grant as announced in a Notice of Funds installation that is reasonably accessible identified benefits. Availability. to the community. (2) Increasing availability of high Community-based organization VA means the U.S. Department of quality medical and mental health means a group that represents a Veterans Affairs. services. Examples include, but are not community or a significant segment of Veteran means a person who served limited to, increasing availability of or a community and is engaged in meeting in active military, naval, or air service, access to insurance or low- or no-cost community needs. who was discharged or released under public or private health care, including Eligible entity means a community- conditions other than dishonorable. out-patient care, preventive care, based organization or local or State Veteran who is transitioning from hospital care, nursing home care, government entity. An eligible entity military service to civilian life means a rehabilitative care, case management, will be identified as the legal entity veteran who is separating from active respite care, and home care; providing whose employer identification number military, naval, or air service in the assistance in accessing or using is on the Application for Federal Armed Forces to return to life as a telehealth services; transporting Assistance (SF 424), even if only a civilian and such veteran’s date of veterans to medical facilities or particular component of the broader discharge or release from active transporting medical or mental health entity is applying for the RVCP grant. military, naval, or air service was not providers to veterans; and providing Grantee means recipient of an RVCP more than 2 years prior to the date on assistance in obtaining necessary grant. which the RVCP grant was awarded. pharmaceuticals, supplies, equipment, Limited access to health care means Veteran’s family means those devices, appliances, and assistive residing in an area identified by the individuals who reside with the veteran technology. Health Resources and Services in the veteran’s primary residence. (3) Providing assistance to families of Administration of the U.S. Department These individuals include a parent, a transitioning veterans. Examples of Health and Human Services as spouse, a child, a step-family member, include, but are not limited to, helping ‘‘medically underserved’’ or having a an extended family member, and obtain medical insurance for family ‘‘medically underserved population.’’ individuals who reside in the home members; helping the family obtain Local government means a county, with the veteran but are not a member suitable housing; providing job-search municipality, city, town, township, or of the family of the veteran. assistance or removing barriers for regional government or its components. (Authority: 38 U.S.C. 501, 523 note) family members seeking employment;

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assisting the family in identifying and (1) A description of the services to be services proposed in the RVCP grant applying to appropriate schools and/or provided and which of the permissible application, particularly in the location child care programs; securing learning uses for RVCP grants outlined in it plans to serve and/or to veterans and aids such as textbooks, computers and § 64.6(a) the services are intended to their families. laboratory supplies; and obtaining fulfill. (2) Need for pilot project (maximum personal financial and legal services. (2) A description, with supporting 10 points). Applicant demonstrates the (4) Outreach to veterans and families. documentation, of the need for the need for the pilot project among Examples include, but are not limited proposed project in the proposed veterans and their families in the to, the provision, development or location, including an estimate, with proposed project location, and provides deployment of various media tools (e.g., supporting documentation, of the evidence of the applicant’s Internet, television, radio, flyers, number of veterans and families that understanding of the unique needs of posters, etc.), activity days, program will be provided services by the veterans and their families in the booths, or other strategies to reach applicant. location to be served. transitioning veterans and their families (3) A description, with supporting (3) Pilot project concept, innovation, in the target community and assist them documentation, of how the proposed and ability to meet VA’s objectives with their transition from military project location qualifies as a rural or an (maximum 40 points). Application service to civilian life. Outreach services underserved community, as defined in shows appropriate concept, size, and may be provided directly by the RVCP this part. scope of the project; provides realistic grantee or the grantee may engage the (4) Documentation evidencing the estimates of time, staffing, and material outreach services of another entity using applicant’s experience in providing the needs to implement the project; and RVCP funds. proposed services, particularly to details the project’s ability to enhance (b) Grantees may use up to 10 percent veterans and their families. the overall services provided, while of the RVCP grant for indirect costs, i.e., (5) Evidence of a clear, realistic, and presenting realistic plans to reduce the expenses of doing business that are measurable program of self-evaluation duplication of benefits and services not readily identified with a particular and monitoring, including a already in place. Application must grant but are necessary for the general documented commitment to remediate describe a comprehensive and well- operation of the grantee organization any identified noncompliance. developed plan to meet one or more of and the conduct of activities it performs. (6) Documentation of the ability of the the permissible uses set out in § 64.6. (Authority: 38 U.S.C. 501, 523 note) applicant to administer the project, including plans to: (4) Pilot project evaluation and § 64.8 Notice of Funds Availability (NOFA). (i) Continuously assess and adapt to monitoring (maximum 10 points). Self- When funds are available for RVCP the needs of participants for services evaluation and monitoring strategy grants, VA will publish a NOFA in the under the RVCP grant; provided in application is reasonable Federal Register and in Grants.gov (ii) Coordinate and customize the and expected to meet requirements of (http://www.grants.gov). The NOFA will provision of services to the identified § 64.10(b)(5). identify: needs of the participants; (5) Organizational finances (a) The location for obtaining RVCP (iii) Comply with and implement the (maximum 10 points). Applicant grant applications, including the requirements of this part throughout the provides documentation that it is specific forms that will be required; term of the RVCP grant; and financially stable, has not defaulted on (b) The date, time, and place for (iv) Complete and submit timely financial obligations, has adequate submitting completed RVCP grant reports of RVCP grant activities. financial and operational controls in applications; (7) A description of any assistance place to assure the proper use of RVCP (c) The estimated total amount of received from or any consultations with grants, and presents a plan for using funds available and the maximum funds VA or Veterans Service Organizations RVCP grants that is cost effective and available to a single grantee; (VSO’s) in the development of the efficient. (d) The minimum number of total proposal being submitted. (6) Pilot project location (maximum points and points per category that an (8) Any additional information 20 points). Applicant documents how applicant must receive to be considered deemed appropriate by VA and set forth the proposed project location meets the for a grant and information regarding in the NOFA. definition of rural or underserved the scoring process; (Authority: 38 U.S.C. 501, 523 note) communities in this part. (e) Any timeframes and manner for (b) Selection of grantees. All complete payments under the RVCP grant; and (The Office of Management and Budget (f) Other information necessary for the applications will be scored using the has approved the information collection criteria in paragraph (a) and ranked in RVCP grant application process, as provisions in this section under control determined by VA, including contact order from highest to lowest total score. numbers 4040–0003, 4040–0004, 4040– VA will rank all applications that information for the office that will 0006, 4040–0007, 4040–0008, 4040– oversee the RVCP within VA. receive at least the minimum number of 0009, and 4040–0010.) points indicated in the NOFA. VA will (Authority: 38 U.S.C. 501, 523 note) § 64.12 Scoring and selection. award one RVCP grant to the highest § 64.10 Application. (a) Scoring. VA will score only scoring application. VA will award (a) To apply for an RVCP grant, complete applications received from RVCP grants to each successive eligible entities must submit to VA a eligible entities by the established application, ranked by total score, complete application package. deadline. Applications will be scored provided the applicant has not been Applications will be accepted only using the following criteria: awarded an RVCP grant for a higher through Grants.gov (http:// (1) Background, organizational scoring application and the proposed www.grants.gov). history, qualifications, and past project is not in the same project (b) A complete RVCP grant performance (maximum 10 points). location as any previously awarded application package includes the Applicant documents a relevant history RVCP grant. following: of successfully providing the type of (Authority: 38 U.S.C. 501, 523 note)

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§ 64.14 RVCP grant agreement. to fully assess project accountability and Dunes aegialian scarab (Aegialia (a) VA will draft an RVCP grant effectiveness. crescenta), Crescent Dunes serican agreement to be executed by VA and the (Authority: 38 U.S.C. 501, 523 note) scarab (Serica ammomenisco), large grantee. aegialian scarab (Aegialia magnifica), (b) The RVCP grant agreement will § 64.18 Recovery of funds. and Giuliani’s dune scarab provide that the grantee agrees to: (a) Recovery of funds. VA may (Pseudocotalpa giulianii). We also (1) Operate the project in accordance terminate a grant agreement with any determined that the petition did not with this part and the terms of the RVCP grantee that does not comply with present substantial information agreement; the terms of the RVCP agreement. VA indicating that listing the other two (2) Abide by the following additional may recover from the grantee any funds species, Hardy’s aegialian scarab requirements: that are not used in accordance with a (Aegialia hardyi) and Sand Mountain (i) Community-based organizations RVCP grant agreement. If VA decides to serican scarab (Serica psammobunus), are subject to the Uniform recover funds, VA will issue to the may be warranted. We therefore Administrative Requirements for Grants grantee a notice of intent to recover initiated status reviews on only the and Agreements with Institutions of RVCP grant funds, and the grantee will Crescent Dunes aegialian scarab, Higher Education, Hospitals, and Other then have 30 days beginning from the Crescent Dunes serican scarab, large Non-Profit Organizations under 38 CFR date of the notice to submit aegialian scarab, and Giuliani’s dune part 49, as well as to OMB Circular A– documentation demonstrating why the scarab. After review of the best available 122, Cost Principles for Non-Profit RVCP grant funds should not be scientific and commercial information, Organizations, codified at 2 CFR part recovered. If the RVCP grantee does not we find that listing these four beetle 230, and 2 CFR parts 25 and 170, if respond or if the grantee responds but species is not warranted at this time. applicable. VA determines the documentation is However, we ask the public to submit to (ii) Local and State government insufficient to establish compliance, VA us any new information that becomes entities are subject to the Uniform will make a final determination as to available concerning the threats to these Administrative Requirements for Grants whether action to recover the RVCP four beetle species or their habitat at any and Cooperative Agreements to State grant funds will be taken. time. and Local Governments under 38 CFR (b) Prohibition of further grants. When DATES: The finding announced in this part 43, as well as to OMB Circular A– VA determines action will be taken to document was made on July 18, 2012. 87, Cost Principles for State, Local, and recover grant funds from a grantee, the ADDRESSES: This finding is available on Indian Tribal Governments, and 2 CFR grantee will be prohibited from the Internet at http:// parts 25 and 170, if applicable. receiving any further RVCP grant funds www.regulations.gov at Docket Number (3) Comply with such other terms and for the duration of the pilot program. FWS–R8–ES–2011–0041. The conditions, including recordkeeping (Authority: 38 U.S.C. 501, 523 note) supporting documentation used in and reports for project monitoring and preparing this finding is available for [FR Doc. 2012–17434 Filed 7–17–12; 8:45 am] evaluation purposes, as VA may public inspection, by appointment, establish for purposes of carrying out BILLING CODE 8320–01–P during normal business hours at the the RVCP in an effective and efficient U.S. Fish and Wildlife Service, Nevada manner and as described in the NOFA; Fish and Wildlife Office, 4701 N. Torrey and DEPARTMENT OF THE INTERIOR Pines Drive, Las Vegas, NV 89130. (4) Provide any necessary additional Fish and Wildlife Service Please submit any new information, information that is requested by VA in materials, comments, or questions the manner and timeframe specified by 50 CFR Part 17 concerning this finding to the above VA. street address. [Docket No. FWS–R8–ES–2011–0041; (Authority: 38 U.S.C. 501, 523 note) FOR FURTHER INFORMATION CONTACT: 4500030113] Edward D. Koch, State Supervisor, § 64.16 Reporting. Endangered and Threatened Wildlife Nevada Fish and Wildlife Office (see (a) Quarterly reports. All grantees and Plants; 12-Month Finding on a ADDRESSES); by telephone at 775–861– must submit to VA quarterly reports Petition To List Six Sand Dune Beetles 6300; or by facsimile at 775–861–6301. based on the Federal fiscal year, which as Endangered or Threatened If you use a telecommunications device include the following information: for the deaf (TDD), please call the (1) Record of time and resources AGENCY: Fish and Wildlife Service, Federal Information Relay Service expended in outreach activities, and the Interior. (FIRS) at 800–877–8339. methods used; ACTION: Notice of 12-month petition SUPPLEMENTARY INFORMATION: (2) The number of participants served, finding. including demographics of this Background population; SUMMARY: We, the U.S. Fish and Section 4(b)(3)(B) of the Act (16 (3) Types of assistance provided; Wildlife Service (Service), announce a U.S.C. 1531 et seq.) requires that, for (4) A full accounting of RVCP grant 12-month finding on a petition to list six any petition to revise the Federal Lists funds received from VA and used or Nevada sand dune beetle species as of Endangered and Threatened Wildlife unused during the quarter; and endangered or threatened and to and Plants that contains substantial (5) Results of routine monitoring and designate critical habitat under the scientific or commercial information any project variations. Endangered Species Act of 1973, as indicating that listing a species may be (b) Submission of reports. Reports amended (Act). In our 90-day finding on warranted, we make a finding within 12 must be submitted to VA no later than this petition (76 FR 47123, August 4, months of the date of receipt of the 15 calendar days after the close of each 2011), we determined that the petition petition. In this finding, we will Federal fiscal quarter. presented substantial information determine that the petitioned action is: (c) Additional reports. VA may indicating that listing may be warranted (1) Not warranted, (2) warranted, or (3) request additional reports to allow VA for four of the six species: Crescent warranted, but the immediate proposal

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of a regulation implementing the warranted. At that time, we initiated a regarded these species as candidates for petitioned action is precluded by other review of the status of these species to listing. pending proposals to determine whether determine if listing these four beetle Species Information species are endangered or threatened, species is warranted. and expeditious progress is being made This notice constitutes the status Taxonomy and Species Description to add or remove qualified species from review on the Crescent Dunes aegialian As a whole, the invertebrates of the Federal Lists of Endangered and scarab, Crescent Dunes serican scarab, Nevada are poorly studied, and there is Threatened Wildlife and Plants. Section large aegialian scarab, and Giuliani’s limited life-history information for these 4(b)(3)(C) of the Act requires that we dune scarab and the 12-month finding sand dune beetle species (NDOW 2006, treat a petition for which the requested on the February 2, 2010, petition to list p. 12). However, the taxonomic action is found to be warranted but these species as endangered or information is available and was precluded as though resubmitted on the threatened and to designate critical reviewed to reach the conclusion that date of such finding, that is, requiring a habitat under the Act. each of these species is a valid taxon. subsequent finding to be made within All four of the beetle species are 12 months. We must publish these 12- Previous Federal Actions taxonomically categorized as follows: month findings in the Federal Register. On August 10, 1978, the Service Kingdom Animalia, Phylum Petition History proposed to list Giuliani’s dune scarab Mandibulata, Class Insecta, Order as threatened, citing the effects of off- Coleoptera, Superfamily Scarabaeoidea, On February 2, 2010, we received a road vehicle (ORV) use (43 FR 35636). petition dated January 29, 2010, from Family Scarabaeidae. The Service stated that ORV activity The Crescent Dunes aegialian scarab WildEarth Guardians (referred to below compacts dead organic matter as the petitioner). The petitioner (Subfamily Aphodiinae, Tribe Aegialiini accumulated on dune slopes and (Brown 1931, pp. 9, 11–12), Aegialia requested that the Service list six prevents its buildup, thereby destroying species of sand dune beetles in Nevada crescenta) was first described in 1977 the larval habitat of the beetle. The (Gordon and Cartwright 1977, pp. 45– as endangered or threatened, and proposed rule also determined that designate critical habitat, under the Act. 47) and genetically analyzed in 1997 there were no State and Federal laws (Porter and Rust 1997, pp. 304, 306, The six beetle species are Hardy’s protecting the species and its habitat. aegialian scarab (Aegialia hardyi), Sand 308). These beetles are 3.75 to 5.00 Included in the proposed rule was a Mountain serican scarab (Serica millimeters (mm) (about 0.19 inch (in)) proposal to designate critical habitat at psammobunus), Crescent Dunes long and 2.05 to 2.70 mm (less than 0.13 Big Dune, Nye County, Nevada. aegialian scarab (A. crescenta), Crescent in) wide (Gordon and Cartwright 1977, Dunes serican scarab (S. On October 1, 1980, the Service p. 45). The adults are dark reddish ammomenisco), large aegialian scarab withdrew the proposal to list Giuliani’s brown with yellowish underside, legs, (A. magnifica), and Giuliani’s dune dune scarab (45 FR 65137). We took this and mouthparts. Little is known about scarab (Pseudocotalpa giulianii). action because, at that time, the larvae of the Crescent Dunes Included in the petition was supporting amendments to the Act mandated that aegialian scarab. information regarding the species’ we withdraw any proposed rules to list The Crescent Dunes serican scarab taxonomy and ecology, historical and species that we had not finalized within (Subfamily Melolonthinae, Tribe current distribution, current status, and 2 years of the proposal. Sericini (Hayes 1929, p. 26), Serica actual and potential causes of decline. In 1984, 1989, and 1991, we ammomenisco) (errantly spelled On March 12, 2010, we acknowledged published notices of review that ammomensico in some texts) was first receipt of the petition in a letter to the identified Crescent Dunes aegialian described in 1987 (Hardy and Andrews petitioner. We informed the petitioner scarab, large aegialian scarab, and 1987, pp. 173–174). The name is that we reviewed the information Giuliani’s dune scarab as candidates derived from the Greek ammo (sand) presented in the petition and under consideration for addition to the and menisco (crescent) and refers to the determined that issuing an emergency List of Endangered and Threatened only place they are known to occur, regulation temporarily listing the Wildlife (49 FR 21664, May 22, 1984; 54 Crescent Dunes. These beetles are 6.5 to species under section 4(b)(7) of the Act FR 554, January 6, 1989; 56 FR 58804, 8.2 mm (0.25 to 0.33 in) long and 3.4 was not necessary. We also stated that November 21, 1991). In each notice of mm (0.13 in) wide (Hardy and Andrews we anticipated making an initial finding review, each beetle was identified as a 1987, p. 173). The adults have a black in fiscal year 2010. category 2 candidate. Category 2 head and thorax with dark brown legs; On August 4, 2011, we made our 90- candidates were those for which the however, their color ranges from pale day finding that the petition did not Service possessed information brown to brownish black (Hardy and present substantial scientific or indicating that listing as endangered or Andrews 1987, p. 173). They are commercial information indicating that threatened was possibly appropriate but recognized by the band of pale hairs listing two of the six beetle species, the for which conclusive data on biological behind the top of the head (clypeus), Hardy’s aegialian scarab and Sand vulnerability and threats were not their relatively light coloration, and the Mountain serican scarab, may be currently available to support a unique genitalia of the males (Hardy warranted (76 FR 47123, August 4, proposed rule. and Andrews 1987, p. 173). Little is 2011). Therefore, no further action is On February 28, 1996, the Service known about larvae of the Crescent required on the petition as it relates to adopted a single category of candidate Dunes serican scarab. these two species. However, we species and no longer considered The large aegialian scarab (Subfamily determined that the petition presented category 2 species as candidates (61 FR Aphodiinae, Tribe Aegialiini (Brown substantial scientific or commercial 7595), thus removing the beetles from 1931, pp. 9, 11–12), Aegialia magnifica) information indicating that listing of the consideration. The decision to stop also was first described by Gordon and other four beetle species, the Crescent considering category 2 species as Cartwright in 1977 (pp. 43–45) and Dunes aegialian scarab, Crescent Dunes candidates was designed to reduce genetically analyzed in 1995 (Porter and serican scarab, large aegialian scarab, confusion about the status of these Rust 1996, pp. 711, 716, 718; 1997, pp. and Giuliani’s dune scarab, may be species and to clarify that we no longer 304, 306, 308). These beetles are 4.40 to

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5.90 mm (about 0.25 in) long and 2.48 (Nachlinger et al. 2001, p. A10–82; pp. 43–45; Porter and Rust 1996, p. 718; to 3.25 mm (less than 0.25 in) wide Service 2012a, pp. 1, 5). Crescent Dunes Service 2011a, pp. 1–12; 2011b p. 1–7; (Gordon and Cartwright 1977, p. 43). is a 402-hectare (ha) (996-acre (ac)) 2012b pp. 1–4). Big Dune is a 305-ha The adults are pale red with yellowish- complex of crescent-shaped sand dunes (753-ac) complex star sand dune located red mouthparts and underside. They located about 19 kilometers (km) (12 16.5 km (10 mi) west of Lathrop Wells, have a smooth upper back and do not miles (mi)) northwest of Tonopah, Nye Nye County, Nevada (NRCS 1998, p. 35, have wings. Little is known about the County, Nevada (NRCS 1972, pp. 23, 55, Map 33). It is formed from prevailing larvae of the large aegialian scarab. Maps 15, 18, 21; 2006a, p. 1). Crescent winds from the northeast (PSI 2009, p. The Giuliani’s dune scarab (Subfamily Dunes is created by prevailing winds F–21); however, the wind directions at Rutelinae, Tribe Rutelini (Hayes 1929, from the northwest, which are primarily Big Dune vary seasonally and are also p. 29), Pseudocotalpa giulianii) was first associated with Pacific Ocean Cell out of the southeast (BLM and DOE described by Hardy in 1974 (pp. 243– winter storms (i.e., El Nin˜ o and La Nin˜ a) 2010, p. 11.1–209). Lava Dune is a 170- 247). These beetles are 17 to 25 mm (Parsons 2010, p. 15). Studies indicate ha (420-ac) dune located 6 km (4.5 mi) (0.75 to 1 in) long and 7 to 10 mm (0.25 that the Crescent Dunes system has east of Big Dune, which was formed to 0.50 in) wide (Hardy 1974 p. 244). moved less than 76 meters (m) (250 feet from sand trapped at the base of an old The adults are light tan with a more (ft)) southeast since 1954 (Parsons 2010, volcanic cinder cone and lava flow yellowish head; the legs are darker tan pp. 18–19). San Antonio Dunes is a 751- (NRCS 2006b, p. 1). with reddish brown feet (tarsi) and ha (1,856-ac) complex of dunes located Based on surveys conducted in claws. Males and females are similar in approximately 24 km (15 mi) north of February 2012, the estimated range of appearance, but easily distinguished by Crescent Dunes at the northern edge of the large aegialian scarab is 490 ha the size of the claws at the end of their the San Antonio Mountains. It is likely (1,212 ac) of BLM-administered land at rear legs; female claws are equal that San Antonio Dunes is created by Big Dune and approximately 200 ha whereas the outer claw of the male is the same prevailing wind that has (494 ac) of BLM-administered land at twice as long as the inner (Rust 1985, p. created Crescent Dunes. Lava Dune (Service 2011a, pp. 3–4; 105). Larvae average 12 mm (0.47 in) in Based on surveys conducted in 2012b, p. 3). The species’ range estimate length and resemble a white grub (Rust January 2012, the current known range is larger than the areas of the dunes (as 1985, p. 108). of the Crescent Dunes serican scarab is indicated above) because the beetle These four beetle species are not restricted to 5,843 ha (14,439 ac) of occurs on the dune and in sandy and vertebrates and therefore the Service’s BLM-administered land at Crescent vegetated areas surrounding the dune. Distinct Vertebrate Population Segment Dunes (at this time it is unknown if it The large aegialian scarab has a patchy policy (61 FR 4722, February 7, 1996) occurs at the nearby San Antonio distribution, but occurs underneath does not apply. Dunes) (Hardy and Andrew 1987, p. every species of live vegetation 178; Gordon and Cartwright 1977, p. 45; throughout the Big Dune area (Service Habitat Hardy and Andrews 1987, p. 173; 2012b p. 2). Many genera of Scarabaeidae in North Service 2012a, p. 1). The species’ range Based on surveys conducted in April American deserts, including these four estimates are larger than the areas of the 2011, the estimated range of the dune beetle species, occur in vegetated, dunes (as indicated above) because the Giuliani’s dune scarab is 307 ha (759 ac) unstable, sandy areas around sand beetles occur on the dune and in sandy of BLM-administered land at Big Dune dunes. The dunes and surrounding areas surrounding the dune. and 200 ha (494 ac) of BLM- unstable, sandy areas are created by It is unknown if the Crescent Dunes administered land at Lava Dune (Service sand that is carried by wind from dry aegialian scarab and the Crescent Dunes 2012b, p. 3). The species’ range estimate lakebeds upwind of the dunes. These serican scarab also occur at sand dunes is larger than the areas of the dunes (as four beetle species burrow and live in on BLM-administered lands near indicated above) because the beetle loose sand, eat decomposed plant Millers, Nevada, and about 40 km (25 occurs on the dune and in sandy areas matter, and mate on live vegetation mi) southwest of the Crescent Dunes. surrounding the dune. The Giuliani’s (Hardy 1971, pp. 240–241; 1976, pp. These dunes are part of the same larger dune scarab has a clumped distribution 301–302; Gordon and Cartwright 1977, dune complex as Crescent Dunes within and uses the north face of the dune p. 42; Hardy and Andrew 1987, p. 178; Big Smoky Valley (BLM and DOE 2010, more heavily than the south and west Rust 1982, pp. 3–4). The beetles need pp. 11.7–60; Service 2012a, p. 1). faces (BLM 2007, p. 4; Boyd 2010, pp. moist sand to protect them from Gordon and Cartwright reported a 2, 6–7). Three other dune complexes temperature extremes (both hot and record for the Crescent Dunes aegialian located near Big Dune and Lava Dune— cold) and drying out (Porter and Rust scarab at Game Range Dunes in Clark the Skeleton Hills, Dumont Dunes, and 1996, p. 709; Service 2012a, p. 3). County, Nevada (1988, p. 18). However, Ibex Dune—have been surveyed for we have no other information Giuliani’s dune scarab, but none were Distribution confirming that the Crescent Dunes found (Hardy and Andrews 1976, pp. 1– The historical range of each of these aegialian scarab occurs anywhere other 44; Rust 1982, p. 2). four beetle species is unknown. It is also than at Crescent Dunes and San Antonio unknown whether the range of any of Dunes. Presence of the Crescent Dunes Biology and Population Abundance the four species has changed since they aegialian scarab at Game Range Dunes is Crescent Dunes Aegialian Scarab and were first described in the 1970s and unlikely because these dunes are Crescent Dunes Serican Scarab—Little 1980s. located approximately 200 km (125 mi) is known about the population Based on surveys conducted in southeast of Crescent Dunes. abundance or biology of the Crescent January 2012, the current known range The current known range of the large Dunes aegialian scarab and Crescent of the Crescent Dunes aegialian scarab is aegialian scarab and Giuliani’s dune Dunes serican scarab. During a survey in limited to 6,594 ha (16,295 ac) of BLM- scarab is restricted to two sand dune January 2012, the Crescent Dunes administered lands at two main sand complexes on BLM-administered aegialian scarab was observed beneath dunes—Crescent Dunes and San lands—Big Dune (also called Amargosa every species of live plant surrounding Antonio Dunes, within a larger dune Dunes) and Lava Dune (Hardy 1974, pp. the dunes, such as Oryzopsis complex in Big Smoky Valley 243–247; Gordon and Cartwright 1977, hymenoides (Indian ricegrass), Atriplex

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spp. (saltbush), and Salsola spp. of Land Management (BLM) marked deposited in sand near shrub roots (Rust (tumbleweed) (Service 2012a, p. 3). The approximately 160 beetles over a 3-week 1982, p. 5). sex ratio of Crescent Dunes aegialian period in April 2011; only one adult Summary of Information Pertaining to scarab at Crescent Dunes was one male beetle was recaptured 1 week after its the Five Factors to one female (Service 2012a, p. 5). We original capture (Service 2011a, p. 4). reviewed other regional sand dune- The adults do not feed (Rust 1982, p. 9), Section 4 of the Act (16 U.S.C. 1533) obligate beetles as surrogates, but did and it is unknown how long they live and implementing regulations (50 CFR not locate life-history information for once they change from a grub (larva) to 424) set forth procedures for adding the Crescent Dunes aegialian scarab and an adult. species to, removing species from, or Crescent Dunes serican scarab (Gordon Hardy (1976, pp. 301–302) reported a reclassifying species on the Federal 1975, pp. 173–175; Gordon and sex ratio of Giuliani’s dune scarabs at Lists of Endangered and Threatened Cartwright 1977, pp. 47–48; Andrews et Big Dune of 1.3 males to 10 females, and Wildlife and Plants. Under section al. 1979, p. 19; Rust 1986, pp. 47–51; Rust (1985, p. 108) reported a ratio of 4(a)(1) of the Act, a species may be Service 1992, pp. 1–5; Britten and Rust 2.5 males to 10 females. In contrast to determined to be endangered or 1996, pp. 649–651; Van Dam and Van these sex ratios, Boyd (2007, p. 3) threatened based on any of the Dam 2006, pp. 31–35). However, it is reported that in a sample of 140 following five factors: likely the Crescent Dunes aegialian Giuliani’s dune scarabs collected at Big (A) The present or threatened scarab has similar life history to the Dune, 136 were male and 4 were female. destruction, modification, or large aegialian scarab because they are Various factors influence the sex ratio of curtailment of its habitat or range; taxonomically related and genetically different samples, such as collection (B) Overutilization for commercial, similar (Porter and Rust 1997, pp. 304, method and timing. recreational, scientific, or educational 306, 308). Attempts to quantify adult population purposes; Large Aegialian Scarab—Both adult structure of Giuliani’s dune scarab, (C) Disease or predation; and larval large aegialian scarabs live including population numbers, have (D) The inadequacy of existing beneath any species of live plant failed (Rust 1985, pp. 106, 108; Murphy regulatory mechanisms; or throughout the Big Dune area, such as 2007, p. 1; Boyd 2010, pp. 3–4). In an (E) Other natural or manmade factors Larrea tridentata (creosote bush) and unpublished report, Rust (1982, p. 5) affecting its continued existence. Salsola spp. (Rust 1995, p. 7; Service estimated that the adult Giuliani’s beetle In considering what factors might 2012b, p. 2). They burrow into loose population at Big Dune was between constitute threats to a species, we must sand to access wet sand (Hardy and 1,000 and 5,000 individuals, but this look beyond the exposure of the species Andrew 1987, p. 175). The year-round estimate was not based on count data. to a particular factor to evaluate whether wet sand is usually 0.5 to 1.0 m (1.6 to In a survey conducted around the the species may respond to that factor 3.3 ft) under the surface. They can be perimeter of Big Dune in 2007, adult in a way that causes actual impacts to located from October to April by sifting Giuliani’s dune scarabs were detected at the species. If there is exposure to a moist sand 8 to 33 centimeters (cm) (3 seven of eight survey sites on April 24, factor and the species responds to 13 in) deep beneath dune plants (Rust and at four of four survey sites on May negatively, the factor may be a threat 1995, p. 6). Adult large aegialian scarabs 1 (Boyd 2010, p. 2). Approximately 800 and, during the status review, we are most active from mid-February to to 1,000 individual Giuliani’s dune attempt to determine how significant a late April. Based on limited reported scarabs were detected on the April 24 threat it is. If the threat is significant, it survey data, we were not able to survey and 140 individuals were may drive or contribute to the risk of estimate population abundance for this collected on May 1 (Boyd 2010, pp. 2– extinction of the species such that the species. In the only reported survey, a 3). Approximately 40 individuals were species warrants listing as endangered combined total of 316 large aegialian detected at Lava Dune on a May 3, 2007, or threatened as those terms are defined scarabs were observed at Big Dune from survey; however, the sampling effort at in the Act. This does not necessarily March to April 2007 (Boyd 2010, pp. 5– Lava Dune was much lower than the require empirical proof of a significant 6). Presence of large aegialian scarabs at sampling effort at Big Dune (Boyd 2010, threat. The combination of exposure and Lava Dune was confirmed, but only p. 3). some corroborating evidence of how the limited sampling occurred on December Larval Giuliani’s dune scarabs also species is likely impacted could suffice. 17, 2007 (Boyd 2010, pp. 9–10). live beneath plants surrounding the However, the mere identification of Giuliani’s Dune Scarab—Adult dune. We found no information on factors that could impact a species Giuliani’s dune scarabs live underneath when the larvae emerge. Larvae are an negatively is not sufficient to compel a vegetation closely surrounding the edge average 12 mm (0.5 in) in length and finding that the species warrants listing. of the large dune, and most commonly take 2 or more years to fully develop The information must include evidence occur under Petalonyx thurberi (Rust 1982, p. 6). Only two Giuliani’s sufficient to suggest that these factors (sandpaper plant) (Rust 1995, p. 6; Boyd dune scarab larvae have been recovered are operative threats that act on the 2010, p. 10). They are only observed and both occurred beneath Petalonyx species to the point that the species aboveground when they emerge for 3 thurberi at a depth of 20 to 40 cm (8 to meets the definition of endangered or weeks from late April to early May. 16 in) (Rust 1982, p. 5; 1985, p. 108). threatened under the Act. A species may They emerge for 5 to 30 minutes each Larvae feed on accumulated plant debris be endangered or threatened based on evening to hover over and mate on at the base of shrubs (Rust 1982, pp. 4– the intensity or severity of one operative shrub vegetation and the sand surface 5; 1985, p. 108; 1995, p. 6; Boyd 2010, threat alone or based on the synergistic (Hardy 1971, pp. 240–241; 1976, pp. p. 10). effect of several operative threats acting 301–302; Rust 1982, pp. 3, 5; Service Eggs of Giuliani’s dune scarab are oval in concert. 2011a, pp. 2–5). Aboveground mating and measure 3.0 to 3.5 mm (0.25 in) In making this finding, we have activity is greatly reduced when it is long by 2.5 to 3.0 mm (0.25 in) wide. considered and evaluated the best cold and windy (Rust 1982, p. 4; 1985 Females examined in 1982 had an available scientific and commercial p. 106; Boyd 2010, p. 4). average of 4.2 eggs (Rust 1982, p. 5). We information pertaining to the Crescent In trying to determine how long adult found no information on egg placement; Dunes aegialian scarab, Crescent Dunes Giuliani’s dune scarabs live, the Bureau however, it is thought that eggs are serican scarab, large aegialian scarab,

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and Giuliani’s dune scarab. We does not authorize surface disturbance. Dunes and four claims at San Antonio examined the petition, information in In order to extract the mineral, the Dunes. Currently, there are no locatable our files, and other published and claimant must file a plan of operation mining claims on Crescent Dunes or San unpublished literature in relation to the (BLM 2011a, p. 29). An approved plan Antonio Dunes. Although it is possible five factors provided in section 4(a)(1) of of operation allows the claimant to that mining claims may be filed in the the Act. Additionally, we solicited obtain surface rights and begin mining future, the low potential for locatable information from the public, but did not operations (BLM 2011a, p. 33). minerals and low number of historical receive any response. We consulted Once a request to develop (extract) claims indicate that such future claims with biologists from the BLM, the any mineral resource, including are unlikely. If development of any Service, and the Nevada Natural locatable, leasable, and salable minerals, mining claims is requested, BLM must Heritage Program. the BLM must go through several steps. evaluate potential effects to these dune Below we summarize the information First, an interdisciplinary team of beetles and adhere to their sensitive regarding the status and threats to the professional resource specialists (e.g., species policy, and the Service would Crescent Dunes aegialian scarab, hydrologists, biologists, geologists, and have the opportunity to provide Crescent Dunes serican scarab, large archeologists) reviews the plan of recommendations to protect these aegialian scarab, and Giuliani’s dune operation. These specialists are able to beetles under the NEPA process. scarab in relation to the five factors in make recommendations on project The areas around Big Dune and Lava section 4(a)(1) of the Act. design and implementation to reduce Dune have no potential for locatable impacts to wildlife, plants, and other minerals (Castor et al. 2006, pp. L2–L3). Factor A. The Present or Threatened resources. Then, the BLM must solicit Prior to 2006, there were 23 mining Destruction, Modification, or input from the public and other Federal claims at Big Dune and 26 claims at Curtailment of Its Habitat or Range agencies on the plan of operation, as Lava Dune. All of these were removed In this section, we describe and required under the National after it was determined there was no evaluate various conditions in relation Environmental Policy Act (NEPA) of potential for locatable minerals (Castor to the present or threatened destruction, 1969, as amended (42 U.S.C. 4321 et et al. 2006, pp. L2–L3). modification, or curtailment of the seq.). Using this input, the BLM may Although there is no potential for habitats and ranges of the four beetle further amend the project’s design and locatable minerals at Lava Dune, species. We identified the following implementation, or it may reject the currently there are 39 gold mining activities as potentially impacting the plan of operation. If the BLM grants the claims on Lava Dune that overlap 29 species’ habitats and ranges: Mining, permit for mineral development, it percent of the range of the large solar development, off-road vehicle maintains discretion over how and aegialian scarab and 40 percent of the recreation, commercial filming, and when these operations proceed through range of the Giuliani’s dune scarab livestock grazing. the terms of the right-of-way (ROW) (BLM serial Nos. NMC 916075 to 916093 and NMC 360591 to 360610, Mining grant under Title V of the Federal Land Policy and Management Act of 1976 (43 filed December 7, 2005). No plans of Mining removes vegetation and soil U.S.C. 1701 et seq.) and the regulations operation have been filed for any of the and alters surface water flows and in parts 2800 and 3000 of title 43 of the mining claims at Lava Dune (BLM infiltration of water. Indirect effects of Code of Federal Regulations (43 CFR 2011b, pp. 1–62). There is no time limit mining, such as establishment of new 2800 and 43 CFR 3000). for the claimant to file a plan of roads to access mines and increased BLM classifies each of the four dune operation, and a claim remains in effect human presence, cause increased beetles addressed in this finding as a as long as the claimant continues to pay vegetation impacts and beetle sensitive species (BLM 2003, p. 6). BLM the annual BLM maintenance fee. displacement. Destruction of vegetation manages sensitive species in accordance No mining claims can be filed at Big around dunes, disturbance of dune with BLM Manual 6840 Release 6–125, Dune until the year 2029, because 777 sand, and disruption of reproductive revised on December 12, 2008 (BLM ha (1,920 ac) of land has been closed to behavior would reduce or eliminate 2008b). BLM defines sensitive species as mining under Secretarial Order 7737 sand dune beetle populations because ‘‘species that require special until that time (74 FR 56657; November the larvae of the beetle use decomposed management or considerations to avoid 2, 2009). This area represents 71 percent organic matter as their primary food potential future listing’’ (BLM 2008b, of the range of the large aegialian scarab source and the adults mate on live Glossary, p. 5). The stated objective for and 60 percent of the range for the vegetation. sensitive species is to initiate proactive Giuliani’s dune scarab. It is possible that There are three different types of conservation measures that reduce or mining claims may be filed at Lava mineral resources on BLM-administered eliminate threats to minimize the Dune; however, it is unlikely because lands: Locatable (such as iron and gold), likelihood of and need for listing under the area has no potential for locatable leasable (typically oil and gas), and the Act (BLM 2008b, Section 6840.02). minerals. If development of any mining salable (common materials such as sand, Conservation, as it applies to BLM claim is requested, BLM must evaluate gravel, clay, and lava rock) (BLM 2011, sensitive species, is defined as ‘‘the use potential effects to these dune beetles p. 10). Locatable minerals are of programs, plans, and management and adhere to their sensitive species ‘‘claimed,’’ while leasable and salable practices to reduce or eliminate threats policy, and the Service would have the minerals are only offered by the BLM affecting the status of the species, or opportunity to provide upon request. improve the condition of the species’ recommendations to protect these A mining claim is an administrative habitat on BLM-administered lands’’ beetles under the NEPA process. action in which a claimant receives a (BLM 2008b, Glossary, p. 2). Leasables—The areas around Crescent possessory right to the subsurface Locatables—The areas around Dunes and San Antonio Dunes (BLM mineral (BLM 2011a, p. 7). The BLM Crescent Dunes and San Antonio Dunes 1997, Map 32), Big Dune, and Lava cannot deny a mining claim because the have low potential for locatable Dune (Castor et al. 2006, pp. L2–L3) General Mining Law of 1872 (30 U.S.C. minerals (BLM 1997, Map 32). have a low potential for leasable 22 et seq.) gives a person a statutory Historically, there have been no minerals. Historically, there have been right to the claim. However, a claim locatable mining claims at Crescent no requests for leasable minerals on

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Crescent Dunes, Big Dune, and Lava ‘‘implementation of the proposed action mining applications at these dunes). In Dune, and two requests on San Antonio may result in severe impacts to the addition, before future mining requests Dunes. Currently, there are no leased candidate species which occur on Big could be developed, the BLM would minerals on Big Dune, Lava Dune, Dune and may threaten their population have to evaluate potential effects to Crescent Dunes, or San Antonio Dunes. status’’ (BLM 2005, p. 1). The BLM only these dune beetles and adhere to their Although it is possible that requests for approved mining on the portions of sensitive species policy, and the Service leasable minerals may be submitted in Lava Dune that were not suitable habitat would be able to provide the future, the low potential for leasable for the large aegialian scarab and recommendations to protect these minerals and low number of historical Giuliani’s dune scarab. In 2005, the beetles under the NEPA process. We requests indicate that such future BLM wildlife biologists recommended conclude that mining at Lava Dune does requests are unlikely. If any mineral the 2001 request not be approved not constitute a current threat to the leases are requested, BLM must evaluate because the area is suitable habitat for large aegialian scarab or Giuliani’s dune potential effects to these dune beetles the large aegialian scarab and Giuliani’s scarab because the active lava rock and adhere to their sensitive species dune scarab and because of our 1993 mining operation is outside of the range policy, and the Service would have the comments (BLM 2005, p. 1; 2006, p. 1; of these two species of beetles, the BLM opportunity to provide 2008, pp. 1–48). During recent has not acted on the pending lava rock recommendations to protect these discussions, the BLM informed us that stockpiling application in 11 years, and beetles under the NEPA process. the 2001 request is pending analysis no plans of development have been Salables—The area around Crescent under NEPA (BLM 2005, p. 1; 2006, p. submitted for the gold mining claims. Dunes is rich in sand. The area around 1; Service 2012b, p. 2). After the request However, if approved, mining lava rock San Antonio Dunes does not have much has been announced to the public, and at Lava Dune would remove up to 15 sand (Service 2012a). Historically, there after the BLM has considered any public percent of the total range for the has been only one request for comments submitted on the request, the Giuliani’s dune scarab (Service 2011b, development of salable minerals at BLM may grant a ROW to the operator p. 4) and 7.5 percent of the total range Crescent Dunes and no requests at San or deny the request. If approved, the for the large aegialian scarab (Service Antonio Dunes. Currently, there are no BLM has discretion over how and when 2012b, pp. 2–3). We do not consider this requests for salable minerals at Crescent these operations proceed. Although this to be a significant threat because there Dunes or San Antonio Dunes. Although request was submitted 11 years ago, is no evidence to indicate that the it is possible that development of there is no time limit for BLM to act on remaining 85 percent of the Giuliani’s salable minerals may be requested at the request under 43 CFR 2900. dune scarab’s range and remaining 92.5 Crescent Dunes or San Antonio Dunes In the future, it is possible that percent of the large aegialian scarab’s in the future, the historical lack of requests to develop salable minerals at range would be insufficient to support requests for salable minerals in the area Big Dune or Lava Dune may be filed the biological needs of these two beetle indicate that such future requests are because these areas are rich in sand and species. unlikely. If development of salable lava rock, although historically there minerals is requested, BLM must have been few requests for development Solar Development evaluate potential effects to these dune of salable minerals in these areas. If Developing land for solar energy beetles and adhere to their sensitive requests for development of salable projects on or near the dunes may species policy, and the Service would minerals are received, the BLM must compact and remove both vegetation have the opportunity to provide evaluate potential effects to these dune and sand, alter surface flows and recommendations to protect these beetles and adhere to their sensitive infiltration of water, and affect beetles under the NEPA process. species policy, and the Service would temperature and wind patterns. Big Dune is rich in sand, while Lava have the opportunity to provide Destruction of vegetation around dunes, Dune is rich in sand and lava rock. recommendations to protect these disturbance of dune sand, and Historically, there has been only one beetles under the NEPA process. disruption of reproductive behavior request for salable minerals at Big Dune There are no active mining operations would reduce or eliminate sand dune and two requests at Lava Dune. at Big Dune, Crescent Dunes, or San beetle populations because the larvae of Currently, there are no requests for Antonio Dunes. Although there is one the four beetle species use decomposed salable mineral development on Big active lava rock mining operation on organic matter as their primary food Dune. Lava Dune (Cind-R–Lite 2011, p. 1), the source and the adults mate on live There is one pending request to mined area occurs on solid rocky vegetation. In addition, sand transport extract lava rock on 74 ha (182 ac) of ground of an old volcanic cinder cone processes and other ecological processes BLM-administered land at Lava Dune (NRCS 2006b, p. 1) and is not suitable that create habitat for these four species (BLM serial no. NVN 074682). This area habitat for the large aegialian scarab or of sand dune beetles may be altered by represents 11 percent of the range of the Giuliani’s dune scarab (Service 2011b, structures blocking the wind (BLM and large aegialian scarab and 15 percent of p. 3). DOE 2010, pp. 11.7–6, 11.7–8, 11.7–43, the range of the Giuliani’s dune scarab. Conclusion—We do not consider 11.7–68, 11.7–115, 11.7–128). Roads The request and plan of operation for mining to be a current or future threat and increased human presence mining lava rock at Lava Dune were to the large aegialian scarab or Giuliani’s associated with solar development submitted on March 9, 2001, and have dune scarab at Big Dune, the Crescent result in indirect effects to dune beetles not been approved or denied. This Dunes serican scarab or Crescent Dunes (e.g., roads and increased human request to extract lava rock on Lava aegialian scarab at Crescent Dunes, or presence may result in increased illegal Dune underwent internal the Crescent Dunes aegialian scarab at ORV use, which impacts beetle habitat). interdisciplinary review in 2005. San Antonio Dunes because of the low There have been no ROW applications Although the Service did not provide likelihood of mineral development at for solar development projects at comments on this proposal, we these areas (the areas are considered to Crescent Dunes or San Antonio Dunes, provided comments on an earlier have low mineral potential, there have except for the solar project currently mining request by the same claimant in been few historical requests for minerals under construction about 1.6 km (1 mi) the same area. In 1993, we stated, in these areas, and there are no current west of Crescent Dunes. The Crescent

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Dunes Solar Energy Project is 655 ha Conclusion—We do not consider solar Station prior to 2008). In 1997, the BLM (1,619 ac) and is located within the energy development to threaten the designated 1,214 ha (3,000 ac) at range of the Crescent Dunes aegialian Crescent Dunes aegialian scarab or Crescent Dunes, which includes all of scarab and Crescent Dunes serican Crescent Dunes serican scarab now or in Crescent Dune’s 402 ha (996 ac), as a scarab (BLM case file no. NVN 086292; the future. Although the Crescent Dunes Special Recreation Management Area BLM 2010, pp. 1–2; 75 FR 81307, Solar Energy Project will remove up to (SRMA) primarily for ORV use. To December 27, 2010; Service 2012a, pp. 10 percent of the total range of the reduce potential impacts to dune beetles 1–8). Construction will remove Crescent Dunes aegialian scarab and 11 and their habitat, BLM prohibited ORV approximately 607 ha (1,500 ac or 2.3 sq percent of the total range of the Crescent use on all vegetated sand areas within mi), which is 10 percent of the total Dunes serican scarab, we do not the Crescent Dunes SRMA (BLM 1997, range of the Crescent Dunes aegialian consider the project a significant threat p. 21). The Crescent Dunes SRMA scarab and 11 percent of the total range to these beetles because there is no encompasses 89 percent of the range for of the Crescent Dunes serican scarab. It evidence to indicate that the remaining the Crescent Dunes aegialian scarab and is unlikely that the Crescent Dunes 90 and 89 percent, respectively, of their 100 percent of the range for the Crescent Solar Energy Project will disrupt sand ranges would be insufficient to support Dunes serican scarab. The beetles live transport processes at Crescent Dunes the biological needs of these species, under live vegetation in loose, sandy because the facility will not block the and the project would not significantly areas. Illegal ORV riding over vegetation prevailing winds. alter sand transport processes. The reduces beetle habitat. To estimate the In addition, the BLM has proposed to proposed solar energy zone near historical loss of vegetation from ORV establish a utility-scale solar energy Crescent Dunes does not overlap the use immediately surrounding Crescent zone about 8.0 km (5 mi) southwest of range of either species and would not Dunes, we reviewed aerial photography Crescent Dunes (Millers Solar Energy disrupt sand transport processes. There of the dunes taken between the 1950s Zone). A solar energy zone is a priority have been no ROW applications for and 2010 (Army Map Service 1952; area within BLM-administered lands solar development at San Antonio 1954; USGS 1970a; 1970b; Google Earth that is suited for utility-scale production Dunes. We do not consider solar energy 1990, 1996, 1997, 2004, and 2010) and of solar energy in accordance with the development to pose a threat to the large conducted a site visit in January 2012. requirements of the Energy Policy Act of aegialian scarab or Giuliani’s dune The vegetation density and distribution 2005 (42 U.S.C. 13201 et seq.) (BLM and scarab now or in the future because at Crescent Dunes appears unchanged DOE 2010, p. 1–8). This proposed solar there have been no ROW applications since the 1950s (Service 2011b, pp. 1– energy zone would not affect the beetles filed at Lava Dune, there are no current 7), and we did not observe any current because it does not overlap the range of applications for solar development at or historical evidence of illegal ORV either species, and it is unlikely that Big Dune, and all previous applications use. solar developments within the solar at Big Dune have been rescinded. It is San Antonio Dunes—San Antonio energy zone would disrupt sand unknown how many, if any, future Dunes is located on BLM-administered transport processes because of the applications for solar development lands managed by the Tonopah Field distance from Crescent Dunes and would occur in these areas. However, if Office. This area is open to unrestricted facilities would not block the prevailing there are any applications, the BLM vehicle use (BLM 1997, pp. 20–21, Map winds (Service 2012a, p. 2; Parsons must evaluate potential effects to these 20). Although San Antonio Dunes is 2010, p. 15). dune beetles and adhere to their open to ORV use, these dunes likely In the future, it is possible that ROW sensitive species policy, and the Service receive relatively little use from ORV applications for solar development may would have the opportunity to provide recreationalists. Because Crescent Dunes be filed at Crescent Dunes and San recommendations to protect these provides more open sand and is closer Antonio dunes; however, if applications beetles under the NEPA process. to Tonopah than San Antonio Dunes for solar development are filed, the BLM (approximately half the distance), San must evaluate potential effects to these Off-Road Recreation Antonio Dunes likely receives less ORV dune beetles and adhere to their Off-road vehicle (ORV) use than does Crescent Dunes. sensitive species policy, and the Service recreationalists currently use both Additionally, we reviewed high- would have the opportunity to provide Crescent Dunes and Big Dune for riding resolution aerial imagery (Google Earth recommendations to protect these and camping. ORV use is prohibited on 2012) and detected no evidence of ORV- beetles under the NEPA process. Lava Dune (BLM 1998, pp. 21, 23–24). user created roads, indicating that ORV Since 2007, there have been five ROW Beetle habitat could be impacted by use is not heavy at San Antonio Dunes. applications for solar development at ORV activity that compacts and Big Dune—Big Dune is located on Big Dune and none at Lava Dune; redistributes sand beneath plants, BLM-administered lands managed by however, all the applications at Big destroys live vegetation, and prevents the Pahrump Field Office (formerly a Dune have been rescinded. It is possible the buildup of decomposed organic portion of the Las Vegas Field Office that solar development projects near Big matter by uncovering dead sticks and prior to 2008) (BLM 1998, pp. 3–41). In Dune or Lava Dune may be proposed in leaves from beneath the vegetation. 1998, the BLM designated 4,694 ha the future but at this time, the best These habitat impacts could reduce or (11,600 ac) around Big Dune as an available information does not indicate eliminate sand dune beetle populations SRMA, which included all of Big Dune, that solar development projects threaten because the adult and larvae of these which is 305 ha (753 ac) (BLM 1998, pp. the large aegialian scarab or Giuliani’s four species of beetle only live under 21, 23–24). Within the SRMA, BLM dune scarab. If applications for solar and mate on live vegetation and use identified 777 ha (1,920 ac) of Big Dune development are filed, the BLM must decomposed organic matter as their as an Area of Critical Environmental evaluate potential effects to these dune primary food source. Concern (ACEC) to support all species beetles and adhere to their sensitive Crescent Dunes—Crescent Dunes is dependent upon dune habitat, with species policy, and the Service would located on BLM-administered lands emphasis on the large aegialian scarab have the opportunity to provide managed by the Tonopah Field Office and Giuliani’s dune scarab (BLM 1988, recommendations to protect these (formerly the Battle Mountain District pp. 1–24; 1998, pp. 7, 11). To protect beetles under the NEPA process. Office, Tonopah Resource Area/Field habitat for the large aegialian scarab and

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Giuliani’s dune scarab and to reduce vegetation changes at Lava Dune from timing of livestock use. However, the potential impacts to the dune beetles ORV use. We found no information on soil around these dune complexes has a and their habitat, BLM closed an 81-ha the frequency of illegal ORV use on the low potential for forage (vegetation feed (200-ac) area and a 9-ha (23-ac) area to dune, although we observed a set of for livestock) (NRCS 1972, pp. 23, 81; ORV use and prohibited ORV use on all vehicle tracks on the dune in April 2011 NRCS 1998, p. 35). We conclude that other vegetated areas within the Big (Service 2011a, pp. 3, 9). livestock grazing is not a significant Dune SRMA, including the Big Dune Conclusion—We do not consider legal threat to these four beetle species. ACEC (BLM 1998, pp. 21, 23–24). The ORV activity to be a significant threat to Big Dune SRMA and Big Dune ACEC any of the four beetle species. ORV Summary of Factor A encompass 100 percent of the range for activity is prohibited on Lava Dune and Crescent Dunes aegialian scarab and the large aegialian scarab and Giuliani’s restricted to unvegetated slopes within Crescent Dunes serican scarab—The dune scarab at Big Dune, while the the Big Dune SRMA and the Crescent Crescent Dunes aegialian scarab occurs closed portions encompass 18 percent of Dunes SRMA. Each of the four sand at Crescent and San Antonio Dunes, and the range for the Giuliani’s dune scarab dune beetle species considered in this the Crescent Dunes serican scarab and 7 percent of the range for the large finding is dependent on vegetation for occurs at Crescent Dunes. We do not aegialian scarab (Service 2011b, pp. 1– suitable habitat, and unvegetated sand consider ORV activity a significant 8; 2012b, pp. 1–8). dune slopes are not considered suitable threat to these beetles. BLM policy Illegal ORV riding over vegetation dune beetle habitat. We have no restricts ORV use to unvegetated areas at reduces beetle habitat. To estimate the information on dispersal of any of the Crescent Dunes, and these two beetle historical loss of vegetation from ORV four dune beetle species or whether species are known to occur only under use immediately surrounding Big Dune, ORV activity on unvegetated slopes or very close to vegetation. ORV use at we reviewed aerial photography of the between patches of suitable habitat San Antonio Dunes is minimal and does dunes and adjacent areas taken between affects any of the four species. However, not appear to be impacting vegetation the 1940s and 2010 (Army Map Service ORV use has not precluded dune beetle (beetle habitat). Current illegal ORV 1948; USGS 1970a; 1970b; Google Earth dispersal because even though ORV use activity at Crescent Dunes is minimal 1990, 1996, 1997, 2004, and 2010). ORV has occurred at Crescent Dunes and Big and future illegal ORV activity is users have recreated on Big Dune for the Dune for over 60 years, Crescent Dunes expected to be minimal based on past past 60 years (Army Map Service 1948). serican scarab and Crescent Dunes use trends. We do not consider mining Historical user-created road aegialian scarab are widely distributed a threat to the Crescent Dunes aegialian establishment has resulted in the loss of at Crescent Dunes, and large aegialian scarab and Crescent Dunes serican approximately 61.5 ha (152 ac) of the scarab and Giuliani’s dune scarab are scarab because there are currently no vegetation immediately surrounding Big widely distributed at Big Dune. ORV mining applications at these dunes, and Dune (Service 2011b, pp. 1–8). The activity is not restricted to unvegetated it is unlikely future mining applications density of vegetation around Big Dune slopes at San Antonio Dunes, but would be filed because the mineral has been reduced when compared to because of their location, these dunes potential is low. Although the Crescent vegetation 3.25 km (2 mi) south of the receive relatively little ORV recreational Dunes Solar Power Project would dune (Service 2011b, pp. 1–8). use. Ongoing illegal ORV activity results remove up to 11 percent of the range for Approximately 8,417 vehicles in some level of impacts to these four these two beetles, there is no evidence containing 21,042 visitors recreated at species of beetle; however, we do not indicating that the remaining portion of Big Dune in 2010 (BLM 2011c, p. 1). To consider illegal ORV activity to be a their ranges would be insufficient to estimate if there were any recent significant threat because current illegal support the biological needs of these reductions of beetle habitat resulting ORV use is minimal, and future illegal two species. It is unknown how many, from ORV use, we reviewed aerial ORV activity is expected to be minimal if any, future applications for solar imagery between 1990 and 2010 and based on past use trends. conducted 3 site visits. We found the development would occur in these density of vegetation has decreased; Commercial Filming areas. However, if there are any however, the distribution of vegetation The area around Big Dune is popular applications, the BLM must evaluate at Big Dune has changed little (Service for commercial filming and still potential effects to these dune beetles 2011b, pp. 1–7), and we observed few photography. Since 1993, BLM has and adhere to their sensitive species current incidents of plants destroyed by issued 19 special use permits for film policy, and the Service would have the illegal ORV activity (Service 2011a, pp. production at Big Dune (BLM 2011d, opportunity to provide 2, 6; 2011b, pp. 1–7; 2012b, pp. 1–8). pp. 1–15). Permit stipulations limit recommendations to protect these Given this information, it does not activities to 10 vehicles carrying 30 beetles under the NEPA process. Based appear that the total amount of suitable people and do not authorize new on our assessment of the best scientific habitat for the large aegialian scarab and surface disturbance (BLM 1990, p. 2). and commercial data available Giuliani’s dune scarab has been reduced No filming is allowed in the dune beetle concerning present threats to these two between 1990 and 2010. exclosure areas (BLM 1990, p. 3). We beetle species’ habitat, we conclude that Lava Dune—Lava Dune is located on conclude that commercial filming does the present or threatened destruction, BLM-administered lands and private not pose a significant threat to the modification, or curtailment of their land. Approximately 90 percent of the survival of these four beetle species now habitat or range is not a threat to the dune complex is on lands administered or in the future. continued existence of these two beetle by the BLM, while the remaining 10 species. percent is owned by a private mining Livestock Grazing Large aegialian scarab and Giuliani’s company (Nye County parcel number There is no livestock grazing at Big dune scarab—The large aegialian scarab 000–158–28). ORV use is prohibited on Dune and Lava Dune. Crescent Dunes and Giuliani’s dune scarab occur in two the portion of Lava Dune administered and San Antonio Dunes are located locations: Big Dune and Lava Dune. by the BLM (BLM 1998, pp. 21, 23–24). within an active BLM-designated BLM policy prohibits ORV use at Lava Because ORV riding is prohibited at grazing allotment. We found no Dune and restricts use to unvegetated Lava Dune, we did not review information on the amount of or the areas at Big Dune and these two beetle

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species are known to occur only under Factor C. Disease or Predation be expected from an activity in or very close to vegetation. We do not No information is available on the compliance with current standards, in consider illegal ORV activity to be a incidence of disease for any of the four compliance with current regulations, significant threat to these two beetle beetle species. The only information and implemented using the best species because impacts to dune beetle available on predation is that reasonably available technology (i.e., habitat from current illegal ORV activity nighthawks (Chordeiles sp.) have been undue and unnecessary degradation). is minimal, and future impacts to dune observed preying on adult Giuliani’s The Federal Land Policy and beetle habitat from illegal ORV use is dune scarabs at Big Dune (Boyd 2010, p. Management Act’s implementing regulations, 43 CFR 2800 and 43 CFR expected to be minimal based on past 4; Service 2011a, p. 5). The scarabs were 3000, control administration and use trends. If approved, a pending above ground as part of their mating authorization of ROWs and mineral mining application at Lava Dune would activity, which is thought to be limited management, respectively. These remove up to 15 percent of the range for to a brief period during evenings in regulations require the BLM to reduce the Giuliani’s dune scarab and the large April to May (see ‘‘Biology and environmental impacts from these aegialian scarab. However, because this Population Abundance’’ section above). ROWs to environmental resources, application has been pending for 11 Except for this brief period of including these four sand dune beetle years, we do not consider it an aboveground mating activity by the species. immediate threat. Furthermore, there is Giuliani’s dune scarab, the life cycle of National Environmental Policy Act no evidence to suggest that the this and the other three sand dune (NEPA) (42 U.S.C. 4321 et seq.)—The remaining portion of their ranges would beetles occurs below ground. No NEPA requires all Federal agencies to be insufficient to support the biological information is available on predation of formally document, consider, and needs of these beetle species. It is the beetles during belowground parts of publicly disclose the environmental unknown how many, if any, future their life cycle. We conclude that impacts of major Federal actions and mining requests would occur at Lava disease or predation is not a threat to management decisions significantly Dune. Although there are no solar any of the four beetle species. affecting the human environment. The applications at Big Dune or Lava Dune, Factor D. The Inadequacy of Existing NEPA documentation is provided in an it is unknown how many, if any, future Regulatory Mechanisms environmental impact statement, an applications for solar development environmental assessment, or a would occur in these areas. However, if Under this factor, we examine categorical exclusion, and may be there are any future mining requests or whether existing regulatory mechanisms subject to administrative or judicial applications for solar development, the are inadequate to address the threats to appeal. As part of BLM policy, for any BLM must evaluate potential effects to the four dune beetles discussed under mining and solar power plant these dune beetles and adhere to their the other factors. Section 4(b)(1)(A) of applications to conduct operations in sensitive species policy, and the Service the Endangered Species Act requires the the Crescent Dunes, San Antonio Dunes, would have the opportunity to provide Service to take into account ‘‘those Lava Dune, or Big Dune, an analysis will recommendations to protect these efforts, if any, being made by any State be conducted to evaluate potential beetles under the NEPA process. Based or foreign nation, or any political effects to these dune beetles and on our assessment of the best scientific subdivision of a State or foreign nation, identify possible project alternatives. and commercial data available to protect such species * * *’’ We The Service would have the opportunity concerning present threats to these two interpret this language to require the to comment on the project alternatives beetle species’ habitat and their likely Service to consider relevant Federal, and provide conservation continuation in the future, we conclude State, and Tribal laws and regulations recommendations to protect these that the present or threatened when developing our threat analyses. beetles. However, the BLM is not Regulatory mechanisms, if they exist, destruction, modification, or required to select an alternative having may preclude the need for listing if we curtailment of their habitat or range is the least significant environmental determine that such mechanisms not a threat to the continued existence impacts and may select an action that adequately address the threats to the of these two beetle species. will adversely affect these beetles, species such that listing is not provided that these effects are disclosed Factor B. Overutilization for warranted. in their NEPA document. Commercial, Recreational, Scientific, or The Crescent Dunes aegialian scarab, BLM Policy—The BLM classifies all Educational Purposes Crescent Dunes serican scarab, large four beetle species as sensitive species aegialian scarab, and Giuliani’s dune (BLM 2003, p. 6). Under their 6840 There is no available information scarab are not protected under Nevada manual, BLM is required to manage indicating that the Crescent Dunes State law because they are classified as sensitive species and their habitats to aegialian scarab, Crescent Dunes serican insects and not wildlife (NRS 555.265). minimize or eliminate threats affecting scarab, large aegialian scarab, or However, the range of each species the species or improve the condition of Giuliani’s dune scarab is collected for occurs on Federal lands managed by the the species’ habitat in order to reduce commercial, recreational, scientific, or BLM, so protection and management of the likelihood of listing under the Act educational purposes. Pyle et al. (1981, the habitat for each species is (BLM 2008, pp. 3, 38). The BLM p. 241) note that invertebrates generally determined by Federal laws, identified and implemented several are not imperiled by overcollection, and regulations, and policies. Relevant management actions that conserve that these particular beetle species are Federal laws, regulations, and policies habitat for the Crescent Dunes aegialian not showy and thus less likely to be are summarized below. scarab, Crescent Dunes serican scarab, collected. We conclude that Federal Land Policy and Management aegialian scarab, and Giuliani’s dune overutilization is not a threat to the Act (43 U.S.C. 1701 et seq.)—This Act scarab (BLM 1994, pp. 1–427; BLM Crescent Dunes aegialian scarab, sets forth the BLM’s multiple use 1997, pp. 1–193). Crescent Dunes serican scarab, large mandate and requires that the BLM take The BLM’s management action to aegialian scarab, or Giuliani’s dune any action necessary to prevent impacts conserve the Crescent Dunes aegialian scarab now or in the future. greater than those that would normally scarab and Crescent Dunes serican

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scarab is the prohibition of ORV use on Factor E. Other Natural or Manmade ‘‘very likely’’ (defined by the IPCC as 90 vegetated sand areas within the Crescent Factors Affecting Its Continued percent or higher probability) due to the Dunes SRMA (BLM 1997, p. 21). The Existence observed increase in greenhouse gas area is closed to high-speed race events (GHG) concentrations in the atmosphere Stochastic Events (BLM 1997, p. 20, Map 30). The area is as a result of human activities, also designated as a ROW avoidance The large aegialian scarab’s and particularly carbon dioxide emissions area; however, ROWs can be granted Giuliani’s dune scarab’s ranges are from use of fossil fuels (IPCC 2007a, pp. (e.g., solar power plants) if no feasible limited to Big Dune and Lava Dune; the 5–6 and figures SPM.3 and SPM.4; alternative can be found (BLM 1997, p. Crescent Dunes aegialian scarab’s range Solomon et al. 2007, pp. 21–35). Further 19, Map 22). The area is closed to non- is limited to Crescent Dunes and San confirmation of the role of GHGs comes energy leasable minerals and subject to Antonio Dunes; and Crescent Dunes from analyses by Huber and Knutti no-surface-occupancy restrictions for serican scarab’s range is limited to (2011, p. 4), who concluded it is fluid leasable minerals (BLM 1997, p. Crescent Dunes. Extreme environmental extremely likely that approximately 75 21, Map 34). disasters at these areas, such as percent of global warming since 1950 Management actions for the large earthquakes, hurricanes, tornadoes, has been caused by human activities. aegialian scarab and Giuliani’s dune severe floods, or severe and frequent Scientists use a variety of climate scarab include: (1) Prohibition of ORV winter storms, could impact these models, which include consideration of use on Lava Dune; (2) prohibition of species through direct mortality or natural processes and variability, as removal of vegetation. However, this ORV use in vegetated areas within the well as various scenarios of potential area has one of the lowest frequencies Big Dune SRMA, including the Big levels and timing of GHG emissions, to of extreme environmental disasters in Dune ACEC; (3) maintenance of evaluate the causes of changes already the United States (DOE 1986, pp. 3–22, approximately 777 ha (1,920 ac) of sand observed and to project future changes 6–27, 6–32), and any extreme weather dune habitat within the Big Dune ACEC in temperature and other climate phenomena occurring in the desert are in a natural condition; and (4) conditions (e.g., Meehl et al. 2007, of such short duration that no prohibition of ORV activity within 90 ha entire; Ganguly et al. 2009, pp. 11555, significant effects are expected (DOE (223 ac) of beetle habitat (BLM 1998, pp. 15558; Prinn et al. 2011, pp. 527, 529). 1986, pp. 6–27, 6–32). We do not 11, 23). Within the Big Dune ACEC, All combinations of models and consider extreme environmental lands are to be retained in Federal emissions scenarios yield very similar disasters a threat to these four beetle projections of increases in the most ownership; ROWs are not allowed; the species. common measure of climate change, area is closed to mining; mineral leasing average global surface temperature is subject to no-surface-occupancy Climate Change (commonly known as global warming), stipulations; temporary roads must be Our analyses under the Act include until about 2030. Although projections reclaimed; and competitive high-speed consideration of ongoing and projected of the magnitude and rate of warming ORV events are prohibited (competitive changes in climate. The terms ‘‘climate’’ differ after about 2030, the overall non-speed events are allowed) (BLM and ‘‘climate change’’ are defined by the trajectory of all the projections is one of 1998, p. 7). The stipulations protect the Intergovernmental Panel on Climate increased global warming through the beetles from these threats at Big Dune Change (IPCC). The term ‘‘climate’’ end of this century, even for the except illegal ORV activity. Solar refers to the mean and variability of projections based on scenarios that development is allowed at Lava Dune different types of weather conditions assume that GHG emissions will and outside the ACEC at Big Dune. over time, with 30 years being a typical stabilize or decline. Thus, there is strong Mineral development is allowed at Lava period for such measurements, although scientific support for projections that Dune. shorter or longer periods also may be warming will continue through the 21st Therefore, partly as a result of BLM used (IPCC 2007a, p. 78). The term century, and that the magnitude and management actions taken as a result of ‘‘climate change’’ thus refers to a change rate of change will be influenced Federal laws, regulations, and policy, in the mean or variability of one or more substantially by the extent of GHG we determined under Factor A that measures of climate (e.g., temperature or emissions (IPCC 2007a, pp. 44–45; mining, solar development, ORV use, precipitation) that persists for an Meehl et al. 2007, pp. 760–764, 797– commercial filming, and livestock extended period, typically decades or 811; Ganguly et al. 2009, pp. 15555– grazing were not significant threats to longer, whether the change is due to 15558; Prinn et al. 2011, pp. 527, 529). the Crescent Dunes aegialian scarab, natural variability, human activity, or (See IPCC 2007b, p. 8, for a summary of Crescent Dunes serican scarab, large both (IPCC 2007a, p. 78). other global projections of climate- aegialian scarab, or Giuliani’s dune Scientific measurements spanning related changes, such as frequency of scarab. Although not protected by State several decades demonstrate that heat waves and changes in law, we determined under Factor B that changes in climate are occurring, and precipitation. Also see IPCC collection or any other form of that the rate of change has been faster 2011(entire) for a summary of overutilization was not a threat to any since the 1950s. Examples include observations and projections of extreme of the four beetle species. We also warming of the global climate system, climate events.) determined that disease or predation and substantial increases in Various changes in climate may have was not a threat to any of the four precipitation in some regions of the direct or indirect effects on species. species under Factor C, nor was world and decreases in other regions. These effects may be positive, neutral, stochastic events or climate change (For these and other examples, see IPCC or negative, and they may change over under Factor E. We conclude that the 2007a, p. 30; Solomon et al. 2007, pp. time, depending on the species and the inadequacy of existing regulatory 35–54, 82–85.) Results of scientific other relevant considerations, such as mechanisms are not a threat to the analyses presented by the IPCC show interactions of climate with other Crescent Dunes aegialian scarab, that most of the observed increase in variables (e.g., habitat fragmentation) Crescent Dunes serican scarab, large global average temperature since the (IPCC 2007, pp. 8–14, 18–19). aegialian scarab, and Giuliani’s dune mid-20th century cannot be explained Identifying likely effects often involves scarab. by natural variability in climate, and is aspects of climate change vulnerability

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analysis. Vulnerability refers to the average of 0.342 percent per year across serican scarab, large aegialian scarab, degree to which a species (or system) is Nevada, for a total increase of 17.1 and Giuliani’s dune scarab. Increases in susceptible to, and unable to cope with, percent over the past 50 years. atmospheric carbon dioxide, air adverse effects of climate change, For projected changes in temperature temperature, and evapotranspiration including climate variability and and precipitation based on general rates will affect vegetation, and each of extremes. Vulnerability is a function of circulation models, we used Climate the four beetle species is dependent on the type, magnitude, and rate of climate Wizard’s default setting for emission vegetation for its habitat. However, it is change and variation to which a species scenario (the A2 high scenario). At difficult to project how climate change is exposed, its sensitivity, and its Crescent Dunes, projected increases in will affect overall vegetation structure adaptive capacity (IPCC 2007a, p. 89; temperature by the 2050s range from and composition because certain plant see also Glick et al. 2011, pp. 19–22). 1.47 to 3.61 degrees Celsius (2.64 to 6.49 species may increase in response to There is no single method for degrees Fahrenheit) across the 16 these changes, while other plant species conducting such analyses that applies to models, with an average (median) value may decrease. For example, plant all situations (Glick et al. 2011, p. 3). We of 2.88 degrees Celsius (5.18 degrees species adapted to desert-like use our expert judgment and Fahrenheit) (http:// conditions may gain a competitive appropriate analytical approaches to www.climatewizard.org/, accessed May advantage and increase in cover or weigh relevant information, including 4, 2012). Projected change in density. Also, little is known about the uncertainty, in our consideration of precipitation by the 2050s at Crescent biology of any of the four sand dune various aspects of climate change. Dunes range from a decrease of 30.51 beetle species, so it is difficult to know As is the case with all threats that we percent to an increase of 19.73 percent how any potential changes in plant assess, even if we conclude that a across the 16 models, with a median species composition would affect dune species is currently affected or is likely value of 1.73 percent decrease. beetle habitat suitability. While climate to be affected in a negative way by one At Big Dune, projected increases in change will undoubtedly affect habitat or more climate-related impacts, it does temperature by the 2050s range from conditions for the Crescent Dunes not necessarily follow that the species 1.52 to 3.49 degrees Celsius (2.74 to 6.28 aegialian scarab, Crescent Dunes serican meets the definition of an ‘‘endangered degrees Fahrenheit) across the 16 scarab, large aegialian scarab, and species’’ or a ‘‘threatened species’’ models, with a median value of 2.82 Giuliani’s dune scarab, there is under the Act. If a species is listed as degrees Celsius (5.07 degrees currently insufficient specific endangered or threatened, knowledge Fahrenheit) (http:// information to conclude that climate regarding the vulnerability of the www.climatewizard.org/, accessed May change is a significant threat to any of species to, and known or anticipated 4, 2012). Projected change in these four beetle species. impacts from, climate-associated precipitation by the 2050s at Big Dune changes in environmental conditions range from a decrease of 27.90 percent Synergistic Interactions Among Threat can be used to help devise appropriate to an increase of 39.79 percent across Factors strategies for its recovery. the 16 models, with a median value of We have evaluated individual current Global climate projections are 2.36 percent decrease. and future potential threats to the informative, and, in some cases, the The climate in southwestern North Crescent Dunes aegialian scarab, only or the best scientific information America has been becoming Crescent Dunes serican scarab, large available for us to use. However, increasingly arid during the past aegialian scarab, and Giuliani’s dune projected changes in climate and related century and is projected to continue to scarab. These species face potential impacts can vary substantially across become more arid during the 21st threats from mining, solar development, and within different regions of the century (Seager et al. 2007, entire). ORV use, commercial filming, livestock world (e.g., IPCC 2007a, pp. 8–12). Seager et al. (2007) modeled aridity as grazing, stochastic events, and climate Therefore, we use ‘‘downscaled’’ a function of precipitation minus change. In considering whether the projections when they are available and evaporation, and evaporation rates threats to a species may be so great as have been developed through increase as temperature increases. Their to warrant listing under the Act, we appropriate scientific procedures, study area included the southern two- must look beyond the possible impacts because such projections provide higher thirds of Nevada, an area that of potential threats in isolation and resolution information that is more encompasses the range of each of the consider the potential cumulative relevant to spatial scales used for four beetle species addressed in this impacts of all of the threats facing a analyses of a given species (see Glick et finding. The most severe multiyear species. al. 2011, pp. 58–61, for a discussion of droughts that have impacted western In making this finding, we considered downscaling). North America in the recorded past whether there may be cumulative effects We used the web-based tool Climate have been attributed to variations in to any of the four dune beetle species Wizard to evaluate (1) changes in surface sea temperatures in the tropics, from the combined impacts of existing temperature and precipitation across particularly persistent La Nina-like threats such that even if each threat Nevada during the past 50 years, and (2) events (USGS 2004, entire; Seager et al. individually does not result in projected changes in temperature and 2007, p. 1183). Based on their model population-level impacts, that precipitation at Crescent Dunes and Big results, Seager et al. (2007, p. 1184) cumulatively the effects may be Dune by the 2050s based on 16 general conclude that droughts in the North significant. We considered whether the circulation climate models. Across American Southwest during this combined effects of mining and solar Nevada, temperature has increased by century will become more severe than development may result in a significant an average of 0.016 degree Celsius historical droughts because La Nina impact to any of the four beetle species (0.029 degree Fahrenheit) per year for a conditions will be overlaid on a base because mining and solar development total increase of 0.81 degree Celsius condition that is drier than any each has the potential to result in some (1.45 degree Fahrenheit) over the past experienced in recent history. level of habitat loss. However, we 50 years (http://www.climatewizard. Climate change will thus clearly affect conclude that synergistic effects org/, accessed April 30, 2012). habitat conditions for the Crescent between mining and solar development Precipitation has increased by an Dunes aegialian scarab, Crescent Dunes are unlikely to result in a significant

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overall population impact to any of the section, uncertainty about how different the foreseeable future. There is also no four beetle species because the proposed plant species will respond under evidence to indicate that synergistic or mining and solar development projects climate change, combined with cumulative effects between the factors occur in different areas and their effects uncertainty about how changes in plant would result in significant threats to any would not overlap. The proposed lava species composition would affect of these four beetle species. rock mining operation would impact the suitability of dune beetle habitat, make Based on our review of the best large aegialian scarab and Giuliani’s projecting possible synergistic effects of available scientific and commercial dune scarab if approved, whereas the climate change on the dune beetle information, the effects of these impacts Crescent Dunes Solar Energy Project, species too speculative at this time. At on the four beetle species do not which is currently being constructed, this point in time, given the complex indicate that the Crescent Dunes will impact the Crescent Dunes and uncertain nature of effects aegialian scarab, Crescent Dunes serican aegialian scarab and Crescent Dunes associated with climate change and the scarab, large aegialian scarab, or serican scarab. ORV use potentially lack of information on the biology on Giuliani’s dune scarab is in danger of impacts each of the four beetle species, each of these four dune beetle species, extinction (endangered) or likely to but as a result of BLM policies and we can only conclude that additional become endangered within the management that reduce impacts from information would be needed to foreseeable future (threatened), ORV use, we conclude that ORV use determine whether synergistic throughout all of its range. Therefore, impacts combined with potential interactions between climate change we find that listing any of these four impacts from mining, solar and other threats will impact the beetle species as an endangered or development, commercial filming, and Crescent Dunes aegialian scarab, threatened species throughout its range livestock grazing would not be of Crescent Dunes serican scarab, large is not warranted at this time. sufficient severity and scope to result in aegialian scarab, or Giuliani’s dune Significant Portion of Its Range a significant impact to any of the four scarab. Having determined that the Crescent dune beetle species. BLM policies and Finding Dunes aegialian scarab, the Crescent management include prohibition of Dunes serican scarab, the large aegialian ORV use anywhere at Lava Dune and As required by the Act, we considered scarab, and the Giuliani’s dune scarab within an 81-ha (200-ac) area and a the five factors in assessing whether the are not endangered or threatened 9-ha (23-ac) area at Big Dune, and Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, large throughout their ranges, we must next restriction of ORV use to unvegetated aegialian scarab, and Giuliani’s dune consider whether there are any areas at the rest of Big Dune and all of scarab are endangered or threatened significant portions of their ranges Crescent Dunes (each of the dune beetle throughout all of their ranges. We where any of the species is in danger of species is known to occur only under or examined the best scientific and extinction or is likely to become in close proximity to vegetation). Based commercial information available endangered in the foreseeable future. on its location and lack of evidence of regarding the past, present, and future The Act defines ‘‘endangered species’’ ORV use detected from high-resolution threats faced by these four beetle as any species which is ‘‘in danger of aerial imagery, we believe ORV use at species. extinction throughout all or a significant San Antonio Dunes is minimal and thus To ensure that this finding is based on portion of its range,’’ and ‘‘threatened is unlikely causing a population-level the latest scientific and commercial species’’ as any species which is ‘‘likely impact to the Crescent Dunes aegialian information on the species, their habitat, to become an endangered species within scarab. As discussed under Factor A, and threats occurring, or likely to occur, the foreseeable future throughout all or illegal ORV use impacts beetles and we examined the petition, information a significant portion of its range.’’ The their habitat, but we conclude, based on in our files, and other published and definition of ‘‘species’’ is also relevant the most current available information, unpublished literature. We solicited to this discussion. The Act defines illegal ORV use does not occur with information from the public, but did not ‘‘species’’ as follows: ‘‘The term sufficient frequency and geographic receive any response. We consulted ‘species’ includes any subspecies of fish scope to cause population-level impacts with species and habitat specialists from or wildlife or plants, and any distinct to any of the four beetle species. It is the BLM, the Service, and NNHP. population segment [DPS] of any unknown how many, if any, future We evaluated whether the Crescent species of vertebrate fish or wildlife requests for mining and solar Dunes aegialian scarab, Crescent Dunes which interbreeds when mature.’’ The development would occur in these serican scarab, large aegialian scarab, phrase ‘‘significant portion of its range’’ areas. However, if there are any and Giuliani’s dune scarab were affected (SPR) is not defined by the statute, and requests, BLM must evaluate potential by mining, solar development, and ORV we have never addressed in our effects to these dune beetles and adhere use; however, these impacts are either regulations: (1) The consequences of a to their sensitive species policy, and the limited in scope or significant determination that a species is either Service would have the opportunity to uncertainty exists about if or how they endangered or likely to become so provide recommendations to protect may impact these species. The throughout a significant portion of its these beetles under the NEPA process. inadequacy of existing regulatory range, but not throughout all of its Synergistic interactions are possible mechanisms to prevent any of the above range; or (2) what qualifies a portion of between effects of climate change and factors is not a threat because BLM, by a range as ‘‘significant.’’ effects of other threats such as mining, following their policy and through Two recent district court decisions solar development, ORV use, and NEPA, has been successful in have addressed whether the SPR livestock grazing. Increases in carbon minimizing manmade impacts to these language allows the Service to list or dioxide, temperature, and four beetle species. The best available protect less than all members of a evapotranspiration will affect information does not indicate that defined ‘‘species’’: Defenders of Wildlife vegetation, and each of the four dune overutilization, predation, disease, v. Salazar, 729 F. Supp. 2d 1207 (D. beetle species is closely associated with stochastic events, or climate change is a Mont. 2010), concerning the Service’s the presence of vegetation. However, as threat to the continued existence of any delisting of the Northern Rocky noted above in the Climate Change of these four beetle species now or in Mountain gray wolf (74 FR 15123, April

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2, 2009); and WildEarth Guardians v. established; and it is consistent with the under any one or more of these Salazar, 2010 U.S. Dist. LEXIS 105253 judicial opinions that have most closely concepts. (D. Ariz. September 30, 2010), examined this issue. Having concluded For the purposes of this finding, we concerning the Service’s 2008 finding that the phrase ‘‘significant portion of determine if a portion’s biological on a petition to list the Gunnison’s its range’’ provides an independent contribution is so important that the prairie dog (73 FR 6660, February 5, basis for listing and protecting the entire portion qualifies as ‘‘significant’’ by 2008). The Service had asserted in both species, we next turn to the meaning of asking whether without that portion, the of these determinations that it had ‘‘significant’’ to determine the threshold representation, redundancy, or authority, in effect, to protect only some for when such an independent basis for resiliency of the species would be so members of a ‘‘species,’’ as defined by listing exists. impaired that the species would have an the Act (i.e., species, subspecies, or Although there are potentially many increased vulnerability to threats to the DPS), under the Act. Both courts ruled ways to determine whether a portion of point that the overall species would be that the determinations were arbitrary a species’ range is ‘‘significant,’’ we in danger of extinction (i.e., would be and capricious on the grounds that this conclude, for the purposes of this ‘‘endangered’’). Conversely, we would approach violated the plain and finding, that the significance of the not consider the portion of the range at unambiguous language of the Act. The portion of the range should be issue to be ‘‘significant’’ if there is courts concluded that reading the SPR determined based on its biological sufficient resiliency, redundancy, and language to allow protecting only a contribution to the conservation of the representation elsewhere in the species’ portion of a species’ range is species. For this reason, we describe the range that the species would not be in inconsistent with the Act’s definition of threshold for ‘‘significant’’ in terms of danger of extinction throughout its ‘‘species.’’ The courts concluded that an increase in the risk of extinction for range if the population in that portion once a determination is made that a the species. We conclude that a of the range in question became species (i.e., species, subspecies, or biologically based definition of extirpated (extinct locally). We recognize that this definition of DPS) meets the definition of ‘‘significant’’ best conforms to the ‘‘significant’’ (a portion of the range of ‘‘endangered species’’ or ‘‘threatened purposes of the Act, is consistent with a species is ‘‘significant’’ if its species,’’ it must be placed on the list judicial interpretations, and best contribution to the viability of the in its entirety and the Act’s protections ensures species’ conservation. Thus, for species is so important that without that applied consistently to all members of the purposes of this finding, and as portion, the species would be in danger that species (subject to modification of explained further below, a portion of the of extinction) establishes a threshold protections through special rules under range of a species is ‘‘significant’’ if its that is relatively high. On the one hand, sections 4(d) and 10(j) of the Act). contribution to the viability of the Consistent with that interpretation, given that the consequences of finding species is so important that without that and for the purposes of this finding, we a species to be endangered or threatened portion, the species would be in danger interpret the phrase ‘‘significant portion in an SPR would be listing the species of extinction. of its range’’ in the Act’s definitions of throughout its entire range, it is ‘‘endangered species’’ and ‘‘threatened We evaluate biological significance important to use a threshold for species’’ to provide an independent based on the principles of conservation ‘‘significant’’ that is robust. It would not basis for listing; thus there are two biology using the concepts of be meaningful or appropriate to situations (or factual bases) under which redundancy, resiliency, and establish a very low threshold whereby a species would qualify for listing: A representation. Resiliency describes the a portion of the range can be considered species may be endangered or characteristics of a species and its ‘‘significant’’ even if only a negligible threatened throughout all of its range; or habitat that allow it to recover from increase in extinction risk would result a species may be endangered or periodic disturbance. Redundancy from its loss. Because nearly any portion threatened in only a significant portion (having multiple populations of a species’ range can be said to of its range. If a species is in danger of distributed across the landscape) may be contribute some increment to a species’ extinction throughout an SPR, it, the needed to provide a margin of safety for viability, use of such a low threshold species, is an ‘‘endangered species.’’ the species to withstand catastrophic would require us to impose restrictions The same analysis applies to events. Representation (the range of and expend conservation resources ‘‘threatened species.’’ Based on this variation found in a species) ensures disproportionately to conservation interpretation and supported by existing that the species’ adaptive capabilities benefit: Listing would be rangewide, case law, the consequence of finding are conserved. Redundancy, resiliency, even if only a portion of the range of that a species is endangered or and representation are not independent minor conservation importance to the threatened in only a significant portion of each other, and some characteristic of species is imperiled. On the other hand, of its range is that the entire species will a species or area may contribute to all it would be inappropriate to establish a be listed as endangered or threatened, three. For example, distribution across a threshold for ‘‘significant’’ that is too respectively, and the Act’s protections wide variety of habitat types is an high. This would be the case if the will be applied across the species’ entire indicator of representation, but it may standard were, for example, that a range. also indicate a broad geographic portion of the range can be considered We conclude, for the purposes of this distribution contributing to redundancy ‘‘significant’’ only if threats in that finding, that interpreting the SPR phrase (decreasing the chance that any one portion result in the entire species’ as providing an independent basis for event affects the entire species), and the being currently endangered or listing is the best interpretation of the likelihood that some habitat types are threatened. Such a high bar would not Act because it is consistent with the less susceptible to certain threats, give the SPR phrase independent purposes and the plain meaning of the contributing to resiliency (the ability of meaning, as the Ninth Circuit held in key definitions of the Act; it does not the species to recover from disturbance). Defenders of Wildlife v. Norton, 258 conflict with established past agency None of these concepts is intended to be F.3d 1136 (9th Cir. 2001). practice (i.e., prior to the 2007 mutually exclusive, and a portion of a The definition of ‘‘significant’’ used in Solicitor’s Opinion), as no consistent, species’ range may be determined to be this finding carefully balances these long-term agency practice has been ‘‘significant’’ due to its contributions concerns. By setting a relatively high

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threshold, we minimize the degree to determine whether the species is conservation. If an emergency situation which restrictions will be imposed or endangered or threatened there; if we develops for any of these four beetle resources expended that do not determine that the species is not species, we will act to provide contribute substantially to species endangered or threatened in a portion of immediate protection. conservation. But we have not set the its range, we do not need to determine References Cited threshold so high that the phrase ‘‘in a if that portion is ‘‘significant.’’ In significant portion of its range’’ loses practice, a key part of the determination A complete list of references cited is independent meaning. Specifically, we that a species is in danger of extinction available on the Internet at http:// have not set the threshold as high as it in a significant portion of its range is www.regulations.gov and upon request was under the interpretation presented whether the threats are geographically from the Nevada Fish and Wildlife by the Service in the Defenders concentrated in some way. If the threats Office (see ADDRESSES section). to the species are essentially uniform litigation. Under that interpretation, the Authors portion of the range would have to be throughout its range, no portion is likely so important that current imperilment to warrant further consideration. The primary authors of this notice are there would mean that the species Moreover, if any concentration of the staff members of the Nevada Fish would be currently imperiled threats to the species occurs only in and Wildlife Office. everywhere. Under the definition of portions of the species’ range that Authority ‘‘significant’’ used in this finding, the clearly would not meet the biologically portion of the range need not rise to based definition of ‘‘significant,’’ such The authority for this action is section such an exceptionally high level of portions will not warrant further 4 of the Endangered Species Act of biological significance. (We recognize consideration. 1973, as amended (16 U.S.C. 1531 et that if the species is imperiled in a We evaluated the current range of the seq.). portion that rises to that level of four beetles to determine if there is any Dated: June 28, 2012. biological significance, then we should apparent geographic concentration of Daniel M. Ashe, potential threats for any of the species. conclude that the species is in fact Director, U.S. Fish and Wildlife Service. imperiled throughout all of its range, The ranges for each of the beetles are relatively small and limited to the local [FR Doc. 2012–17526 Filed 7–17–12; 8:45 am] and that we would not need to rely on BILLING CODE 4310–55–P the SPR language for such a listing.) dune system where they are found. We Rather, under this interpretation, we ask examined potential threats from mining, solar development projects, ORV use, whether the species would be DEPARTMENT OF COMMERCE endangered everywhere without that commercial filming, livestock grazing, portion, i.e., if that portion were overutilization, disease or predation, the National Oceanic and Atmospheric completely extirpated. In other words, inadequacy of existing regulatory Administration the portion of the range need not be so mechanisms, stochastic events, and important that even the species being in climate change. We found no 50 CFR Part 622 concentration of threats that suggests danger of extinction in that portion [Docket No. 120416008–2219–01] would be sufficient to cause the species that any of these four species of dune in the remainder of the range to be beetles may be in danger of extinction RIN 0648–BB72 in a portion of its range. We found no endangered; rather, the complete portions of their ranges where potential extirpation (in a hypothetical future) of Fisheries of the Caribbean, Gulf of threats are significantly concentrated or the species in that portion would be Mexico, and South Atlantic; Reef Fish substantially greater than in other required to cause the species in the Fishery of the Gulf of Mexico; portions of their ranges. Therefore, we remainder of the range to be Amendment 34 find that factors affecting each species endangered. are essentially uniform throughout their AGENCY: National Marine Fisheries The range of a species can ranges, indicating no portion of the Service (NMFS), National Oceanic and theoretically be divided into portions in range of any of the four species warrants Atmospheric Administration (NOAA), an infinite number of ways. However, further consideration of possible Commerce. there is no purpose to analyzing endangered or threatened status under ACTION: Proposed rule; request for portions of the range that have no the Act. There is no available comments. reasonable potential to be significant or information indicating that there has to analyzing portions of the range in been a range contraction for any of the SUMMARY: NMFS proposes regulations to which there is no reasonable potential four species, and therefore we find that implement management measures for the species to be endangered or lost historical range does not constitute described in Amendment 34 to the threatened. To identify only those a significant portion of the range for the Fishery Management Plan for the Reef portions that warrant further Crescent Dunes aegialian scarab, the Fish Resources of the Gulf of Mexico consideration, we determine whether Crescent Dunes serican scarab, the large (FMP) prepared by the Gulf of Mexico there is substantial information aegialian scarab, or the Giuliani’s dune Fishery Management Council (Council). indicating that: (1) The portions may be scarab. If implemented, this rule would remove ‘‘significant,’’ and (2) the species may be We request that you submit any new the income qualification requirements in danger of extinction there or likely to information concerning the status of, or for renewal of Gulf of Mexico (Gulf) become so within the foreseeable future. threats to, the Crescent Dunes aegialian commercial reef fish permits and Depending on the biology of the species, scarab, Crescent Dunes serican scarab, increase the maximum crew size to four its range, and the threats it faces, it large aegialian scarab, and Giuliani’s for dual-permitted vessels (i.e. vessels might be more efficient for us to address dune scarab to our Nevada Fish and that possess both a charter vessel/ the significance question first or the Wildlife Office (see ADDRESSES section) headboat permit for Gulf reef fish and a status question first. Thus, if we whenever it becomes available. New commercial vessel permit for Gulf reef determine that a portion of the range is information will help us monitor these fish) that are fishing commercially. The not ‘‘significant,’’ we do not need to four beetle species and encourage their intent of this rule is to remove permit

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requirements that may no longer be FOR FURTHER INFORMATION CONTACT: commercial or charter fishing, applicable to current commercial fishing Steve Branstetter, Southeast Regional participation in these IFQ fisheries is practices and to improve vessel safety in Office, NMFS, telephone 727–824–5305; restricted to those who possess quota the Gulf reef fish fishery. email: [email protected]. shares or who sell annual allocation. DATES: Written comments must be SUPPLEMENTARY INFORMATION: NMFS and Removing the income requirement will received on or before August 17, 2012. the Council manage the Gulf reef fish also provide more flexibility to ADDRESSES: You may submit comments fishery under the FMP. The Council fishermen and allow them to earn on the proposed rule identified by prepared the FMP and NMFS income in other occupations. This ‘‘NOAA–NMFS–2012–0025’’ by any of implements the FMP under the added flexibility would allow some the following methods: authority of the Magnuson-Stevens fishermen to renew their permits even if • Electronic submissions: Submit Fishery Conservation and Management they did not have the opportunity to electronic comments via the Federal Act (Magunson-Stevens Act) by earn enough income from fishing. In e-Rulemaking Portal: http:// regulations at 50 CFR part 622. addition, this income requirement is www.regulations.gov. Follow the This rule would implement relatively easy to meet or circumvent, instructions for submitting comments. Amendment 34 to the FMP, which and validation of this income • Mail: Steve Branstetter, Southeast addresses administrative issues relative requirement has been difficult. Finally, Regional Office, NMFS, 263 13th to earned income requirements for the the elimination of income requirements Avenue South, St. Petersburg, FL 33701. renewal of commercial Gulf reef fish would also decrease the administrative Instructions: All comments received permits and to the maximum crew size burden to NMFS and the applicant by are a part of the public record and for dual-permitted vessels while simplifying the permit renewal process. NMFS will post them to http:// commercially fishing. Due to recent www.regulations.gov without change. changes in the commercial sector of the Increasing the Maximum Crew Size for All Personal Identifying Information (for Gulf reef fish fishery the income Dual-Permitted Vessels example, name, address, etc.) qualification requirements and the crew The final rule for Amendment 1 to the voluntarily submitted by the commenter size limit regulations may no longer FMP (55 FR 2078, January 22, 1990) may be publicly accessible. Do not effectively serve their original purposes. established the commercial vessel submit Confidential Business Measures Contained in This Proposed permit for Gulf reef fish and the three- Information or otherwise sensitive or Rule person crew size for dual-permitted protected information. vessels when fishing commercially. In To submit comments through the If implemented, this rule would 2006, Amendment 18A to the FMP eliminate the income qualification Federal e-Rulemaking Portal: http:// modified the crew size rule to add the requirements for renewal of commercial www.regulations.gov, enter ‘‘NOAA– Coast Guard certificate of inspection Gulf reef fish permits and increase the NMFS–2011–0025’’ in the search field (COI) provision that allowed vessels maximum crew size from three to four and click on ‘‘search’’. After you locate with a COI to carry a minimum crew for dual-permitted vessels. the proposed rule, click the ‘‘Submit a size specified by the COI if it was Comment’’ link in that row. This will Eliminating the Income Qualification greater than three. Amendment 18A was display the comment web form. You can Requirements for Commercial Gulf Reef intended to resolve conflict between the enter your submitter information (unless Fish Permits Council’s maximum crew size rule and you prefer to remain anonymous), and the Coast Guard’s minimum crew size type your comment on the web form. Under the current regulations, an requirements for vessels with a COI, You can also attach additional files (up applicant renewing a commercial vessel which was at least four. to 10MB) in Microsoft Word, Excel, permit for Gulf reef fish must attest that WordPerfect, or Adobe PDF file formats greater than 50 percent of his/her earned Historically, limiting the crew size on only. income is derived from commercial a dual-permitted vessel when fishing Comments received through means fishing (i.e. harvest and first sale of fish) commercially may have served to not specified in this rule will not be or charter fishing during either of the 2 prevent a vessel from taking out a considered. calendar years preceding the number of passengers under the For further assistance with submitting application. Applicants must complete pretense of making a charter trip, but a comment, see the ‘‘Commenting’’ the Income Qualification Affidavit subsequently selling the catch. Under section at http://www.regulations.gov/ section on the Federal Permit current commercial fishing practices, #!faqs or the Help section at http:// Application for Vessels Fishing in the limiting the crew size of a vessel to www.regulations.gov. EEZ (Federal Permit Application) as prevent selling catch caught on a charter Electronic copies of Amendment 34, proof of meeting permit income trip is no longer a primary concern. IFQ which includes an environmental qualification requirements for programs now regulate commercially assessment and a regulatory impact commercial Gulf reef fish vessel harvested red snapper, grouper, and review, may be obtained from the permits. tilefish species, which constitute the Southeast Regional Office Web site at This rule proposes to eliminate the majority of the commercial reef fish http://sero.nmfs.noaa.gov/sf/ income requirement because it is no landings. In addition, all commercial GrouperSnapperandReefFish.htm. longer applicable to current commercial Gulf reef fish vessels are required to be Comments regarding the burden-hour fishing practices. The income equipped with vessel monitoring estimates or other aspects of the requirement is not compatible with systems. The strict reporting collection-of-information requirements recent regulatory changes in the Gulf requirements of these management contained in this proposed rule may be reef fish fishery, such as the measures make it clear when a vessel is submitted in writing to Anik Clemens, implementation of individual fishing operating as a commercial vessel. The Southeast Regional Office, NMFS, 263 quota (IFQ) programs for red snapper amount of IFQ shares owned by a 13th Avenue South, St. Petersburg, FL and grouper/tilefish species, which permit holder limits the amount of fish 33701; and OMB, by email at OIRA account for the majority of Gulf reef fish harvested by a vessel regardless of the [email protected], or by fax to landings. Regardless of the proportion of crew size. In addition, due to the costs 202–395–7285. a fisherman’s income derived from involved with carrying extra crew, there

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would be little incentive to exceed the Classification involved in the for-hire fishing industry necessary crew size. Pursuant to section 304(b)(1)(A) of the is $7.0 million (NAICS code 713990, Currently, 154 vessels possess both a Magnuson-Stevens Act, the AA has recreational industries). Based on the charter vessel/headboat permit and a determined that this proposed rule is average revenue estimates provided commercial vessel permit for Gulf reef consistent with Amendment 34, the above, all commercial and for-hire fish. These vessel are considered to be Magnuson-Stevens Act and other vessels expected to be directly affected dual-permitted vessels. Unless the applicable law, subject to further by this proposed rule are determined for the purpose of this analysis to be small vessel has a COI, dual-permitted vessels consideration after public comment. This proposed rule has been business entities. are limited to a three-person maximum Neither action in this proposed rule determined to be not significant for crew size. The current crew restriction would be expected to result in any purposes of Executive Order 12866. limits are of particular concern for reduction in profits for any small The Chief Counsel for Regulation of vessels conducting commercial entities. The two proposed actions the Department of Commerce certified spearfishing operations. These activities would either eliminate or lessen a to the Chief Counsel for Advocacy of the would be considered commercial diving current restriction. The proposed Small Business Administration that this operations under the Occupational elimination of an income requirement proposed rule, if adopted, would not Safety and Health Administration for the Gulf commercial reef fish permit (OSHA) regulations. The OSHA have a significant economic impact on is expected to provide the opportunity regulations for SCUBA diving a substantial number of small entities. for fishermen to increase income from operations (29 CFR 1910.424(c)) require The factual basis for this determination non-fishing occupations without that: (1) A standby diver is available is as follows: jeopardizing their ability to renew their while the SCUBA diver is in the water The purpose of this proposed rule is commercial reef fish permit. This would and (2) the SCUBA diver must be either to eliminate existing income also eliminate the pressure to continue line-tended or accompanied by another qualification requirements that may no to fish to maintain fishing income to diver with continuous visual contact. longer be applicable to the current satisfy a permit requirement when The OSHA regulations aim to establish commercial fishing environment and to personal, economic, or other factors may safe operating procedures for improve vessel safety in the Gulf reef suggest fishing should not occur. conducting commercial SCUBA diving; fish fishery. The Magnuson-Stevens Act Finally, this rule would reduce the however, the three-person crew limit for provides the statutory basis for this reporting and recordkeeping burdens dual-permitted vessels impairs the proposed rule. currently imposed on applicants. In crew’s ability to comply with OSHA and This rule, if implemented, would be particular, applicants would no longer decreases the safety at sea, which expected to directly affect 920 vessels be required to complete the Income violates National Standard 10 of the that possess a commercial reef fish Qualification Affidavit section on the Magnuson-Stevens Act (16 U.S.C. permit. Among these entities, 154 Federal Permit Application for Vessels 1851(a)(10)). Based on OSHA vessels also possess a reef fish for-hire Fishing in the EEZ (Federal Permit regulations, if two divers are underwater permit. These vessels would be affected Application) as proof of meeting permit spearfishing, the third crewmember at by both actions in this proposed rule. income qualification requirements for the surface would need to handle the The average commercial vessel in the commercial Gulf reef fish vessel vessel and be the standby diver. If it is reef fish fishery is estimated to earn permits. As a result, although the effects necessary to have two crew members at approximately $48,000 (2010 dollars). are not quantifiable with available data, the surface, only one diver could be The for-hire fleet is comprised of this proposed action would be expected underwater and would need to be line- charterboats, which charge a fee on a to increase the economic benefits to tended. Spearfishing while being line- vessel basis, and headboats, which small entities. tended could cause additional safety charge a fee on an individual angler The proposed increase in the issues. (head) basis. The average charterboat is maximum crew size from three to four estimated to earn approximately persons for dual-permitted vessels In addition, the Coast Guard Diving $89,000 (2010 dollars) in annual would allow increased flexibility for Policies and Procedures Manual (2009) revenue, while the average headboat is affected vessels to carry the number of states that ‘‘[a] minimum of four estimated to earn approximately crew best suited to the needs or personnel consisting of a diving $469,000 (2010 dollars). The average conditions of the trip. As a result, supervisor, diver, diver tender and a revenue profile of dual-permitted although the effects are again standby diver are required to conduct vessels is not available. unquantifiable with available data, SCUBA operations.’’ While this is not a There have been no other small increased economic benefits would be regulation applicable to commercial entities identified that would be expected to accrue to fishermen as a spearfishing vessels, it provides expected to be directly affected by this result of this increased flexibility. guidance to increase safety of the diving proposed rule. Therefore, the economic effects on small personnel. The Small Business Administration entities of this proposed rule, if This rule proposes to increase the has established size criteria for all major implemented, are expected to be crew size from three to four for dual- industry sectors in the U.S. including positive and not constitute a significant permitted vessels to improve the safety fish harvesters. A business involved in economic impact on a substantial at sea issues while commercially fish harvesting is classified as a small number of small entities. spearfishing, which would comply with business if it is independently owned Because this proposed rule, if National Standard 10 of the Magnuson- and operated, is not dominant in its implemented, would not be expected to Stevens Act. In addition, it allows field of operation (including its have a significant economic impact on commercial spearfishing vessels to affiliates), and has combined annual any small entities, an initial regulatory comply with the OSHA diving receipts not in excess of $4.0 million flexibility analysis is not required and regulations and the U.S. Coast Guard (NAICS code 114111, finfish fishing) for none has been prepared. guidance for conducting diving all its affiliated operations worldwide. Notwithstanding any other provision operations. The revenue threshold for a business of law, no person is required to respond

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to, nor shall a person be subject to a PART 622—FISHERIES OF THE 3. In § 622.4, paragraphs (m)(3), penalty for failure to comply with, a CARIBBEAN, GULF, AND SOUTH (m)(4), and (m)(5) are removed; collection-of-information subject to the ATLANTIC paragraph (m)(6) is redesignated as requirements of the Paperwork paragraph (m)(3); and paragraphs Reduction Act (PRA), unless that 1. The authority citation for part 622 continues to read as follows: (a)(2)(v) and (m)(2) are revised to read collection-of-information displays a as follows: currently valid Office of Management Authority: 16 U.S.C. 1801 et seq. and Budget (OMB) control number. 2. In § 622.2, the definition for § 622.4 Permits and fees. This proposed rule contains ‘‘charter vessel’’ is revised to read as (a) * * * collection-of-information requirements follows: subject to the PRA. NMFS estimates the (2) * * * removal of the income qualification § 622.2 Definitions and acronyms. (v) Gulf reef fish. For a person aboard requirements for commercial Gulf reef * * * * * a vessel to be eligible for exemption fish permit holders will result in a net Charter vessel means a vessel less from the bag limits, to fish under a decrease in the time to complete the than 100 gross tons (90.8 mt) that is quota, as specified in § 622.42(a)(1), or Federal Permit Application (for all subject to the requirements of the USCG to sell Gulf reef fish in or from the Gulf applicants), however, the current to carry six or fewer passengers for hire EEZ, a commercial vessel permit for burden estimate (20 minutes per and that engages in charter fishing at Gulf reef fish must have been issued to applicant) to complete the application any time during the calendar year. A the vessel and must be on board. If form would not decrease because the charter vessel with a commercial time to complete the Income permit, as required under § 622.4(a)(2), Federal regulations for Gulf reef fish in Qualification Affidavit is minimal is considered to be operating as a subparts A, B, or C of this part are more compared to the time to complete the charter vessel when it carries a restrictive than state regulations, a entire application. passenger who pays a fee or when there person aboard a vessel for which a These requirements have been are more than three persons aboard, commercial vessel permit for Gulf reef submitted to OMB for approval. NMFS including operator and crew, except for fish has been issued must comply with seeks public comment regarding: a charter vessel with a commercial such Federal regulations regardless of Whether this proposed collection-of- vessel permit for Gulf reef fish. A where the fish are harvested. See information is necessary for the proper charter vessel that has a charter vessel paragraph (a)(2)(ix) of this section performance of the functions of the permit for Gulf reef fish and a regarding an IFQ vessel account agency, including whether the commercial vessel permit for Gulf reef required to fish for, possess, or land information will have practical utility; fish is considered to be operating as a Gulf red snapper or Gulf groupers and the accuracy of the burden estimate; charter vessel when it carries a tilefishes and paragraph (a)(2)(xiv) of ways to enhance the quality, utility, and passenger who pays a fee or when there this section regarding an additional clarity of the information to be are more than four persons aboard, bottom longline endorsement required collected; and ways to minimize the including operator and crew. A charter to fish for Gulf reef fish with bottom burden of the collection-of-information, vessel that has a charter vessel permit longline gear in a portion of the eastern including through the use of automated for Gulf reef fish, a commercial vessel Gulf. See paragraph (m) of this section collection techniques or other forms of permit for Gulf reef fish, and a valid regarding a limited access system for information technology. Send comments Certificate of Inspection (COI) issued by commercial vessel permits for Gulf reef regarding the burden estimate or any the USCG to carry passengers for hire fish. other aspect of the collection-of- will not be considered to be operating information requirement, including as a charter vessel provided— * * * * * suggestions for reducing the burden, to (1) It is not carrying a passenger who (m) * * * NMFS and to OMB (see ADDRESSES). pays a fee; and (2) When underway for more than 12 (2) A permit holder may transfer the List of Subjects in 50 CFR Part 622 hours, that vessel meets, but does not commercial vessel permit for Gulf reef Fisheries, Fishing, Puerto Rico, exceed the minimum manning fish to another vessel owned by the Reporting and recordkeeping requirements outlined in its COI for same entity. A permit holder may also requirements, Virgin Islands. vessels underway over 12 hours; or transfer the commercial vessel permit Dated: July 13, 2012. when underway for not more than 12 for Gulf reef fish to the owner of another Samuel D. Rauch III, hours, that vessel meets the minimum vessel or to a new vessel owner when Deputy Assistant Administrator for manning requirements outlined in its he or she transfers ownership of the Regulatory Programs, performing the COI for vessels underway for not more permitted vessel. functions and duties of the Assistant than 12 hours (if any), and does not * * * * * Administrator for Fisheries, National Marine exceed the minimum manning [FR Doc. 2012–17495 Filed 7–17–12; 8:45 am] Fisheries Service. requirements outlined in its COI for BILLING CODE 3510–22–P For the reasons set out in the vessels that are underway for more than preamble, 50 CFR part 622 is proposed 12 hours. to be amended as follows: * * * * *

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Notices Federal Register Vol. 77, No. 138

Wednesday, July 18, 2012

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Mr. will be used for statistical purposes only contains documents other than rules or Chris Quatrano, Industry Analyst, and will be treated as confidential in proposed rules that are applicable to the Centers for Epidemiology and Animal accordance with CIPSEA guidelines. public. Notices of hearings and investigations, Health, VS, APHIS, 2150 Centre Avenue Only NAHMS staff and designated committee meetings, agency decisions and Building B MS 2E6, Fort Collins, CO agents will be permitted access to rulings, delegations of authority, filing of petitions and applications and agency 80526; (970) 494–7207. For copies of individual-level data. statements of organization and functions are more detailed information on the We are asking OMB to approve our examples of documents appearing in this information collection, contact Mrs. use of this information collection section. Celeste Sickles, APHIS’ Information activity for 2 years. Collection Coordinator, at (301) 851– The purpose of this notice is to solicit 2908. comments from the public (as well as agencies) concerning our information DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Title: National Animal Health collection. These comments will help Animal and Plant Health Inspection us: Service Monitoring System; Layers 2013 Study. OMB Number: 0579–XXXX. (1) Evaluate whether the collection of [Docket No. APHIS–2012–0051] Type of Request: Approval of a new information is necessary for the proper information collection activity. performance of the functions of the Notice of Request for Approval of a Abstract: Under the Animal Health Agency, including whether the New Information Collection; National Protection Act (7 U.S.C. 8301 et seq.), information will have practical utility; Animal Health Monitoring System; the Animal and Plant Health Inspection (2) Evaluate the accuracy of our Layers 2013 Study Service (APHIS) of the United States estimate of the burden of the Department of Agriculture is authorized information collection, including the AGENCY: Animal and Plant Health validity of the methodology and Inspection Service, USDA. to protect the health of U.S. livestock and poultry populations by preventing assumptions used; ACTION: Approval of a new information (3) Enhance the quality, utility, and collection activity; comment request. the introduction and interstate spread of serious diseases and pests of livestock clarity of the information to be collected; and SUMMARY: In accordance with the and for eradicating such diseases from Paperwork Reduction Act of 1995, this the United States when feasible. In (4) Minimize the burden of the notice announces the Animal and Plant connection with this mission, APHIS information collection on those who are Health Inspection Service’s intention to would like to conduct the Layers 2013 to respond, through use, as appropriate, initiate the Layers 2013 Study, an Study, which will be used to collect of automated, electronic, mechanical, information collection to support the information to: and other collection technologies, e.g., U.S. poultry industry. • Estimate flock-level prevalence of permitting electronic submission of responses. DATES: Salmonella enteritidis. We will consider all comments Estimate of burden: The public that we receive on or before September • Identify potential risk factors with reporting burden for this collection of 17, 2012. Salmonella enteritidis presence to support and enhance quality assurance information is estimated to average ADDRESSES: You may submit comments 0.625 hours per response. by either of the following methods: programs. • • Describe biosecurity measures and Respondents: Egg producers. Federal eRulemaking Portal: Go to Estimated annual number of http://www.regulations.gov/ management practices being used by the industry that are potentially related to respondents: 1,344. #!documentDetail;D=APHIS-2012-0051- Estimated annual number of 0001. the presence of Salmonella enteritidis. • Through the Layers 2013 Study, responses per respondent: 1. Postal Mail/Commercial Delivery: Estimated annual number of response APHIS will collect data, voluntarily, Send your comment to Docket No. hours: 1,344. from individual producers involved in APHIS–2012–0051, Regulatory Analysis Estimated total annual burden on the U.S. table egg layer industry. The and Development, PPD, APHIS, Station respondents: 840. (Due to averaging, the study questionnaire will be 3A–03.8, 4700 River Road, Unit 118, total annual burden hours may not administered by Veterinary Services Riverdale, MD 20737–1238. equal the product of the annual number Supporting documents and any personnel. No national, cross-company of responses multiplied by the reporting comments we receive on this docket study on the table egg layer industry has burden per response.) may be viewed at http:// been conducted since the National All responses to this notice will be www.regulations.gov/ Animal Health Monitoring Systems’ summarized and included in the request #!docketDetail;D=APHIS-2012-0051 or (NAHMS) Layers ‘99 Study. for OMB approval. All comments will in our reading room, which is located in On March 20, 2012, NAHMS was also become a matter of public record. room 1141 of the USDA South Building, recognized by Office of Management 14th Street and Independence Avenue and Budget (OMB) as a statistical unit Done in Washington, DC, this 12th day of SW., Washington, DC. Normal reading under Title V of the E-Governement Act July 2012. room hours are 8 a.m. to 4:30 p.m., of 2002, Public Law 107–347, also Kevin Shea, Monday through Friday, except known as the Confidential Information Acting Administrator, Animal and Plant holidays. To be sure someone is there to Protection and Statistical Efficiency Act Health Inspection Service. help you, please call (202) 799–7039 of 2002 (CIPSEA). All information [FR Doc. 2012–17535 Filed 7–17–12; 8:45 am] before coming. acquired under the Layers 2013 Study BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE Type of Request: Revision to and and submit specimens for laboratory extension of approval of an information analysis, and herd owners. Animal and Plant Health Inspection collection. Estimated annual number of Service Abstract: The United States respondents: 3,208. [Docket No. APHIS–2012–0054] Department of Agriculture (USDA) is Estimated annual number of responsible for, among other things, responses per respondent: 8.7594. Notice of Request for a Revision to and preventing the interstate spread of Estimated annual number of Extension of Approval of an livestock diseases and for eradicating responses: 28,100. Information Collection; Specimen such diseases from the United States Estimated total annual burden on Collection when feasible. respondents: 9,273 hours. (Due to In connection with this mission, the averaging, the total annual burden hours AGENCY: Animal and Plant Health Veterinary Services (VS) program of the may not equal the product of the annual Inspection Service, USDA. USDA’s Animal and Plant Health number of responses multiplied by the ACTION: Revision to and extension of Inspection Service conducts disease reporting burden per response.) approval of an information collection; surveillance programs. The VS Form All responses to this notice will be comment request. 10–4 and its supplemental sheet (VS summarized and included in the request Form 10–4A) are critical components of for OMB approval. All comments will SUMMARY: In accordance with the these programs. They are routinely used also become a matter of public record. Paperwork Reduction Act of 1995, this whenever specimens (such as blood, Done in Washington, DC, this 12th day of notice announces the Animal and Plant milk, tissue, or urine) from any animal Health Inspection Service’s intention to July 2012. (including cattle, swine, sheep, goats, Kevin Shea, request a revision to and an extension horses, and poultry) are submitted to of approval of an information collection Acting Administrator, Animal and Plant our National Veterinary Services Health Inspection Service. associated with livestock disease Laboratories for disease testing. surveillance programs. VS Form 5–38, Parasite Submission [FR Doc. 2012–17541 Filed 7–17–12; 8:45 am] DATES: We will consider all comments Form, is also being added to this BILLING CODE 3410–34–P that we receive on or before September collection. The Cattle Fever Tick 17, 2012. Eradication Program and the National DEPARTMENT OF AGRICULTURE ADDRESSES: You may submit comments Tick Surveillance Program rely on the by either of the following methods: information submitted on VS Form 5– Animal and Plant Health Inspection • Federal eRulemaking Portal: Go to 38, which was inadvertently omitted Service http://www.regulations.gov/ from previous submissions. #!documentDetail;D=APHIS-2012-0054- We are asking the Office of [Docket No. APHIS–2012–0057] Management and Budget (OMB) to 0001. Notice of Request for Extension of • Postal Mail/Commercial Delivery: approve our use of these information collection activities for an additional 3 Approval of an Information Collection; Send your comment to Docket No. Brucellosis Program APHIS–2012–0054, Regulatory Analysis years. and Development, PPD, APHIS, Station The purpose of this notice is to solicit AGENCY: Animal and Plant Health 3A–03.8, 4700 River Road Unit 118, comments from the public (as well as Inspection Service, USDA. affected agencies) concerning our Riverdale, MD 20737–1238. ACTION: Extension of approval of an information collection. These comments Supporting documents and any information collection; comment will help us: comments we receive on this docket request. may be viewed at http:// (1) Evaluate whether the collection of www.regulations.gov/ information is necessary for the proper SUMMARY: In accordance with the #!docketDetail;D=APHIS-2012-0054 or performance of the functions of the Paperwork Reduction Act of 1995, this in our reading room, which is located in Agency, including whether the notice announces the Animal and Plant room 1141 of the USDA South Building, information will have practical utility; Health Inspection Service’s intention to 14th Street and Independence Avenue (2) Evaluate the accuracy of our request an extension of approval of an SW., Washington, DC. Normal reading estimate of the burden of the collection information collection associated with room hours are 8 a.m. to 4:30 p.m., of information, including the validity of the Cooperative State-Federal Monday through Friday, except the methodology and assumptions used; Brucellosis Eradication Program. (3) Enhance the quality, utility, and holidays. To be sure someone is there to clarity of the information to be DATES: We will consider all comments help you, please call (202) 799–7039 collected; and that we receive on or before September before coming. (4) Minimize the burden of the 17, 2012. FOR FURTHER INFORMATION CONTACT: For collection of information on those who ADDRESSES: You may submit comments information regarding livestock disease are to respond, through use, as by either of the following methods: surveillance programs, contact Dr. Matt appropriate, of automated, electronic, • Federal eRulemaking Portal: Go to Messenger, Staff Entomologist, VS– mechanical, and other collection http://www.regulations.gov/ NAHPP, APHIS, 4700 River Road Unit technologies; e.g., permitting electronic #!documentDetail;D=APHIS-2012-0057- 43, Riverdale, MD 20737; (301) 851– submission of responses. 0001. 3421. For copies of more detailed Estimate of burden: The public • Postal Mail/Commercial Delivery: information on the information reporting burden for this collection of Send your comment to Docket No. collection, contact Mrs. Celeste Sickles, information is estimated to average 0.33 APHIS–2012–0057, Regulatory Analysis APHIS’ Information Collection hours per response. and Development, PPD, APHIS, Station Coordinator, at (301) 851–2908. Respondents: State veterinarians, 3A–03.8, 4700 River Road Unit 118, SUPPLEMENTARY INFORMATION: accredited veterinarians, animal health Riverdale, MD 20737–1238. Title: Specimen Submission. technicians, other State personnel who Supporting documents and any OMB Number: 0579–0090. are qualified and authorized to collect comments we receive on this docket

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may be viewed at http:// applications for validated brucellosis- owners, operators, and/or managers of www.regulations.gov/ free herd or brucellosis classification or slaughter establishments and dairy #!docketDetail;D=APHIS-2012-0057 or reclassification of a State or area; plants; and State animal health officials in our reading room, which is located in monthly reports of brucellosis and laboratory personnel. room 1141 of the USDA South Building, eradication activities and surveillance Estimated annual number of 14th Street and Independence Avenue activities; quarterly reports of swine respondents: 89,464. SW., Washington, DC. Normal reading brucellosis eradication activities; Estimated annual number of room hours are 8 a.m. to 4:30 p.m., brucellosis test records; reports of responses per respondent: 10.79981892. Monday through Friday, except backtags applied; brucellosis ring test Estimated annual number of holidays. To be sure someone is there to rack charts and patron lists; calfhood responses: 966,195. help you, please call (202) 799–7039 vaccination records; field investigations Estimated total annual burden on before coming. of brucellosis market test reactors; logs respondents: 251,785 hours. (Due to FOR FURTHER INFORMATION CONTACT: For for market cattle test reactors; reports of averaging, the total annual burden hours information on the Cooperative State- epidemiologic investigations of may not equal the product of the annual Federal Brucellosis Eradication brucellosis reactor herds; permits for number of responses multiplied by the Program, contact Dr. Debbi Donch, movement of animals; appraisals and reporting burden per response.) Brucellosis Program Manager, VS, indemnity claims for animals destroyed; All responses to this notice will be APHIS, 4700 River Road Unit 43, justifications for herd depopulation; and summarized and included in the request Riverdale, MD 20737; (301) 851–3559. agreements for complete herd for OMB approval. All comments will For copies of more detailed information depopulation. also become a matter of public record. These information collection on the information collection, contact Done in Washington, DC, this 12th day of Mrs. Celeste Sickles, APHIS’ activities are essential in determining July 2012. the brucellosis status of an area and Information Collection Coordinator, at Kevin Shea, (301) 851–2908. helping herd owners by allowing the timely detection and elimination of a Acting Administrator, Animal and Plant SUPPLEMENTARY INFORMATION: Health Inspection Service. serious disease. Title: State-Federal Brucellosis We are asking the Office of [FR Doc. 2012–17544 Filed 7–17–12; 8:45 am] Eradication Program. Management and Budget (OMB) to BILLING CODE 3410–34–P OMB Number: 0579–0047. approve our use of these information Type of Request: Extension of collection activities for an additional 3 approval of an information collection. DEPARTMENT OF AGRICULTURE years. Abstract: Under the Animal Health The purpose of this notice is to solicit Protection Act (7 U.S.C. 8301 et seq.), Animal and Plant Health Inspection comments from the public (as well as Service the Animal and Plant Health Inspection affected agencies) concerning our Service (APHIS) of the United States information collection. These comments [Docket No. APHIS–2012–0045] Department of Agriculture is authorized, will help us: among other things, to prohibit or (1) Evaluate whether the collection of General Conference Committee of the restrict the importation and interstate information is necessary for the proper National Poultry Improvement Plan; movement of animals and animal performance of the functions of the Solicitation for Membership products to prevent the introduction Agency, including whether the AGENCY: Animal and Plant Health into and dissemination within the information will have practical utility; United States of animal diseases and (2) Evaluate the accuracy of our Inspection Service, USDA. pests and for eradicating such diseases estimate of the burden of the collection ACTION: Notice of solicitation for when feasible. of information, including the validity of membership. Brucellosis is a contagious disease the methodology and assumptions used; SUMMARY: that primarily affects cattle, bison, and (3) Enhance the quality, utility, and We are giving notice that the swine. It causes the loss of young clarity of the information to be Secretary of Agriculture is soliciting through spontaneous abortion or birth of collected; and nominations for the election of regional weak offspring, reduced milk (4) Minimize the burden of the membership for the General Conference production, and infertility. The collection of information on those who Committee of the National Poultry continued presence of brucellosis in a are to respond, through use, as Improvement Plan. herd seriously threatens the health of appropriate, of automated, electronic, DATES: Consideration will be given to other animals. Brucellosis has caused mechanical, and other collection nominations received on or before devastating losses to farmers in the technologies; e.g., permitting electronic September 4, 2012. United States over the last century. submission of responses. ADDRESSES: Completed nomination The State-Federal Brucellosis Estimate of burden: The public forms should be sent to the person listed Eradication Program, a national reporting burden for this collection of under FOR FURTHER INFORMATION cooperative program, is working to information is estimated to average CONTACT. eradicate this serious disease of 0.260594393 hours per response. FOR FURTHER INFORMATION CONTACT: livestock from the United States. The Respondents: Commercial livestock Dr. program uses a system of State and area farm owners and/or managers; animal C. Stephen Roney, Senior Coordinator, classifications, movement restrictions, agriculture-related business owners National Poultry Improvement Plan, VS, surveillance programs, extensive and/or managers; accredited APHIS, 1506 Klondike Road, Suite 300, epidemiological investigations, and veterinarians; animal agriculture-related Conyers, GA 30094–5173, (770) 922– other measures to prevent its spread and agencies and organizations; breed 3496. eradicate the disease. registry agencies; agriculture extension SUPPLEMENTARY INFORMATION: The These measures require the use of agents; fair and exhibition officials; General Conference Committee (the many information collection activities owners, operators, and/or managers of Committee) of the National Poultry and associated forms, including livestock markets; livestock dealers, Improvement Plan (NPIP) is the

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Secretary’s Advisory Committee on DEPARTMENT OF AGRICULTURE Rural Development, 1400 Independence poultry health. The Committee serves as Avenue SW., Washington, DC 20250– a forum for the study of problems Rural Housing Service 0781, telephone: (202) 720–1753 (This is relating to poultry health and, as not a toll free number), or via email: Notice of Funding Availability (NOFA) necessary, makes specific [email protected]. If you of Applications for Section 514 Farm have questions regarding Net Zero recommendations to the Secretary Labor Housing Loans and Section 516 concerning ways the U.S. Department of Energy Consumption and Energy Farm Labor Housing Grants for Off- Generation please contact Carlton Agriculture may assist the industry in Farm Housing for Fiscal Year (FY) 2012 addressing these problems. The Jarratt, Finance and Loan Analyst, Committee assists the Department in AGENCY: Rural Housing Service, USDA. Multi-Family Housing Preservation and planning, organizing, and conducting ACTION: Notice. Direct Loan Division at (804) 287–1524 the Biennial Conference of the NPIP. or via email: SUMMARY: This Notice announces the [email protected]. The Committee recommends whether timeframe to submit pre-applications for SUPPLEMENTARY INFORMATION: new proposals should be considered by Section 514 Farm Labor Housing (FLH) the delegates to the Biennial Conference loans and Section 516 FLH grants for Paperwork Reduction Act and serves as a direct liaison between the construction of new off-farm FLH The reporting requirements contained the NPIP and the United States Animal units and related facilities for domestic Health Association. in this Notice have been approved by farm laborers and for the purchase and the Office of Management and Budget Terms will expire for current regional substantial rehabilitation of an existing under Control Number 0575–0189. members of the Committee in non-farm labor housing (FLH) property. September 2012. We are soliciting The intended purpose of these loans Overview Information nominations from interested and grants is to increase the number of Federal Agency Name: Rural organizations and individuals to replace available housing units for domestic Development. members on the Committee for the farm laborers. This Notice describes the Funding Opportunity Title: NOFA for South Atlantic Region (Delaware, method used to distribute funds, the Section 514 Farm Labor Housing Loans application process, and submission District of Columbia, Florida, Georgia, and Section 516 Farm Labor Housing requirements. Maryland, North Carolina, Puerto Rico, Grants for Off-Farm Housing for Fiscal South Carolina, Virginia, and West DATES: The deadline for receipt of all Year 2012. Virginia), South Central Region applications in response to this Notice Announcement Type: Initial Notice (Alabama, Arkansas, Kentucky, is 5:00 p.m., local time to the inviting applications from qualified Louisiana, Mississippi, Oklahoma, appropriate Rural Development State applicants for Fiscal Year 2012. Tennessee, and Texas), and West North Office on September 17, 2012. The Catalog of Federal Domestic Assistance Central Region (Iowa, Kansas, application closing deadline is firm as Numbers (CFDA): 10.405 and 10.427. to date and hour. Rural Development Minnesota, Missouri, Nebraska, North DATES: The deadline for receipt of all will not consider any application that is Dakota, and South Dakota). There must applications in response to this is 5 received after the closing deadline be at least two nominees for each p.m., local time to the appropriate Rural unless date and time is extended by Development State Office on September position. Nomination forms are another Notice published in the Federal available on the Internet at http:// 17, 2012. The application closing Register. Applicants intending to mail deadline is firm as to date and hour. www.ocio.usda.gov/forms/doc/AD– applications must provide sufficient 755.pdf or may be obtained from the Rural Development will not consider time to permit delivery on or before the any application that is received after the person listed under FOR FURTHER closing deadline. Acceptance by a post closing deadline unless the date and INFORMATION CONTACT. To ensure the office or private mailer does not time is extended by another Notice recommendations of the Committee constitute delivery. Facsimile (FAX) and published in the Federal Register. have taken into account the needs of the postage due applications will not be Applicants intending to mail diverse groups served by the accepted. applications must provide sufficient Department, membership should Applicants wishing to apply for time to permit delivery on or before the include, to the extent practicable, assistance must contact the Rural closing deadline. Acceptance by a post individuals with demonstrated ability to Development State Office serving the office or private mailer does not represent underrepresented groups State of the proposed off-farm labor constitute delivery. Facsimile (FAX) and (minorities, women, and persons with housing project in order to receive postage due applications will not be disabilities). At least one nominee from further information and copies of the accepted. each of the three regions must be from application package. Rural Development an underrepresented group. The voting will date and time stamp incoming I. Funding Opportunities Description will be by secret ballot of official applications to evidence timely receipt The funds available for FY 2012 Off- delegates from the respective region, and, upon request, will provide the Farm Labor Housing are $20,790,629.57 and the results will be recorded. applicant with a written for Section 514 loans, up to $7,100,000 acknowledgment of receipt. A listing of for Section 516 grants, and $2,500,000 Done in Washington, DC, this 12th day of Rural Development State Offices, their for FLH Rental Assistance. July 2012. addresses, telephone numbers, and Kevin Shea, person to contact is under Section VII of II. Award Information Acting Administrator, Animal and Plant this Notice. Applications for FY 2012 will only be Health Inspection Service. FOR FURTHER INFORMATION CONTACT: accepted through the date and time [FR Doc. 2012–17534 Filed 7–17–12; 8:45 am] Mirna Reyes-Bible, Finance and Loan listed in this Notice. Depending on the BILLING CODE 3410–34–P Analyst, Multi-Family Housing feasibility of the loan underwriting, Preservation and Direct Loan Division, final loan and grant levels may fluctuate STOP 0781 (Room 1243–S), USDA, from the initial amount considered with

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the pre-application, and all awards are Development’s design and construction iii. Broad-based nonprofit subject to availability of funding. Once standards contained in 7 CFR part 1924, organizations must have a membership the Agency has committed 70 percent of subparts A and C. Once constructed, off- that reflects a variety of interests in the the available FY 2012 program funds to farm FLH must be managed in area where the housing will be located. new construction applications, no accordance with 7 CFR part 3560. In IV. Administrative Requirements further funding will be available for new addition, off-farm FLH must be operated construction applications until after on a non-profit basis and tenancy must A. Cost Sharing or Matching August 31, 2012. If funding is available be open to all qualified domestic farm Section 516 grants for off-farm FLH after August 31, 2012, then new laborers, regardless at which farm they may not exceed the lesser of 90 percent construction applications will be work. Section 514(f)(3) of the Housing of the TDC as provided in 7 CFR considered and compete for funding Act of 1949, as amended (42 U.S.C. 3560.562(c)(1). using this NOFA’s scoring criteria 1484(f)(3)) defines domestic farm without regard to the aforementioned laborers to include any person B. Other Requirements funding limitations. Individual requests regardless of the person’s source of The following requirements apply to may not exceed $3 million (total loan employment, who receives a substantial loans and grants made in response to and grant). No State may receive more portion of his or her income from the this Notice: than 30 percent of available FLH primary production of agricultural or 1. 7 CFR part 1901, subpart E, funding distributed in FY 2012. If there aquacultural commodities in the regarding equal opportunity are insufficient applications from unprocessed or processed stage, and requirements; around the country to exhaust Sections also includes the person’s family. 2. For grants only, 7 CFR part 3015, 514 and 516 funds available, the Agency B. Tenant Eligibility 3016 or 3019 (as applicable) and 7 CFR may then exceed the 30 percent cap per 3052, which establishes the uniform State. Section 516 off-farm FLH grants Tenant eligibility is limited to persons administrative and audit requirements may not exceed 90 percent of the total who meet the definition of a ‘‘disabled for grants and cooperative agreements to development cost (TDC) of the housing domestic farm laborer,’’ or ‘‘a domestic State and local governments and to as defined in 7 CFR part 3560.11. farm laborer,’’ or ‘‘retired domestic farm nonprofit organizations; Applicants that will use leveraged laborer,’’ as defined in 7 CFR Section 3. 7 CFR part 1901, subpart F, funding must include in the pre- 3560.11. Farm workers who are regarding historical and archaeological application written evidence from the admitted to this country on a temporary properties; third-party funder that an application basis under the Temporary Agricultural 4. 7 CFR part 1940, subpart G, for those funds has been submitted and Workers (H–2A Visa) program are not regarding environmental assessments; accepted. If leveraged funds are in the eligible to occupy Section 514/516 off- 5. 7 CFR part 3560, subpart L, form of tax credits, the applicant must farm FLH. regarding the loan and grant authorities include in its pre-application written C. Applicant Eligibility of the off-farm FLH program; evidence that a tax credit application 6. 7 CFR part 1924, subpart A, has been submitted and accepted by the 1. To be eligible to receive a Section regarding planning and performing Housing Finance Agency (HFA). 516 grant for off-farm FLH, the applicant construction and other development; Applications that will receive leveraged must be a broad-based nonprofit 7. 7 CFR part 1924, subpart C, funding must have firm commitments in organization, including community and regarding the planning and performing place for all of the leveraged funding faith-based organizations, a nonprofit of site development work; within 12 months of the issuance of a organization of farm workers, a federally 8. For construction financed with a ‘‘Notice of Preapplication Review recognized Indian tribe, an agency or Section 516 grant, the provisions of the Action,’’ Handbook Letter 103 (3060). political subdivision of a State or local Davis-Bacon Act (40 U.S.C. 276(a)– Rental Assistance and operating government, or a public agency (such as 276(a)(5) and implementing regulations assistance will be available for new a housing authority). The applicant published at 29 CFR parts 1, 3, and 5; construction in FY 2012. Operating must be able to contribute at least one- 9. All other requirements contained in assistance is explained at 7 CFR part tenth of the TDC from non-Rural 7 CFR part 3560, regarding the section 3560.574 and may be used in lieu of Development resources which can 514/516 off-farm FLH program; and tenant-specific rental assistance (RA) in include leveraged funds. 10. Please note that grant applicants off-farm labor housing projects that 2. To be eligible to receive a Section must obtain a Dun and Bradstreet Data serve migrant farm workers as defined 514 loan for off-farm FLH, the applicant Universal Numbering System (DUNS) in 7 CFR part 3560.11 that are financed must be a broad-based nonprofit number and maintain registration in the under section 514 or section 516(h) of organization, including community and Central Contractor Registration (CCR) the Housing Act of 1949, as amended faith-based organizations, a nonprofit prior to submitting a pre-application (42 U.S.C. 1484 and 1486(h) organization of farm workers, a federally pursuant to 2 CFR part 25.200(b). In respectively), and otherwise meet the recognized Indian tribe, an agency or addition, an entity applicant must requirements of 7 CFR part 3560.574. political subdivision of a State or local maintain registration in the CCR Owners of eligible projects may choose government, a public agency (such as a database at all times during which it has tenant-specific RA or operating housing authority), or a limited an active Federal award or an assistance, or a combination of both; partnership which has a nonprofit entity application or plan under construction however, any tenant or unit assisted as its general partner, and by the Agency. Similarly, all recipients with operating assistance may not also i. Be unable to provide the necessary of Federal financial assistance are receive RA. housing from its own resources; and required to report information about III. Eligibility Information ii. Except for State or local public first-tier sub-awards and executive agencies and Indian tribes, be unable to compensation in accordance with 2 CFR A. Housing Eligibility obtain similar credit elsewhere at rates part 170. So long as an entity applicant Housing that is constructed with FLH that would allow for rents within the does not have an exception under 2 CFR loans and/or grants must meet Rural payment ability of eligible residents. part 170.110(b), the applicant must have

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the necessary processes and systems in Notice. You may use one of the Applicants are reminded that all place to comply with the reporting following three options for submitting submissions received after the deadline requirements should the applicant the entire proposal package comprising date and time will be rejected, receive funding. See 2 CFR part of all required forms and documents. On regardless of when they were sent. 170.200(b). the Loan Proposal form you can indicate If you receive a loan or grant award the option you will be using to submit under this NOFA, USDA reserves the V. Application and Submission each required form and document. right to post all information not Information (1) Electronic Media Option. Submit protected under the Privacy Act and A. Pre-Application Submission all forms and documents as read-only submitted as part of the pre-application/ Adobe Acrobat files on electronic media The application process will be in two application package on a public Web such as CDs, DVDs, or USB drives. For phases: The initial pre-application (or site with free and open access to any each electronic device submitted, the proposal) and the submission of a final member of the public. applicant should include a Table of If a pre-application is accepted for application. Only those pre-applications Contents of all documents and forms on further processing, the applicant must or proposals that are selected for further that device. The electronic media submit a complete, final application, processing will be invited to submit should be submitted to the Rural acceptable to Rural Development prior final applications. In the event that a Development State Office listed in this to the obligation of Rural Development proposal is selected for further Notice where the property is located. funds. If the pre-application is not processing and the applicant declines, Any forms and documents that are not accepted for further processing the the next highest ranked unfunded pre- sent electronically, including the check applicant will be notified of appeal application may be selected for further for credit reports, must be mailed to the rights under 7 CFR part 11. processing. All pre-applications for Rural Development State Office. Sections 514 and 516 funds must be (2) Email Option. On the Loan B. Pre-Application Requirements filed with the appropriate Rural Proposal form you will be asked for a 1. The pre-application must contain Development State Office and must Submission Email Address. This email the following: meet the requirements of this Notice. address will be used to establish a folder i. A summary page listing the Incomplete pre-applications will not be on the USDA server with your unique following items. This information reviewed and will be returned to the email address. Once the Loan Proposal should be double-spaced between items applicant. No pre-application will be form is processed, you will receive an and not be in narrative form. accepted after 5:00 p.m., local to the additional email notifying you of the (a) Applicant’s name. appropriate Rural Development State email address that you can use to email (b) Applicant’s Taxpayer Office on September 17, 2012 unless your forms and documents. Please Note: Identification Number. date and time are extended by another All forms and documents must be (c) Applicant’s address. Notice published in the Federal emailed from the same Submission (d) Applicant’s telephone number. Register. Email Address. This will ensure that all (e) Name of applicant’s contact Pre-applications can be submitted forms and documents that you send will person, telephone number, and address. either electronically using the FLH Pre- be stored in the folder assigned to that (f) Amount of loan and grant application form found at: [http:// email address. Any forms and requested. www.rurdev.usda.gov/HAD- documents that are not sent in via the (g) For grants of federal financial Farm_Labor_Grants.html] or in hard email option must be submitted on an assistance (including loans and grants, copy obtained from and submitted to electronic media or in hard copy form cooperative agreements, etc.), the the appropriate Rural Development to the Rural Development State Office. applicant’s Dun and Bradstreet Data Office where the project will be located. (3) Hard Copy Submission to the Universal Numbering System (DUNS) Applicants are strongly encouraged, but Rural Development State Office. If you number and registration in the Central not required, to submit the pre- are unable to send the proposal package Contractor Registration (CCR) database application electronically. The electronically using either of the options in accordance with 2 CFR part 25. As electronic form contains a button listed above, you may send a hard-copy required by the Office of Management labeled ‘‘Send Form.’’ By clicking on the of all forms and documents to the USDA and Budget (OMB), all grant applicants button, the applicant will receive an Rural Development State Office where must provide a DUNS number when email with an attachment that includes the property is located. Hard copy pre- applying for Federal grants, on or after the electronic form the applicant filled applications received on or before the October 1, 2003. Organizations can out as a data file with a .PDF extension. deadline date will receive the close of receive a DUNS number at no cost by In addition, an auto-reply business time of the day received as the calling the dedicated toll-free number at acknowledgement will be sent to the receipt time. Hard copy pre-applications 1–866–705–5711 or via Internet at applicant when the electronic Loan must be received by the submission http://www.dnb.com/us/. Additional Proposal form is received by the Agency deadline and no later than 5:00 p.m., information concerning this unless the sender has software that will local time, September 17, 2012. requirement can be obtained on the block the receipt of the auto-reply email. Assistance for filling electronic and Grants.gov Web Site at http://www. The State Office will record pre- hard cop pre-applications can be grants.gov. Similarly, applicants may applications received electronically by obtained from any Rural Development register for the CCR at: https:// the actual date and time when all State Office. uscontractorregistration.com or by attachment are received at the State For electronic submissions, there is a calling 1–877–252–2700. Office. time delay between the time it is sent ii. Awards made under this Notice are Submission of the electronic section and the time it is received depending on subject to the provisions contained in 514 Loan Proposal form does not network traffic. As a result, last-minute the Agriculture, Rural Development, constitute submission of the entire submissions sent before the deadline Food and Drug Administration, and proposal package which requires date and time could well be received Related Agencies Appropriations Act, additional forms and supporting after the deadline date and time because 2012, O.L. No. 112–55 Division A documentation as listed within this of the increased network traffic. section 735 and 739 regarding corporate

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felony convictions and corporate federal United States of America to make a be drawn for the proposed project. tax delinquencies. To comply with these determination of continued eligibility of the Documentation must be provided to provisions, all applicants must complete applicant for a loan as requested in the loan justify a need within the intended and include in the pre-application application of which this statement is a part. market area for the housing of paragraph (a) of this representation, and vi. For loan pre-applications, a check ‘‘domestic farm laborers,’’ as defined in all corporate applicants also must for $40 from applicants made out to 7 CFR Section 3560.11. The complete paragraph (b) and (c) of this United States Department of documentation must take into account representation: Agriculture. This will be used to pay for disabled and retired farm workers. The (a) Applicant ______[insert credit reports obtained by Rural preliminary survey should address or applicant name] is __ is not __ (check Development. include the following items: one) an entity that has filed articles of vi. Evidence that the applicant is (a) The annual income level of incorporation in one of the fifty states, unable to obtain credit from other farmworker families in the area and the the District of Columbia, or the various sources. Letters from credit institutions probable income of the farm workers territories of the United States including which normally provide real estate who will likely occupy the proposed American Samoa. Federated States of loans in the area should be obtained and housing; Micronesia, Guam, Midway Islands, these letters should indicate the rates (b) A realistic estimate of the number Northern Mariana Islands, Puerto Rico, and terms upon which a loan might be of farm workers who remain in the area Republic of Palau, Republic of the provided. (Note: Not required from State where they harvest and the number of Marshall Islands, U.S. Virgin Islands. or local public agencies or Indian farm workers who normally migrate into (b) Applicant ______[insert tribes.) the area. Information on migratory applicant name] has __ has not __ vii. If a FLH grant is desired, a workers should indicate the average (check one) has been convicted of a statement concerning the need for a FLH number of months the migrants reside felony criminal violation under Federal grant. The statement should include in the area and an indication of what or state law in the 24 months preceding preliminary estimates of the rents type of family groups are represented by the date of application Applicant has __ required with and without a grant. the migrants (i.e., single individuals as has not __ (check one) had any officer viii. A statement of the applicant’s opposed to families); of agent of the Applicant convicted of a experience in operating labor housing or (c) General information concerning felony criminal violation for actions other rental housing. If the applicant’s the type of labor intensive crops grown taken on behalf of the Applicant under experience is limited, additional in the area and prospects for continued Federal or state law in the 24 months information should be provided to demand for farm laborers; preceding the date of the signature on indicate how the applicant plans to (d) The overall occupancy rate for the pre-application. compensate for this limited experience comparable rental units in the area and (c) Applicant ______[insert (i.e., obtaining assistance and advice of the rents charged and customary rental applicant name] has __ has not __ a management firm, non-profit group, practices for these units (i.e., will they (check one) any unpaid Federal tax public agency, or other organization rent to large families, do they require liability that has been assessed, for which is experienced in rental annual leases, etc.); which all judicial and administrative management and will be available on a (e) The number, condition, adequacy, remedies have been exhausted or have continuous basis). rental rates and ownership of units lapsed, and that is not being paid in a ix. A brief statement explaining the currently used or available to farm timely manner pursuant to an agreement applicant’s proposed method of workers; with the authority responsible for operation and management (i.e., on-site (f) A description of the units collecting tax liability. manager, contract for management proposed, including the number, type, iii. A narrative verifying the services, etc.). As stated earlier in this size, rental rates, amenities such as applicant’s ability to meet the eligibility Notice, the housing must be managed in carpets and drapes, related facilities requirements stated earlier in this accordance with the program’s such as a laundry room or community notice. If an applicant is selected for management regulation, 7 CFR part room and other facilities providing further processing, Rural Development 3560 and tenancy is limited to ‘‘disabled supportive services in connection with will require additional documentation domestic farm laborers,’’ ‘‘domestic the housing and the needs of the as set forth in a Conditional farm laborers,’’ and ‘‘retired domestic prospective tenants such as a health Commitment in order to verify the farm laborers,’’ as defined in 7 CFR part clinic or day care facility, estimated entity has the legal and financial 3560.11. development timeline, estimated total capability to carry out the obligation of xi. Applicants must also provide: development cost, and applicant the loan. (a) A copy of, or an accurate citation contribution; and iv. Standard Form 424, ‘‘Application to, the special provisions of State law (g) The applicant must also identify for Federal Assistance,’’ can be obtained under which they are organized, a copy all other sources of funds, including the at: https://www.grants.gov or from any of the applicant’s charter, Articles of dollar amount, source, and commitment Rural Development State Office listed in Incorporation, and By-laws; status. (Note: A Section 516 grant may Section VII of this Notice. (b) The names, occupations, and not exceed 90 percent of the total v. For loan pre-applications, current addresses of the applicant’s members, development cost of the housing.) The (within 6 months of pre-application directors, and officers; and applicant must submit a checklist, date) financial statements with the (c) If a member or subsidiary of certification, and signed affidavit by the following paragraph certified by the another organization, the organization’s project architect or engineer, as applicant’s designated and legally name, address, and nature of business. applicable, for any energy programs authorized signer: xii. A preliminary market survey or listed in Section IV the applicant market study to identify the supply and I/we certify the above is a true and accurate intends to participate in. reflection of our financial condition as of the demand for labor housing in the market xiii. The following forms are required: date stated herein. This statement is given for area. The market area must be clearly (a) A completed Form RD 1940–20, the purpose of inducing the United States of identified and may include only the ‘‘Request for Environmental America to make a loan or to enable the area from which tenants can reasonably Information,’’ and a description of

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anticipated environmental issues or xiv. Evidence of site control, such as of completeness of the application and concerns. The form can be found at an option contract or sales contract. In the eligibility of each applicant on the http://www.rurdev.usda.gov/regs/forms/ addition, a map and description of the information provided in the pre- 1940-20.pdf. proposed site, including the availability application. (b) A prepared HUD Form 935.2A, of water, sewer, and utilities and the A. Selection Criteria. Section 514 loan ‘‘Affirmative Fair Housing Marketing proximity to community facilities and funds and section 516 grant funds will Plan (AFHM) Multi-family Housing,’’ in services such as shopping, schools, be distributed to States based on a accordance with 7 CFR 1901.203(c). The transportation, doctors, dentists, and national competition, as follows: plan will reflect that occupancy is open hospitals. 1. Rural Development State Office to all qualified ‘‘domestic farm xv. Preliminary plans and will accept, review, and score pre- laborers,’’ regardless of which farming specifications, including plot plans, applications in accordance with this operation they work and that they will building layouts, and type of Notice. The scoring factors are: not discriminate on the basis of race, construction and materials. The housing i. The presence of construction cost color, sex, age, disability, marital or must meet Rural Development’s design savings, including donated land and familial status or National origin in and construction standards contained in construction leverage assistance, for the regard to the occupancy or use of the 7 CFR part 1924, subparts A and C and units that will serve program-eligible units. The form can be found at must also meet all applicable Federal, tenants. The savings will be calculated http://www.hud.gov/offices/adm/ State, and local accessibility standards. as a percentage of the Rural hudclips/forms/files/935-2a.pdf. xvi. A supportive services plan, Development TDC. The percentage (c) A proposed operating budget which describes services that will be calculation excludes any costs utilizing Form RD 3560–7, ‘‘Multiple provided on-site or made available to prohibited by Rural Development as Family Housing Project Budget/Utility tenants through cooperative agreements loan expenses, such as a developer’s fee. Allowance,’’ can be found at http:// with service providers in the Construction cost savings includes, but www.rurdev.gov/regs/forms/3560- community, such as a health clinic or is not limited to, funds for hard 07.pdf. day care facility. Off-site services must construction costs, and State or Federal (d) An estimate of development cost be accessible and affordable to farm funds which are applicable to utilizing Form RD 1924–13, ‘‘Estimate workers and their families. Letters of construction costs. A minimum of ten and Certificate of Actual Cost,’’ can be intent from service providers are percent cost savings is required to earn found at http://forms.sc.egov.usda.gov/ acceptable documentation at the pre- points; however, if the total percentage efcommon/eFileServices/eForms/ application stage. of cost savings is less than ten percent RD1924-13.PDF. xvii. A sources and uses statement and the proposal includes donated land, (e) Form RD 3560–30, ‘‘Certification which shows all sources of funding two points will be awarded for the of no Identity of Interest (IOI),’’ can be included in the proposed project. The donated land. To count as cost savings found at http://forms.sc.egov.usda.gov/ terms and schedules of all sources for purposes of the selection criteria, the efcommon/eFileServices/eForms/ included in the project should be applicant must submit written evidence RD3560-30.PDF and Form RD 3560–31, included in the sources and uses from the third-party funder that an ‘‘Identity of Interest Disclosure/ statement. application for those funds has been Qualification Certification,’’ can be xviii. A separate one-page information submitted and accepted points will be found at http://forms.sc.egov.usda.gov/ sheet listing each of the ‘‘Pre- awarded in accordance with the efcommon/eFileServices/eForms/ Application Scoring Criteria,’’ contained following table using rounding to the RD3560-31.PDF. in this Notice, followed by a reference nearest whole number. (f) Form HUD 2530, ‘‘Previous to the page numbers of all relevant Participation Certification,’’ can be material and documentation that is Percentage Points found at http://www.hud.gov/offices/ contained in the proposal that supports adm/hudclips/forms/files/2530.pdf. the criteria. 75 or more ...... 20 (g) If requesting RA or Operating 60–74 ...... 18 xix. Applicants are encouraged, but 50–59 ...... 16 Assistance, Form RD 3560–25, ‘‘Initial not required, to include a checklist of all 40–49 ...... 12 Request for Rental Assistance or of the pre-application requirements and 30–39 ...... 10 Operating Assistance,’’ can be found at to have their pre-application indexed 20–29 ...... 8 http://forms.sc.egov.usda.gov/ and tabbed to facilitate the review 10–19 ...... 5 efcommon/eFileServices/eForms/ process; 0–9 ...... 0 RD3560-25.PDF. xx. Evidence of compliance with the (h) Form RD 400–4, ‘‘Assurance requirements of the applicable State ii. The presence of operational cost Agreement,’’ can be found at http:// Housing Preservation Office (SHPO), savings, such as tax abatements, non- forms.sc.egov.usda.gov/efcommon/ and/or Tribal Historic Preservation Rural Development tenant subsidies or eFileServices/eForms/RD400-4.PDF. Officer (THPO). A letter from the SHPO donated services are calculated on a per- Applicants for revitalization, repair, and and/or THPO where the off-farm labor unit cost savings for the sum of the rehabilitation funding are to apply housing project is located, signed by savings. Savings must be available for at through the Multi-Family Housing their designee will serve as evidence of least 5 years and documentation must Revitalization Demonstration Program compliance. be provided with the application (MPR). demonstrating the availability of savings (i) Evidence of compliance with VI. Pre-Application Review for 5 years. To calculate the savings, Executive Order 12372. The applicant Information take the total amount of savings and must send a copy of Form SF–424 to the All applications for Sections 514 and divide it by the number of units in the applicant’s state clearinghouse for 516 funds must be filed electronically or project that will benefit from the savings intergovernmental review. If the with the appropriate Rural Development to obtain the per unit cost savings. For applicant is located in a state that does State Office and meet the requirements non-Rural Development tenant subsidy, not have a clearinghouse, the applicant of this Notice. The Rural Development if the value changes during the five-year is not required to submit the form. State Office will base its determination calculation, the applicant must use the

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lower of the non-rural development Rehabilitation of Existing Non-Farm —Emerald Level (45 points) and tenant subsidy to calculate per-unit cost Labor Housing Property. Depending on • Participation in the Department of savings. For example, a 10 unit property the scope of work, properties may earn Energy’s Builder’s Challenge program. (8 with 100 percent designated farm labor ‘‘energy initiative’’ points in one or two points) http://www1.eere.energy.gov/ housing units receiving $20,000 per year categories: (1) New Construction or Gut builders/challenge/ and • Participation in local green/energy non-rural development subsidy yields a Rehabilitation, or (2) General efficient building standards; Applicants who cost savings of $100,000 ($20,000*5 Rehabilitation. Projects will be eligible participate in a city, county or municipality years); resulting to a $10,000 per-unit for one category or the two, but not program, will receive an additional 2 points. cost savings ($100,000/10 units). both. The project architect’s affidavit The applicant should be aware of and look To determine cost savings in a mixed should specify which category is for additional requirements that are income complex that will serve other applicable. sometimes embedded in the third-party income levels than farm labor housing Properties in any category also may program’s rating and verification systems. income-eligible tenants, use only the receive points for Energy Generation (2 points) 2. Energy Conservation for General number of units that will serve farm and Green Property Management. Rehabilitation (maximum 32 points). labor housing income-eligible tenants. Energy programs including LEED for Pre-applications for the purchase and Round percentages to the nearest whole Homes, Green Communities, etc., will substantial rehabilitation of non- number, rounding up at 0.50 and above each have an initial checklist indicating program MFH and related facilities in and down at 0.49 and below. prerequisites for participation in its Use the following table to apply energy program. The applicable energy rural areas may be eligible to receive 32 points. program checklist will establish points for the following initiatives. • Participation in the EPA’s Energy whether prerequisites for the energy Star for Homes V3 program will be Per-unit cost savings Points program’s participation will be met. All awarded 30 points for any project that checklists must be accompanied by a Above $15,000 ...... 20 qualifies for the program. (30 points) signed affidavit by the project architect $10,001–$15,000 ...... 18 http://www.enterprisecommunity.com/ or engineer stating that the goals are $7,501–$10,000 ...... 16 csolutions-and-innovation/enterprise- achievable. The checklist and affidavit $5,001–$7,500 ...... 12 green-communities and $3,501–$5,000 ...... 10 must be submitted together with the Participation in local green/energy $2,001–$3,500 ...... 8 loan application. efficient building standards; Applicants $1,000–$2,000 ...... 5 1. Energy Conservation for New who participate in a city, county or Construction or Gut Rehabilitation of an municipality program, will receive an iii. Percent of units for seasonal, Existing Building (maximum 55 points). additional 2 points. The applicant temporary, migrant housing. (5 points Projects may be eligible for up to 55 should be aware of and look for for up to and including 50 percent of the points when the pre-application additional requirements that are units; 10 points for 51 percent or more includes a written certification by the sometimes embedded in the third-party units used for seasonal, temporary, or applicant to participate in the following programs’ rating and verification migrant housing.) energy efficiency programs. system. (2 points) iv. Presence of tenant services. The points will be allocated as (a) Up to 10 points will be awarded 3. Energy Generation (maximum 5 follows: points). Pre-applications for new based on the presence of and extent to • Participation in the EPA’s Energy construction or purchase and which a tenant services plan exists that Star for Homes V3 program (20 points). rehabilitation of non-program multi- clearly outlines services that will be http://www.energystar.gov/index. family projects which participate in the provided to the residents of the cfm?c=bldrs_lenders_raters.pt_bldr or proposed project. These services may • Participation in the Green Energy Star for Homes V3 program, include, but are not limited to, Communities program by the Enterprise Green Communities, LEED for Homes or transportation related services, on-site Community Partners. (30 points) NAHB’s National Green Building English as a Second Language (ESL) http://www.enterprisecommunity.com/ Standard (ICC–700) 2008, receive at classes, move-in funds, emergency solutions-and-innovation/enterprise- least 8 points for energy generation will assistance funds, homeownership green-communities or compliment a weatherlight, well counseling, food pantries, after school • Participation in one of the following insulated building envelope with highly tutoring, and computer learning centers. two programs will be awarded points for efficient mechanical systems. Possible (b) Two points will be awarded for certification. renewable energy generation each resident service included in the technologies include, but are not limited tenant services plan up to a maximum Note: Each program has four levels of to: Wind turbines and micro-turbines, certification. State the level of certification micro-hydro power, and photovoltaics of 10 points. Plans must detail how the that the applicant plans will achieve in their services are to be administered, who certification: (capable of producing a voltage when exposed to radiant energy, especially will administer them, and where they • will be administered. All tenant service LEED for Homes program by the United light), solar hot water systems and States Green Building Council (USGBC): biomass/biofuel systems that do not use plans must include letters of intent that http://www.usgbc.org/homes. clearly state the service that will be fossil fuels in production. Geo-exchange —Certified Level (30 points), or systems are highly encouraged as they provided at the project for the benefit of —Silver Level (35 points), or the residents from any party —Gold Level (40 points), or lessen the total demand for energy and, administering each service, including —Platinum Level (45 points), or if supplemented with other renewable the applicant. • The National Association of Home energy sources, can achieve zero energy consumption more easily. Points under V. Energy Initiative Properties Builders (NAHB) ICC 700–2008 National Green Building Standard TM: http:// this section will be awarded as follows. (a) Energy Initiatives Properties may www.nahb.org. Projects with preliminary or receive a maximum of 65 points for —Bronze Level (30 points), or rehabilitation building plans and energy energy initiatives. Projects may either be —Silver Level (35 points), or analysis propose a 10 percent to 100 New Construction or Purchase and —Gold Level (40 points), or percent energy generation commitment

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(where generation is considered by the whether their applications have been Palmer, AK 99645, (907) 761–7723, total amount of energy needed to be selected or rejected and provide appeal Cindy Jackson. generated on-site to make the building rights under 7 CFR part 11, as Arizona State Office a net-zero consumer of energy) may be appropriate. Phoenix Courthouse and Federal awarded points corresponding to their Building, 230 North First Ave., VII. Award Administration Information percent of commitment as follows: Suite 206, Phoenix, AZ 85003– (a) 0 to 9 percent commitment to A. Award Notices 1706, (602) 280–8764, Ernie energy generation receives 0 points; Loan applicants must submit their Wetherbee. (b) 10 to 29 percent commitment to Arkansas State Office initial applications by the due date energy generation receives 1 point; 700 W. Capitol Ave., Room 3416, specified in this Notice. Once the (c) 30 to 49 percent commitment to Little Rock, AR 72201–3225, (501) applications have been scored and energy generation receives 2 points; 301–3254, Jackie Young. ranked by the National Office the (d) 50 to 69 percent commitment to California State Office, energy generation receives 3 points; National Office will advise States 430 G Street, #4169, Davis, CA 95616– (e) 70 to 89 percent commitment to Offices of the proposals selected for 4169, (530) 792–5821, Debra energy generation receives 4 points; further processing, State Offices will Moretton. (f) 90 percent or more commitment to respond to applicants by letter. Colorado State Office energy generation receives 5 points. In If the application is not accepted for USDA Rural Development, Denver order to receive more than 1 point for further processing, the applicant will be Federal Center, Building 56, Room this energy generation section, an notified of appeal rights under 7 CFR 2300, P.O. Box 25426, Denver, CO accurate energy analysis prepared by an part 11. 80225–0426, (720) 544–2923, Mary engineer will need to be submitted with B. Administrative and National Policy Summerfield. the pre-application. Energy analysis of Connecticut preliminary building plans using All Farm Labor Housing loans and Served by Massachusetts State Office industry-recognized simulation software grants are subject to the restrictive-use Delaware and Maryland State Office must document the projected total provisions contained in 7 CFR part 1221 College Park Drive, Suite 200, energy consumption of the building, the 3560.72(a) (2). Dover, DE 19904, (302) 857–3615, portion of building consumption which C. Reporting Debra Eason. will be satisfied through on-site Florida & Virgin Islands State Office generation, and the builder’s Home Borrowers must maintain separate 4440 NW. 25th Place, Gainesville, FL Energy Rating System (HERS) score. financial records for the operation and 32606–6563, (352) 338–3465, 4. Property Management Credentials maintenance of the project and for Tresca Clemmons. (5 points). Projects may be awarded an tenant services. Tenant services will not Georgia State Office additional 5 points if the designated be funded by Rural Development. Funds Stephens Federal Building, 355 E. property management company or allocated to the operation and Hancock Avenue, Athens, GA individuals that will assume maintenance of the project may not be 30601–2768, (706) 546–2164, Jack maintenance and operations used to supplement the cost of tenant Stanek. responsibilities upon completion of services, nor may tenant service funds Hawaii State Office construction work have a Credential for be used to supplement the project (Services all Hawaii, American Green Property Management. operation and maintenance. Detailed Samoa, Guam, and Western Pacific), Credentialing can be obtained from the financial reports regarding tenant Room 311, Federal Building, 154 National Apartment Association (NAA), services will not be required unless Waianuenue Avenue, Hilo, HI National Affordable housing specifically requested by Rural 96720, (808) 933–8305, Nate Reidel. Management Association, the Institute Development, and then only to the Idaho State Office for Real Estate Management, U.S. Green extent necessary for Rural Development Suite A1, 9173 West Barnes Dr., Building Council’s Leadership in Energy and the borrower to discuss the Boise, ID 83709, (208) 378–5628, and Environmental Design for affordability (and competitiveness) of Joyce Weinzetl. Operations and Maintenance (LEED the service provided to the tenant. The Illinois State Office OM), or another source with a certifiable project audit, or verification of accounts 2118 West Park Court, Suite A, credentialing program. Credentialing on Form RD 3560–10, ‘‘Borrower Champaign, IL 61821–2986, (217) must be illustrated in the resume(s) of Balance Sheet,’’ together with an 403–6222, Barry L. Ramsey. the property management team and accompanying Form RD 3560–7, Indiana State Office included with the pre-application. ‘‘Multiple Family Housing Project 5975 Lakeside Boulevard, The National Office will rank all pre- Budget Utility Allowance,’’ showing Indianapolis, IN 46278, (317) 290– applications nationwide and distribute actual, must allocate revenue and 3100 (ext. 425), Douglas Wright. funds to States in rank order, within expense between project operations and Iowa State Office funding and RA limits. A lottery in the service component. 210 Walnut Street Room 873, Des accordance with 7 CFR 3560.56(c) (2) IX. USDA Rural Development MFH Moines, IA 50309, (515) 284–4493, will be used for applications with tied State Office Contacts Shannon Chase. point scores when the all cannot be Kansas State Office funded. If insufficient funds or RA (Note: Telephone numbers listed are 1303 SW First American Place, Suite remain for the next ranked proposal, not toll-free.) 100, Topeka, KS 66604–4040, (785) that applicant will be given a chance to Alabama State Office 271–2721, Mike Resnik. modify their pre-application to bring it Suite 601, Sterling Centre, 4121 Kentucky State Office within remaining funding levels. This Carmichael Road, Montgomery, AL 771 Corporate Drive, Suite 200, will be repeated for each next ranked 36106–3683, (334) 279–3455, Anne Lexington, KY 40503, (859) 224– eligible proposal until an award can be Chavers. 7325, Paul Higgins. made or the list is exhausted. Rural Alaska State Office Louisiana State Office Development will notify all applicants 800 West Evergreen, Suite 201, 3727 Government Street, Alexandria,

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LA 71302, (318) 473–7962, Yvonne Lake. Wisconsin State Office R. Emerson. Ohio State Office 4949 Kirschling Court, Stevens Point, Maine State Office Federal Building, Room 507, 200 WI 54481, (715) 345–7620 ext 157, 967 Illinois Ave., Suite 4, P.O. Box North High Street, Columbus, OH Debbie Biga. 405, Bangor, ME 04402–0405, (207) 43215–2477, (614) 255–2409, Cathy Wyoming State Office 990–9110, Bob Nadeau. Simmons. P.O. Box 11005, Casper, WY 82602, Maryland Oklahoma State Office (307) 233–6716, Timothy Brooks. Served by Delaware State Office 100 USDA, Suite 108, Stillwater, OK Dated: July 12, 2012. Massachusetts, Connecticut, & Rhode 74074–2654, (405) 742–1070, Laurie Tammye Trevin˜ o, Island State Office Ledford. Administrator, Rural Housing Service. 451 West Street, Amherst, MA 01002, Oregon State Office [FR Doc. 2012–17462 Filed 7–17–12; 8:45 am] (413) 253–4310, Richard Lavoie. 1201 NE Lloyd Blvd., Suite 801, Michigan State Office Portland, OR 97232, (503) 414– BILLING CODE 3410–XV–P 3001 Coolidge Road, Suite 200, East 3353, Rod Hansen. Lansing, MI 48823, (517) 324–5192, Pennsylvania State Office DEPARTMENT OF AGRICULTURE Julie Putnam. One Credit Union Place, Suite 330, Minnesota State Office Harrisburg, PA 17110–2996, (717) Rural Housing Service 375 Jackson Street Building, Suite 237–2281, Martha Hanson. 410, St. Paul, MN 55101–1853, Puerto Rico State Office Notice of Funding Availability: Section (651) 602–7820, Linda Swanson. 654 Munoz Rivera Avenue, IBM 515 Multi-Family Housing Preservation Mississippi State Office Plaza, Suite 601, Hato Rey, PR Revolving Loan Fund Demonstration Federal Building, Suite 831, 100 W. 00918, (787) 766–5095 (ext. 249), Program for Fiscal Year 2012 Capitol Street, Jackson, MS 39269, Lourdes Colon. (601) 965–4325, Darnella Smith- Rhode Island AGENCY: Rural Housing Service, USDA. Murray. Served by Massachusetts State Office ACTION: Notice. Missouri State Office South Carolina State Office SUMMARY: The Rural Housing Service of 601 Business Loop 70 West, Parkade Strom Thurmond Federal Building, Rural Development previously Center, Suite 235, Columbia, MO 1835 Assembly Street, Room 1007, announced in a Notice published 65203, (573) 876–0987, Rachelle Columbia, SC 29201, (803) 765– August 22, 2011 (76 FR 52305) the Long. 5122, Tim Chandler. availability of funds and the timeframe Montana State Office South Dakota State Office to submit applications for loans to 2229 Boot Hill Court, Bozeman, MT Federal Building, Room 210, 200 private non-profit organizations, and 59715, (406) 585–2515, Deborah Fourth Street SW., Huron, SD State and local housing finance Chorlton. 57350, (605) 352–1136, Linda agencies, to carry out a demonstration Nebraska State Office Weber. program to provide revolving loans for Federal Building, Room 152, 100 Tennessee State Office Centennial Mall N, Lincoln, NE Suite 300, 3322 West End Avenue, the preservation and revitalization of 68508, (402) 437–5734, Linda Nashville, TN 37203–1084, (615) low-income Multi-Family Housing Anders. 783–1380, Kathy Connelly. (MFH). Rural Development did not Nevada State Office Texas State Office receive sufficient applications to use all 1390 South Curry Street, Carson City, Federal Building, Suite 102, 101 the available funds. As a result, Rural NV 89703–5146, (775) 887–1222 South Main, Temple, TX 76501, Development is soliciting additional (ext. 105), William Brewer. (254) 742–9711, John Kirchhoff. applications under this Notice for the New Hampshire State Office Utah State Office remaining funding. Housing that is Concord Center, Suite 218, Box 317, Wallace F. Bennett Federal Building, assisted by this demonstration program 10 Ferry Street, Concord, NH 125 S. State Street, Room 4311, Salt must be financed by Rural Development 03301–5004, (603) 223–6050, Heidi Lake City, UT 84147–0350, (801) through its MFH loan program under Setien. 524–4325, Janice Kocher. Sections 515, 514, and 516 of the New Jersey State Office Vermont State Office Housing Act of 1949. The goals of this 5th Floor North Suite 500, 8000 City Center, 3rd Floor, 89 Main Street, demonstration program will be achieved Midlantic Dr., Mt. Laurel, NJ 08054, Montpelier, VT 05602, (802) 828– through loans made to intermediaries. (856) 787–7732, Neil Hayes. 6015, Robert McDonald. The intermediaries will establish their New Mexico State Office Virgin Islands programs for the purpose of providing 6200 Jefferson St. NE., Room 255, Served by Florida State Office loans to ultimate recipients for the Albuquerque, NM 87109, (505) Virginia State Office preservation and revitalization of low- 761–4945, Yvette Wilson. Culpeper Building, Suite 238, 1606 income Section 515, 514, and 516 MFH New York State Office Santa Rosa Road, Richmond, VA as affordable housing. The Galleries of Syracuse, 441 S. 23229, (804) 287–1596, CJ Michels. DATES: The deadline for receipt of all Salina Street, Suite 357 5th Floor, Washington State Office applications in response to this Notice Syracuse, NY 13202, (315) 477– 1835 Black Lake Blvd., Suite B, is 5 p.m., Eastern Time, August 17, 6421, Michael Bosak. Olympia, WA 98512, (360) 704– 2012. The application closing deadline North Carolina State Office 7706, Bill Kirkwood. is firm as to date and hour. Rural 4405 Bland Road, Suite 260, Raleigh, Western Pacific Territories Development will not consider any NC 27609, (919) 873–2055, Beverly Served by Hawaii State Office application that is received after the Casey. West Virginia State Office closing deadline. Applicants intending North Dakota State Office Federal Building, 75 High Street, to mail applications must provide Federal Building, Room 208, 220 East Room 320, Morgantown, WV sufficient time to permit delivery on or Rosser, P.O. Box 1737, Bismarck, 26505–7500, (304) 372–3441 ext before the closing deadline. Acceptance ND 58502, (701) 530–2049, Kathy 105, Penny Thaxton. by a post office or private mailer does

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not constitute delivery. Facsimile, Overview program shall have an interest rate of no electronic transmissions, and postage Past fiscal years’ appropriations acts more than 1 percent and the Secretary due applications will not be accepted. provided funding for, and authorized of Agriculture may defer the interest FOR FURTHER INFORMATION CONTACT: Rural Development to conduct a and principal payment to Rural Sherry Engel, Finance and Loan revolving loan fund demonstration Development for up to 3 years during Analyst, Multi-Family Housing, U.S. program for the preservation and the first 3 years of the loan. The term of Department of Agriculture, Rural revitalization of the Sections 515, 514, such loans shall not exceed 30 years. Housing Service, 4949 Kirschling Court, and 516 MFH portfolio. The money Funding priority will be given to Stevens Point, Wisconsin 54481 or by provided under the previous entities with equal or greater matching telephone at (715) 345–7677 or via appropriations acts was authorized to be funds from third parties, including email at: [email protected] or used until expended. Sections 514, 515 housing tax credits for rural housing Tiffany Tietz, Finance and Loan and 516 of the Housing Act of 1949 as assistance and to entities with Analyst, Multi-Family Housing, U.S. amended, provide Rural Development experience in the administration of Department of Agriculture, Rural the authority to make loans for low- revolving loan funds and the Housing Service, 3260 Eagle Park Drive, income Multi-Family Housing, Farm preservation of MFH. Suite 107, Grand Rapids, Michigan Labor Housing (FLH), and related Funding Restrictions 49525 or by telephone at (616) 942– facilities. No loan made to a single intermediary 4111, Extension 126, TDD (302) 857– I. Funding Opportunities Description applicant under this demonstration 3585 or via email at program may exceed $2,125,000 and [email protected]. (Please note This Notice requests applications any such loan may be limited by the phone numbers are not toll free from eligible applicants for loans to geographic area so that multiple loan numbers.) establish and operate revolving loan funds for the preservation of low- recipients are not providing similar SUPPLEMENTARY INFORMATION: income MFH properties within the services to the same service areas. All Preservation Revolving Loan Fund Paperwork Reduction Act Rural Development Sections 514, 515, and 516 MFH portfolios. Rural (PRLF) obligations will have an Under the Paperwork Reduction Act, Development’s regulations for the obligation expiration period of 2 years 44 U.S.C. 3501 (2005) et seq., the Office Section 514, 515, and 516 MFH Program from the date of obligation. of Management and Budget (OMB) must are published at 7 CFR part 3560. Prior Fiscal Years PRLF loans that approve all ‘‘collections of information’’ Housing that is constructed or were obligated and not closed within by Rural Development. The Act defines repaired must meet the Rural the above 2-year obligation period must ‘‘collection of information’’ as a Development design and construction be de-obligated to allow more requirement for ‘‘answers to * * * standards and the development immediate program use unless a 6- identical reporting or recordkeeping standards contained in 7 CFR part 1924, month extension is granted by the requirements imposed on ten or more subparts A and C, respectively. Once National Office. The request for an persons * * *’’ (44 U.S.C. 3502(3)(A)). constructed, Section 514, 515, and 516 extension will be sent to the National Because this Notice will receive less MFH must be managed in accordance Office by the relevant State Office. Loans made to the PRLF ultimate than ten respondents, the Paperwork with 7 CFR part 3560. Tenant eligibility recipient must meet the intent of Reduction Act does not apply. is limited to persons who qualify as a providing decent, safe, and sanitary very low- or low-income household or Overview Information rural housing and be consistent with the who are eligible under the requirements requirements of Title V of the Housing Federal Agency Name: Rural Housing established to qualify for housing Act of 1949, as amended. Service, USDA. benefits provided by sources other than Funding Opportunity Title: Notice of Rural Development, such as U.S. III. Eligibility Information Funding Availability: Section 515 Department of Housing and Urban (1) Eligibility Requirements— Multi-Family Housing Preservation Development Section 8 assistance or Intermediary Revolving Loan Fund Demonstration Low Income Housing Tax Credits Program for Fiscal Year 2012. assistance, when a tenant receives such (a) The types of entities which may Announcement Type: Initial housing benefits. Additional tenant become intermediaries are private non- Announcement. eligibility requirements are contained in profit organizations, which may include 7 CFR parts 3560.152, 3560.577, and faith and community based Catalog of Federal Domestic Assistance Numbers (CFDA): 10.415. 3560.624. organizations, or such non-profit organizations’ affiliate loan funds and II. Award Information DATES: The deadline for receipt of all State and local housing finance applications in response to this Notice Past appropriations acts made funding agencies. is 5 p.m., Eastern Time, August 17, available for loans to private non-profit (b) The intermediary must have: 2012. The application closing deadline organizations, or such non-profit (i) The legal authority necessary for is firm as to date and hour. Rural organizations’ affiliate loan funds and carrying out the proposed loan purposes Development will not consider any State and local housing finance and for obtaining, giving security, and application that is received after the agencies, to carry out a housing repaying the proposed loan. closing deadline. Applicants intending demonstration program to provide (ii) A proven record of successfully to mail applications must provide revolving loans for the preservation of assisting low-income MFH projects. sufficient time to permit delivery on or low-income MFH project. The total Such record will include recent before the closing deadline. Acceptance amount of funding available for this experience in loan making and loan by a post office or private mailer does program is $7,898,875. This funding servicing that is similar in nature to the not constitute delivery. Facsimile, consists of carryover funds from loans proposed for the PRLF electronic transmissions and postage previous fiscal years. Loans to demonstration program. The applicant due applications will not be accepted. intermediaries under this demonstration must provide documentation of a

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delinquency and loss rate note which applicant who requests $2,000,000 the U.S. tax courts), by the ultimate does not exceed 4 percent. The needs an EBIT of at least $96,491 recipient or any of its principals, shall applicant will be responsible for ($77,193 × 1.25). Only debt service from cause the proposed ultimate recipient to providing such information to Rural unrestricted revolving loans will be be ineligible to receive a loan from the Development. considered in the above calculation. An PRLF. PRLF may not be used to satisfy (iii) A staff with loan making and unrestricted loan is an account in which the delinquency. servicing experience. the accumulated revenues are not (c) The ultimate recipient cannot be (iv) A plan showing Rural dictated by a donor or sponsor. currently debarred or suspended from Development, that the ultimate (g) Intermediaries that have received Federal Government programs. recipients will only use the funds to one or more PRLF loans may apply for (d) There is a continuous need for the preserve low-income MFH projects. and be considered for subsequent PRLF property in the community as affordable (c) No loans will be extended to an loans provided all the following are met: housing. intermediary unless: (i) For prior PRLF loans at least 50 IV. Administrative Requirements (i) There is adequate assurance of percent of an intermediary’s PRLF loans repayment of the loan evidenced by the must have been disbursed to eligible (1) The following applies to loans to fiscal and managerial capabilities of the ultimate recipients; intermediaries made in response to this proposed intermediary. (ii) Intermediaries requesting Notice: (ii) The amount of the loan, together subsequent loans must meet the (a) PRLF intermediaries will be with other funds available, is adequate requirements of section III(1), Applicant required to provide Rural Development to complete the preservation or Eligibility, of this Notice; with the following reports: revitalization of the project. (iii) The delinquency rate of the (i) An annual audit; (iii) The intermediary’s prior calendar outstanding loans of the intermediary’s (A) The dates of the audit report year audit is an unqualified audited PRLF revolving fund does not exceed 4 period need not coincide with other opinion signed by an independent percent at the time of application for the reports on the PRLF. Audit reports shall Certified Public Accountant (CPA) subsequent loan; be due 90 days following the audit acceptable to the Agency and performed (iv) The intermediary is in period. The audit period will be set by in accordance with Generally Accepted compliance with all applicable the intermediary. The intermediary will Government Auditing Standards regulations and its loan agreements with notify Rural Development of the date. (GAGAS). The unqualified audited Rural Development; Audits must cover all of the opinion must provide a statement (v) Subsequent loans will not exceed intermediary’s activities. Audits will be relating to the accuracy of the financial $1 million each and not more than one performed by an independent CPA. An statements. loan will be approved by Rural acceptable audit will be performed in (d) Intermediaries, and the principals Development for an intermediary in any accordance with GAGAS and include of the intermediaries, must not be single fiscal year unless the request is such tests of the accounting records as suspended, debarred, or excluded based authorized by a PRLF appropriation; the auditor considers necessary in order on the ‘‘List of Parties Excluded from and to express an unqualified audited Federal Procurement and (vi) Total outstanding PRLF opinion on the financial condition of Nonprocurement Programs.’’ In indebtedness of an intermediary to the intermediary. addition, intermediaries and their Rural Development will not exceed $15 (B) It is not intended that audits principals must not be delinquent on million at any time. required by this program be separate Federal debt or be Federal judgment Only eligible applicants will be from audits performed in accordance debtors. scored and ranked. Funding priority with State and local laws or for other (e) The intermediary and its principal will be given to entities with equal or purposes. To the extent feasible, the officers (including immediate family) greater matching funds, including audit work for this program should be must have no legal or financial interest housing tax credits for rural housing done in connection with these other in the ultimate recipient. assistance. Refer to the Selection audits. Intermediaries covered by OMB (f) The intermediary’s Debt Service Criteria section of the Notice for further Circular A–133 should submit audits Coverage Ratio (DSCR) must be greater information on funding priorities. made in accordance with that circular. than 1.25 for the fiscal year immediately (ii) Quarterly or semiannual prior to the year of application. The (2) Eligibility Requirements—Ultimate performance reports (due to Rural DSCR is the financial ratio the loan Recipients Development 30 days after the end of committee will use to determine an (a) To be eligible to receive loans from the fiscal quarter or half); applicant’s capacity to borrow and the PRLF, ultimate recipients must: (A) Performance reports will be service additional debt. The loan (i) Currently have a Rural required quarterly during the first year committee will use the intermediary’s Development Sections 515, 514 loan, or after loan closing. Thereafter, Earnings Before Interest and Taxes 516 grant for the property to be assisted performance reports will be required (EBIT) to determine DSCR. EBIT is by the PRLF demonstration program. semiannually. Also, Rural Development determined by adding net income or net (ii) Certify that the principal officers may resume requiring quarterly reports loss to depreciation and interest (including their immediate family) of if the intermediary becomes delinquent expense. The loan committee will the ultimate recipient, hold no legal or in repayment of its loan or otherwise compare the principal and interest financial interest in the intermediary. fails to fully comply with the provisions payment multiplied by the DSCR to the (iii) Be in compliance with all Rural of its work plan or Loan Agreement, or EBIT derived from the applicant’s Development program requirements or Rural Development determines that the consolidated income statement. For have an Agency approved work plan in intermediary’s PRLF is not adequately example, if an applicant requests a loan place which will correct a non- protected by the current financial status amount of $2,000,000 at a 1 percent compliance status. and paying capacity of the ultimate interest rate amortized over 30 years, the (b) Any delinquent debt to the Federal recipients. principal and interest payments will be Government including a non-tax (B) These performance reports shall $77,193 annually. Therefore, an judgment lien (other than a judgment in contain information only on the PRLF,

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or if other funds are included, the PRLF (f) 7 CFR part 1901, subpart F within the 2-year period. Rural portion shall be segregated from the regarding historical and archaeological Development, at its sole discretion, may others; and in the case where the properties apply to all loans funded allow the intermediary additional time intermediary has more than one PRLF under this Notice. to use the loan funds by delaying from Rural Development, a separate (g) 7 CFR part 1940, subpart G cancellation of the funds by no more report shall be made for each PRLF. regarding environmental assessments than 3 additional years. If any loan (C) The performance report will apply to all loans to ultimate recipients funds have not been used by 5 years include OMB Standard Form 425, funded under this Notice. Loans to from the date of the loan agreement, the Federal Financial Report. This report intermediaries under this program will approval will be canceled for any funds will provide information on the be considered a categorical exclusion that have not been delivered to the intermediary’s lending activity, income under the National Environmental intermediary and, in addition, the and expenses, financial condition and a Policy Act, requiring the completion of intermediary will return, as an extra summary of names and characteristics Form RD 1940–22, ‘‘Environmental payment on the loan, any funds it has of the ultimate recipients the Checklist for Categorical Exclusions,’’ received and not used in accordance intermediary has financed. by Rural Development. with the work plan. In accordance with (iii) Annual proposed budget for the (h) An Intergovernmental Review, the Rural Development approved following year; and other reports as will be conducted in accordance with promissory note, regular loan payments Rural Development may require from the procedures contained in 7 CFR part will be based on the amount of funds time to time regarding the conditions of 3015, subpart V, if the applicant is a actually drawn by the intermediary. the loan. cooperative. (e) The intermediary will be required (b) Security will consist of a pledge by (2) The intermediary agrees to the to enter into a Rural Development the intermediary of all assets now or following: approved loan agreement and (a) To obtain written Rural hereafter placed in the PRLF, including promissory note. The intermediary will Development approval, before the first cash and investments, notes receivable receive a 30-year loan at a 1 percent lending of PRLF funds to an ultimate from ultimate recipients, and the interest rate. The loan will be deferred recipient, of: intermediary’s security interest in for up to three years if requested in the (i) All forms to be used for relending intermediary’s work plan. collateral pledged by ultimate purposes, including application forms, recipients. Except for good cause (f) Loans made to the PRLF ultimate loan agreements, promissory notes, and recipient must meet the intent of shown, Rural Development will not security instruments; and obtain assignments of specific assets at providing decent, safe, and sanitary (ii) The intermediary’s policy with rural housing by preserving and the time a loan is made to an regard to the amount and form of intermediary or ultimate recipient. The regulating existing properties financed security to be required. with Sections 514, 515, and 516 funds. intermediary will covenant in the loan (b) To obtain written approval from They must also be consistent with the agreement that, in the event the Rural Development before making any requirements of Title V of the Housing intermediary’s financial condition significant changes in forms, security Act of 1949, as amended. deteriorates, the intermediary takes policy, or the intermediary’s work plan. action detrimental to prudent fund (g) When an intermediary proposes to Rural Development may approve make a loan from the PRLF to an operation, or the intermediary fails to changes in forms, security policy, or take action required of a prudent lender, ultimate recipient, Rural Development work plans at any time upon a written concurrence is required prior to final it will provide additional security, request from the intermediary and execute any additional documents, and approval of the loan. The intermediary determination by Rural Development must submit a request for Rural undertake any reasonable acts Rural that the change will not jeopardize Development may request to protect Development concurrence of a proposed repayment of the loan or violate any loan to an ultimate recipient. Such Rural Development’s interest or to requirement of this Notice or other perfect a security interest in any asset, request must include: Rural Development regulations. The (i) Certification by the intermediary including physical delivery of assets intermediary must comply with the and specific assignments to Rural that: work plan approved by Rural (A) The proposed ultimate recipient is Development. All debt instruments and Development so long as any portion of eligible for the loan; collateral documents used by an the intermediary’s PRLF loan is (B) The proposed loan is for eligible intermediary in connection with loans outstanding; purposes; to ultimate recipients may be assignable. (c) To allow Rural Development to (C) The proposed loan complies with (c) RHS may consider, on a case by take a security interest in the PRLF, the all applicable statutes and regulations; case basis, subordinating its security intermediary’s portfolio of investments and interest on the ultimate recipient’s derived from the proceeds of the loan (D) Prior to closing the loan to the property to the lien of the intermediary award, and other rights and interests as ultimate recipient, the intermediary and so that Rural Development has a junior Rural Development may require; its principal officers (including lien interest when an independent (d) To return, as an extra payment on immediate family) hold no legal or appraisal verifies the Rural the loan, any funds that have not been financial interest in the ultimate Development subordinated lien will used in accordance with the recipient, and the ultimate recipient and continue to be fully secured. intermediary’s work plan by a date 2 its principal officers (including (d) The term of the loan to an ultimate years from the date of the loan immediate family) hold no legal or recipient may not exceed the less of 30 agreement, unless an extension has been financial interest in the intermediary. years or the remaining term of the Rural granted. The intermediary (ii) Copies of sufficient material from Development loan. acknowledges that Rural Development the ultimate recipient’s application and (e) When loans are made to ultimate may cancel the approval of any funds the intermediary’s related files, to allow recipients restrictive-use provisions not yet delivered to the intermediary if Rural Development to determine the: must be incorporated, as outlined in 7 funds have not been used in accordance (A) Name and address of the ultimate CFR part 3560.662. with the intermediary’s work plan recipient;

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(B) Loan purposes; (ii) The intermediary shall pledge as Application Requirements (C) Interest rate and term; collateral for non-Rural Development The application must contain the (D) Location, nature, and scope of the funds its PRLF, including its portfolio of following: project being financed; investments derived from the proceeds (1) A summary page, that is double- (E) Other funding included in the of other funds and this loan award. spaced and not in narrative form, that project; (iii) Issue a letter concurring with the lists the following items: (F) Nature and lien priority of the loan when all requirements have been collateral; and (a) Applicant’s name. met or notify the intermediary in (b) Applicant’s Taxpayer (G) Environmental impacts of this writing the reasons for denial when action. This will include an original Identification Number. Rural Development determines it is (c) Applicant’s address. Form RD 1940–20, ‘‘Request for unable to concur with the loan. Environmental Information,’’ completed (d) Applicant’s telephone number. (e) Name of applicant’s contact and signed by the intermediary. V. Application and Submission person, telephone number, and address. Attached to this form will be a Information (f) Amount of loan requested. statement stipulating the age of the Submission Address (2) Form RD 4274–1, ‘‘Application for building to be rehabilitated and a Loan (Intermediary Relending completed and signed Federal Applications should be submitted to Program).’’ This form can be found at: Emergency Management Agency USDA Rural Housing Service; Attention: http://forms.sc.egov.usda.gov/ (FEMA) Form 81–93, ‘‘Standard Flood Norma Gavin, Administrative Assistant; efcommon/eFileServices/eForms/ Hazard Determination.’’ If the age of the Multi-Family Housing STOP 0782 RD4274-1.PDF. building is over 50 years or if the (Room 1263–S); 1400 Independence (3) A written work plan and other building is either on or eligible for Avenue SW., Washington, DC 20250– evidence Rural Development requires inclusion in the National Register of 0782. The application process is a two-step that demonstrates the feasibility of the Historic Places, then the intermediary process: First, all applicants will submit intermediary’s program to meet the will immediately contact Rural proposals to the National Office for loan objectives of this demonstration Development to begin Section 106 of the committee review. The initial loan program. The plan must, at a minimum, National Historic Preservation Act of committee will determine if the include all of the following: 1966 consultation with the State borrower is eligible, score the (a) Document the intermediary’s Historic Preservation Officer. If the application, and rank the applicants ability to administer this demonstration building is located within a 100-year according to the criteria established in program in accordance with the flood plain, then the intermediary will this Notice. Only eligible borrowers will provisions of this Notice. In order to immediately contact Rural Development be scored. The loan committee will adequately demonstrate the ability to to analyze any effects as outlined in 7 select proposals for further processing. administer the program, the CFR part 1940, subpart G, Exhibit C. In the event that a proposal is selected intermediary must provide a complete The intermediary will assist Rural for further processing and the applicant listing of all personnel responsible for Development in any additional declines, the next highest ranked administering this program along with a requirements necessary to complete the unfunded applicant may be selected. statement of their qualifications and environmental review. (iii) Such other information as Rural Second, after the loan is obligated to the experience. The personnel may be either Development may request on specific intermediary but prior to loan closing, members or employees of the cases. the State Office in the applicant’s area intermediary’s organization or contract (h) Upon receipt of a request for of residence or State where the personnel hired for this purpose. If the concurrence in a loan to an ultimate applicant will be doing its intermediary personnel are to be contracted for, the recipient Rural Development will: work will provide written approval of contract between the intermediary and (i) Review the material submitted by all forms to be used for relending the entity providing such service will be the intermediary for consistency with purposes, including application forms, submitted for Rural Development Rural Development’s preservation and loan agreements, promissory notes, and review, and the terms of the contract revitalization principles which include security instruments. Additionally, the and its duration must be sufficient to the following; State Office will provide written adequately service Rural Development (A) There is a continuing need for the approval of the applicant’s binding loan through to its ultimate conclusion. property in the community as affordable policy with regard to the amount and If Rural Development determines the housing. If Rural Development form of security to be required. personnel lack the necessary expertise determines there is no continuing need Once the loan closes, the applicant to administer the program, the loan for the property the ultimate recipient is will be required to comply with the request will be denied. ineligible for the loan; terms of its work plan which describes (b) Document the intermediary’s (B) When the transaction is complete, how the money will be used, the loan ability to commit financial resources the property will be owned and agreement, the promissory note and any under the control of the intermediary to controlled by eligible Section 514, 515, other loan closing documents. At the the establishment of the demonstration or 516 borrowers; time of loan closing, Rural Development program. This should include a (C) The transaction will address the and loan recipient shall enter into a loan statement of the sources of non-Rural physical needs of the property; agreement and a promissory note Development funds for administration (D) Existing tenants will not be acceptable to Rural Development. Loans of the intermediary’s operations and displaced because of increased post obligated by State Offices to financial assistance for projects. transaction rents; intermediaries must close on or before (c) Demonstrate a need for loan funds. (E) Post transaction basic rents will the second anniversary of the dated pre- As a minimum, the intermediary should not exceed comparable market rents; approval letter mentioned above. identify a sufficient number of proposed and Applicants who have not closed by this and known ultimate recipients to justify (F) Any equity loan amount will be date must de-obligate PRLF funds to Agency funding of its loan request, or supported by a market value appraisal. allow further program use of funds. include well developed targeting criteria

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for ultimate recipients consistent with (4) A pro forma balance sheet at start- present earnings with the preparer of the intermediary’s mission and strategy up and projected balance sheets for at the intermediary’s financial statements. for this demonstration program, along least 3 additional years; and projected VI. Application Review Information with supporting statistical or narrative cash flow and earnings statements for at evidence that such prospective least 3 years supported by a list of All applications will be evaluated by recipients exist in sufficient numbers to assumptions showing the basis for the a loan committee. The loan committee justify Rural Development funding of projections. The projected earnings will make recommendations to the the loan request. statement and balance sheet must Rural Housing Service Administrator (d) Include a list of proposed fees and include one set of projections that concerning preliminary eligibility other charges it will assess to the shows the PRLF must extend to include determinations and for the selection of ultimate recipients. a year with a full annual installment on applications for further processing (e) Provide documentation to Rural the PRLF loan. based on the selection criteria contained Development that the intermediary has (5) A written agreement of the in this Notice and the availability of secured commitments of significant intermediary to Rural Development funds. The Administrator will inform financial support from public agencies agreeing to the audit requirements. applicants of the status of their and private organizations or have (6) Form RD 400–4, ‘‘Assurance application within 30 days of the loan received tax credits for the calendar year Agreement,’’ a copy of which can be application closing date set forth in this prior to this Notice. obtained at: http:// Notice. forms.sc.egov.usda.gov/efcommon/ (f) Include the intermediary’s plan Selection Criteria (specific loan purposes) for relending eFileServices/eForms/RD400-4.PDF. the loan funds. The plan must be of (7) Complete organizational Selection criteria points will be sufficient detail to provide Rural documents, including evidence of allowed only for factors evidenced by Development with a complete authority to conduct the proposed well documented, reasonable work understanding of what the intermediary activities. plans which provide assurance that the will accomplish by lending the funds to (8) Most recent unqualified audit items have a high probability of being the ultimate recipient and the complete report signed by a CPA and prepared in accomplished. The points awarded will mechanics of how the funds will flow accordance with GAGAS. be as specified in paragraphs (1) through (9) Form RD 1910–11, ‘‘Applicant from the intermediary to the ultimate (4) of this section. In each case, the Certification Federal Collection Policies recipient. The service area, eligibility intermediary’s application must provide for Consumer or Commercial Debts,’’ a criteria, loan purposes, fees, rates, documentation that the selection criteria copy of which can be obtained at: terms, collateral requirements, limits, have been met in order to qualify for http://forms.sc.egov.usda.gov/ priorities, application process, method selection criteria points. If an efcommon/eFileServices/eForms/ of disposition of the funds to the application does not cover one of the RD1910-11.PDF. ultimate recipient, monitoring of the categories listed, it will not receive (10) Form AD–1047, ‘‘Certification points for those criteria. ultimate recipient’s accomplishments, Regarding Debarment, Suspension, and and reporting requirements by the (1) Other funds. Points allowed under other Responsibility Matters—Primary this paragraph are to be based on ultimate recipient’s management must Covered Transactions,’’ a copy of which at least be addressed by the documented successful history or can be obtained at: http:// written evidence that the funds are intermediary’s relending plan. www.ocio.usda.gov/forms/doc/AD1047- (g) Provide a set of goals, strategies, available. F-01-92.PDF. (a) The intermediary will obtain non- and anticipated outcomes for the (11) Exhibit A–1 of RD Instruction Rural Development loan or grant funds intermediary’s program. Outcomes 1940–Q, ‘‘Certification for Contracts, or provide housing tax credits should be expressed in quantitative or Grants, and Loans,’’ a copy of which (measured in dollars) to pay part of the observable terms such as low-income can be obtained at: http:// cost of the ultimate recipients’ project housing complexes rehabilitated or low- www.rurdev.usda.gov/me/CBP/const/ cost. Points for the amount of funds income housing units preserved, and 1940qa1.pdf. from other sources are as follows: should relate to the purpose of this (12) Copies of the applicant’s tax demonstration program; and returns for each of the 3 years prior to (i) At least 10 percent but less than 25 (h) If the intermediary provides the year of application, and most recent percent of the total development cost (as technical assistance, (providing audited financial statements. defined in 7 CFR part 3560.11)—5 technical assistance to ultimate (13) A separate one-page information points; recipients is not required as part of this sheet listing each of the ‘‘Selection (ii) At least 25 percent but less than program), the intermediary will provide Criteria’’ contained in this Notice, 50 percent of the total development specific information as to how and what followed by the page numbers of all cost—10 points; or type of technical assistance the relevant material and documentation (iii) 50 percent or more of the total intermediary will provide to the that is contained in the proposal that development cost—15 points. ultimate recipients and potential supports these criteria. Applicants are (b) The intermediary will provide ultimate recipients. For instance, also encouraged, but not required to loans to each ultimate recipient from its describe the qualifications of the include a checklist of all of the own funds (not loan or grant) to pay part technical assistance providers, the application requirements and to have of the ultimate recipients’ project cost. nature of technical assistance that will their application indexed and tabbed to The amount of the intermediary’s own be available, and expected and facilitate the review process. funds will average per project: committed sources of funding for (14) Financial statements (i) At least 10 percent but less than 25 technical assistance. If other than the (consolidated or unconsolidated) for the percent of the total development cost— intermediary itself, describe the year prior to this Notice. 5 points; organizations providing such assistance (15) A borrower authorization (ii) At least 25 percent but less than and the arrangements between such statement allowing Rural Development 50 percent of total development cost— organizations and the intermediary. the authorization to verify past and 10 points; or

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(iii) 50 percent or more of total an application to account for the requirements are met in accordance development cost—15 points. following items not adequately covered with the Fair Housing Act, Title VI of (2) Intermediary contribution. The by the other priority criteria set out in the Civil Rights Act of 1964, the Equal intermediary will contribute its own this section. The items that will be Credit Opportunity Act, the Age funds not derived from Rural considered are the amount of funds Discrimination Act of 1975, Executive Development. The non-Rural requested in relation to the amount of Order 12898, the Americans with Development contributed funds will be need; a particularly successful Disabilities Act, and Section 504 of the placed in a separate account from the affordable housing development record; Rehabilitation Act of 1973. PRLF account. The intermediary shall a service area with no other PRLF (4) All housing must meet the contribute funds not derived from Rural coverage; a service area with severe accessibility requirements found at 7 Development into a separate bank affordable housing problems; a service CFR part 3560.60(d). account or accounts according to their area with emergency conditions caused (5) To file a complaint of ‘‘work plan.’’ These funds are to be by a natural disaster; an innovative discrimination, write to USDA, Director, placed into an interest bearing counter- proposal; the quality of the proposed Office of Civil Rights, 1400 signature-account for 3 years as set forth program; economic development plan Independence Avenue SW., in the loan agreement. The counter- from the local community, particularly Washington, DC 20250–9410, or call signature-account will require a a plan prepared as part of a request for (800) 795–3272 (voice) or (202) 720– signature from a Rural Development an Empowerment Zone/Enterprise 6382 (TDD). USDA is an equal employee and intermediary. After 3 Community (EZ/EC) designation; or opportunity provider, employer, and years, these funds shall be commingled excellent utilization of an existing lender. The U.S. Department of with the PRLF to provide loans to the revolving loan fund program. The Agriculture prohibits discrimination in ultimate recipient for the preservation Administrator will document the all its programs and activities on the and revitalization of Section 514, 515, or reasons for the particular point basis of race, color, national origin, age, 516 Multi-Family Housing. allocation. disability, and where applicable, sex, The amount of non-Agency derived VII. Appeal Process marital status, familial status, parental funds contributed to the PRLF will status, religion, sexual orientation, equal the following percentage of Rural All adverse determinations regarding genetic information, political beliefs, Development PRLF: applicant eligibility and the awarding of reprisal, or because all or part of an (a) At least 5 percent but less than 15 points as part of the selection process individual’s income is derived from any percent—5 points; are appealable. Instructions on the public assistance program. (Not all (b) At least 15 percent but less than appeal process will be provided at the prohibited bases apply to all programs.) 25 percent—30 points; or time an applicant is notified of the Persons with disabilities who require (c) 5 percent or more—50 points. adverse action. alternative means for communication of (3) Experience. The intermediary has Equal Opportunity and program information (Braille, large actual experience in the administration Nondiscrimination Requirements print, audiotape, etc.) should contact of revolving loan funds and the USDA’s TARGET Center at (202) 720– (1) In accordance with the Fair preservation of MFH, with a successful 2600 (voice and TDD). record, for the following number of full Housing Act, Title VI of the Civil Rights years. Applicants must have actual Act of 1964, the Equal Credit Dated: July 11, 2012. experience in both the administration of Opportunity Act, the Age Tammye Trevin˜ o, revolving loan funds and the Discrimination Act of 1975, Executive Administrator, Rural Housing Service. preservation of MFH in order to qualify Order 12898, the Americans with [FR Doc. 2012–17527 Filed 7–17–12; 8:45 am] for points under the selection criteria. If Disabilities Act, and Section 504 of the BILLING CODE 3410–XV–P the number of years of experience Rehabilitation Act of 1973, neither the differs between the two types of above intermediary nor Rural Development listed experience, the type of experience will discriminate against any employee, DEPARTMENT OF COMMERCE with the lesser number of years will be proposed intermediary or proposed used for the selection criteria. ultimate recipient on the basis of sex, Bureau of Industry and Security marital status, race, familial status, (a) At least 1 but less than 3 years— [Docket No. 120705216–2216–01] 5 points; color, religion, national origin, age, (b) At least 3 but less than 5 years— physical or mental disability (provided National Defense Stockpile Market 10 points; the proposed intermediary or proposed Impact Committee Request for Public (c) At least 5 but less than 10 years— ultimate recipient has the capacity to Comments on the Potential Market 20 points; or contract), because all or part of the Impact of Proposed Supplement to the (d) 10 or more years—30 points. proposed intermediary’s or proposed Fiscal Year 2013 Annual Materials Plan (4) Debt/Equity Ratio. The Debt/ ultimate recipient’s income is derived Equity Ratio (DER) is the financial ratio from public assistance of any kind, or AGENCY: Bureau of Industry and used to determine how much debt an because the proposed intermediary or Security, Commerce. applicant has relative to its equity. DER proposed ultimate recipient has in good ACTION: Notice of inquiry. is calculated from the balance sheet by faith exercised any right under the adding the short term or current debt Consumer Credit Protection Act, with SUMMARY: The purpose of this notice is plus the long term debt, and then respect to any aspect of a credit to advise the public that the National dividing that number by the transaction anytime Rural Development Defense Stockpile Market Impact intermediary’s equity. In order to loan funds are involved. Committee, co-chaired by the receive points, the intermediary must (2) 7 CFR part 1901, subpart E applies Departments of Commerce and State, is submit a summary of how the DER was to this program. seeking public comments on the calculated. (3) The Rural Housing Service (RHS) potential market impact of the proposed (5) Administrative. The Administrator Administrator will assure that equal supplement to the Fiscal Year 2013 may assign up to 25 additional points to opportunity and nondiscrimination Annual Materials Plan related to two

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material research and development Section 3314 of the Fiscal Year (FY) In Attachment 2, DLA lists proposed projects and the proposed revisions to 1993 National Defense Authorization revisions to the quantities in the the Annual Materials Plan for four Act (NDAA) (50 U.S.C. 98h–I) formally approved FY 2013 Annual Materials materials currently in the National established a Market Impact Committee Plan for four materials. The quantities Defense Stockpile. The research and (the ‘‘Committee’’) to ‘‘advise the listed in Attachment 2 are not disposal development projects involve two National Defense Stockpile Manager on or sales target quantities, but rather a materials—cadmium zinc tellurium the projected domestic and foreign statement of the proposed maximum (CZT) substrates and triamino economic effects of all acquisitions and disposal quantity of each listed material trinitrobenzene (TATB). The revisions disposals of materials from the stockpile that may be sold in a particular fiscal pertain to four materials—germanium; * * *.’’ The Committee must also year by the DLA as noted. The quantity manganese, metallurgical grade; balance market impact concerns with of each material that will actually be platinum—iridium; and zinc. The role the statutory requirement to protect the offered for sale will depend on the of the Market Impact Committee is to U.S. Government against avoidable loss. market for the material at the time of the advise the National Defense Stockpile The Committee is comprised of offering as well as on the quantity of Manager on the projected domestic and representatives from the Departments of each material approved for disposal by foreign economic effects of all Commerce, State, Agriculture, Defense, Congress. acquisitions and disposals involving the Energy, Interior, the Treasury, and The Committee is seeking public stockpile and related material research Homeland Security, and is co-chaired comments on the potential market and development projects. Public by the Departments of Commerce and impact associated with the two material comments are an important element of State. The FY 1993 NDAA directs the research and development projects and the Committee’s market impact review Committee to consult with industry the proposed revisions to the FY 2013 process. representatives that produce, process, or AMP for four materials as enumerated consume the materials stored in or of in Attachments 1 and 2. Public DATES: To be considered, written interest to the National Defense comments are an important element of comments must be received by August Stockpile Manager. the Committee’s market impact review 17, 2012. In Attachment 1, the Defense Logistics process. ADDRESSES: Agency (DLA) lists the quantities of Address all comments Submission of Comments concerning this notice to Michael materials associated with the two Vaccaro, U.S. Department of Commerce, material research and development The Committee requests that Bureau of Industry and Security, Office projects to supplement its FY 2013 interested parties provide written of Strategic Industries and Economic Annual Materials Plan. The two comments, supporting data and Security, 1401 Constitution Avenue material research and development documentation, and any other relevant NW., Room 3876, Washington, DC projects relate to DLA establishing information on the potential market 20230, fax: (202) 482–5650 (Attn: vendor-owned buffer inventories in the impact of the quantities associated with Michael Vaccaro), email: United States for cadmium zinc the two material research and [email protected]; and Douglas Kramer, tellurium (CZT) substrates and triamino development projects and the four U.S. Department of State, Bureau of trinitrobenzene (TATB) up to the levels proposed revisions to the FY 2013 AMP. Energy Resources, Office of Europe, enumerated in Attachment 1. In these All comments must be submitted to the Middle East, and Africa, 2201 C Street material research and development address indicated in this notice. All NW., Washington, DC 20520, fax: (202) projects, DLA would enter into comments submitted through email 647–4037 (Attn: Douglas Kramer), or arrangements with vendors to maintain must include the phrase ‘‘Market Impact email: [email protected]. inventories of the two materials with Committee Notice of Inquiry’’ in the options that DLA could purchase subject line. FOR FURTHER INFORMATION CONTACT: material if needed. The Committee encourages interested Brett Heidenreich, Office of Strategic DLA is required to supplement its FY persons who wish to comment to do so Industries and Economic Security, 2013 Annual Materials Plan to account at the earliest possible time. The period Bureau of Industry and Security, U.S. for the two material research and for submission of comments will close Department of Commerce, Telephone: development projects because DLA will on August 17, 2012. The Committee will (202) 482–7417. be using the Defense National Stockpile consider all comments received before SUPPLEMENTARY INFORMATION: Transaction Fund to pay for the two the close of the comment period. material research and development Background Comments received after the end of the projects. The quantities listed in comment period will be considered, if Under the authority of the Strategic Attachment 1 are not acquisition target possible, but their consideration cannot and Critical Materials Stock Piling quantities, but rather a statement of the be assured. Revision Act of 1979, as amended (the proposed maximum quantity of each All comments submitted in response Stock Piling Act) (50 U.S.C. 98, et seq.), listed material that may be associated to this notice will be made a matter of the Department of Defense, as National with the two material research and public record and will be available for Defense Stockpile Manager, maintains a development projects in FY 2013. DLA public inspection and copying. Anyone stockpile of strategic and critical is not proposing to acquire these submitting business confidential materials to supply the military, materials and add them to the National information should clearly identify the industrial, and essential civilian needs Defense Stockpile. The quantity of each business confidential portion of the of the United States for national material that will actually be associated submission and also provide a non- defense. Section 9(b)(2)(G)(ii) of the with the two material research and confidential submission that can be Stock Piling Act (50 U.S.C. development projects will depend on placed in the public record. The 98(h)(b)(2)(G)(ii)) authorizes the the market for the materials during the Committee will seek to protect such National Defense Stockpile Manager to fiscal year as well as on the quantity of information to the extent permitted by fund material research and development each material approved for these law. projects to develop new materials for material research and development The Office of Administration, Bureau the stockpile. projects by Congress. of Industry and Security, U.S.

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Department of Commerce, displays inspection facility. If you have technical Dated: July 12, 2012. public comments on the BIS Freedom of difficulties accessing this Web site, Kevin J. Wolf, Information Act (FOIA) Web site at please call BIS’s Office of Assistant Secretary for Export http://www.bis.doc.gov/foia. This office Administration at (202) 482–1900 for Administration. does not maintain a separate public assistance. Attachment 1

PROPOSED SUPPLEMENT TO FISCAL YEAR 2013 ANNUAL MATERIALS PLAN

Material Unit Quantity Footnote

Cadmium Zinc Tellurium (CZT) substrates ...... cm2 40,000 1 Triamino Trinitrobenzene (TATB) ...... LB 24,000 1 1 Vendor-owned buffer inventory material research and development project.

Attachment 2

PROPOSED REVISIONS TO FISCAL YEAR 2013 ANNUAL MATERIALS PLAN

Proposed Material Unit revised Approved Footnote quantity quantity

Germanium ...... kg 3,000 0 1 Manganese Metallurgical Grade ...... SDT 100,000 222,025 2 Platinum—Iridium ...... Tr Oz 568 0 1 Zinc ...... ST 7,992 0 2, 3 1 Upgrade project. 2 Disposal. 3 Actual quantity will be limited to remaining inventory.

[FR Doc. 2012–17460 Filed 7–17–12; 8:45 am] not later than 120 days after the date of Federation.2 On March 26, 2012, we BILLING CODE 3510–33–P publication of this notice. extended the deadline for the DATES: Effective July 18, 2012. preliminary results by 75 days, to June 15, 2012.3 On June 1, 2012, we extended DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: the deadline for the preliminary results Dustin Ross or Minoo Hatten, AD/CVD by an additional 26 days, to July 11, International Trade Administration Operations, Office 1, Import 2012.4 We are conducting the Administration, International Trade administrative review of the order in [A–821–801] Administration, U.S. Department of accordance with section 751(a) of the Commerce, 14th Street and Constitution Act. Solid Urea From the Russian Avenue NW., Washington, DC 20230; Federation: Preliminary Results of telephone: (202) 482–0747 or (202) 482– Scope of the Order Antidumping Duty Administrative 1690, respectively. The merchandise subject to the order Review SUPPLEMENTARY INFORMATION: is solid urea, a high-nitrogen content fertilizer which is produced by reacting AGENCY: Import Administration, Background ammonia with carbon dioxide. The International Trade Administration, product is currently classified under the Pursuant to section 751(a)(1) of the Department of Commerce. Harmonized Tariff Schedules of the Tariff Act of 1930, as amended (the Act), SUMMARY: The Department of Commerce United States (HTSUS) item number and 19 CFR 351.213(b), the Ad Hoc (the Department) is conducting an 3102.10.00.00. Such merchandise was Committee of Domestic Nitrogen administrative review of the classified previously under item number Producers and its individual urea- antidumping duty order on solid urea 480.3000 of the Tariff Schedules of the producing members, CF Industries, Inc., from the Russian Federation. The United States. Although the HTSUS and PCS Nitrogen Fertilizer, L.P. review covers one producer/exporter of subheading is provided for convenience (collectively, the petitioners) and the subject merchandise, MCC and customs purposes, the written EuroChem requested an administrative EuroChem (EuroChem). The period of description of the merchandise subject review of the antidumping duty order review (POR) is July 1, 2010, through to the order is dispositive. June 30, 2011. We have preliminarily on solid urea from Russia with respect to EuroChem on August 1, 2011.1 On found that sales of the subject 2 See Initiation of Antidumping and merchandise have not been made at August 26, 2011, in accordance with 19 Countervailing Duty Administrative Reviews and prices below normal value. CFR 351.221(c)(1)(i), we published a Requests for Revocation in Part, 76 FR 53404 notice of initiation of administrative (August 26, 2011). We invite interested parties to 3 review of the antidumping duty order See Solid Urea From the Russian Federation: comment on these preliminary results. on solid urea from the Russian Extension of Time Limit for Preliminary Results of Parties who submit argument in this Antidumping Duty Administrative Review, 77 FR proceeding are requested to submit with 17410 (March 26, 2012). 1 See the petitioners’ letter to the Department, 4 See Memorandum to Gary Taverman, ‘‘Solid the argument (1) a statement of the issue dated August 1, 2011, at 1, and EuroChem’s letter Urea from the Russian Federation: Extension of and (2) a brief summary of the to the Department, dated August 1, 2011, at 1, Time Limit for Preliminary Results of Antidumping argument. We will issue the final results respectively. Duty Administrative Review.’’

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Fair-Value Comparisons exporter’s records kept in the ordinary expenses in accordance with section Pursuant to section 773(a)(1)(B)(ii) of course of business, as the date of sale. 772(c)(2)(A) of the Act. In accordance the Act and 19 CFR 351.414(c)(1) and The regulation provides further that the with section 772(d)(1) of the Act, we (d), to determine whether EuroChem’s Department may use a date other than calculated the CEP by deducting selling sales of solid urea from Russia were the date of the invoice if the Secretary expenses associated with economic made in the United States at less than is satisfied that a different date better activities occurring in the United States, normal value, we compared the reflects the date on which the material which includes direct selling expenses constructed export price (CEP) to the terms of sale are established. For all U.S. and indirect selling expenses. Finally, normal value as described in the sales, EuroChem reported contract date we made an adjustment for profit ‘‘Constructed Export Price’’ and as the date of sale. EuroChem defines allocated to these expenses in ‘‘Normal Value’’ sections of this notice. contract date, which coincides with accordance with section 772(d)(3) of the In these preliminary results, the shipment date for all U.S. sales during Act. Department applied the average-to- the period of review, as the date on Normal Value average comparison methodology which the material terms of sale are adopted in the Final Modification for established and no longer subject to A. Home Market Viability as Reviews.5 In particular, the Department change. EuroChem provided sample Comparison Market compared monthly, weighted-average contracts for U.S. sales covered by this In order to determine whether there is CEPs with monthly, weighted-average review, which support EuroChem’s a sufficient volume of sales in the home normal values, and granted offsets for contention that price and quantity are market to serve as a viable basis for non-dumped comparisons in the subject to change and not finalized until calculating normal value (i.e., the calculation of the weighted-average the date of contract.6 Based on record aggregate volume of home-market sales dumping margin. evidence, and consistent with previous of the foreign like product is five When making this comparison in administrative reviews, all material percent or more of the aggregate volume accordance with section 771(16) of the terms of sale are established on the date of U.S. sales), we compared the volume Act, we considered all products sold in of contract.7 Therefore, we have used of EuroChem’s home-market sales of the the home market as described in the contract date as reported by EuroChem foreign like product to the volume of its ‘‘Scope of the Order’’ section of this as the date of sale for all U.S. sales. U.S. sales of subject merchandise, in notice, above, that were in the ordinary With respect to its home-market sales, accordance with section 773(a)(1)(C) of course of trade for purposes of EuroChem reported invoice date as the the Act.11 Based on this comparison, we determining an appropriate product date of sale, explaining that price and determined that EuroChem had a viable comparison to the U.S. sale. If quantity are not finalized and are home market during the POR. contemporaneous sales of identical subject to change until invoicing Consequently, we based normal value home-market merchandise, as described because at the date of invoice, the on home-market sales to unaffiliated below, were reported, then we made product is loaded for delivery, weighed, purchasers made in the usual quantities comparisons to the monthly weighted- and the exact quantity is recorded for in the ordinary course of trade and sales average home-market prices that were the invoice and transportation made to affiliated purchasers where we based on all such sales. If there were no documents.8 This is consistent with our find prices were made at arm’s length, contemporaneous sales of an identical regulatory presumption for invoice date described in detail below. merchandise, then we identified sales of 9 as the date of sale. Thus, because the B. Level of Trade the most similar merchandise that were evidence does not demonstrate that the contemporaneous with the U.S. sales in material terms of sale were established To the extent practicable, we accordance with 19 CFR 351.414(e). on another date, and consistent with determined normal value for sales at the same level of trade as the U.S. sales. Product Comparisons previous reviews, we have used invoice date as the date of sale in the home When there were no sales at the same In accordance with section 771(16) of market.10 level of trade, we compared U.S. sales the Act, we compared products to home-market sales at a different level produced by EuroChem and sold in the Constructed Export Price of trade. The normal-value level of trade U.S. and home markets on the basis of In accordance with section 772(b) of is that of the starting-price sales in the the comparison product which was the Act, we used CEP for EuroChem home market. For CEP, the level of trade either identical or most similar in terms because the subject merchandise was is that of the constructed sale from the of the physical characteristics to the sold in the United States by a U.S. seller exporter to the affiliated importer. To product sold in the United States. In the affiliated with the producer and export determine whether home-market sales order of importance, these physical price was not otherwise indicated. are at a different level of trade than U.S. characteristics are form, grade, nitrogen We calculated CEP based on the free- sales, we examined stages in the content, size, urea-formaldehyde on-board or delivered price to marketing process and selling functions content, other additive/conditioning unaffiliated purchasers in, or for along the chain of distribution between agent, coating agent, and biuret content. exportation to, the United States. We the producer and the unaffiliated Date of Sale also made deductions for any movement customer. In the home market, EuroChem Section 351.401(i) of the Department’s 6 See VI–57 of EuroChem’s October 27, 2011, reported a single channel of regulations states that, normally, the response to the Department’s questionnaire. distribution. Within this single channel Department will use the date of invoice, 7 See Solid Urea from the Russian Federation: of distribution, EuroChem reported a as recorded in the producer’s or Final Results of Antidumping Duty Administrative Review, 76 FR 66690 (October 27, 2011). 11 See Memorandum titled ‘‘2010–2011 8 5 See Antidumping Proceedings: Calculation of See VI–41 of EuroChem’s October 27, 2011, Administrative Review of the Antidumping Duty the Weighted-Average Dumping Margin and response to the Department’s questionnaire. Order on Solid Urea from the Russian Federation— Assessment Rate in Certain Antidumping 9 See 19 CFR 351.401(i). Preliminary Results Analysis Memorandum for Proceedings: Final Modification, 77 FR 8101 10 See Solid Urea from the Russian Federation: EuroChem,’’ (‘‘Preliminary Analysis (February 14, 2012) (‘‘Final Modification for Final Results of Antidumping Duty Administrative Memorandum’’) dated concurrently with this Reviews’’). Review, 76 FR 66690 (October 27, 2011). notice, at 2.

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single level of trade for all three Pursuant to section 773(a)(6)(B)(ii) of Disclosure and Public Comment customer types (i.e., distributors, the Act, we deducted inland-freight The Department intends to disclose to traders, and end-users). After analyzing expenses EuroChem incurred on its interested parties the calculations the data on the record with respect to home-market sales. We made performed in connection with these the selling functions performed for each adjustments for differences in domestic preliminary results within five days of customer type, we find that EuroChem and export packing expenses in the date of publication of this notice.18 made all home-market sales at a single accordance with sections 773(a)(6)(A) Pursuant to 19 CFR 351.309(c), marketing stage (i.e., one level of trade) and 773(a)(6)(B)(i) of the Act. We made interested parties may submit cases 12 in the home market. deductions for direct selling expenses, briefs not later than the later of 30 days In the U.S. market, EuroChem had as appropriate. See Preliminary after the date of publication of this only CEP sales through its affiliated Analysis Memorandum at 5 through 6. notice. Rebuttal briefs, limited to issues reseller 13 and, thus, a single level of 14 Affiliation raised in the case briefs, may be filed trade. not later than five days after the date for We found that there were significant The Department may calculate normal filing case briefs.19 Parties who submit differences between the selling activities value based on a sale to an affiliated case briefs or rebuttal briefs in this associated with the CEP level of trade party only if it is satisfied that the price proceeding are encouraged to submit and those associated with the home- to the affiliated party is comparable to with each argument: (1) A statement of market level of trade. For example, the the price at which sales are made to the issue; (2) a brief summary of the CEP level of trade involved little or no parties not affiliated with the exporter argument; and (3) a table of strategic and economic planning, or producer, i.e., sales were made at authorities.20 Case and rebuttal briefs personnel training, distributor/dealer 16 arm’s-length prices. We excluded from should be filed using Import training, procurement/sourcing service, our analysis home-market sales to an Administration’s Antidumping and packing, order input/processing and affiliated customer for consumption in Countervailing Duty Centralized freight/delivery services.15 Therefore, the home market where we determined Electronic Service System (IA we have concluded that CEP sales that the sales to that affiliated customer ACCESS).21 constitute a different level of trade from were not made at arm’s-length prices. Pursuant to 19 CFR 351.310(c), the level of trade in the home market To test whether the sales to an affiliated interested parties who wish to request a and that the home-market level of trade customer were made at arm’s-length hearing, or to participate if one is is at a more advanced stage of prices, we compared these prices to the requested, must submit a written distribution than the CEP level of trade. prices of sales of comparable request to the Assistant Secretary for We were unable to match CEP sales at merchandise to unaffiliated customers, Import Administration, filed the same level of trade in the home net of all rebates, movement charges, electronically via IA ACCESS. An market or to make a level-of-trade direct selling expenses, and packing. electronically filed document must be adjustment because the differences in Pursuant to 19 CFR 351.403(c) and in received successfully in its entirety by price between the CEP level of trade and accordance with our practice, when the the Department’s electronic records the home-market level of trade cannot prices charged to an affiliated customer system, IA ACCESS, by 5 p.m. Eastern be quantified due to the lack of an were, on average, between 98 and 102 Standard Time within 30 days after the equivalent CEP level of trade in the percent of the prices charged to date of publication of this notice.22 home market. Also, there are no other unaffiliated parties for merchandise Requests should contain: (1) The party’s data on the record which would allow comparable to that sold to the affiliated name, address, and telephone number; us to make a level-of-trade adjustment. customer, we determined that the sales (2) the number of participants; and (3) Because the data available does not to that affiliated customer were at arm’s- a list of issues to be discussed. Issues provide an appropriate basis on which length prices.17 We exclude from our raised in the hearing will be limited to to determine a level-of-trade adjustment analysis all sales to an affiliated those raised in the respective case and the home-market level of trade is at customer for consumption in the home briefs. The Department will issue the a more advanced stage of distribution market where we determined that these final results of this administrative than the CEP, we made a CEP-offset sales, on average, were not sold at arm’s- review, including the results of its adjustment to normal value in length prices. See Preliminary Analysis analysis of the issues raised in any accordance with section 773(a)(7)(B) of Memorandum at 4. written briefs, not later than 120 days the Act and 19 CFR 351.412(f). The CEP after the date of publication of this offset was the sum of indirect selling Currency Conversion notice, pursuant to section 751(a)(3)(A) expenses incurred on home-market sales We made currency conversions into of the Act. up to the amount of indirect selling U.S. dollars in accordance with section Assessment Rates expenses incurred on the U.S. sales. See 773A of the Act and 19 CFR 351.415, Preliminary Analysis Memorandum at based on the exchange rates in effect on Upon issuance of the final results, the 2. the dates of the U.S. sales as certified by Department shall determine, and CBP C. Calculation of Normal Value Based the Federal Reserve Bank. shall assess, antidumping duties on all on Comparison Market Prices appropriate entries covered by this Preliminary Results of the Review review. EuroChem reported the name of We based normal value on the starting As a result of this review, we the importer of record and the entered prices to home-market customers. preliminarily determine that a dumping value for all of its sales to the United margin of 0.00 percent exists for States during the POR. If EuroChem’s 12 See VI–36 through VI–46 of EuroChem’s weighted-average dumping margin is October 27, 2011, response to the Department’s EuroChem for the period July 1, 2010, questionnaire. through June 30, 2011. 13 See IV–13 of EuroChem’s November 8, 2011, 18 See 19 CFR 351.224(b). response to the Department’s questionnaire. 16 See 19 CFR 351.403(c). 19 See 19 CFR 351.309(d). 14 See section 772(b) of the Act. 17 See Antidumping Proceedings: Affiliated Party 20 See 19 CFR 351.309(c)(2) and (d)(2). 15 See VI–44 to VI–45 of EuroChem’s October 27, Sales in the Ordinary Course of Trade, 67 FR 69186 21 See 19 CFR 351.303. 2011, response to the Department’s questionnaire. (November 15, 2002). 22 See 19 CFR 351.310(c).

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above de minimis (i.e., 0.50 percent) in Notification to Importers FOR FURTHER INFORMATION CONTACT: the final results of this review, we will This notice also serves as a Elizabeth Gorman at (202) 482–1174 or calculate an importer-specific preliminary reminder to importers of Yasmin Nair at (202) 482–3813; AD/ assessment rate on the basis of the ratio their responsibility under 19 CFR CVD Operations, Office 1, Import of the total amount of dumping 351.402(f)(2) to file a certificate Administration, International Trade calculated for the importer’s examined regarding the reimbursement of Administration, U.S. Department of sales and the total entered value of those antidumping duties prior to liquidation Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. sales in accordance with 19 CFR of the relevant entries during this 351.212(b)(1). review period. Failure to comply with Background The Department clarified its this requirement could result in the On December 28, 1994, the ‘‘automatic assessment’’ regulation on Secretary’s presumption that Department published in the Federal May 6, 2003. This clarification will reimbursement of antidumping duties Register the AD order on certain cased apply to entries of subject merchandise occurred and the subsequent assessment pencils from China. See Antidumping during the POR produced by EuroChem of double antidumping duties. Duty Order: Certain Cased Pencils from for which it did not know its We are issuing and publishing these the People’s Republic of China, 59 FR merchandise was destined for the results in accordance with sections 66909 (December 28, 1994) (AD order). United States. In such instances, we will 751(a)(1) and 777(i)(1) of the Act. On May 23, 2012, in accordance with instruct CBP to liquidate unreviewed Dated: July 11, 2012. section 751(b) and 751(d)(1) of the Act, entries at the all-others rate if there is no Ronald K. Lorentzen, 19 CFR 351.216(b), and 19 CFR rate for the intermediate company(ies) Acting Assistant Secretary for Import 351.222(g)(1), ThinkGeek, a U.S. involved in the transaction. For a full Administration. importer of subject merchandise, discussion of this clarification, see [FR Doc. 2012–17518 Filed 7–17–12; 8:45 am] requested revocation in part, of the AD Antidumping and Countervailing Duty BILLING CODE 3510–DS–P order with respect to its novelty pencil, Proceedings: Assessment of which is shaped like a drumstick, as Antidumping Duties, 68 FR 23954 (May part of a changed circumstances review. 6, 2003). DEPARTMENT OF COMMERCE ThinkGeek’s novelty drumstick pencil is made to look like a pencil, except that We intend to issue instructions to International Trade Administration it is shaped as a drumstick. This pencil CBP 15 days after publication of the is longer than regular wooden pencils final results of this review. [A–570–827] and does not contain an eraser. Cash Deposit Requirements ThinkGeek requested that the Certain Cased Pencils From the Department conduct the changed The following deposit requirements People’s Republic of China: Initiation circumstances review on an expedited will be effective upon publication of the and Preliminary Results of basis pursuant to 19 CFR notice of final results of administrative Antidumping Duty Changed 351.221(c)(3)(ii). Circumstances Review, and Intent To review for all shipments of solid urea Scope of the Order from the Russian Federation entered, or Revoke Order in Part withdrawn from warehouse, for Imports covered by this order are AGENCY: Import Administration, shipments of certain cased pencils of consumption on or after the date of International Trade Administration, publication as provided by section any shape or dimension (except as Department of Commerce. described below) which are writing and/ 751(a)(2) of the Act: (1) The cash deposit SUMMARY: In accordance with section rate for EuroChem will be the rate or drawing instruments that feature 751(b) of the Tariff Act of 1930, as cores of graphite or other materials, established in the final results of this amended (the Act), and 19 CFR encased in wood and/or man-made administrative review; (2) for 351.216(b), ThinkGeek, Inc. materials, whether or not decorated and merchandise exported by manufacturers (ThinkGeek) filed a request for a whether or not tipped (e.g., with erasers, or exporters not covered in this review changed circumstances review of the etc.) in any fashion, and either but covered in a prior segment of the antidumping duty (AD) order on certain sharpened or unsharpened. The pencils proceeding, the cash deposit rate will cased pencils (pencils) from the subject to the order are currently continue to be the company-specific rate People’s Republic of China (PRC) to classifiable under subheading published for the most recent period; (3) revoke the AD order with respect to 9609.10.00 of the Harmonized Tariff if the exporter is not a firm covered in novelty drumstick pencils. The Schedule of the United States (HTSUS). this review, a prior review, or the domestic industry has affirmatively Specifically excluded from the scope of original investigation but the expressed a lack of interest in the order are mechanical pencils, manufacturer is, the cash deposit rate continuing the AD order with respect to cosmetic pencils, pens, non-cased will be the rate established for the most this product. In response to ThinkGeek’s crayons (wax), pastels, charcoals, recent period for the manufacturer of request, the Department of Commerce chalks, and pencils produced under the merchandise; (4) the cash deposit (the Department) is initiating a changed U.S. patent number 6,217,242, from rate for all other manufacturers or circumstances review to be conducted paper infused with scents by the means exporters will continue to be 64.93 on an expedited basis and issuing a covered in the above-referenced patent, percent, the all-others rate established notice of preliminary intent to revoke, thereby having odors distinct from those in Urea From the Union of Soviet in part, this order. Pursuant to that may emanate from pencils lacking Socialist Republics; Final Determination ThinkGeek’s request, this partial the scent infusion. Also excluded from of Sales at Less Than Fair Value, 52 FR revocation would be applied the scope of the order are pencils with 19557 (May 26, 1987). These cash retroactively to June 1, 2011. Interested all of the following physical deposit requirements, when imposed, parties are invited to comment on these characteristics: (1) Length: 13.5 or more shall remain in effect until further preliminary results. inches; (2) sheath diameter: not less notice. DATES: Effective Date: June 1, 2011. than one-and-one quarter inches at any

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point (before sharpening); and (3) core 351.222(g)(1)(i), in that they account for encasing one-and-one half inches of length: not more than 15 percent of the at least 85 percent of such production. sharpened lead on one end and a rubber length of the pencil. See ThinkGeek’s letter dated June 5, eraser on the other end. Also excluded are In addition, pencils with all of the 2012. Also, ThinkGeek’s letter requested novelty drumstick pencils that are shaped following characteristics are excluded that this partial revocation be like drumsticks, longer than regular wooden pencils, and do not contain erasers. from the order: novelty jumbo pencils retroactively applied to ThinkGeek’s that are octagonal in shape, drumstick pencils, entered or Public Comment approximately ten inches long, one inch withdrawn from warehouse, for Interested parties are invited to in diameter before sharpening, and consumption, on or after June 1, 2011, comment on these preliminary results. three-and-one eighth inches in which would apply to any remaining Written comments may be submitted no circumference, composed of turned unliquidated entries of this product. See later than 14 days after the date of wood encasing one-and-one half inches id. publication of these preliminary results. of sharpened lead on one end and a In accordance with section 751(b) of Rebuttals to written comments, limited rubber eraser on the other end. the Act, 19 CFR 351.216, 19 CFR to issues raised in such comments, may Although the HTSUS subheading is 351.222(g), and 19 CFR 351.221(c)(3)(ii), be filed no later than 21 days after the provided for convenience and customs we are initiating this changed date of publication of these preliminary purposes, the written description of the circumstances review and have results. Consistent with 19 CFR 351.309, scope and order is dispositive. determined that expedited action is warranted. In accordance with 19 CFR parties who submit written comments or Initiation and Preliminary Results of rebuttal comments in this proceeding Antidumping Duty Changed 351.222(g)(1), we find that Petitioners’ affirmative statements of no interest are requested to submit with each Circumstances Review, and Intent To argument (1) a statement of the issue Revoke the Order in Part constitutes good cause for the conduct of this review. Additionally, our and (2) a brief summary of the argument At the request of ThinkGeek, and in decision to expedite this review (no longer than five pages, including accordance with sections 751(b)(1) and pursuant to 19 CFR 351.221(c)(3)(ii) footnotes). Pursuant to 19 CFR 751(d)(1) of the Act and 19 CFR 351.216 stems from the domestic industry’s lack 351.310(c), any interested party may and 19 CFR 351.222(g)(1), the of interest in applying the AD order to request a hearing within 10 days of the Department is initiating a changed these drumstick novelty pencils, date of publication of this notice. circumstances review of novelty described above, covered by Further, any hearing, if requested, will drumstick pencils from the PRC to ThinkGeek’s request. be held no later than 25 days after the determine whether partial revocation of Based on the expression of no interest date of publication of this notice, or the the AD order is warranted with respect by Petitioners and absent any objection first business day thereafter. All written to this product. Section 782(h)(2) of the by other domestic interested parties, we comments and/or hearing requests must Act and 19 CFR 351.222(g)(1)(i) provide preliminarily determine that be filed electronically using Import that the Department may revoke an substantially all of the domestic Administration’s Antidumping and order (in whole or in part) if it producers have no interest in the Countervailing Duty Centralized determines that producers accounting continued application of the AD order Electronic Service System (IA 1 for substantially all of the production of on pencils from the PRC to the ACCESS). An electronically filed the domestic like product have no merchandise that is subject to document must be received successfully further interest in the order, in whole or ThinkGeek’s request. Therefore, we are in its entirety by the Department’s in part. In its administrative practice, notifying the public of our intent to electronic records system, IA ACCESS, the Department has interpreted revoke, in part, the AD order as it relates by 5 p.m. Eastern Time of the deadlines ‘‘substantially all’’ to mean at least 85 to imports of drumstick novelty pencils, set forth in this notice. percent of the total production of the as described above, from the PRC. This We will issue our final results of this domestic like product covered by the partial revocation would be changed circumstances review as soon order. See, e.g., Certain Pasta From retroactively applied to entries of as practicable following the above Italy: Final Results of Countervailing novelty drumstick pencils, entered or comment period, but not later than 270 Duty Changed Circumstances Review withdrawn from warehouse, for days after the date on which we and Revocation, In Part, 76 FR 27634, consumption, on or after June 1, 2011, initiated the changed circumstances 27635 (May 12, 2011). In addition, in a date after the last day of the most review or within 45 days if all parties the event the Department determines recently completed administrative agree to our preliminary results, in that expedited action is warranted, 19 review. See, e.g., Wooden Bedroom accordance with 19 CFR 351.216(e). CFR 351.221(c)(3)(ii) permits the Furniture from the People’s Republic of If final revocation occurs, we will Department to combine the notices of China: Final Results of Changed instruct U.S. Customs and Border initiation and preliminary results. Circumstances Review and Protection to end the suspension of On May 23, 2012, ThinkGeek Determination to Revoke Order in Part, liquidation for the merchandise covered submitted a letter from petitioners and 74 FR 8506 (February 25, 2009) by the revocation on the effective date domestic pencil producers Sanford, (retroactively revoking an order, in part, of the notice of revocation and to release L.P.; Musgrave Pencil Company and to unliquidated entries not subject to a any cash deposit or bond. The current General Pencil Company (collectively, final determination by the Department). requirement for a cash deposit of Petitioners) expressing a lack of interest We intend to modify the scope of the estimated AD duties on all subject in maintaining the AD order with AD order to read as follows: merchandise will continue unless and respect to the novelty drumstick pencils until it is modified pursuant to the final identified in ThinkGeek’s request. On In addition, pencils with all of the results of this changed circumstances June 5, 2012, Petitioners submitted a following characteristics are excluded from the order: novelty jumbo pencils that are review. letter stating that they comprise octagonal in shape, approximately ten inches This initiation and preliminary results ‘‘substantially all’’ of the production of long, one inch in diameter before sharpening, of review notice is published in the domestic like product, as provided and three-and-one eighth inches in in section 782(h) of the Act and 19 CFR circumference, composed of turned wood 1 See generally 19 CFR 351.303.

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accordance with sections 751(b)(1) and Chinook salmon (O. tshawytscha), Sacramento-San Joaquin Delta. Results 777(i)(1) of the Act and 19 CFR 351.216, endangered Sacramento River winter- will provide information on spatial and 351.221(b)(1) and (4), and 351.222(g). run Chinook salmon (O. tshawytscha), environmental patterns of predation; Dated: July 11, 2012. and threatened southern distinct critical information for guiding future Ronald K. Lorentzen, population segment of North American restoration projects on conditions likely (sDPS) green sturgeon (Acipenser to support or discourage higher Acting Assistant Secretary for Import Administration. medirostris). predation rates on endangered and native fishes. The sampling will be [FR Doc. 2012–17523 Filed 7–17–12; 8:45 am] Authority conducted in April, June and December BILLING CODE 3510–DS–P Scientific research permits are issued in the Sacramento River above Rio in accordance with section 10(a)(1)(A) Vista, Georgiana, Steamboat, Miner, and of the ESA of 1973 (16 U.S.C. 1531– DEPARTMENT OF COMMERCE Cache sloughs, the Sacramento Deep 1543) and regulations governing listed Water Ship Channel, and Liberty Island. National Oceanic and Atmospheric fish and wildlife permits (50 CFR parts Sampling months were selected based Administration 222–226). NMFS issues permits based on likely periods of co-occurrence of on findings that such permits: (1) Are predators and prey species of interest. RIN 0648–XC105 applied for in good faith; (2) if granted Predators will be sampled using and exercised, would not operate to the trammel nets, with the goal of Endangered and Threatened Species; disadvantage of the listed species which genetically analyzing their gut contents Take of Anadromous Fish are the subject of the permits; and (3) for the DNA of various prey items. AGENCY: National Marine Fisheries are consistent with the purposes and While listed species are not the target Service (NMFS), National Oceanic and policies set forth in section 2 of the of the sampling program, incidental take Atmospheric Administration (NOAA), ESA. The authority to take listed species may occur and will provide valuable Commerce. is subject to conditions set forth in the information on abundance, habitat use, permits. ACTION: Receipt of application for and migration timing. Anyone requesting a hearing on the scientific research and enhancement. Dated: July 13, 2012. applications listed in this notice should Angela Somma, SUMMARY: Notice is hereby given that set out the specific reasons why a hearing on the application(s) would be Chief, Endangered Species Division, Office NMFS has received a scientific research of Protected Resources, National Marine appropriate (see ADDRESSES). Such and enhancement permit application Fisheries Service. hearings are held at the discretion of the request relating to anadromous species [FR Doc. 2012–17487 Filed 7–17–12; 8:45 am] listed under the Endangered Species Act Assistant Administrator for Fisheries, BILLING CODE 3510–22–P (ESA). The proposed research activities NMFS. are intended to increase knowledge of Application Received the species and to help guide DEPARTMENT OF COMMERCE management and conservation efforts. Permit 16543 DATES: Written comments on the permit The Department of Water Resources National Oceanic and Atmospheric application must be received at the (DWR) is requesting a 3-year scientific Administration appropriate address or fax number (see research and enhancement permit to ADDRESSES) no later than 5 p.m. Pacific take adult CCV steelhead, Sacramento New England Fishery Management standard time on August 17, 2012. River winter-run Chinook salmon, Council; Public Meeting ADDRESSES: The application and related Central Valley spring-run Chinook AGENCY: National Marine Fisheries documents may be viewed online at: salmon, and both adult and juvenile Service (NMFS), National Oceanic and https://apps.nmfs.noaa.gov/preview/ sDPS green sturgeon associated with Atmospheric Administration (NOAA), preview_open_for_comment.cfm. These research activities in the Sacramento- Commerce. San Joaquin Delta, California. In the documents are also available upon ACTION: Notice; public meeting. written request or by appointment by studies described below, all take will be contacting NMFS by phone (916) 930– incidental and non-lethal. Application SUMMARY: The New England Fishery 3706 or fax (916) 930–3629. Written 16543 was previously noticed in the Management Council’s (Council) comments on the application should be Federal Register (76 FR 57717) with a Groundfish Committee will meet to submitted to the Protected Resources 30 day comment period from September consider actions affecting New England Division, NMFS, 650 Capitol Mall, 16, 2011 to October 17, 2011. No fisheries in the exclusive economic zone Room 5–100, Sacramento, CA 95814. comments were received for this (EEZ). application, however due to substantial Comments may also be submitted via DATES: The meeting will be held on changes to the sampling methods and fax to (916) 930–3629 or by email to Thursday, August 2, 2012 at 9 a.m. [email protected]. the amount take NMFS decided to publish the revised notice for public ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: comment. the Sheraton Harborside Hotel, 250 Amanda Cranford, Sacramento, CA (ph.: This project will examine predation Market Street, Portsmouth, NH 03801; 916–930–3706, email: by introduced fishes (striped bass, telephone: (603) 431–2300; fax: (603) [email protected]). largemouth bass, smallmouth bass) and 433–5649. SUPPLEMENTARY INFORMATION: native resident fishes (Sacramento Council address: New England pikeminnow) on migrating native fishes Fishery Management Council, 50 Water Species Covered in This Notice (juvenile Chinook salmon, juvenile Street, Mill 2, Newburyport, MA 01950. This notice is relevant to federally steelhead, delta and longfin smelt, white FOR FURTHER INFORMATION CONTACT: Paul threatened California Central Valley and green sturgeon, and Sacramento J. Howard, Executive Director, New steelhead (Oncorhynchus mykiss), splittail) across a variety of habitats and England Fishery Management Council; threatened Central Valley spring-run migration corridors in the northern telephone: (978) 465–0492.

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SUPPLEMENTARY INFORMATION: The items Fishery Conservation and Management Fishery Management Plan for the South of discussion in the committee’s agenda Act, provided the public has been Atlantic Region and the permit are as follows: notified of the Council’s intent to take holderswill discuss potential allocation The Groundfish Oversight Committee final action to address the emergency. scenarios and share ownership caps will discuss possible adjustments to among other management issues for the Special Accommodations sector management measures and issues commercial fishery. The permit holders related to setting Acceptable Biological This meeting is physically accessible will discuss alternatives in the Catches (ABCs), Annual Catch Limits to people with disabilities. Requests for amendment and provide (ACLs), and Accountability Measures sign language interpretation or other recommendations for Council (AMs). The Committee will continue to auxiliary aids should be directed to Paul consideration. develop options to improve sector J. Howard (see ADDRESSES) at least 5 monitoring, including both at-sea and days prior to the meeting date. Special Accommodations dockside monitoring. They may discuss Authority: 16 U.S.C. 1801 et seq. The meeting is physically accessible different funding mechanisms, to people with disabilities. Requests for appropriate coverage levels, full Dated: July 13, 2012. auxiliary aids should be directed to the retention of allocated groundfish Tracey L. Thompson, council office (see ADDRESSES) three species, and ACE carry-over provisions. Acting Deputy Director, Office of Sustainable days prior to the meeting. With respect to ABCs/ACLs/AMs, the Fisheries, National Marine Fisheries Service. Note: The times and sequence specified in [FR Doc. 2012–17430 Filed 7–17–12; 8:45 am] Committee will consider additional sub- this agenda are subject to change. ACLs for the scallop fishery for stocks BILLING CODE 3510–22–P such as SNE/MAB windowpane Dated: July 13, 2012. flounder and SNE/MA winter flounder. Tracey L. Thompson, DEPARTMENT OF COMMERCE The Committee may also develop Acting Deputy Director, Office of Sustainable options for additional sub-ACLs for National Oceanic and Atmospheric Fisheries, National Marine Fisheries Service. fisheries outside the Council’s [FR Doc. 2012–17436 Filed 7–17–12; 8:45 am] jurisdiction that catch these stocks. Administration BILLING CODE 3510–22–P Examples of fisheries that may be Fisheries of the South Atlantic; South affected include the fluke and scup Atlantic Fishery Management Council; fisheries that are managed by the Mid- Public Meeting DEPARTMENT OF COMMERCE Atlantic Fishery Management Council (MAFMC) and the Atlantic States AGENCY: National Marine Fisheries National Oceanic and Atmospheric Marine Fisheries Commission (ASMFC), Service (NMFS), National Oceanic and Administration and the squid fisheries are managed by Atmospheric Administration (NOAA), RIN 0648–XA830 the MAFMC. Committee members will Commerce. also discuss additional reactive AMs for ACTION: Notice of a public meeting of the Takes of Marine Mammals Incidental to wolffish, SNE/MA winter flounder, and South Atlantic Fishery Management Specified Activities; Taking Marine Atlantic halibut. The Committee may Council’s Golden Crab Advisory permit Mammals Incidental to a Wharf also discuss other issues that may be holders. Construction Project incorporated into the framework, such as issues related to Georges Bank SUMMARY: The South Atlantic Fishery AGENCY: National Marine Fisheries yellowtail flounder management. Management Council will hold a Service (NMFS), National Oceanic and Options identified by the Committee meeting of Golden Crab Permit Holders Atmospheric Administration (NOAA), will be included in a future in Key Largo, FL. Commerce. management action (Framework DATES: The meeting will take place ACTION: Notice; issuance of an incidental Adjustment 48) that will be considered August 10, 2012, from 9 a.m. to 5 p.m. harassment authorization. by the Council in the fall of 2012. The ADDRESSES: The meeting will be held at Committee is also expected to receive a the Hilton Key Largo Resort, 97000 SUMMARY: In accordance with the preliminary report on the recent South Overseas Highway, Key Largo, FL regulations implementing the Marine assessments of Eastern Georges Bank 33037; telephone: (305) 852–5553. Mammal Protection Act (MMPA) as cod and haddock, and Georges Bank amended, notification is hereby given yellowtail flounder that were conducted FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, that we have issued an incidental by the Transboundary Resource harassment authorization (IHA) to the Assessment Committee. The Committee South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite U.S. Navy (Navy) to incidentally harass, may provide comments for by Level B harassment only, six species consideration by the Transboundary 201, N. Charleston, SC 29405; telephone: (843) 571–4366 or toll free of marine mammals during construction Management Guidance Committee when activities associated with a wharf it negotiates FY 2013 quotas for these (866) SAFMC–10; fax: (843) 769–4520; email: [email protected]. construction project in Hood Canal, stocks. Other business may be Washington. discussed. SUPPLEMENTARY INFORMATION: The Although non-emergency issues not Golden Crab permit holders are being DATES: This authorization is effective contained in this agenda may come brought together to discuss options from July 16, 2012, through February 15, before this group for discussion, those being considered by the South Atlantic 2013. issues may not be the subject of formal Fishery Management Council that could ADDRESSES: A copy of the IHA and action during this meeting. Action will potentially establish a catch share related documents are available by be restricted to those issues specifically program in this fishery. Permit holders writing to Michael Payne, Chief, Permits identified in this notice and any issues will be asked to discuss their support and Conservation Division, Office of arising after publication of this notice for or opposition to a catch share Protected Resources, National Marine that require emergency action under program. There will be an overview of Fisheries Service, 1315 East-West section 305(c) of the Magnuson-Stevens draft Amendment 6 to the Golden Crab Highway, Silver Spring, MD 20910.

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A copy of the application, including authorizations for the incidental summer (late June through July). references used in this document, may harassment of marine mammals. Within Although known to be historically be obtained by visiting the Internet at: 45 days of the close of the comment abundant in the inland waters of http://www.nmfs.noaa.gov/pr/permits/ period, NMFS must either issue or deny Washington, no other confirmed incidental.htm. For those members of the authorization. Except with respect to documentation of humpback whales in the public unable to view these certain activities not pertinent here, the Hood Canal is available. Additionally, documents on the Internet, a copy may MMPA defines ‘‘harassment’’ as: ‘‘any while the Southern Resident killer be obtained by writing to the address act of pursuit, torment, or annoyance whale (listed as endangered under the specified above or telephoning the which (i) has the potential to injure a Endangered Species Act [ESA]) is contact listed below (see FOR FURTHER marine mammal or marine mammal resident to the inland waters of INFORMATION CONTACT). A memorandum stock in the wild [Level A harassment]; Washington and British Columbia, it has describing our adoption of the Navy’s or (ii) has the potential to disturb a not been observed in the Hood Canal in Environmental Impact Statement (2011) marine mammal or marine mammal over 15 years and was therefore and our associated Record of Decision, stock in the wild by causing disruption excluded from further analysis. prepared pursuant to the National of behavioral patterns, including, but Under the proposed action—which Environmental Policy Act, are also not limited to, migration, breathing, includes only the portion of the project available at the same site. Documents nursing, breeding, feeding, or sheltering that would be completed under this cited in this notice may also be viewed, [Level B harassment].’’ proposed 1-year IHA—a maximum of 195 pile driving days would occur. All by appointment, during regular business Summary of Request hours, at the aforementioned address. piles would be driven with a vibratory We received an application on May hammer for their initial embedment FOR FURTHER INFORMATION CONTACT: Ben 25, 2011 from the Navy for the taking of depths, while select piles would be Laws, Office of Protected Resources, marine mammals incidental to pile impact driven for their final 10–15 ft (3– NMFS, (301) 427–8401. driving in association with a wharf 4.6 m) for proofing, as necessary. SUPPLEMENTARY INFORMATION: construction project in the Hood Canal Proofing involves striking a driven pile Background at Naval Base Kitsap in Bangor, WA with an impact hammer to verify that it (NBKB). The Navy submitted a revised provides the required load-bearing Sections 101(a)(5)(A) and (D) of the version of the application on August 11, capacity, as indicated by the number of MMPA (16 U.S.C. 1361 et seq.) direct 2011, and, responsive to discussions hammer blows per foot of pile the Secretary of Commerce to allow, with us as well as new information advancement. Sound attenuation upon request, the incidental, but not about species in the area, submitted a measures (i.e., bubble curtain) would be intentional, taking of small numbers of final version deemed adequate and used during all impact hammer marine mammals by U.S. citizens who complete on November 3, 2011. The operations. engage in a specified activity (other than Navy submitted a final updated For pile driving activities, the Navy commercial fishing) within a specified addendum to the IHA request on used our current acoustic thresholds, geographical region if certain findings December 16, 2011.The wharf outlined later in this document, for are made and either regulations are construction project is proposed to assessing impacts. The Navy used issued or, if the taking is limited to occur over multiple years; however, this recommended spreading loss formulas harassment, a notice of a proposed IHA would cover only the initial year of (the practical spreading loss equation authorization is provided to the public in-water work associated with the for underwater sounds and the spherical for review. project. Pile driving activities would spreading loss equation for airborne Authorization for incidental takings occur only within an approved in-water sounds) and empirically-measured shall be granted if NMFS finds that the work window from July 16, 2012, source levels from 30- to 66-in diameter taking will have a negligible impact on through February 15, 2013. Six species steel pile driving events to estimate the species or stock(s), will not have an of marine mammals are known from the potential marine mammal exposures. unmitigable adverse impact on the waters surrounding NBKB: Steller sea Predicted exposures are outlined later in availability of the species or stock(s) for lions (Eumetopias jubatus), California this document. The calculations predict subsistence uses (where relevant), and if sea lions (Zalophus californianus), that no Level A harassments would the permissible methods of taking and harbor seals (Phoca vitulina), killer occur associated with pile driving or requirements pertaining to the whales (Orcinus orca; transient type construction activities, and that as many mitigation, monitoring and reporting of only), Dall’s porpoises (Phocoenoides as 18,225 Level B harassments may such takings are set forth. NMFS has dalli), and harbor porpoises (Phocoena occur during the wharf construction defined ‘‘negligible impact’’ in 50 CFR phocoena). In addition, a single project from sound produced by pile 216.103 as ‘‘* * * an impact resulting humpback whale (Megaptera driving activity. from the specified activity that cannot novaeangliae) was observed in the Hood be reasonably expected to, and is not Canal during January and February, Description of the Specified Activity reasonably likely to, adversely affect the 2012; please note that these sightings NBKB is located on the Hood Canal species or stock through effects on occurred after the notice of proposed approximately 20 miles (32 km) west of annual rates of recruitment or survival.’’ authorization for this project was Seattle, Washington (see Figures 2–1 Section 101(a)(5)(D) of the MMPA published in the Federal Register. through 2–4 in the Navy’s application). established an expedited process by Therefore, descriptions of humpback NBKB provides berthing and support which citizens of the U.S. can apply for whale occurrence in Puget Sound are services for OHIO Class ballistic missile an authorization to incidentally take included here. submarines (SSBN), also known as small numbers of marine mammals by These species may occur year-round TRIDENT submarines. The Navy’s harassment. Section 101(a)(5)(D) in the Hood Canal, with the exception construction of the EHW–2 facility at establishes a 45-day time limit for of the Steller sea lion, which is present NBKB is planned to support future NMFS review of an application only from fall to late spring (October to program requirements for TRIDENT followed by a 30-day public notice and mid-April), and the California sea lion, submarines berthed at NBKB. The Navy comment period on any proposed which is not present during part of states that construction of EHW–2 is

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necessary because the existing EHW components: (1) The wharf proper (or permanent piles, will likely be driven alone will not be able to support future Operations Area), including the warping and removed using a vibratory driver. It TRIDENT program requirements. Under wharf; and (2) two access trestles. Please has not been determined exactly what the MMPA, activities associated with see Figures 1–1 and 1–2 of the Navy’s parts or how much of the project will be the wharf construction project, application for conceptual and completed during the first year; including vibratory and impact pile schematic representations of the EHW– however, a maximum of 195 days of pile driving operations and vibratory 2. Details regarding construction plans driving will occur. The analysis removal of falsework piles, have the for the wharf were described in our contained herein is based upon the potential to cause harassment of marine Federal Register notice of proposed maximum of 195 pile driving days, mammals within the waterways authorization (76 FR 79410; December rather than any specific number of piles adjacent to NBKB. All in-water 21, 2011; hereafter, the FR notice); driven, and assumes that (1) all marine construction activities within the Hood please see that document or the Navy’s mammals available to be incidentally Canal are only permitted during July application for construction details. taken within the relevant area would be; 16–February 15 in order to protect For the entire project, a total of up to and (2) individual marine mammals spawning fish populations. 1,250 permanent piles ranging in size As part of the Navy’s sea-based from 24- to 48-in diameter will be may only be incidentally taken once in strategic deterrence mission, the Navy driven in-water to construct the wharf, a 24-hour period—for purposes of Strategic Systems Programs directs with up to three vibratory rigs and one authorizing specified numbers of take— research, development, manufacturing, impact driving rig operating regardless of actual number of testing, evaluation, and operational simultaneously. Construction will also exposures in that period. Table 1 support for the TRIDENT Fleet Ballistic require temporary installation of up to summarizes the number and nature of Missile program. Development of 150 falsework piles used as an aid to piles required for the entire project, necessary facilities for handling of guide permanent piles to their proper rather than what subset of piles may be explosive materials is part of these locations. Falsework piles, which are expected to be driven during the first duties. The EHW–2 will consist of two removed upon installation of the year of construction.

TABLE 1—SUMMARY OF PILES REQUIRED FOR WHARF CONSTRUCTION [In total]

Feature Quantity

Total number of permanent in-water piles ...... Up to 1,250. Size and number of main wharf piles ...... 24-in: 140. 36-in: 157. 48-in: 263. Size and number of warping wharf piles ...... 24-in: 80. 36-in: 190. Size and number of lightning tower piles ...... 24-in: 40. 36-in: 90. Size and number of trestle piles ...... 24-in: 57. 36-in: 233. Falsework piles ...... Up to 150, 18- to 24-in. Maximum pile driving duration ...... 195 days (under 1-year IHA).

Pile installation will employ vibratory total of 1,000 strikes from the impact hours (sunrise to sunset). Other pile drivers to the greatest extent hammer. Under a worst-case scenario construction (not in-water) may occur possible, and the Navy anticipates that (i.e., difficult subsurface driving between 7 a.m. and 10 p.m., year-round. most piles will be able to be vibratory conditions encountered), as many as Description of Sound Sources and driven to within several feet of the three piles might require driving with Distances to Thresholds required depth. Pile drivability is, to a an impact hammer to their full large degree, a function of soil embedment depth. With proofing of two An in-depth description of sound sources in general was provided in the conditions and the type of pile hammer. additional piles, this scenario would FR notice (76 FR 79410; December 21, Recent experience at two other result in as many as 6,400 impact pile 2011). Significant sound-producing in- construction locations along the NBKB strikes in a day. Please see the FR notice (76 FR 79410; December 21, 2011) for water construction activities associated waterfront indicates that most piles with the project include impact and more detail. should be able to be driven with a vibratory pile driving and vibratory pile vibratory hammer to proper embedment Impact pile driving during the first removal. depth. However, difficulties during pile half of the in-water work window (July Since 1997, we have used generic driving may be encountered as a result 16 to September 15) would only occur sound exposure thresholds as guidelines of obstructions that may exist between 2 hours after sunrise and 2 to estimate when harassment may occur. throughout the project area. Such hours before sunset to protect breeding Current practice regarding exposure of obstructions may consist of rocks or marbled murrelets (Brachyramphus marine mammals to sound defines boulders within the glacially overridden marmoratus; an ESA-listed bird under thresholds as follows: cetaceans and soils. If difficult driving conditions the jurisdiction of the U.S. Fish and pinnipeds exposed to sound levels of occur, increased usage of an impact Wildlife Service [USFWS]). Between 180 and 190 dB root mean square (rms; hammer will be required. The Navy September 16 and February 15, note that all underwater sound levels in estimates that up to five piles may be construction activities occurring in the this document are referenced to a proofed in a day, requiring a maximum water would occur during daylight pressure of 1 mPa) or above,

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respectively, are considered to have resulting in a 4.5 dB reduction in level (at 10 m) of 185 dB for impact driving been taken by Level A (i.e., injurious) for each doubling of distance from the (the mean SPL of the representative harassment, while behavioral source. In the model used here, the values, less 10 dB of sound attenuation harassment (Level B) is considered to sound pressure level (SPL) at some from use of a bubble curtain) and 180 have occurred when marine mammals distance away from the source (e.g., dB for vibratory driving (the worst-case are exposed to sounds at or above 120 driven pile) is governed by a measured value from the representative data). Use dB rms for continuous sound (such as source level, minus the transmission of the mean SPL of values for impact will be produced by vibratory pile loss of the energy as it dissipates with driving was considered appropriate driving) and 160 dB rms for pulsed distance. because it matched values from projects sound (produced by impact pile The intensity of pile driving sounds is where larger-size pile was used and, in driving), but below injurious thresholds. greatly influenced by factors such as the addition, matched the value obtained For airborne sound, pinniped type of piles, hammers, and the physical from the Carderock project, which was disturbance from haul-outs has been environment in which the activity takes located at the NBKB waterfront and documented at 100 dB (unweighted) for place. A large quantity of literature involved similar pile materials, water pinnipeds in general, and at 90 dB regarding SPLs recorded from pile depth, and bottom type. Use of the (unweighted) for harbor seals (note that driving projects is available for maximum value for vibratory driving all airborne sound levels in this consideration. In order to determine was deemed appropriate because no document are referenced to a pressure of reasonable SPLs and their associated data were available for larger size piles. 20 mPa). affects on marine mammals that are Under likely construction scenarios, Sound levels can be greatly reduced likely to result from pile driving at up to three vibratory drivers would during impact pile driving using sound NBKB, studies with similar properties to operate simultaneously with one impact attenuation devices. The Navy is the proposed action were evaluated. driver. Although radial distance and required to use sound attenuation Sound levels associated with vibratory area associated with the zone ensonified devices for all impact pile driving, and pile removal are assumed to be the same to 160 dB rms (the behavioral has elected to use bubble curtains. as those during vibratory installation harassment threshold for pulsed sounds, Bubble curtains work by creating a (Caltrans, 2007)—which is likely a such as those produced by impact column of air bubbles rising around a conservative assumption—and have driving) are presented in Table 2 for pile from the substrate to the water been taken into consideration in the reference, this zone would be subsumed surface. The air bubbles absorb and modeling analysis. Overall, studies by the 120 dB rms zone produced by scatter sound waves emanating from the which met the following parameters vibratory driving. Although animals pile, thereby reducing the sound energy. were considered: (1) Pile size and may react differently to pulsed sound A confined bubble curtain contains the materials: Steel pipe piles (30–72 in above 160 dB or non-pulsed sound air bubbles within a flexible or rigid diameter); (2) Hammer machinery: above 120 dB, there is no practical sleeve made from plastic, cloth, or pipe. Vibratory and impact hammer; and (3) distinction to be made as regards Confined bubble curtains generally offer Physical environment: shallow depth estimation of incidental take under the higher attenuation levels than (less than 100 ft [30 m]). multi-rig operating scenario. Animals unconfined curtains because they may Representative data for pile driving would not be considered to be taken physically block sound waves and they SPLs recorded from similar construction multiple times if exposed to different prevent air bubbles from migrating away activities in recent years were presented types of sound above the thresholds for from the pile. in the FR notice (76 FR 79410; behavioral harassment. Thus, behavioral The literature presents a wide array of December 21, 2011). As described harassment of marine mammals observed attenuation results for bubble previously in this document, sound associated with impact driving is not curtains (e.g., WSF, 2009; WSDOT, attenuation measures, including bubble considered further here. 2008; USFWS, 2009; Caltrans, 2009). curtains, can be employed during The use of multiple similar vibratory The variability in attenuation levels is impact pile driving to reduce the high rigs that are operating together closely due to variation in design, as well as source pressures. For the wharf in space and time would not result in differences in site conditions and construction project, the Navy intends larger 120 dB or 180/190 dB isopleths difficulty in properly installing and to employ sound reduction techniques for the hypothetical situation presented operating in-water attenuation devices. during impact pile driving, including here, in which a single vibratory driver As a general rule, reductions of greater the use of sound attenuation systems produces SPLs of 180 dB rms at 10 m than 10 dB cannot be reliably predicted (e.g., bubble curtain). The calculations (based upon acoustic monitoring, (Caltrans, 2009). of the distances to the marine mammal discussed later, these levels are likely to sound thresholds were calculated for be lower). For the 120 dB isopleths, Distance to Sound Thresholds impact installation with the assumption sound fields produced would already be Pile driving generates underwater of a 10 dB reduction in source levels truncated by land in the Hood Canal, noise that can potentially result in from the use of sound attenuation which has a maximum line-of-sight disturbance to marine mammals in the devices, and the Navy used the distance from pile driving locations of project area. Please see the FR notice (76 mitigated distances for impact pile 13.8 km. That is, no increase in the size FR 79410; December 21, 2011) for a driving for all analysis in their of the actual 120 dB isopleths would detailed description of the calculations application. The Navy will require the occur with multiple vibratory rigs and information used to estimate contractors to employ a bubble curtain operating simultaneously, because those distances to relevant threshold levels. with proven performance of 10 dB isopleths as produced by a single rig are Transmission loss, or the decrease in attenuation and will require measures to already truncated by land (according to acoustic intensity as an acoustic ensure that the system is deployed predictions from proxy source levels pressure wave propagates out from a properly. and practical spreading loss—actual source, was estimated as so-called All calculated distances to and the isopleth distances are likely to be ‘‘practical spreading loss’’. This model total area encompassed by the marine smaller as shown from monitoring follows a geometric propagation loss mammal sound thresholds are provided results). If three similar vibratory pile based on the distance from the pile, in Table 2. The Navy used source values drivers operating simultaneously each

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had overlapping 180 dB isopleths, they properties of decibel addition. However, in 180 dB isopleths would occur, the would produce a combined SPL of since these drivers will actually be operation of multiple rigs will not result approximately 185 dB due to the separated in space such that no overlap in any changes to injury zones.

TABLE 2—CALCULATED DISTANCE(S) TO AND AREA ENCOMPASSED BY UNDERWATER MARINE MAMMAL SOUND THRESHOLDS DURING PILE INSTALLATION

Threshold Distance Area, km 2

Impact driving, pinniped injury (190 dB) ...... 4.9 m ...... <0.001 Impact driving, cetacean injury (180 dB) ...... 22 m ...... 0.002 Impact driving, disturbance (160 dB) 2 ...... 724 m ...... 1.65 Vibratory driving, pinniped injury (190 dB) ...... 2.1 m ...... <0.001 Vibratory driving, cetacean injury (180 dB) ...... 10 m ...... <0.001 Vibratory driving, disturbance (120 dB) ...... 13,800 m 3 ...... 41.4 (15.98) 1 SPLs used for calculations were: 185 dB for impact and 180 dB for vibratory driving. 2 Area of 160-dB zone presented for reference. Estimated incidental take calculated on basis of larger 120-dB zone. 3 Hood Canal average width at site is 2.4 km (1.5 mi), and is fetch limited from N to S at 20.3 km (12.6 mi). Calculated range (over 222 km) is greater than actual sound propagation through Hood Canal due to intervening land masses. 13.8 km (8.6 mi) is the greatest line-of-sight distance from pile driving locations unimpeded by land masses, which would block further propagation of sound.

Hood Canal does not represent open SPLs and their associated effects on located within the airborne harassment water, or free field, conditions. marine mammals that are likely to result radii. See Figure 6–2 of the Navy’s Therefore, sounds would attenuate as from pile driving at NBKB, studies with application for a depiction of the size of they encounter land masses or bends in similar properties to the Navy’s project, areas in which each airborne sound the canal. As a result, the calculated as described previously, were evaluated. threshold is predicted to occur at the distance and areas of impact for the 120 Based on in-situ recordings from project area due to pile driving. dB threshold cannot actually be attained similar construction activities, the at the project area. See Figure 6–1 of the maximum airborne sound levels that Acoustic Monitoring Navy’s application for a depiction of the would result from impact and vibratory size of areas in which each underwater pile driving are estimated to be 97 dB In 2011, the Navy conducted acoustic sound threshold is predicted to occur at rms re 20 mPa at 160 m and 97 dB rms monitoring as required by IHAs for the project area due to pile driving. re 20 mPa at 13 m, respectively repair work conducted at the existing Pile driving can generate airborne (Blackwell et al., 2004; Laughlin, EHW (EHW–1) (76 FR 30130; May 24, sound that could potentially result in 2010b). The Navy has analyzed the 2011) and for a test pile project (76 FR disturbance to marine mammals combined sound field produced under 25408; June 30, 2011) conducted in (specifically, pinnipeds) which are the multi-rig scenario and calculated the order to obtain geotechnical data in hauled out or at the water’s surface. As radial distances to the 90 and 100 dB advance of the EHW–2 project. The two a result, the Navy analyzed the potential airborne thresholds as 361 m and 114 m, projects together involved impact for pinnipeds hauled out or swimming respectively, equating to areas of 0.41 driving of 24- to 48-in piles, vibratory at the surface near NBKB to be exposed km2 and 0.04 km2, respectively. These installation of 16- to 48-in piles, and to airborne SPLs that could result in distances are predicted to be vibratory removal of 12- to 48-in piles. Level B behavioral harassment. A significantly less for the vibratory driver All piles were steel pipe piles. Primary spherical spreading loss model (i.e., 6 alone, approximately 28 m (92 ft) and 9 objectives for the acoustic monitoring dB reduction in sound level for each m (30 ft), respectively. were to characterize underwater and All airborne distances are less than doubling of distance from the source), in airborne source levels for each pile size which there is a perfectly unobstructed those calculated for underwater sound and hammer type and to verify (free-field) environment not limited by thresholds. Protective measures will be distances to relevant threshold levels by depth or water surface, is appropriate in place out to the distances calculated for use with airborne sound and was for the underwater thresholds, and the characterizing site-specific transmission used to estimate the distance to the distances for the airborne thresholds loss. Secondary objectives included airborne thresholds. will be covered fully by mitigation and testing the effective attenuation As was discussed for underwater monitoring measures in place for performance for use of a bubble curtain sound from pile driving, the intensity of underwater sound thresholds. and investigation of SPLs produced pile driving sounds is greatly influenced Construction sound associated with the during soft starts. Select results are by factors such as the type of piles, project is not predicted to extend reproduced here; the interested reader hammers, and the physical environment beyond the buffer zone for underwater may find the entire reports posted at in which the activity takes place. In sound that will be established to protect http://www.nmfs.noaa.gov/pr/permits/ order to determine reasonable airborne pinnipeds. No haul-outs or rookeries are incidental.htm. TABLE 3—ACOUSTIC MONITORING RESULTS FROM 2011 ACTIVITIES AT NBKB

Underwater Airborne Distances to threshold (m) 7 Pile 1 2 size (in) Hammer type n RL 3 SD 4 TL 5 RL 6 SD 190 180 160 120 100 90

24 ...... Impact ...... 1 (2) 174 0.7 13.2 89 n/a <10 <10 108 n/a 47 150 36 ...... Impact ...... 10 (17)/9 182 5.7 16.4 92 2.3 <10 28 398 n/a 48 150 48 ...... Impact ...... 4 (8) 187 4.4 13.4 91 2.1 <10/15 40 1,180 n/a 34 108 24 ...... Vibratory ...... 4 (7)/2 164 5.0 17.4 91 1.4 ...... n/a 2,635 14 45 36 ...... Vibratory (I) ...... 23 (42)/30 162 4.3 15.1 93 2.9 ...... n/a 6,082 20 64 36 ...... Vibratory (R) ...... 21 (36) 157 4.5

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TABLE 3—ACOUSTIC MONITORING RESULTS FROM 2011 ACTIVITIES AT NBKB—Continued

Underwater Airborne Distances to threshold (m) 7 Pile 1 2 size (in) Hammer type n RL 3 SD 4 TL 5 RL 6 SD 190 180 160 120 100 90

48 ...... Vibratory (I) ...... 7 (14)/11 163 5.1 16.3 94 3.2 ...... n/a 5,046 24 75 48 ...... Vibratory (R) ...... 8 (15) 155 4.5 ...... 12 ...... Vibratory (R) ...... 6 (4) 8 160 2.4 16.5 ...... n/a 5,375 22 69 16 ...... Vibratory (I) ...... 8 (16) 159 4.7 ...... n/a 30 ...... Vibratory (I) ...... 44 (87) 165 4.5 ...... n/a 44 138 1 For vibratory hammer, I = installation and R = removal. Because of limited sample size for 24-in piles, all events were combined. All data for impact driving include use of bubble curtain. 2 n = sample size, or number of measured pile driving events. For categories where two numbers are listed, sample size was different for underwater and airborne measurements. For underwater, each event may have up to two measurements because two hydrophones were deployed at different depths; however, both hydro- phones did not produce usable data for all events. For airborne events, each event represents a single measurement. Information is presented as follows: # under- water events measured (total # measurements; maximum would be twice the total # events)/# airborne events measured (if different). 3 Received level at 10 m, presented in dB re: 1 μPa rms. 4 Standard deviation. 5 Transmission loss (log10). Mean TL calculations for vibratory driving were not separated by I/R. A single mean TL value was calculated for 12/16/30-in piles. 6 Received level at 15 m, presented in dB re: 20 μPa rms. Airborne measurements were combined for I/R events, as no difference in airborne SPLs would be ex- pected. No near-source measurements were conducted for 12/16/30-in piles. 7 Indicated thresholds are in dB rms and correspond with those described previously under Description of Sound Sources and Distances to Thresholds. Combined values for mean distance to threshold were calculated for I/R events and for airborne sound. Values were calculated using interpolated TL values and SPL measure- ments at multiple distances from the source. A dash indicates that mean source level was below the relevant threshold. For impact driving of 48-in piles, mean dis- tance to the 190 dB threshold was calculated as being <10 m for measurements taken at the mid-depth hydrophone and 15 m for measurements taken at the deep hydrophone. For all others, mean of the mean values taken at mid-depth and deep hydrophone is presented. 8 These six events were measured in two episodes; i.e., three separate events were measured to provide a mean in each of two episodes.

Comparison of Predictions and likely to be significantly smaller than Comment 1: The Commission Measurements predicted as the largest observed mean recommends that we require the Navy to The project activities involve impact distance to threshold was 6,082 m for measure in-air sound levels as a driving of 24- to 48-in steel piles and 36-in piles. function of distance from the vibratory vibratory driving of 18- to 48-in steel Mean distances to airborne thresholds and impact hammers and make piles. As shown by the empirical data were smaller than those predicted for concurrent observations of marine collected during 2011 activities, the the multi-rig pile driving scenario. mammal behavioral responses to in-air proxy value selected for impact driving Observed distances for 2011 activities sound produced by pile driving and (185 dB for impact driving with use of were smaller than the least distance to removal activities. bubble curtain) is generally accurate, an available haul-out area. However, Response: We concur with the although SPLs from driving of 48-in regardless of actual distance to Commission’s recommendation. As piles may be somewhat louder than threshold, it is likely that any animal originally proposed, the Navy will expected. This may be because data exposed to airborne sound that may measure airborne sound levels show that realized performance from the result in behavioral harassment would associated with representative scenarios bubble curtain may be somewhat less also be exposed to underwater sound of project activities. The specifics of the than the expected 10 dB, although above behavioral harassment thresholds, monitoring protocol are described in testing performed in 2011 was likely even if hauled-out during pile removal detail in the Navy’s Acoustic inadequate due to restrictions on the activity. We recognize that swimming Monitoring Plan. The Navy will make number of unattenuated pile strikes. No pinnipeds may be exposed to airborne concurrent observations of behavioral further testing will be performed sound that may cause behavioral reactions and, if possible, relate these to because of similar restrictions placed on harassment if they raise their heads approximate received levels of sound in impact pile driving by the USFWS due above water within the relevant zone; order to better understand what levels of to potential impacts to the marbled however, for purposes of take estimation sound might result in behavioral murrelet, an ESA-listed bird species. these are accounted for through harassment given the context present at The selected proxy value for vibratory estimation of incidental take resulting the time of the observation. The driving (180 dB) appears to be very from underwater sound. An animal is Commission also notes that they would conservative, with the highest SPLs considered to be ‘available’ for welcome the opportunity to consult recorded for vibratory driving being 165 incidental take by behavioral with us to (1) identify the types of dB at 10 m. Site-specific propagation harassment only once per 24-hour activities that have the potential to take loss appears to be generally greater than period, regardless of source. marine mammals by exposure to in-air sounds, (2) determine the best scientific practical spreading loss, although the Comments and Responses values are variable and sometimes less basis for identifying exposure than practical spreading. We published a notice of receipt of thresholds of concern, and (3) develop Impact driving is unlikely to exceed the Navy’s application and proposed research strategies for gathering the the injury threshold for pinnipeds (190 IHA in the Federal Register on information needed to set more reliable dB rms) at 10 m. The mean received December 21, 2011 (76 FR 79410). thresholds. We look forward to working level at 10 m for 36-in piles was 182 dB NMFS received comments from the with the Commission to better rms, while the mean for 48-in piles was Marine Mammal Commission understand these issues. 187 dB rms (with measurements from (Commission). The Commission’s The Commission also encourages us only four events). Vibratory driving is comments, and our responses, are to simply specify that the authorized not likely to produce sound levels provided here. We have determined that number of takes of pinnipeds by Level exceeding the thresholds for Level A the mitigation measures described here B harassment, although based upon the harassment (i.e., 180/190 dB rms). The will effect the least practicable impact predicted footprint of underwater actual distance to the 120 dB rms on the species or stocks and their sound, could occur by exposure to behavioral harassment threshold is habitats. underwater and/or airborne sound when

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the animals are within an area that is percent may potentially be exposed to analytical results (i.e., sound levels as a ensonified to both 160 dB or 120 dB underwater sound. There are no existing function of distance) within an underwater (pulsed/non-pulsed sounds, data that would indicate that the additional 15 days; if the Navy is unable respectively) and 90/100 dB in-air proportion of individuals entering the to meet the 15-day analysis deadline, (harbor seals and other pinnipeds, water within the predicted area of effect then require the Navy to use maximum respectively), rather than attempting to during pile driving would be distances to the Level A harassment predict these takes separately. We agree dramatically larger than 35 percent; thresholds of 190 dB re 1 mPa (i.e., 20 with that recommendation, and reflect thus, the Commission’s suggestion that m for 36- and 48-in piles) and 180 dB the recommendation in our amendment 100 percent of the population be used re 1 mPa (i.e., 200 m for 36-in and 120 of the take authorization. Pinnipeds, to estimate density would likely result m for 48-in piles) from the test pile whether hauled-out or looking with in a gross exaggeration of potential take. program until the in-situ sound head above water in the project vicinity, In addition, there are a number of measurement data have been analyzed may be exposed to both airborne and factors indicating that the density we and the distances to thresholds verified underwater sound levels that could used should not result in an for EHW–2. cause behavioral reactions indicating underestimate of take. Hauled-out Response: Because of difficulties harassment. We consider exposure of harbor seals are necessarily at haul-outs, implementing similar measures required the same individual to different stimuli and no significant harbor seal haul-outs under previous IHAs issued for that may potentially result in are located within or near the action activities conducted in 2011, which we harassment—whether airborne or area. Harbor seals observed in the have discussed at length with the Navy, underwater sound or pulsed or non- vicinity of the NBKB shoreline are we have determined that a requirement pulsed sound—within the same 24-hour rarely hauled-out (for example, in to adjust zones within 15 days of the period to be a single incidence of take. formal surveys during 2007–08, completion of a 30-day acoustic Comment 2: The Commission approximately 86 percent of observed monitoring period is impracticable in recommends that we require the Navy to seals were swimming), and when this situation. The Commission cites re-estimate the number of in-water and hauled-out, they do so opportunistically two projects in which adjustment of in-air takes using the overall density of (i.e., on floating booms rather than zones are required within a short harbor seals in Hood Canal (i.e., 3.74 established haul-outs). Harbor seals are 2 timeframe; however, we do not believe animals/km ) or to use a different typically unsuited for using manmade that these projects offer comparable density estimate if monitoring data haul-outs at NBKB, which are used by context as they are in a more sensitive indicate one that is appropriate. sea lions. Primary harbor seal haul-outs environment (the Arctic) and are for Response: We disagree with the in Hood Canal are located at significant activity with a larger footprint of more Commission’s recommendation and feel distance (20 km or more) from the intense effect (seismic surveys). Given that the density estimate used for action area in Dabob Bay or further that the Navy is unable to meet the 15- estimating potential incidental take is south (see Figure 4–1 in the Navy’s day analysis deadline recommended by sufficiently conservative. As described application), meaning that animals the Commission, we partially accept the in greater detail in the FR notice of casually entering the water from haul- Commission’s alternative proposed authorization (76 FR 79410; outs or flushing due to some recommendation to use maximum December 21, 2011), the Navy’s density disturbance at those locations would not distances to Level A harassment estimate relies on work showing that, of likely be exposed to underwater sound an estimated 1,088 seals resident to the from the project; rather, only those thresholds from empirical Hood Canal, approximately 35 percent animals embarking on foraging trips and measurements completed in 2011. We will be in the water at any given time entering the action area may be exposed. will require the Navy to implement a 20 (Huber et al., 2001; Jeffries et al., 2003), Moreover, because the Navy is unable to m shutdown zone around all pile producing a density estimate of 1.31 determine from field observations driving for pinnipeds, but will require seals/km2. The Commission contends whether the same or different only an 85 m shutdown zone for that this will result in an underestimate individuals are being exposed, each cetaceans. The rationale for this of take, because essentially all of the observation will be recorded as a new reduction from the recommendation is seals may enter the water over the take, although an individual described in detail under the matter of hours during which pile theoretically would only be considered ‘‘Mitigation’’ section, later in this driving may occur in a day. It is possible as taken once in a given day. document. However, although unable to that greater than 35 percent of seals There are two final factors that meet the recommended 15-day analysis could enter the water during the course support the conservatism of the 1.31 timeframe, the Navy (in addition to of pile driving activity. However, density estimate: (1) Limited surveys implementing the precautionary zones remembering that the population conducted during construction in Hood described here) will complete analysis estimate of 1,088 seals represents the Canal during off days in 2011 produced of acoustic monitoring data and adjust entirety of Hood Canal (291 km2 vs. the an uncorrected density estimate of zones as necessary no later than 90 days 41.4 km2 predicted area of effect), it is approximately 0.55 seals/km2; and (2) following the completion of the acoustic unlikely that all of these animals would although authorized to incidentally take monitoring period. be exposed to elevated levels of sound 1,668 seals (corrected for actual number Comment 4: The Commission from the project, even over the course of of pile driving days) during two projects recommends that we require the Navy to multiple days. No data exist regarding conducted in Hood Canal in 2011, the conduct in-situ sound measurements if fine-scale harbor seal movements within total estimate of actual take (observed and when vibratory hammers are used the project area on time durations of less takes and observations extrapolated to concurrently and to use that information than a day, thus precluding an unobserved area) was only 187 seals. to ensure that it (1) expands assessment of ingress or egress of Comment 3: The Commission appropriately the size of the Level B different animals through the action recommends that we require the Navy to harassment zone for in-water sounds, (2) area. As such, it is impossible, given measure in-situ sound levels for 30 days monitors the entire expanded zone, and available data, to determine exactly after the initiation of major pile-driving (3) estimates the resulting number of what number of individuals above 35 scenarios and then provide the takes accurately.

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Response: As originally proposed, the ensures it will be able to detect and determination that the harassment Navy will be required to conduct characterize marine mammal responses incidental to a specified activity will acoustic monitoring for representative to the pile driving and removal have a negligible impact on the affected pile driving scenarios, including the activities as a function of sound levels species or stocks of marine mammals, multi-rig scenario (simultaneous use of and distance from the pile driving and and will not result in an unmitigable three vibratory and one impact rig) removal sites. adverse impact on the availability of comprising the maximum production of Response: We believe that the Navy, marine mammals for taking for sound. These data will enable in consultation with NMFS, has subsistence uses. Neither the MMPA nor understanding of the size of the actual developed such a strategy. The NMFS’ implementing regulations Level B harassment zone which, in Commission states that the goal is not specify how to consider other activities concert with observational data, will simply to employ a strategy that ensures and their impacts on the same produce a record of actual incidental monitoring out to a certain distance, but populations. However, consistent with take. As described frequently, it is not rather to employ a strategy that provides the 1989 preamble for NMFS’ practicable for the Navy to monitor the the information necessary to determine implementing regulations (54 FR 40338; entire Level B harassment zone. if the construction activities have September 29, 1989), the impacts from However, although the size of the Level adverse effects on marine mammals and other past and ongoing anthropogenic B harassment zone may fluctuate based to describe the nature and extent of activities are incorporated into the on the number of drivers in use if the those effects. We agree with that negligible impact analysis via their zone is in fact smaller than the statement, and note that the Navy does impacts on the environmental baseline predicted zone, it is not possible for the not simply monitor within defined (e.g., as reflected in the density/ predicted zone to grow as it is defined zones, ignoring occurrences outside distribution and status of the species, not by the predicted sound pressure those zones. The mitigation strategy is population size and growth rate, and levels but by the contours of the Hood designed to implement shutdown of ambient noise). Canal shoreline. The properties of activity only for marine mammal In addition, cumulative effects were decibel addition and the way that occurrence within designated zones, but addressed in the Navy’s Environmental addition of multiple driving rigs is all observations of marine mammals, Impact Statement and in the biological likely to affect the sound field were and any observed behavior, whether opinion prepared for this action. These described in greater detail earlier in this construed as a reaction to project documents, as well as the relevant Stock document, under ‘‘Distance to Sound activity or not, are recorded, regardless Assessment Reports, are part of NMFS’ Thresholds’’. of distance to project activity. This Administrative Record for this action, Comment 5: The Commission information is coupled with acoustic and provided the decision-maker with recommends that we require the Navy to monitoring data (i.e., sound levels information regarding other activities in implement soft-start procedures after 15 recorded at multiple defined distances the action area that affect marine minutes if pile driving or removal was from the activity) to draw conclusions mammals, an analysis of cumulative delayed or shut down because of the about the impact of the activity on impacts, and other information relevant presence of a marine mammal within or marine mammals. Additionally, the to the determination made under the approaching the shutdown zone. larger monitoring effort conducted by MMPA. Response: We disagree with this the Navy in deeper waters of Hood Comment 8: The Commission recommendation. The Commission cites Canal during their 2011 project recommends that we encourage the several reasons why pinnipeds may monitoring was an important piece of Navy to combine future requests for remain in a shutdown zone after the Navy’s overall monitoring strategy incidental harassment authorizations for shutdown and yet be undetected by for the ongoing suite of actions at NBKB all activities that would occur in the observers during the 15 minute and may reasonably be used as a same general area and within the same clearance period (e.g., perception and reference for the current activities. year rather than segmenting those availability bias). While this is possible Using that information, as well as the activities and their associated impacts in theory, we find it extremely unlikely results of a more limited deep-water by requesting separate authorizations. that an animal could remain undetected component of the monitoring program Response: We agree with the in such a small zone and under typical for 2012, we can gain an acceptable Commission’s recommendation and conditions in Hood Canal. The understanding of marine mammal have encouraged the Navy to do so. shutdown zone for pinnipeds has a occurrence and behavior within the Comment 9: The Commission 20 m radial distance, while typical Level B harassment zone in deeper recommends that we adopt a policy to observation conditions in the Hood waters beyond the waterfront restricted provide an additional opportunity for Canal are excellent. We believe the area, which is intensively monitored. It public review and comment before possibility of a pinniped remaining is unclear what aspects of the amending authorizations if any undetected in the shutdown zone, in monitoring goals or strategy the substantive changes are made to them relatively shallow water, for greater than Commission deems inadequate. after they have been issued or if the 15 minutes is discountable. A Comment 7: The Commission information on which a negligible requirement to implement soft start after recommends that we complete an impact determination is based is every shutdown or delay less than 30 analysis of the impact of the proposed significantly changed in a way that minutes in duration would be activities together with the cumulative indicates the likelihood of an increased impracticable, resulting in significant impacts of all the other pertinent risk level of taking or impacts not originally construction delays and therefore factors (including but not limited to the considered. extending the overall time required for Navy’s concurrent EHW–1 repair Response: We disagree with the the project, and thus the number of days project) impacting marine mammals in Commission’s contention that the on which disturbance of marine the Hood Canal area prior to issuing the referenced IHA modifications mammals could occur. proposed incidental harassment constituted a substantive change. The Comment 6: The Commission authorization. modifications involved small increases recommends that we require the Navy to Response: Section 101(a)(5)(D) of the to the amount of incidental take of develop a monitoring strategy that MMPA requires NMFS to make a harbor porpoise authorized for two

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projects conducted in 2011 at NBKB in humpback whale is provided here, as commercial whaling. This protection response to new information about the recent sighting of an individual of was transferred to the ESA in 1973. harbor porpoise occurrence and habitat that species occurred after the FR notice Because of this listing, it is therefore use at NBKB. In our findings for the was published. designated as depleted and classified as referenced modification, we determined a strategic stock under the MMPA. The Humpback Whale that authorization of the incidental recovery plan for humpback whales was taking, by Level B harassment only, of Species Description—The humpback finalized in November 1991 (NMFS, increased numbers of harbor porpoise whale is a baleen whale, and a member 1991). Critical habitat has not been did not alter the original scope of of the Balaenopterid family (rorquals), designated for this species. activity analyzed, the monitoring and with a worldwide distribution in all Humpback whales are increasing in mitigation measures implemented, or ocean basins. Similar to all baleen abundance through much of their range, the impact analysis in a manner that whales, adult females are larger than including the CA/OR/WA stock. In the materially affected the basis for our adult males, reaching lengths of up to 60 North Pacific, humpback abundance original findings. The increased level of ft (18 m). Their body coloration is was estimated at fewer than 1,400 authorized take for harbor porpoise primarily dark grey, but individuals whales in 1966, after heavy commercial remained a small number, by any have a variable amount of white on their exploitation. The current abundance definition of that term. The Inland pectoral fins and belly. This variation is estimate for the North Pacific is about Washington stock of harbor porpoise is so distinctive that the pigmentation 20,000 whales in total. Carretta et al. not listed under the ESA, nor is it pattern on the undersides of their flukes (2011) reported the best estimate for the considered depleted or designated as a is used to identify individual whales. CA/OR/WA stock as 2,043 individuals, strategic stock under the MMPA. The Humpback whales are known for their based on mark-recapture estimates by increase in takings was considered long pectoral fins, which can be up to Calambokidis et al. (2009). However, negligible in comparison with the 15 ft (4.6 m) in length and provide this estimate excludes some whales in overall population of the stock. The significant maneuverability. In the Washington. Population trends from modifications reflected a more complete summer, most humpback whales are mark-recapture estimates have shown understanding of harbor porpoise found in high latitude or highly an overall long-term increase of presence and use of habitat in the Hood biologically productive feeding grounds. approximately 7.5 percent per year for Canal, but constituted a negligible In the winter, they congregate in the CA/OR/WA stock (Calambokidis, increase in impacts to the stock. We subtropical or tropical waters for 2009). believe that those modifications were mating. Distribution—The worldwide within the scope of analysis supporting In the North Pacific, there are at least population of humpback whales is the determinations for the original IHAs, three separate populations: (1) CA/OR/ divided into various northern and and that those original findings WA stock, which winters in coastal southern ocean populations remained valid. Nevertheless, we thank Central America and Mexico and (Mackintosh, 1965). Geographical the Commission for the migrates to areas ranging from the coast overlap of these populations has been recommendation and will consider it in of California to southern British documented only off Central America the future for situations where Columbia in summer/fall; (2) Central (Acevedo and Smultea, 1995; substantive changes are required. North Pacific stock, which winters in Rasmussen et al., 2004, 2007). The the Hawaiian Islands and migrates to humpback whale is one of the most Description of Marine Mammals in the northern British Columbia/Southeast abundant cetaceans off the Pacific coast Area of the Specified Activity Alaska and Prince William Sound west of Costa Rica during the winter breeding There are seven marine mammal to Kodiak; and (3) Western North Pacific season of northern hemisphere species, four cetaceans and three stock, which winters near Japan and humpbacks. pinnipeds, which may inhabit or transit probably migrates to waters west of the Humpback whales were one of the through the waters nearby NBKB in the Kodiak Archipelago (the Bering Sea and most common large cetaceans in the Hood Canal. These include the transient Aleutian Islands) in summer/fall. inland waters of Washington prior to the killer whale, harbor porpoise, Dall’s Though there is some mixing between early 1900s (Scheffer and Slipp, 1948). porpoise, Steller sea lion, California sea these populations, they are considered However, sightings became infrequent lion, harbor seal, and humpback whale. distinct stocks. The stock structure of in Puget Sound and the Georgia Basin While the Southern Resident killer humpback whales is defined based on through the late 1990s, and prior to whale is resident to the inland waters of feeding areas, as distinct populations 2003 the presence of only three Washington and British Columbia, it has have a high degree of fidelity to specific individual humpback whales was not been observed in the Hood Canal in feeding areas. Humpback whales found confirmed (Falcone et al., 2005). over 15 years, and therefore was in inland Washington waters are However, in 2003 and 2004, thirteen excluded from further analysis. The members of the CA/OR/WA stock. individuals were sighted in the inland Steller sea lion and humpback whale are Carretta et al. (2011) described distinct waters of Washington, mainly during the only marine mammals that may feeding populations in the eastern the fall (Falcone et al., 2005). Records occur within the Hood Canal that are Pacific, and the waters off northern available for 2001 to 2011 include listed under the ESA; the humpback Washington may be an area of mixing observations in the Strait of Juan de whale is listed as endangered and the between the CA/OR/WA stock and Fuca; the Gulf Islands and the vicinity eastern distinct population segment British Columbia/Alaska whales, or of Victoria, British Columbia; Admiralty (DPS) of Steller sea lion is listed as whales in northern Washington and Inlet; the San Juan Islands; and Puget threatened. All marine mammal species southern British Columbia may be a Sound (Orca Network, 2012). are protected under the MMPA. The FR distinct feeding population and a In Hood Canal, several humpback notice (76 FR 79410; December 21, separate stock. whale sightings were recorded 2011) summarizes the population status Status—Humpback whales were beginning on January 27, 2012 (Orca and abundance of these species and listed as endangered under the Network, 2012). Review of the sightings provides detailed life history Endangered Species Preservation Act of information indicates the sightings are information. A description of the 1966 because of declines due to of a single individual. The last reported

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sighting was on February 17, 2012, and Humpback whales are often sighted issue associated with the proposed the individual has almost certainly singly or in groups of two or three, but activity would be temporarily elevated departed the Hood Canal. Prior to these while on breeding and feeding grounds sound levels and the associated direct sightings, there have been no confirmed they may occur in groups larger than effects on marine mammals, as reports of humpback whales entering twenty (Leatherwood and Reeves, 1983; discussed previously in this document. Hood Canal (Calambokidis, 2012). No Jefferson et al., 2008). The diving The most likely impact to marine other reports of humpback whales in the behavior of humpback whales is related mammal habitat occurs from pile Hood Canal were found in the Orca to time of year and whale activity driving effects on likely marine mammal Network database, the scientific (Clapham and Mead, 1999). In summer prey (i.e., fish) near NBKB and minor literature, or agency reports. feeding areas, humpbacks typically impacts to the immediate substrate Construction of the Hood Canal Bridge forage in the upper 120 m of the water during construction activity associated occurred in 1961 and could have column, with a maximum recorded dive with the EHW–2 project. The FR notice contributed to the lack of historical depth of 500 m (Dolphin, 1987; Dietz et (76 FR 79410; December 21, 2011) sightings (Calambokidis, 2010). Only a al., 2002). On winter breeding grounds, describes these potential impacts in few records of humpback whales near humpback dives have been recorded at greater detail. Hood Canal are in the Orca Network depths greater than 100 m (Baird et al., Mitigation database, but these are north of the 2000). The CA/OR/WA stock winters in Hood Canal Bridge. coastal Central America and Mexico, In order to issue an incidental take Behavior and Ecology—Humpback and the stock migrates to areas ranging authorization (ITA) under Section whales travel great distances during from the coast of California to southern 101(a)(5)(D) of the MMPA, we must, their seasonal migrations from high British Columbia in summer and fall. where applicable, set forth the latitude feeding grounds to tropical and Acoustics—Humpback whales, like all permissible methods of taking pursuant subtropical breeding grounds. One of baleen whales, are considered low- to such activity, and other means of the more closely studied routes is frequency cetaceans. Functional hearing effecting the least practicable impact on between Alaska and Hawaii, where for low-frequency cetaceans is estimated such species or stock and its habitat, humpbacks have been observed making to range from 7 Hz to 22 kHz (Southall paying particular attention to rookeries, the 3,000 mi (4,830 km) trip in as few et al., 2007). During the winter breeding mating grounds, and areas of similar as 36 days. During the summer months, season, males sing complex songs that significance, and on the availability of humpbacks spend the majority of their can last up to 20 minutes and be heard such species or stock for taking for time feeding and building up fat at great distance, and may sing for certain subsistence uses (where reserves (blubber) that they will live off hours, repeating the song several times. relevant). of during the winter breeding season. All males in a population sing the same A combination of predictions—based Humpbacks filter feed on tiny song, but that song continually evolves on proxy values and practical spreading crustaceans (mostly krill), plankton, and over time. loss—and measured values for zones of small fish and are known to consume up influence (ZOIs; see ‘‘Estimated Take by Potential Effects of the Specified to 3,000 lb (1,360 kg) of food per day. Incidental Harassment’’) were used to Activity on Marine Mammals Several hunting methods involve using develop mitigation measures for pile air bubbles to herd, corral, or disorient We have determined that pile driving, driving activities at NBKB. The ZOIs fish. One highly complex variant, called as outlined in the project description, effectively represent the mitigation zone bubble netting, is unique to humpbacks has the potential to result in behavioral that would be established around each and is often performed in groups with harassment of marine mammals that pile to prevent Level A harassment to defined roles for distracting, scaring, may be present in the project vicinity marine mammals, while providing and herding before whales lunge at prey while construction activity is being estimates of the areas within which corralled near the surface. While on conducted. Pile driving could Level B harassment might occur. In their winter breeding grounds, potentially harass those pinnipeds that addition to the measures described later humpback whales congregate and are in the water close to the project site, in this section, the Navy would employ engage in mating activities. Humpbacks whether exposed to airborne or the following standard mitigation are generally polygynous, with males underwater sound. The FR notice (76 FR measures: exhibiting competitive behavior 79410; December 21, 2011) provides a (a) Conduct briefings between including aggressive and antagonistic detailed description of marine mammal construction supervisors and crews, displays. Breeding usually occurs once hearing and of the potential effects of marine mammal monitoring team, every 2 years, but sometimes occurs these construction activities on marine acoustical monitoring team, and Navy twice in 3 years. mammals. staff prior to the start of all pile driving Although the humpback whale is activity, and when new personnel join Anticipated Effects on Habitat considered a primarily coastal species, the work, in order to explain it often traverses deep pelagic areas The proposed activities at NBKB responsibilities, communication while migrating (Clapham and Mattila, would not result in permanent impacts procedures, marine mammal monitoring 1990; Norris et al., 1999; Calambokidis to habitats used directly by marine protocol, and operational procedures. et al., 2001). During migration, mammals, such as haul-out sites, but (b) Comply with applicable humpbacks stay near the surface of the may have potential short-term impacts equipment sound standards and ensure ocean, and tend to generally prefer to food sources such as forage fish and that all construction equipment has shallow waters. During calving, salmonids. There are no rookeries or sound control devices no less effective humpbacks are usually found in the major haul-out sites within 10 km (6.2 than those provided on the original warmest waters available at that mi), foraging hotspots, or other ocean equipment. latitude. Calving grounds are commonly bottom structures of significant (c) For in-water heavy machinery near offshore reef systems, islands, or biological importance to marine work other than pile driving, if a marine continental shores. Humpback feeding mammals that may be present in the mammal comes within 10 m, operations grounds are in cold, productive coastal marine waters in the vicinity of the shall cease and vessels shall reduce waters. project area. Therefore, the main impact speed to the minimum level required to

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maintain steerage and safe working WRA because of the physical presence with any such large action area, it is conditions. This type of work could of the PSB, the lack of attraction to impossible to guarantee that all animals include the following activities: (1) shallower-water habitats, or another would be observed or to make Movement of the barge to the pile reason. For impact pile driving, the comprehensive observations of fine- location; (2) positioning of the pile on mean of all data points is approximately scale behavioral reactions to sound. the substrate via a crane (i.e., stabbing 64 m to threshold; however, the When the size of a disturbance zone the pile); (3) removal of the pile from maximum value recorded was 200 m. is sufficiently large as to make the water column/substrate via a crane While it may be argued that a monitoring of the entire area (i.e., deadpull); or (4) the placement of precautionary approach similar to that impracticable (as in the case of the zone sound attenuation devices around the employed for the 190-dB zone is for vibratory pile driving, predicted to piles. For these activities, monitoring warranted, in which the shutdown zone encompass an area of 41.4 km2), the would take place from 15 minutes prior encompasses the largest measured disturbance zone may be defined as to initiation until the action is complete. value, it is our view that use of such a some area that may reasonably be large zone for cetaceans would distract monitored or, alternatively, is a de facto Monitoring and Shutdown for Pile zone defined by the distance that Driving from biological monitors’ primary task of ensuring that no pinnipeds (the only monitors are capable of observing from The following measures would apply animals expected to occur within the defined deployment locations. In this to the Navy’s mitigation through WRA) are exposed to sounds that may situation, the bulk of monitoring (as shutdown and disturbance zones: result in injury. As described described in the Navy’s Marine Mammal Shutdown Zone—For all pile driving previously, no cetaceans are expected— Monitoring Plan) will be focused within activities, the Navy will establish a and none have ever been observed—so the WRA and on the shutdown zones. shutdown zone intended to contain the close to the construction area. One observer will be designated area in which SPLs equal or exceed the Therefore, while some degree of specifically to monitor shutdown zones 180/190 dB rms acoustic injury criteria. precaution is warranted for cetaceans, for each active pile driving rig, with one The purpose of a shutdown zone is to the larger zone (200 m) would detract additional observer tasked with define an area within which shutdown from the Navy’s ability to effectively monitoring additional areas outside of of activity would occur upon sighting of mitigate the possibility of pinniped the shutdown zones but within the a marine mammal (or in anticipation of injury while conferring no additional WRA. It is unlikely that observers an animal entering the defined area), benefit on cetaceans. In order to stationed within the WRA will be able thus preventing injury, serious injury, or determine a reasonable shutdown zone to effectively monitor any area outside death of marine mammals. Predictions for cetaceans during impact pile driving, of the WRA, due to distance from the indicate (and empirical measurements observer as well as the physical generally confirm) that radial distances we examined the available data, which show two clusters at 20 m and under (9 presence of the PSB. However, during to the 190-dB threshold will typically be the period of acoustic monitoring, a less than 10 m for impact pile driving of 22 data points) and between 50–120 m (11 of 22 data points). The mean of vessel will be stationed outside of the or, in the case of vibratory pile driving, WRA and will carry a biological would not exist because source levels this second cluster is found at 85 m; this distance encompasses approximately 65 monitor. This period will occur for no are lower than the threshold. However, less than 30 days and is expected to shutdown zones for pinnipeds will percent of measurements. We emphasize again that establishment of provide verification of assumptions conservatively be set at a minimum 20 regarding the distribution and frequency this zone is intended only as a m during impact pile driving and 10 m of occurrence of animals in the deeper precautionary measure as no cetaceans during vibratory pile driving. For waters of Hood Canal that have been have been observed within the WRA. impact pile driving, the distance developed from literature, past corresponds with the largest distance to Disturbance Zone—Disturbance zones monitoring and reports, and marine the 190 dB threshold measured during are typically defined as the area in mammal monitoring conducted at 2011 acoustic monitoring. These which SPLs equal or exceed 160 or 120 NBKB in 2011. precautionary measures are intended to dB rms (for pulsed or non-pulsed sound, In order to document observed further reduce any possibility of injury respectively). Because the 120 dB zone incidences of harassment, monitors to pinnipeds by incorporating a buffer to would always subsume the 160 dB zone record all marine mammal observations, the 190-dB threshold within the under the multi-rig scenario considered regardless of location. The observer’s shutdown area. here, the 160 dB harassment zone is not location, as well as the location of the For cetaceans, the distance to the considered further. Disturbance zones pile being driven, is known from a GPS. shutdown zone corresponding to the provide utility for monitoring The location of the animal is estimated 180-dB threshold will be set at 85 m for conducted for mitigation purposes (i.e., as a distance from the observer, which impact pile driving and 10 m for shutdown zone monitoring) by is then compared to the location from vibratory pile driving. There is little risk establishing monitoring protocols for the pile. If acoustic monitoring is being of injury to cetaceans, as none have ever areas adjacent to the shutdown zones. conducted for that pile, a received SPL been observed entering the port security Monitoring of disturbance zones enables may be estimated, or the received level barrier (PSB) delineating the waterfront observers to be aware of and may be estimated on the basis of past or restricted area (WRA) at NBKB. communicate the presence of marine subsequent acoustic monitoring. It may Cetaceans are capable of passing mammals in the project area but outside then be determined whether the animal underneath this barrier, which lies at the shutdown zone and thus prepare for was exposed to sound levels variable distances from the construction potential shutdowns of activity. constituting incidental harassment in site but is approximately 500 m distant However, the primary purpose of post-processing of observational and in the direction of the deeper waters of disturbance zone monitoring is for acoustic data, and a precise accounting Hood Canal where cetaceans might be documenting incidents of Level B of observed incidences of harassment expected to occur, but have not been harassment; disturbance zone created. Therefore, although the observed to do so. It is unknown monitoring is discussed in greater detail predicted distances to behavioral whether cetaceans do not enter the later (see Monitoring and Reporting). As harassment thresholds are useful for

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estimating incidental harassment for discernment of moving targets at the shutdown zone or 15 minutes have purposes of authorizing levels of water’s surface with ability to estimate passed without re-detection of the incidental take, actual take may be target size and distance; use of animal. Monitoring will be conducted determined in part through the use of binoculars may be necessary to correctly throughout the time required to drive a empirical data. That information may identify the target; pile. Under certain construction then be used to extrapolate observed • Advanced education in biological circumstances where initiating the takes to reach an approximate science, wildlife management, shutdown and clearance procedures understanding of actual total takes. mammalogy, or related fields (bachelor’s would result in an imminent concern Monitoring Protocols—Monitoring degree or higher is required); for human safety, to be determined by would be conducted before, during, and • Experience and ability to conduct the on-site construction supervisor in after pile driving activities, with field observations and collect data consultation with the lead observer, the minimum 20 m/85 m shutdown zones according to assigned protocols (this shutdown provision may be waived. surrounding each pile for pinnipeds and may include academic experience); (4) All shutdown zones will be cetaceans, respectively. In addition, • Experience or training in the field established as described. However, in- observers shall record all incidences of identification of marine mammals, situ acoustic monitoring will be utilized marine mammal occurrence, regardless including the identification of to determine the actual distances to of distance from activity, and shall behaviors; these threshold zones, and the size of document any behavioral reactions in • Sufficient training, orientation, or the shutdown zones will be adjusted concert with distance from piles being experience with the construction accordingly based on received SPLs. We driven. Observations made outside the operation to provide for personal safety have determined that real-time shutdown zone will not result in during observations; adjustment of zones is impracticable, shutdown; that pile segment would be • Writing skills sufficient to prepare a considering the resources required to completed without cessation, unless the report of observations including but not implement such a measure, the nature animal approaches or enters the limited to the number and species of of the activity, and the existence of shutdown zone, at which point all pile marine mammals observed; dates and empirical data from 2011 acoustic driving activities would be halted. times when in-water construction monitoring upon which precautionary Please see the Marine Mammal activities were conducted; dates and zones may be based. Zones shall be Monitoring Plan (available at http:// times when in-water construction adjusted as necessary upon provision of www.nmfs.noaa.gov/pr/permits/ activities were suspended to avoid the draft acoustic monitoring report incidental.htm), developed by the Navy potential incidental injury from from contractors to the Navy, no later in agreement with us, for full details of construction sound of marine mammals than 90 days from the end of the the monitoring protocols. observed within a defined shutdown acoustic monitoring period. However, Detailed observations outside the zone; and marine mammal behavior; the precautionary shutdown zone WRA, as defined by the PSB, are likely and established for pinnipeds (i.e., 20 m) not possible, and it would be impossible • Ability to communicate orally, by would not be decreased. for the Navy to account for all radio or in person, with project individuals occurring within the full personnel to provide real-time Sound Attenuation Devices disturbance zone with any degree of information on marine mammals Bubble curtains shall be used during certainty. Monitoring will take place observed in the area as necessary. all impact pile driving. Testing of the from 15 minutes prior to initiation Trained observers will be placed at device, accomplished by comparing through 30 minutes post-completion of the best vantage point(s) practicable, as measurements of attenuated and pile driving activities. Pile driving defined in the Navy’s Marine Mammal unattenuated strikes, is not possible activities include the time to remove a Monitoring Plan, to monitor for marine because of requirements in place to single pile or series of piles, as long as mammals and implement shutdown or protect marbled murrelets (an ESA- the time elapsed between uses of the delay procedures when applicable by listed bird species under the jurisdiction pile driving equipment is no more than calling for the shutdown to the of the USFWS). In the absence of 30 minutes. equipment operator. testing, the Navy shall ensure, through The following additional measures (2) Prior to the start of pile driving whatever means possible (e.g., apply to visual monitoring: activity, the shutdown zone will be requirements in contract language (1) Monitoring will be conducted by monitored for 15 minutes to ensure that regarding the device selected for use qualified observers. A minimum of one it is clear of marine mammals. Pile and measures ensuring proper observer shall be employed to observe driving will only commence once deployment of the device), that the shutdown zones for each active pile observers have declared the shutdown device is capable of achieving mean driving rig, in addition to one observer zone clear of marine mammals; animals performance of 10 dB attenuation tasked with monitoring the area outside will be allowed to remain in the although a high degree of performance of the shutdown zones. For the multi-rig shutdown zone (i.e., must leave of their variability may be expected. scenario using three vibratory drivers own volition) and their behavior will be and one impact driver simultaneously, monitored and documented. The Timing Restrictions this would result in a minimum total of shutdown zone may only be declared The Navy has set timing restrictions five observers. In addition, at least one clear, and pile driving started, when the for pile driving activities to avoid in- observer shall be positioned on the entire shutdown zone is visible (i.e., water work when ESA-listed fish acoustic monitoring vessel outside the when not obscured by dark, rain, fog, populations are most likely to be WRA for as long as that vessel is etc.). present. The in-water work window for present, but for no less than 30 days. (3) If a marine mammal approaches or avoiding negative impacts to fish Qualified observers are trained enters the shutdown zone during the species is July 16–February 15. The biologists, with the following minimum course of pile driving operations, initial months (July to September) of the qualifications: activity will be halted and delayed until timing window overlap with times • Visual acuity in both eyes either the animal has voluntarily left when Steller sea lions are not expected (correction is permissible) sufficient for and been visually confirmed beyond the to be present within the project area and

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California sea lions may be expected to observers have specific knowledge of Acoustic Measurements be less numerous. marine mammal physiology, behavior, Within the first 30 days of pile and life history, which may improve Soft-Start driving, the Navy will capture a their ability to detect individuals or The use of a soft-start procedure is representative acoustic sample of the help determine if observed animals are major pile driving scenarios under the believed to provide additional exhibiting behavioral reactions to protection to marine mammals by modeled conditions (impact hammer construction activities. In addition, and vibratory driving, smaller [24-in to warning, or providing marine mammals conditions at NBKB—relatively calm a chance to leave the area prior to the 36-in] and larger [48-in] piles, plumb wind and sea conditions throughout hammer operating at full capacity. The and batter piles). All measurements will most of the year—are conducive to wharf construction project will utilize be made with the sound attenuation effective visual monitoring. soft-start techniques (ramp-up and dry measures discussed previously in place. fire) for impact and vibratory pile We have carefully evaluated the Maximum sound pressure levels, as driving. The soft-start requires applicant’s mitigation measures and well as approximate distances to contractors to initiate sound from considered a range of other measures in relevant thresholds, will be measured vibratory hammers for fifteen seconds at the context of ensuring that we and documented. Airborne acoustic reduced energy followed by a 30-second prescribe the means of effecting the least monitoring will also be conducted waiting period. This procedure is practicable impact on the affected during impact and vibratory pile repeated two additional times. For marine mammal species and stocks and driving. Acoustic monitoring will be impact driving, contractors will be their habitat. Our evaluation of potential conducted in accordance with the required to provide an initial set of three measures included consideration of the Acoustic Monitoring Plan developed by strikes from the impact hammer at 40 following factors in relation to one the Navy and approved by us. Please see percent energy, followed by a 30-second another: (1) The manner in which, and that plan, available at http:// waiting period, then two subsequent the degree to which, the successful www.nmfs.noaa.gov/pr/permits/ three strike sets. implementation of the measure is incidental.htm, for full details of the required acoustic monitoring. Daylight Construction expected to minimize adverse impacts to marine mammals; (2) the proven or Some details of the methodology Impact pile driving during the first likely efficacy of the specific measure to include: half of the in-water work window (July minimize adverse impacts as planned; • For underwater recordings, a 16 to September 15) would only occur and (3) the practicability of the measure stationary hydrophone system with the between 2 hours after sunrise and 2 for applicant implementation, including ability to measure SPLs at mid-water hours before sunset to protect breeding consideration of personnel safety, and depth and approximately 1 m from the marbled murrelets. Vibratory pile practicality of implementation. bottom, (taking tidal changes into driving and other construction activities Based on our evaluation of the account) will be placed at a distance of occurring in the water between July 16 10 m from the source. The hydrophone applicant’s proposed measures, as well and September 15 could occur during will be deployed so as to maintain a as other measures considered or daylight hours (sunrise to sunset). constant distance of 10 m from the pile. Between September 16 and February 15, recommended by NMFS biologists, the • For airborne recordings, reference construction activities occurring in the Navy, and the Commission, we have recordings will be attempted at water would occur during daylight determined that these mitigation approximately 50 ft (15.2 m) from the hours (sunrise to sunset). measures provide the means of effecting the least practicable impact on marine source via a stationary hydrophone. Mitigation Effectiveness mammal species or stocks and their However, other distances may be utilized to obtain better data if the pile It should be recognized that although habitat, paying particular attention to driving signal cannot be isolated clearly marine mammals would be protected rookeries, mating grounds, and areas of due to other sound sources (e.g., barges from Level A harassment by the similar significance. utilization of a bubble curtain and or generators). The best professional monitoring of the near-field injury Monitoring and Reporting judgment of the contractor employed to zones, monitoring is not likely to be 100 implement the monitoring will be In order to issue an ITA for an percent effective at all times in locating sufficient to ensure the monitoring activity, section 101(a)(5)(D) of the marine mammals in the waters objectives are achieved. surrounding the shutdown zone and MMPA states that we must, where • Each hydrophone (underwater) and may not be 100 percent effective in applicable, set forth ‘‘requirements microphone (airborne) will be calibrated detecting animals even within the pertaining to the monitoring and prior to the start of the action and will shutdown zone. The efficacy of visual reporting of such taking’’. The MMPA be checked at the beginning of each day detection depends on several factors implementing regulations at 50 CFR of monitoring activity. Unattended including the observer’s ability to detect 216.104(a)(13) indicate that requests for hydrophones located in the far-field will the animal, the environmental ITAs must include the suggested means be checked regularly to ensure that conditions (visibility and sea state), the of accomplishing the necessary equipment failure or other technical behavior and depth of the animal, and monitoring and reporting that would difficulty, such as strumming, does not monitoring platforms. result in increased knowledge of the render measurements unusable. Other All observers employed for mitigation species and of the level of taking or hydrophones and microphones would activities would be experienced impacts on populations of marine be placed at other distances and/or biologists with training in marine mammals that are expected to be depths and moved as necessary to mammal detection and behavior. Based present in the proposed action area. determine the distance to the thresholds on the specialized training required of Please see the Navy’s Marine Mammal for marine mammals. At a minimum, observers and the small shutdown and Acoustic Monitoring Plans for full one attended platform will be located in zones, we expect that visual mitigation details of the requirements for the far-field (i.e., outside the WRA) for will be highly effective. Trained monitoring and reporting. the duration of acoustic monitoring.

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Visual Marine Mammal Observations pieces of information, the Navy will potential to injure a marine mammal or The Navy will collect sighting data record detailed information about any marine mammal stock in the wild [Level and behavioral responses to implementation of shutdowns, A harassment]; or (ii) has the potential construction for marine mammal including the distance of animals to the to disturb a marine mammal or marine species observed in the region of pile and description of specific actions mammal stock in the wild by causing activity during the period of activity. All that ensued and resulting behavior of disruption of behavioral patterns, observers will be trained in marine the animal, if any. We require that, at a including, but not limited to, migration, mammal identification and behaviors minimum, the following information be breathing, nursing, breeding, feeding, or and are required to have no other collected on the sighting forms: sheltering [Level B harassment].’’ construction-related tasks while (1) Date and time that pile driving All anticipated takes would be by conducting monitoring. begins or ends; Level B harassment, involving The Navy will monitor the shutdown (2) Construction activities occurring temporary changes in behavior. It is zone and disturbance zone within the during each observation period; unlikely that injurious or lethal takes WRA before, during, and after pile (3) Weather parameters identified in would occur even in the absence of the driving as described under mitigation the acoustic monitoring (e.g., percent planned mitigation and monitoring and in the Marine Mammal Monitoring cover, visibility); measures; however, implementation of Plan. There will, at all times, be at least (4) Water conditions (e.g., sea state, these measures is expected to minimize one observer stationed at an appropriate tide state); the possibility of such takes to vantage point to observe the shutdown (5) Species, numbers, and, if possible, discountable levels. zones associated with each operating sex and age class of marine mammals; If a marine mammal responds to a hammer and at least one additional (6) Marine mammal behavior patterns stimulus by changing its behavior (e.g., observer stationed to observe waters observed, including bearing and through relatively minor changes in outside the shutdown zones but within direction of travel, and if possible, the locomotion direction/speed or the WRA. In addition, at least one correlation to SPLs; vocalization behavior), the response marine mammal observer would be (7) Distance from pile driving may or may not constitute taking at the stationed on a vessel conducting activities to marine mammals and individual level, and is unlikely to acoustic monitoring outside the WRA, distance from the marine mammals to affect the stock or the species as a for as long as such monitoring is the observation point; whole. However, if a sound source conducted but for a minimum of 30 (8) Locations of all marine mammal displaces marine mammals from an days. The Navy estimates that observations; and important feeding or breeding area for a (9) Other human activity in the area. representative acoustic sampling may prolonged period, impacts on animals or on the stock or species could potentially occur in approximately 30 days. Based Reporting on our requirements, the Marine be significant (Lusseau and Bejder, A draft report will be submitted 2007; Weilgart, 2007). Given the many Mammal Monitoring Plan would within 90 days of the completion of the include the following procedures for uncertainties in predicting the quantity first 30 days of acoustic measurements and types of impacts of sound on pile driving: and marine mammal monitoring. The (1) MMOs would be located at the marine mammals, it is common practice report will also provide descriptions of best vantage point(s) in order to to estimate how many animals are likely any problems encountered in deploying properly see the entire shutdown zone to be present within a particular sound attenuating devices and actions and as much of the disturbance zone as distance of a given activity, or exposed possible. taken to solve these problems, any to a particular level of sound. This (2) During all observation periods, adverse responses to construction practice potentially overestimates the observers will use binoculars and the activities by marine mammals, and a numbers of marine mammals taken. For naked eye to search continuously for complete description of all mitigation example, during the past ten years, marine mammals. shutdowns and the results of those killer whales have been observed within (3) If the shutdown zones are actions. A final report would be the project area twice. On the basis of obscured by fog or poor lighting prepared and submitted within 30 days that information, an estimated amount conditions, pile driving at that location following resolution of comments on the of potential takes for killer whales is will not be initiated until that zone is draft report. Within 90 days of the end presented here. However, while a pod of visible. of the in-water work period, a draft killer whales could potentially visit (4) The shutdown and disturbance comprehensive report on all marine again during the project timeframe, and zones around the pile will be monitored mammal monitoring conducted under thus be taken, it is more likely that they for the presence of marine mammals the IHA will be submitted to NMFS. The would not. Although incidental take of before, during, and after any pile driving report will include marine mammal killer whales and Dall’s porpoises was or removal activity. observations pre-activity, during- authorized for 2011 activities at NBKB Individuals implementing the activity, and post-activity during pile on the basis of past observations of these monitoring protocol will assess its driving days. A final report will be species, no such takes were recorded effectiveness using an adaptive prepared and submitted within 30 days and no individuals of these species were approach. Monitoring biologists will use following resolution of comments on the observed. Similarly, estimated actual their best professional judgment draft report. Required contents of the take levels (observed takes extrapolated throughout implementation and seek monitoring reports are described in to the remainder of unobserved but improvements to these methods when more detail in the relevant plans. ensonified area) were significantly less deemed appropriate. Any modifications than authorized levels of take for the Estimated Take by Incidental remaining species. to protocol will be coordinated between Harassment us and the Navy. The project area is not believed to be With respect to the activities particularly important habitat for Data Collection described here, the MMPA defines marine mammals, nor is it considered We require that observers use ‘‘harassment’’ as: ‘‘any act of pursuit, an area frequented by marine mammals, approved data forms. Among other torment, or annoyance which (i) has the although harbor seals are year-round

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residents of Hood Canal and sea lions for an in-depth discussion (76 FR 79410; somewhat—primarily in that the are known to haul-out on submarines December 21, 2011). distances to the 120 dB threshold are and other man-made objects at the The cetaceans, as well as the harbor likely to be much smaller for vibratory NBKB waterfront (although typically at seal, appear to range throughout Hood removal—we have maintained the take a distance of a mile or greater from the Canal; therefore, the analysis in this estimated based on predicted distances, project site). Therefore, behavioral proposed IHA assumes that harbor seal, as analyzed in the notice of proposed disturbances that could result from transient killer whale, harbor porpoise, authorization. Therefore, these take anthropogenic sound associated with and Dall’s porpoise are uniformly estimates are likely to be conservative. these activities are expected to affect distributed in the project area. However, For sea lions, as described previously, only a relatively small number of it should be noted that there have been the surveys offering the most individual marine mammals, although no observations of cetaceans within the conservative estimates of abundance do those effects could be recurring over the WRA security barrier; the barrier thus not have a defined survey area and so life of the project if the same individuals appears to effectively prevent cetaceans are not suitable for deriving a density remain in the project vicinity. from approaching the shutdown zones construct. Instead, abundance is The Navy has requested authorization (please see Figure 2–2 of the Navy’s estimated on the basis of previously for the potential taking of small application; the WRA security barrier, described opportunistic sighting numbers of Steller sea lions, California which is not denoted in the figure information at the NBKB waterfront, sea lions, harbor seals, transient killer legend, is represented by a thin gray line and it is assumed that the total amount whales, Dall’s porpoises, and harbor and is roughly 500 m from the project of animals known from NBKB haul-outs porpoises in the Hood Canal that may site). Although the Navy will implement would be ‘available’ to be taken in a result from pile driving during a precautionary shutdown zone for given pile driving day. Thus, for these construction activities associated with cetaceans, anecdotal evidence suggests two species, take is estimated by the wharf construction project described that cetaceans are not at risk of Level A multiplying abundance by days of harassment at NBKB even from louder activity (195 days). While pile driving previously in this document. The activities (e.g., impact pile driving). The can occur any day throughout the in- humpback whale is not expected to remaining species that occur in the water work window, and the analysis is occur in the project area. The takes project area, Steller sea lion and conducted on a per day basis, only a requested are expected to have no more California sea lion, do not appear to fraction of that time (typically a matter than a minor effect on individual utilize most of Hood Canal. The sea of hours on any given day) is actually animals and no effect at the population lions appear to be attracted to the man- spent pile driving. level for these species. Any effects made haul-out opportunities along the The exposure assessment experienced by individual marine NBKB waterfront while dispersing for methodology is an estimate of the mammals are anticipated to be limited foraging opportunities elsewhere in numbers of individuals exposed to the to short-term disturbance of normal Hood Canal. California sea lions were effects of pile driving activities behavior or temporary displacement of not reported during aerial surveys of exceeding relevant thresholds. Of note animals near the source of the sound. Hood Canal (Jeffries et al., 2000), and in these exposure estimates, mitigation Marine Mammal Densities Steller sea lions have only been methods other than the use of a sound documented at the NBKB waterfront. attenuation device (i.e., visual For all species, the best scientific monitoring and the use of shutdown information available was used to Description of Take Calculation zones) were not quantified within the construct density estimates or estimate The take calculations presented here assessment and successful local abundance. Of available rely on the best data currently available implementation of this mitigation is not information deemed suitable for use, the for marine mammal populations in the reflected in exposure estimates. Results data that produced the most Hood Canal. The methodology for from acoustic impact exposure conservative (i.e., highest) density or estimating take was described in detail assessments should be regarded as abundance estimate for each species in the FR notice (76 FR 79410; conservative estimates. was used. For harbor seals, this December 21, 2011). The ZOI impact Airborne Sound—No incidents of involved published literature describing area is the estimated range of impact to incidental take resulting solely from harbor seal research conducted in the sound criteria. The distances airborne sound are likely, as even the Washington and Oregon as well as more specified in Table 2 were used to larger distances to the harassment specific counts conducted in Hood calculate ZOI around each pile. All thresholds seen in acoustic monitoring Canal (Huber et al., 2001; Jeffries et al., impact pile driving take calculations from 2011 would not reach any areas 2003). Killer whales are known from were based on the estimated threshold where pinnipeds may haul out two periods of occurrence (2003 and ranges using a bubble curtain with 10 (although predicted distances to the 90 2005) and are not known to dB attenuation as a mitigation measure. dB threshold using proxy values would preferentially use any specific portion of The ZOI impact area took into reach the nearest portion of the PSB). the Hood Canal. Therefore, density was consideration the possible affected area The shortest distance to the PSB (where calculated as the maximum number of of the Hood Canal from the pile driving harbor seals and the occasional individuals present at a given time site furthest from shore with attenuation California sea lion may haul-out) is during those occurrences (London, due to land shadowing from bends in approximately 180 m, but is generally 2006), divided by the area of Hood the canal. Because of the close greater than 500 m at the project site. Canal. The best information available proximity of some of the piles to the Submarines docked at Delta Pier, where for the remaining species in Hood Canal shore, the narrowness of the canal at the California and Steller sea lions are came from surveys conducted by the project area, and the maximum fetch, known to haul-out, are approximately Navy at the NBKB waterfront or in the the ZOIs for each threshold are not 1.2 km from the project site. We vicinity of the project area. These necessarily spherical and may be recognize that it is possible that airborne consist of three discrete sets of survey truncated. Although mean distances to sound could reach portions of the PSB effort, which were described in detail in thresholds as determined during where seals may haul-out, and that the FR notice. Please see that document acoustic monitoring in 2011 may differ pinnipeds in the water could be

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exposed to airborne sound that may submarines at Delta Pier (Bhuthimethee, Harbor Seal result in behavioral harassment when 2008; Navy, 2010) and have been Harbor seals are the most abundant looking with heads above water. periodically observed since that time. marine mammal in Hood Canal, and However, these animals would Steller sea lions typically occur at NBKB they can occur anywhere in Hood Canal previously have been ‘taken’ as a result from November through April; however, waters year-round. During most of the of exposure to underwater sound above the first October sightings of Steller sea year, all age and sex classes could occur the behavioral harassment thresholds, lions at NBKB occurred in 2011. Based in the project area throughout the period which are in all cases larger than those on waterfront observations, Steller sea of construction activity. As there are no associated with airborne sound. Thus, lions appear to use available haul-outs known regular pupping sites in the the behavioral harassment of these (typically in the vicinity of Delta Pier, vicinity of the project area, harbor seal animals is already accounted for in approximately one mile south of the neonates are not expected to be present these estimates of potential take. project area) and habitat similarly to during pile driving. Otherwise, during Multiple incidents of exposure to sound California sea lions, although in lesser most of the year, all age and sex classes above NMFS’ thresholds for behavioral numbers. On occasions when Steller sea could occur in the project area harassment are not believed to result in lions are observed, they typically occur throughout the period of construction increased behavioral disturbance, in in mixed groups with California sea either nature or intensity of disturbance lions also present, allowing observers to activity. Harbor seal numbers increase reaction. Therefore, although we confirm their identifications based on from January through April and then initially proposed the authorization of discrepancies in size and other physical decrease from May through August as incidental take resulting from airborne characteristics. the harbor seals move to adjacent bays sound for harbor seals, we no longer The time period from November on the outer coast of Washington for the believe that such authorization is through April coincides with the time pupping season. The main haul-out warranted. when Steller sea lions are frequently locations for harbor seals in Hood Canal The derivation of density or observed in Puget Sound. Only adult are located on river delta and tidal abundance estimates for each species, as and sub-adult males are likely to be exposed areas at various river mouths, well as further description of the present in the project area during this with the closest haul-out area to the rationale for each take estimate, was time; female Steller sea lions have not project area being 10 mi (16 km) described in detail in the FR notice (76 been observed in the project area. Since southwest of NBKB (London, 2006). FR 79410; December 21, 2011). Total there are no known breeding rookeries Please see Figure 4–1 of the Navy’s take estimates, and numbers of take per in the vicinity of the project site, Steller application for a map of haul-out species to be authorized, are presented sea lion pups are not expected to be locations in relation to the project area. in Table 4. present. By May, most Steller sea lions Table 4 depicts the number of estimated have left inland waters and returned to behavioral harassments. California Sea Lion their rookeries to mate. Although sub- Humpback Whales California sea lions are present in adult individuals (immature or pre- Hood Canal during much of the year breeding animals) will occasionally One humpback whale has recently with the exception of mid-June through remain in Puget Sound over the been documented in Hood Canal. This August. California sea lions occur summer, observational data have individual was originally sighted on regularly in the vicinity of the project indicated that Steller sea lions are January 27, 2012 and was last reported site from September through mid-June. present only from October through April on February 23, 2012, indicating that With regard to the range of this species and not during the summer months. the animal has almost certainly left the in Hood Canal and the project area, it is Steller sea lions are known only from area. Although known to be historically assumed on the basis of waterfront haul-outs over one mile from the project abundant in the inland waters of observations (Agness and Tannenbaum, area. The ZOI for vibratory pile driving Washington, no other confirmed 2009; Tannenbaum et al., 2009, 2011) encompasses areas where Steller sea documentation of humpback whales in that the opportunity to haul out on lions are known to haul-out; assuming Hood Canal is available. Their presence submarines docked at Delta Pier is a that one individual could be taken per has likely not occurred in several primary attractant for California sea day of pile driving provides an estimate decades, with the last known reports lions in Hood Canal, as they have rarely of 195 takes, the level of take which was being anecdotal accounts of three been reported, either hauled out or proposed for authorization (76 FR humpback sightings from 1972–82. We swimming, elsewhere in Hood Canal 79410; December 21, 2011). However, in consider it extremely unlikely that any (Jeffries, 2007). Female California sea consultation with the Navy, we now humpback whales would be present lions are rarely observed north of the believe that the available abundance during the project timeframe. Therefore, California/Oregon border; therefore, information does not necessarily reflect the likelihood of incidental take of only adult and sub-adult males are the nature of Steller sea lion occurrence humpback whales is discountable and expected to be exposed to project at NBKB (i.e., the take estimation none is authorized. assumes that only one animal would be impacts. The ZOI for vibratory pile Killer Whales driving encompasses areas where present per day). Actual observational California sea lions are known to haul- data show that, while their occurrence Transient killer whales are out; assuming that 26 individuals could is concentrated near Delta Pier, they uncommon visitors to Hood Canal. be taken per day of pile driving provides occur in groups of one to four Resident killer whales have not been an estimate of 5,070 takes for that individuals. As a result, it is more likely observed in Hood Canal, but transient activity. Table 4 depicts the number of that more than one exposure would pods (six to eleven individuals per estimated behavioral harassments. occur in a day. In order to reflect this, event) were observed in Hood Canal for we believe it warranted to authorize lengthy periods of time (59–172 days) in Steller Sea Lion take at the level of two individuals per 2003 (January–March) and 2005 Steller sea lions were first day of pile driving, for a total of 390 (February–June), feeding on harbor seals documented at the NBKB waterfront in takes. Table 4 depicts the number of (London, 2006). These whales used the November 2008, while hauled out on estimated behavioral harassments. entire expanse of Hood Canal for

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feeding. Based on this data, the density Canal. Table 4 depicts the number of Please note that, due to the availability for transient killer whales in the Hood estimated behavioral harassments. of corrected trackline distances for Canal for January to June is 0.038/km2 Harbor Porpoise harbor porpoise surveys conducted in (eleven individuals divided by the area 2011, that density estimate has been of the Hood Canal [291 km2]). Because Harbor porpoises may be present in revised from 0.250 animals/km2 to 0.231 the timeframe of known transient killer the Hood Canal year-round; their animals/km2 for survey data through whale occurrence in Hood Canal only presence had previously been September 28, 2011. partially overlaps the construction considered rare. During waterfront Potential takes could occur if period (January to mid-February), the surveys of NBKB nearshore waters from individuals of these species are present days of total activity (or days of 2008–10 only one harbor porpoise had potential exposure) portion of the been observed. However, during in the vicinity when pile driving is formula is reduced to 45 for killer monitoring of Navy actions in 2011, occurring. Individuals that are taken whales. Table 4 depicts the number of several sightings indicated that their could exhibit behavioral changes such estimated behavioral harassments. presence may be more frequent in as increased swimming speeds, deeper waters of Hood Canal than had increased surfacing time, or decreased Dall’s Porpoise been believed on the basis of existing foraging. Most likely, individuals may Dall’s porpoises may be present in the survey data and anecdotal evidence. move away from the sound source and Hood Canal year-round and could occur Subsequently, the Navy conducted be temporarily displaced from the areas as far south as the project site. Their use dedicated vessel-based line transect of pile driving. Potential takes by of inland Washington waters, however, surveys on days when no construction disturbance would likely have a is mostly limited to the Strait of Juan de activity occurred (due to security, negligible short-term effect on Fuca. One individual has been observed weather, etc.) and made regular individuals and not result in by Navy staff in deeper waters of Hood observations of harbor porpoise groups. population-level impacts.

TABLE 4—NUMBER OF POTENTIAL INCIDENTAL TAKES OF MARINE MAMMALS WITHIN VARIOUS ACOUSTIC THRESHOLD ZONES

Underwater Airborne Density/ Vibratory Total proposed Species disturbance Impact authorized abundance Impact injury disturbance takes threshold 1 threshold threshold 3 (120 dB) 2

California sea lion ...... 4 26 .2 0 5,070 0 5,070 Steller sea lion ...... 4 1 .2 0 390 0 390 Harbor seal ...... 1.31 0 10,530 0 10,530 Killer whale ...... 0 .038 0 90 N/A 90 Dall’s porpoise ...... 0 .014 0 195 N/A 195 Harbor porpoise ...... 0 .231 0 1,950 N/A 1,950

Total ...... 0 18,225 0 18,225 1 Acoustic injury threshold for impact pile driving is 190 dB for pinnipeds and 180 dB for cetaceans. 2 The 160-dB acoustic harassment zone associated with impact pile driving would always be subsumed by the 120-dB harassment zone pro- duced by vibratory driving. Therefore, takes are not calculated separately for the two zones. 3 Acoustic disturbance threshold is 100 dB for sea lions and 90 dB for harbor seals. We believe that any animal subject to levels of airborne sound that may result in harassment—whether hauled-out or in the water—would likely also be exposed to underwater sound above behavioral harassment thresholds within the same day. Therefore, no take authorization specific to airborne sound is warranted. 4 Figures presented are abundance numbers, not density, and are calculated as the average of average daily maximum numbers per month. Abundance numbers are rounded to the nearest whole number for take estimation.

Negligible Impact and Small Numbers Pile driving activities associated with produced (less than 190 dB), will be the Analysis and Determination the wharf construction project, as primary method of installation. Also, no outlined previously, have the potential impact pile driving will occur without NMFS has defined ‘‘negligible to disturb or displace marine mammals. the use of a sound attenuation system impact’’ in 50 CFR 216.103 as ‘‘* * * an Specifically, the proposed activities may (e.g., bubble curtain), and pile driving impact resulting from the specified result in take, in the form of Level B will either not start or be halted if activity that cannot be reasonably harassment (behavioral disturbance) marine mammals approach the expected to, and is not reasonably likely only, from airborne or underwater shutdown zone. The pile driving to, adversely affect the species or stock sounds generated from pile driving. No activities analyzed here are similar to through effects on annual rates of mortality, serious injury, or Level A other nearby construction activities recruitment or survival.’’ In making a harassment is anticipated given the within the Hood Canal, including two negligible impact determination, NMFS methods of installation and measures recent projects conducted by the Navy considers a variety of factors, including designed to minimize the possibility of at the same location (test pile project but not limited to: (1) The number of injury to marine mammals and Level B and EHW–1 pile replacement project) as anticipated mortalities; (2) the number harassment will be reduced to the level well as work conducted in 2005 for the and nature of anticipated injuries; (3) of least practicable adverse impact. Hood Canal Bridge (SR–104) by the the number, nature, intensity, and Specifically, vibratory hammers, which Washington Department of duration of Level B harassment; and (4) do not have significant potential to Transportation, which have taken place the context in which the take occurs. cause injury to marine mammals due to with no reported injuries or mortality to the relatively low source levels marine mammals.

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The numbers of authorized take for in Table 4, which represents the take of absence of any known regular Steller and California sea lions and for a single pod (approximately 11) that occurrence adjacent to the project site Dall’s porpoises would be considered might be taken repeatedly over multiple means that potential takes by small relative to the relevant stocks or days if they stayed in the area. The disturbance will have an insignificant populations (each less than two percent) possible repeated exposure of a small short-term effect on individuals and will even if each estimated taking occurred group of individuals to levels associated not result in population-level impacts. to a new individual—an extremely with Level B harassment in this area is Due to the nature, degree, and context unlikely scenario. The proposed expected to have a negligible impact on of behavioral harassment anticipated, numbers of authorized take for harbor the stock. the activity is not expected to impact For harbor porpoises, the situation seals, transient killer whales, and harbor rates of recruitment or survival. porpoises are somewhat higher relative relative to the regional stock (where to the total stocks. However, these estimated take is approximately 18 The negligible impact determination numbers represent the instances of take, percent) is less clear as little is known is also supported by the likelihood that, not the number of individuals taken. about their use of Hood Canal. Sightings given sufficient ‘‘notice’’ through That is, it is likely that a relatively small information from opportunistic mitigation measures including soft start, subset of Hood Canal harbor seals, waterfront surveys as well as designed marine mammals are expected to move which is itself a small subset of the surveys of nearshore waters had away from a sound source that is regional stock, would be harassed by previously indicated that harbor annoying prior to its becoming project activities. While the available porpoises rarely occurred in NBKB potentially injurious, and the likelihood waters. In addition, although no information and formula estimate that that marine mammal detection ability systematic survey work for harbor as many as 10,530 exposures of harbor by trained observers is high under the porpoises has occurred in Hood Canal, seals to stimuli constituting Level B environmental conditions described for anecdotal evidence and expert opinion harassment could occur, that number Hood Canal, enabling the received through personal represents some portion of the implementation of shutdowns to avoid communication had confirmed that approximately 1,088 harbor seals injury, serious injury, or mortality. As a harbor porpoises were expected to occur resident in Hood Canal (approximately infrequently and in low numbers in the result, no take by injury or death is 7 percent of the regional stock) that project area. Recent Navy surveys have anticipated, and the potential for could potentially be exposed to sound indicated that harbor porpoises are temporary or permanent hearing produced by pile driving activities on present in greater numbers than had impairment is very low and would be multiple days during the project. No been believed. It is unclear from the avoided through the incorporation of rookeries are present in the project area, limited information available what the described mitigation measures. there are no haul-outs other than those relationship this occurrence, recorded provided opportunistically by man- While the number of marine only during the fall of 2011, may hold mammals potentially incidentally made objects, and the project area is not to the regional stock or whether similar known to provide foraging habitat of harassed would depend on the usage of Hood Canal may be expected to distribution and abundance of marine any special importance. Repeated recur throughout the project timeframe. exposures of individuals to levels of mammals in the vicinity of the survey Nevertheless, the estimated take of activity, the number of potential sound that may cause Level B harbor porpoises is likely an harassment takings is estimated to be harassment are unlikely to result in overestimate (as it is based on small relative to regional stock or hearing impairment or to significantly information that may not hold true disrupt foraging behavior. Thus, even throughout the project timeframe) and population number, and will be repeated Level B harassment of some should be considered to present a mitigated to the lowest level practicable small subset of the overall stock is negligible impact on the stock. Harbor through incorporation of the mitigation unlikely to result in any significant porpoise sightings to date have occurred and monitoring measures mentioned realized decrease in viability for Hood only at significant distance from the previously in this document. This Canal harbor seals, and thus would not project area (both inside and outside of activity is expected to result in a result in any adverse impact to the stock the predicted 120-dB zone). negligible impact on the affected species as a whole. Similarly, for killer whales, We have determined that the impact or stocks. The Eastern DPS of the Steller the estimated number of takes of the previously described wharf sea lion is listed as threatened under the represents a single group of eleven construction project may result, at ESA; no other species for which take whales that could potentially be worst, in a temporary modification in authorization is requested are either exposed to sound on multiple days, if behavior (Level B harassment) of small ESA-listed or considered depleted present. In fact, if a group of transient numbers of marine mammals. No under the MMPA. killer whales was present in the Hood mortality or injuries are anticipated as a Canal during the project (which is in result of the specified activity, and none Based on the analysis contained itself unlikely, as such groups have will be authorized. Additionally, herein of the likely effects of the appeared only twice since 2003), such a animals in the area are not expected to specified activity on marine mammals group would be able to simply leave the incur hearing impairment (i.e., TTS or and their habitat, and taking into project area and forage elsewhere in PTS) or non-auditory physiological consideration the implementation of the Hood Canal or Puget Sound if the effects. For pinnipeds, the absence of mitigation and monitoring measures, we acoustic behavioral harassment caused any major rookeries and only a few find that the wharf construction project by the project disturbed the group to a isolated and opportunistic haul-out will result in the incidental take of sufficient degree. However, it is difficult areas near or adjacent to the project site small numbers of marine mammals, by to quantify such a group’s willingness to means that potential takes by Level B harassment only, and that the remain in the presence of behavioral disturbance would have an insignificant total taking from the activity will have harassment or, alternatively, to depart short-term effect on individuals and will a negligible impact on the affected the project area. As such, NMFS not result in population-level impacts. species or stocks. proposes to authorize the take presented Similarly, for cetacean species the

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Impact on Availability of Affected Dated: July 11, 2012. Review and Comment on Council Species or Stock for Taking for Helen M. Golde, Action from December meeting Subsistence Uses Acting Director, Office of Protected Resources, Priority Areas Briefings National Marine Fisheries Service. Closing Remarks No tribal subsistence hunts are held [FR Doc. 2012–17488 Filed 7–17–12; 8:45 am] in the vicinity of the project area; thus, Note: Exact order may vary. BILLING CODE 3510–22–P temporary behavioral impacts to Dated: July 13, 2012. individual animals will not affect any Aaron Siegel, subsistence activity. Further, no DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison population or stock level impacts to Officer, Department of Defense. marine mammals are anticipated or Office of the Secretary authorized. As a result, no impacts to [FR Doc. 2012–17458 Filed 7–17–12; 8:45 am] the availability of the species or stock to Meeting of the Department of Defense BILLING CODE 5001–06–P the Pacific Northwest treaty tribes are Military Family Readiness Council expected as a result of the activities. (MFRC) DEPARTMENT OF DEFENSE Therefore, no relevant subsistence uses AGENCY: Office of the Under Secretary of of marine mammals are implicated by Department of the Navy this action. Defense for Personnel and Readiness, Department of Defense. Meeting of the Ocean Research and Endangered Species Act (ESA) ACTION: Notice. Resources Advisory Panel There is one ESA-listed marine SUMMARY: Pursuant to Section 10(a), AGENCY: Department of the Navy, DoD. mammal species with known Public Law 92–463, as amended, notice ACTION: occurrence in the project area: The is hereby given of a forthcoming Notice of Open Meeting. Eastern DPS of the Steller sea lion, meeting of the Department of Defense SUMMARY: The Ocean Research and listed as threatened. Because of the Military Family Readiness Council Resources Advisory Panel will hold a potential presence of Steller sea lions, (MFRC). The purpose of the Council regularly scheduled meeting. The the Navy engaged in a formal meeting is to review the military family meeting will be open to the public. consultation with the NMFS Northwest programs which will be the focus for the DATES: The meeting will be held on Regional Office under Section 7 of the Council for next year, and address ESA. We also initiated separate selected concerns of military family Wednesday, August 15, 2012 from 8:30 consultation with our Northwest organizations. a.m. to 5:15 p.m. and Thursday, August Regional Office because of our proposal The meeting is open to the public, 16, 2012 from 8:30 a.m. to 1:00 p.m. to authorize the incidental take of subject to the availability of space. Members of the public should submit Steller sea lions. The Biological Opinion Persons desiring to attend may contact their comments in advance of the associated with that consultation Ms. Melody McDonald at 571–372–0880 meeting to the meeting Point of Contact. concluded that the proposed action is or email ADDRESSES: The meeting will be held at not likely to jeopardize the continued [email protected] no the Consortium for Ocean Leadership, existence of the Steller sea lion or the later than 5:00 p.m. on Tuesday, August 1201 New York Avenue NW., 4th Floor, humpback whale, and includes an 7, 2012 to arrange for parking and escort Washington, DC 2005. Incidental Take Statement for the Steller into the conference room inside the FOR FURTHER INFORMATION CONTACT: Dr. sea lion. The Steller sea lion does not Pentagon. Joan S. Cleveland, Office of Naval have critical habitat in the action area. Interested persons may submit a Research, 875 North Randolph Street written statement for consideration by Suite 1425, Arlington, VA 22203–1995, National Environmental Policy Act the Council. Persons desiring to submit telephone 703–696–4532. (NEPA) a written statement to the Council must SUPPLEMENTARY INFORMATION: This The Navy has prepared an notify the point of contact listed in FOR notice of open meeting is provided in Environmental Impact Statement and FURTHER INFORMATION CONTACT no later accordance with the Federal Advisory issued a Record of Decision for this than 5:00 p.m. on Thursday, August 9, Committee Act (5 U.S.C. App. 2). The project. We acted as a cooperating 2012. meeting will include discussions on agency in the preparation of that DATES: August 15, 2012, 2:00 p.m. to ocean research, resource management, document, and have reviewed the EIS 4:00 p.m. and other current issues in the ocean and the public comments received and ADDRESSES: Pentagon Conference Center science and management communities. determined that preparation of any B6 (escorts will be provided from the additional NEPA analysis is not Pentagon Metro entrance). J.M. Beal, Lieutenant Commander, Office of the Judge necessary. We subsequently adopted the FOR FURTHER INFORMATION CONTACT: Ms. Navy’s EIS and issued our own Record Advocate General, U.S. Navy, Federal Melody McDonald or Ms. Betsy Graham, Register Liaison Officer. of Decision. The Navy EIS is available Office of the Deputy Under Secretary [FR Doc. 2012–17438 Filed 7–17–12; 8:45 am] for public review at www.nbkeis.com. (Military Community & Family Policy), BILLING CODE 3810–FF–P Authorization 4800 Mark Center Drive, Alexandria, VA 22350–2300, Room 3G15. Telephones As a result of these determinations, (571) 372–0880; (571) 372–0881 and/or we have issued an IHA to the Navy to email: DEPARTMENT OF ENERGY conduct the described activities in the [email protected]. National Petroleum Council Hood Canal from the period of July 16, SUPPLEMENTARY INFORMATION: Meeting 2012, through February 15, 2013, agenda. AGENCY: Department of Energy, Office of provided the previously described Fossil Energy. mitigation, monitoring, and reporting Wednesday, August 15, 2012 ACTION: Notice of open meeting. requirements are incorporated. Welcome & Administrative Remarks

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SUMMARY: This notice announces a Issued at Washington, DC, on July 11, Biomass Act was repealed and replaced meeting of the National Petroleum 2012. in June 2008 by Section 9008 of the Council. The Federal Advisory LaTanya Butler, Food, Conservation and Energy Act of Committee Act (Pub. L. 92–463, 86 Stat. Acting Deputy Committee Management 2008 (FCEA) [Pub. L. 110–246, 122 Stat. 770) requires that public notice of this Officer. 1651, enacted June 18, 2008, H.R. 6124]. meeting be announced in the Federal [FR Doc. 2012–17396 Filed 7–17–12; 8:45 am] FCEA section 9008(d) established the Register. BILLING CODE 6450–01–P Biomass Research and Development Technical Advisory Committee and lays DATES: Wednesday, August 1, 2012, forth its meetings, coordination, duties, 9:00 a.m. to 11:30 a.m. (EST) DEPARTMENT OF ENERGY terms, and membership types. The ADDRESSES: St. Regis Hotel, 923 16th Committee must meet quarterly and and K Streets NW., Washington, DC Energy Efficiency and Renewable should not duplicate the efforts of other 20006. Energy Federal advisory committees. Meetings FOR FURTHER INFORMATION CONTACT: are typically two days in duration. Nancy Johnson, U.S. Department of Biomass Research and Development Three meetings are held in the Energy, Office of Oil and Natural Gas Technical Advisory Committee Washington, DC area and the fourth is (FE–30), Washington, DC 20585; AGENCY: Energy Efficiency and held at a site to be determined each telephone (202) 586–5600 or facsimile Renewable Energy, Department of year. Members of the Committee serve (202) 586–6221. Energy. without compensation; however, each appointed member may be reimbursed SUPPLEMENTARY INFORMATION: ACTION: Notice of Solicitation of for authorized travel and per diem Purpose of the Committee: To provide Nominations for Appointment as a expenses incurred while attending advice, information, and Member of the Biomass Research and committee meetings, in accordance with recommendations to the Secretary of Development Technical Advisory Federal Travel Regulations. Energy on matters relating to oil and Committee. natural gas, or the oil and natural gas The Committee advises the DOE and industries. SUMMARY: In accordance with the USDA points of contact with respect to Tentative Agenda: Federal Advisory Committee Act, 5 the Biomass R&D Initiative (Initiative) • Call to Order and Introductory U.S.C. App. 2, the U.S. Department of and also makes written Remarks Energy is soliciting nominations for recommendations to the Biomass R&D • Consideration of the Proposed Final candidates to fill vacancies on the Board (Board). Those recommendations Report of the NPC Committee on Future Biomass Research and Development regard whether: (A) Initiative funds are Transportation Fuels Technical Advisory Committee distributed and used consistent with • Introductory Remarks by the (Technical Advisory Committee). Initiative objectives; (B) solicitations are open and competitive with awards Honorable Daniel B. Poneman, Deputy DATES: The deadline for nominations for made annually; (C) objectives and Secretary of Energy members will be accepted on or before • evaluation criteria of the solicitations Remarks by the Honorable Steven August 9, 2012. Chu, Secretary of Energy are clear; and (D) the points of contact • Administrative Matters ADDRESSES: The nominations must are funding proposals selected on the • Discussion of Any Other Business include name, a resume, biography, and basis of merit, and determined by an Properly Brought Before the National any letters of support and are to be independent panel of qualified peers. Petroleum Council submitted via one of the following The Committee members may serve • Adjournment methods: up to two, three-year terms and must Public Participation: The meeting is (1) Email to [email protected]. include: (A) An individual affiliated open to the public. The Chair of the (2) Overnight delivery service to: with the biofuels industry; (B) an Council will conduct the meeting to Elliott Levine, Designated Federal individual affiliated with the biobased facilitate the orderly conduct of Officer, Office of Energy Efficiency and industrial and commercial products business. Members of the public who Renewable Energy, U.S. Department of industry; (C) an individual affiliated wish to make oral statements pertaining Energy, Mail Stop EE–2E, 1000 with an institution of higher education to agenda items should contact Ms. Independence Avenue SW., that has expertise in biofuels and Nancy Johnson at the address or Washington, DC 20585. biobased products; (D) two prominent telephone number listed above. Request FOR FURTHER INFORMATION CONTACT: engineers or scientists from government for oral statements must be received at Elliott Levine, Designated Federal or academia that have expertise in least three days prior to the meeting. Officer, Office of Energy Efficiency and biofuels and biobased products; (E) an Those not able to attend the meeting or Renewable Energy, U.S. Department of individual affiliated with a commodity having insufficient time to address the Energy, Mail Stop EE–2E,1000 trade association; (F) two individuals Council are invited to send a written Independence Avenue SW., affiliated with environmental or statement to [email protected]. Any member Washington, DC 20585; (202) 586–1476; conservation organizations; (G) an of the public who wishes to file a Email: [email protected]. individual associated with State written statement to the Council will be Committee’s Web site: http:// government who has expertise in permitted to do so, either before or after biomassboard.gov/committee/ biofuels and biobased products; (H) an the meeting. committee.html. individual with expertise in energy and Additionally, the meeting will also be SUPPLEMENTARY INFORMATION: The environmental analysis; (I) an available via live video webcast. The Biomass Research and Development Act individual with expertise in the link will be available at http://www.npc. of 2000 (Biomass Act) [Pub. L. 106–224] economics of biofuels and biobased org. requires cooperation and coordination products; (J) an individual with Minutes: Transcripts of the meeting in biomass research and development expertise in agricultural economics; (K) will be available by contacting Ms. (R&D) between the U.S. Department of an individual with expertise in plant Johnson at the address above, or Agriculture (USDA) and U.S. biology and biomass feedstock [email protected]. Department of Energy (DOE). The development; (L) an individual with

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expertise in agronomy, crop science, or Issued in Washington, DC, on July 11, Accession Number: 20120710–5047. soil science; and (M) at the option of the 2012. Comments Due: 5 p.m. ET 7/23/12. points of contact, other members (REF: LaTanya R. Butler, Any person desiring to protest in any FCEA 2008 section 9008(d)(2)(A)). All Acting Deputy Committee Management the above proceedings must file in nominees will be carefully reviewed for Officer. accordance with Rule 211 of the their expertise, leadership, and [FR Doc. 2012–17397 Filed 7–17–12; 8:45 am] Commission’s Regulations (18 CFR relevance to an expertise. Appointments BILLING CODE 6450–01–P 385.211) on or before 5 p.m. Eastern will be made for three-year terms, as time on the specified comment date. dictated by the legislation. The filings are accessible in the Nominations this year are being DEPARTMENT OF ENERGY Commission’s eLibrary system by accepted for the following categories in clicking on the links or querying the order to address the Committee’s needs: Federal Energy Regulatory docket number. (D) Prominent engineers or scientist Commission eFiling is encouraged. More detailed from government or academia that have Combined Notice of Filings information relating to filing expertise in biofuels and biobased requirements, interventions, protests, products; (I) an individual with Take notice that the Commission has and service can be found at: http:// expertise in the economics of biofuels received the following Natural Gas www.ferc.gov/docs-filing/efiling/filing- and biobased products; and (M) at the Pipeline Rate and Refund Report filings: req.pdf. For other information, call (866) option of the points of contact, other 208–3676 (toll free). For TTY, call (202) Filings Instituting Proceedings members. Nominations for other 502–8659. categories will also be accepted. Docket Numbers: RP12–860–000. Dated: July 11, 2012. Nomination categories D, I, and M are Applicants: WBI Energy Nathaniel J. Davis, Sr., considered special Government Transmission, Inc. employees (SGEs) and require submittal Description: Non-Conforming Deputy Secretary of an annual financial disclosure form. Negotiated Rate Agreements—Stateline [FR Doc. 2012–17425 Filed 7–17–12; 8:45 am] Nominations are solicited from to be effective 8/1/2012. BILLING CODE 6717–01–P organizations, associations, societies, Filed Date: 7/10/12. councils, federations, groups, Accession Number: 20120710–5068. DEPARTMENT OF ENERGY universities, and companies that Comments Due: 5 p.m. ET 7/23/12. represent a wide variety of biomass Docket Numbers: RP12–861–000. Federal Energy Regulatory research and development interests Applicants: Dominion Transmission, Commission throughout the country. Nominations Inc. for one individual that fits several of the Description: Dominion Transmission, Combined Notice of Filings #1 categories listed above or for more than Inc. submits tariff filing per 154.203: one person that fits one category will be DTI—2012 Overrun and Penalty Take notice that the Commission accepted. In your nomination letter, Revenue Distribution. received the following exempt please indicate the specific membership Filed Date: 7/11/12. wholesale generator filings: category for each nominee. Each Accession Number: 20120711–5022. Docket Numbers: EG12–85–000. nominee must submit their resume and Comments Due: 5 p.m. ET 7/23/12. Applicants: Shiloh IV Wind Project, biography along with any letters of Any person desiring to intervene or LLC. support by the deadline above. If you protest in any of the above proceedings Description: Notice of Self- were nominated in previous years, but must file in accordance with Rules 211 Certification of Exempt Wholesale were not appointed to the committee and 214 of the Commission’s Generator Status of Shiloh IV Wind and would still like to be considered, Regulations (18 CFR 385.211 and Project, LLC. please submit your nomination package 385.214) on or before 5:00 p.m. Eastern Filed Date: 7/10/12. again in response to this notice with all time on the specified comment date. Accession Number: 20120710–5150. required materials. All nominees will be Protests may be considered, but Comments Due: 5 p.m. ET 7/31/12. vetted before selection. intervention is necessary to become a Take notice that the Commission Nominations are open to all party to the proceeding. received the following electric rate individuals without regard to race, filings: color, religion, sex, national origin, age, Filings in Existing Proceedings Docket Numbers: ER12–1911–001. mental or physical handicap, marital Docket Numbers: RP11–1957–005. Applicants: RE McKenzie 1 LLC. status, or sexual orientation. The DOE Applicants: Stingray Pipeline Description: RE McKenzie 1 LLC and USDA are committed to bringing Company, L.L.C. submits tariff filing per 35.17(b): greater diversity of thought, perspective Description: Stingray Pipeline Amended Application for Market-Based and experience to its advisory Company, L.L.C. submits tariff filing per Rate Authority to be effective 7/31/2012. committees. Nominees from all races, 154.203: Settlement Compliance to be Filed Date: 7/10/12. gender[s], age[s] and persons living with effective 1/1/2012. Accession Number: 20120710–5116. disabilities are encouraged to apply. Filed Date: 7/10/12. Comments Due: 5 p.m. ET 7/31/12. Please note that registered lobbyists and Accession Number: 20120710–5147. Docket Numbers: ER12–1912–001. individuals already serving another Comments Due: 5 p.m. ET 7/23/12. Applicants: RE McKenzie 2 LLC. Federal Advisory Committee are Docket Numbers: RP12–776–001. Description: Amended Application ineligible for nomination. Applicants: Midwestern Gas for Market-Based Rate Authority to be Appointments to the Biomass Transmission Company. effective 7/31/2012. Research and Development Technical Description: Firm Park and Loan Filed Date: 7/10/12. Advisory Committee will be made by Service (FPAL) Compliance to be Accession Number: 20120710–5126. the Secretary of Energy and the effective 7/1/2012. Comments Due: 5 p.m. ET 7/31/12. Secretary of Agriculture. Filed Date: 7/10/12. Docket Numbers: ER12–1913–001.

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Applicants: RE McKenzie 3 LLC. requirements, interventions, protests, Docket No. EL12–28–000, Xcel Energy Description: Amended Application service, and qualifying facilities filings Services Inc. v. American for Market-Based Rate Authority to be can be found at: http://www.ferc.gov/ Transmission Company, LLC. effective 7/31/2012. docs-filing/efiling/filing-req.pdf. For Docket No. OA08–53, Midwest Filed Date: 7/10/12. other information, call (866) 208–3676 Independent Transmission System Accession Number: 20120710–5129. (toll free). For TTY, call (202) 502–8659. Operator, Inc. Comments Due: 5 p.m. ET 7/31/12. Dated: July 11, 2012. For more information, contact Docket Numbers: ER12–1915–001. Nathaniel J. Davis, Sr., Christopher Miller, Office of Energy Applicants: RE McKenzie 4 LLC. Deputy Secretary. Markets Regulation, Federal Energy Description: Amended Application Regulatory Commission at (317) 249– [FR Doc. 2012–17429 Filed 7–17–12; 8:45 am] for Market-Based Rate Authority to be 5936 or [email protected]. BILLING CODE 6717–01–P effective 7/31/2012. Dated: July 11, 2012. Filed Date: 7/10/12. Kimberly D. Bose, Accession Number: 20120710–5131. DEPARTMENT OF ENERGY Secretary. Comments Due: 5 p.m. ET 7/31/12. [FR Doc. 2012–17414 Filed 7–17–12; 8:45 am] Docket Numbers: ER12–1916–001. Federal Energy Regulatory BILLING CODE 6717–01–P Applicants: RE McKenzie 5 LLC. Commission Description: Amended Application Notice of Commission Staff for Market-Based Rate Authority to be DEPARTMENT OF ENERGY effective 7/31/2012. Attendance Filed Date: 7/10/12. The Federal Energy Regulatory Federal Energy Regulatory Accession Number: 20120710–5138. Commission hereby gives notice that Commission Comments Due: 5 p.m. ET 7/31/12. members of the Commission’s staff may [Docket No. PR11–83–002] Docket Numbers: ER12–1917–001. attend the following meetings related to Applicants: RE McKenzie 6 LLC. the transmission planning activities of Enogex LLC; Notice of Filing Description: Amended Application the Midwest Independent Transmission for Market-Based Rate Authority to be System Operator, Inc. (MISO): Take notice that on July 9, 2012, effective 7/31/2012 under ER12–1917 Enogex LLC filed a refund report in Advisory Committee—July 18, 2012 accordance with an unpublished Filing Type: 120. Order 1000 Right of First Refusal Task Filed Date: 7/10/12. Delegated Letter Order dated May 4, Team—July 30, 2012 2012, as more fully described in the Accession Number: 20120710–5140. Order 1000 Right of First Refusal Task Comments Due: 5 p.m. ET 7/31/12. filing. Team—July 31, 2012 Any person desiring to participate in Docket Numbers: ER12–2085–001. The above-referenced meeting will be this rate filing must file in accordance Applicants: PJM Interconnection, held at: MISO Headquarters, 720 City with Rules 211 and 214 of the L.L.C. Center Drive, Carmel, IN 46032. Commission’s Rules of Practice and Description: Errata to Amendments to The above-referenced meeting is open Procedure (18 CFR 385.211 and OATT Sch 12–Appx re RTEP approved to the public. 385.214). Protests will be considered by by PJM Board 5/17/2012 to be effective Further information may be found at the Commission in determining the 9/19/2012. www.misoenergy.org. appropriate action to be taken, but will Filed Date: 7/10/12. The discussions at the meeting not serve to make protestants parties to Accession Number: 20120710–5144. described above may address matters at the proceeding. Any person wishing to Comments Due: 5 p.m. ET 7/31/12. issue in the following proceedings: become a party must file a notice of Docket Numbers: ER12–2224–000. Docket No. ER12–1577–000, Midwest intervention or motion to intervene, as Applicants: California Independent Independent Transmission System appropriate. Such notices, motions, or System Operator Corporation. Operator, Inc. protests must be filed on or before the Description: CAISO’s Amendment 6 Docket No. ER12–715, Midwest date as indicated below. Anyone filing to the PLA with CDWR to be effective Independent Transmission System an intervention or protest must serve a 7/10/2012. Operator, Inc. copy of that document on the Applicant. Filed Date: 7/10/12. Docket No. ER12–480, Midwest Anyone filing an intervention or protest Accession Number: 20120710–5115. Independent Transmission System on or before the intervention or protest Comments Due: 5 p.m. ET 7/31/12. Operator, Inc. date need not serve motions to intervene The filings are accessible in the Docket No. ER12–309, Midwest or protests on persons other than the Commission’s eLibrary system by Independent Transmission System Applicant. clicking on the links or querying the Operator, Inc. The Commission encourages docket number. Docket No. ER11–1844, Midwest electronic submission of protests and Any person desiring to intervene or Independent Transmission System interventions in lieu of paper using the protest in any of the above proceedings Operator, Inc. ‘‘eFiling’’ link at http://www.ferc.gov. must file in accordance with Rules 211 Docket No. EL11–56, FirstEnergy Persons unable to file electronically and 214 of the Commission’s Service Company should submit an original and 7 copies Regulations (18 CFR 385.211 and Docket No. EL11–30, E.ON Climate & of the protest or intervention to the 385.214) on or before 5:00 p.m. Eastern Renewables North America, LLC v. Federal Energy Regulatory Commission, time on the specified comment date. Midwest Independent Transmission 888 First Street NE., Washington, DC Protests may be considered, but System Operator, Inc. 20426. intervention is necessary to become a Docket No. EL12–24–000, Pioneer This filing is accessible on-line at party to the proceeding. Transmission LLC v. Midwest http://www.ferc.gov, using the eFiling is encouraged. More detailed Independent Transmission System ‘‘eLibrary’’ link and is available for information relating to filing Operator, Inc. review in the Commission’s Public

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Reference Room in Washington, DC. eRegistration link. Select the eFiling The Commission encourages There is an ‘‘eSubscription’’ link on the link to log on and submit the electronic submission of protests and Web site that enables subscribers to intervention or protests. interventions in lieu of paper, using the receive email notification when a Persons unable to file electronically FERC Online links at http:// document is added to a subscribed should submit an original and 14 copies www.ferc.gov. To facilitate electronic docket(s). For assistance with any FERC of the intervention or protest to the service, persons with Internet access Online service, please email Federal Energy Regulatory Commission, who will eFile a document and/or be [email protected], or call 888 First St. NE., Washington, DC listed as a contact for an intervenor (866) 208–3676 (toll free). For TTY, call 20426. must create and validate an (202) 502–8659. The filings in the above-referenced eRegistration account using the Comment Date: 5:00 p.m. Eastern proceeding(s) are accessible in the eRegistration link. Select the eFiling Time on Friday, July 20, 2012. Commission’s eLibrary system by link to log on and submit the clicking on the appropriate link in the intervention or protests. Dated: July 11, 2012. above list. They are also available for Kimberly D. Bose, Persons unable to file electronically review in the Commission’s Public should submit an original and 14 copies Secretary. Reference Room in Washington, DC of the intervention or protest to the [FR Doc. 2012–17412 Filed 7–17–12; 8:45 am] There is an eSubscription link on the Federal Energy Regulatory Commission, BILLING CODE 6717–01–P Web site that enables subscribers to 888 First St. NE., Washington, DC receive email notification when a 20426. document is added to a subscribed The filings in the above-referenced DEPARTMENT OF ENERGY docket(s). For assistance with any FERC proceeding(s) are accessible in the Online service, please email Commission’s eLibrary system by Federal Energy Regulatory [email protected]. or call Commission clicking on the appropriate link in the (866) 208–3676 (toll free). For TTY, call above list. They are also available for [Docket No. ER12–2205–000] (202) 502–8659. review in the Commission’s Public Dated: July 12, 2012. Reference Room in Washington, DC. Meadow Creek Project Company LLC; Nathaniel J. Davis, Sr., There is an eSubscription link on the Supplemental Notice That Initial Deputy Secretary. web site that enables subscribers to Market-Based Rate Filing Includes receive email notification when a Request for Blanket Section 204 [FR Doc. 2012–17424 Filed 7–17–12; 8:45 am] BILLING CODE 6717–01–P document is added to a subscribed Authorization docket(s). For assistance with any FERC This is a supplemental notice in the Online service, please email above-referenced proceeding, of DEPARTMENT OF ENERGY [email protected] or call Meadow Creek Project Company LLC’s (866) 208–3676 (toll free). For TTY, call application for market-based rate Federal Energy Regulatory (202) 502–8659. Commission authority, with an accompanying rate Dated: July 12, 2012. schedule, noting that such application [Docket No. ER12–2217–000] Nathaniel J. Davis, Sr., includes a request for blanket Deputy Secretary. authorization, under 18 CFR part 34, of Power Dave Fund LLC; Supplemental [FR Doc. 2012–17427 Filed 7–17–12; 8:45 am] future issuances of securities and Notice That Initial Market-Based Rate BILLING CODE 6717–01–P assumptions of liability. Filing Includes Request for Blanket Any person desiring to intervene or to Section 204 Authorization protest should file with the Federal This is a supplemental notice in the DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 above-referenced proceeding, of Power First Street NE., Washington, DC 20426, Dave Fund LLC’s application for Federal Energy Regulatory in accordance with Rules 211 and 214 market-based rate authority, with an Commission of the Commission’s Rules of Practice accompanying rate schedule, noting that [Docket No. ER12–2219–000] and Procedure (18 CFR 385.211 and such application includes a request for 385.214). Anyone filing a motion to blanket authorization, under 18 CFR W Power, LLC; Supplemental Notice intervene or protest must serve a copy part 34, of future issuances of securities That Initial Market-Based Rate Filing of that document on the Applicant. and assumptions of liability. Includes Request for Blanket Section Notice is hereby given that the Any person desiring to intervene or to 204 Authorization deadline for filing protests with regard protest should file with the Federal to the applicant’s request for blanket Energy Regulatory Commission, 888 This is a supplemental notice in the authorization, under 18 CFR part 34, of First Street NE., Washington, DC 20426, above-referenced proceeding, of W future issuances of securities and in accordance with Rules 211 and 214 Power, LLC’s application for market- assumptions of liability is August 1, of the Commission’s Rules of Practice based rate authority, with an 2012. and Procedure (18 CFR 385.211 and accompanying rate schedule, noting that The Commission encourages 385.214). Anyone filing a motion to such application includes a request for electronic submission of protests and intervene or protest must serve a copy blanket authorization, under 18 CFR interventions in lieu of paper, using the of that document on the Applicant. part 34, of future issuances of securities FERC Online links at http:// Notice is hereby given that the and assumptions of liability. www.ferc.gov. To facilitate electronic deadline for filing protests with regard Any person desiring to intervene or to service, persons with Internet access to the applicant’s request for blanket protest should file with the Federal who will eFile a document and/or be authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 listed as a contact for an intervenor future issuances of securities and First Street NE., Washington, DC 20426, must create and validate an assumptions of liability is August 1, in accordance with Rules 211 and 214 eRegistration account using the 2012. of the Commission’s Rules of Practice

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and Procedure (18 CFR 385.211 and accompanying rate schedule, noting that DEPARTMENT OF ENERGY 385.214). Anyone filing a motion to such application includes a request for intervene or protest must serve a copy blanket authorization, under 18 CFR Federal Energy Regulatory of that document on the Applicant. part 34, of future issuances of securities Commission Notice is hereby given that the and assumptions of liability. deadline for filing protests with regard [Docket No. CP12–481–000] Any person desiring to intervene or to to the applicant’s request for blanket protest should file with the Federal authorization, under 18 CFR part 34, of Texas Gas Transmission, LLC; Notice future issuances of securities and Energy Regulatory Commission, 888 of Request Under Blanket assumptions of liability is August 1, First Street NE., Washington, DC 20426, Authorization in accordance with Rules 211 and 214 2012. Take notice that on July 2, 2012 Texas of the Commission’s Rules of Practice The Commission encourages Gas Transmission, LLC (Texas Gas), and Procedure (18 CFR 385.211 and electronic submission of protests and 3800 Frederica Street, Owensboro, interventions in lieu of paper, using the 385.214). Anyone filing a motion to Kentucky 42301, filed in Docket No. FERC Online links at http:// intervene or protest must serve a copy CP12–481–000, a prior notice request www.ferc.gov. To facilitate electronic of that document on the Applicant. pursuant to sections 157.205 and service, persons with Internet access Notice is hereby given that the 157.208 of the Commission’s who will eFile a document and/or be deadline for filing protests with regard Regulations under the Natural Gas Act listed as a contact for an intervenor to the applicant’s request for blanket for authorization to replace and relocate must create and validate an authorization, under 18 CFR part 34, of approximately 9.3 miles of 12-inch eRegistration account using the future issuances of securities and diameter pipeline between mileposts eRegistration link. Select the eFiling assumptions of liability is August 1, 104.04 and 113.33 with approximately link to log on and submit the 2012. 11.9 miles of new 12-inch diameter intervention or protests. pipeline from mileposts 104.04 to The Commission encourages Persons unable to file electronically 115.92 located in Sullivan County, should submit an original and 14 copies electronic submission of protests and Indiana. This removal and relocation of the intervention or protest to the interventions in lieu of paper, using the will allow Peabody Bear Run Mining, Federal Energy Regulatory Commission, FERC Online links at http:// LLC to surface mine the area where the 888 First St. NE., Washington, DC www.ferc.gov. To facilitate electronic existing pipeline is located, all as more 20426. service, persons with Internet access fully set forth in the application which The filings in the above-referenced who will eFile a document and/or be is on file with the Commission and open proceeding(s) are accessible in the listed as a contact for an intervenor to public inspection. The filing may also Commission’s eLibrary system by must create and validate an be viewed on the web at http:// clicking on the appropriate link in the eRegistration account using the www.ferc.gov using the ‘‘eLibrary’’ link. above list. They are also available for eRegistration link. Select the eFiling Enter the docket number excluding the review in the Commission’s Public link to log on and submit the last three digits in the docket number Reference Room in Washington, DC intervention or protests. field to access the document. For There is an eSubscription link on the Persons unable to file electronically assistance, contact FERC at web site that enables subscribers to [email protected] or call receive email notification when a should submit an original and 14 copies of the intervention or protest to the toll-free, (866) 208–3676 or TTY, (202) document is added to a subscribed 502–8659. Federal Energy Regulatory Commission, docket(s). For assistance with any FERC Any questions regarding this 888 First St. NE., Washington, DC Online service, please email application should be directed to Kathy 20426. [email protected] or call D. Fort, Manager of Certificates and (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced Tariffs, Texas Gas Transmission, LLC, (202) 502–8659. proceeding(s) are accessible in the 3800 Frederica Street, Owensboro, Dated: July 12, 2012. Commission’s eLibrary system by Kentucky, 42301, or call (270) 688– Nathaniel J. Davis, Sr., clicking on the appropriate link in the 6825, or fax (270) 688–5871, or by email Deputy Secretary. above list. They are also available for [email protected]. Any person may, within 60 days after [FR Doc. 2012–17428 Filed 7–17–12; 8:45 am] review in the Commission’s Public the issuance of the instant notice by the BILLING CODE 6717–01–P Reference Room in Washington, DC There is an eSubscription link on the Commission, file pursuant to Rule 214 web site that enables subscribers to of the Commission’s Procedural Rules DEPARTMENT OF ENERGY receive email notification when a (18 CFR 385.214) a motion to intervene document is added to a subscribed or notice of intervention. Any person Federal Energy Regulatory docket(s). For assistance with any FERC filing to intervene or the Commission’s Commission Online service, please email staff may, pursuant to section 157.205 of the Commission’s Regulations under the [ Docket No. ER12–2215–000] [email protected] or call (866) 208–3676 (toll free). For TTY, call NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within Spion Kop Wind, LLC; Supplemental (202) 502–8659. Notice That Initial Market-Based Rate the time allowed therefore, the proposed Dated: July 12, 2012. Filing Includes Request for Blanket activity shall be deemed to be Section 204 Authorization Nathaniel J. Davis, Sr., authorized effective the day after the Deputy Secretary. time allowed for protest. If a protest is This is a supplemental notice in the [FR Doc. 2012–17426 Filed 7–17–12; 8:45 am] filed and not withdrawn within 30 days above-referenced proceeding, of Spion after the time allowed for filing a BILLING CODE 6717–01–P Kop Wind, LLC’s application for protest, the instant request shall be market-based rate authority, with an treated as an application for

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authorization pursuant to section 7 of ADDRESSES: Submit your comments, viewing at http://www.regulations.gov, the NGA. referencing docket ID number EPA–HQ– as EPA receives them and without Persons who wish to comment only OECA–2011–0270, to: (1) EPA online change, unless the comment contains on the environmental review of this using www.regulations.gov (our copyrighted material, Confidential project should submit an original and preferred method), or by email to: Business Information (CBI), or other two copies of their comments to the [email protected], or by mail to: EPA information whose public disclosure is Secretary of the Commission. Docket Center (EPA/DC), Environmental restricted by statute. For further Environmental commenter’s will be Protection Agency, Enforcement and information about the electronic docket, placed on the Commission’s Compliance Docket and Information go to www.regulations.gov. environmental mailing list, will receive Center, mail code 28221T, 1200 Title: NSPS for Petroleum Dry copies of the environmental documents, Pennsylvania Avenue NW., Washington, Cleaners (Renewal). and will be notified of meetings DC 20460; and (2) OMB at: Office of ICR Numbers: EPA ICR Number associated with the Commission’s Information and Regulatory Affairs, 0997.10, OMB Control Number 2060– environmental review process. Office of Management and Budget 0079. Environmental commenter’s will not be (OMB), Attention: Desk Officer for EPA, ICR Status: This ICR is scheduled to required to serve copies of filed 725 17th Street NW., Washington, DC expire on August 31, 2012. Under OMB documents on all other parties. 20503. regulations, the Agency may continue to conduct or sponsor the collection of However, the non-party commentary, FOR FURTHER INFORMATION CONTACT: information while this submission is will not receive copies of all documents Learia Williams, Monitoring, filed by other parties or issued by the pending at OMB. Assistance, and Media Programs Abstract: The New Source Commission (except for the mailing of Division, Office of Compliance, Mail Performance Standards (NSPS) for the environmental documents issued by the Code 2227A, Environmental Protection Petroleum Dry Cleaners (40 CFR part 60, Commission) and will not have the right Agency, 1200 Pennsylvania Avenue subpart JJJ) were proposed on December to seek court review of the NW., Washington, DC 20460; telephone 14, 1982, promulgated on September 21, Commission’s final order. number: (202) 564–4113; fax number: 1984, and amended on October 17, The Commission strongly encourages (202) 564–0050; email address: 2000. The affected entities are subject to electronic filings of comments, protests, [email protected]. the General Provisions of the NSPS at 40 and interventions via the internet in lieu SUPPLEMENTARY INFORMATION: EPA has CFR part 60, subpart A and any changes, of paper. See 18 CFR 385.2001(a)(1)(iii) submitted the following ICR to OMB for or additions to the Provisions specified and the instructions on the review and approval according to the at 40 CFR part 60, subpart JJJ. Commission’s Web site (www.ferc.gov) procedures prescribed in 5 CFR 1320.12. Owners or operators of the affected under the ‘‘e-Filing’’ link. On May 9, 2011 (76 FR 26900), EPA facilities must make an initial Dated: July 11, 2012. sought comments on this ICR pursuant notification, performance tests, periodic Kimberly D. Bose, to 5 CFR 1320.8(d). EPA received no reports, and maintain records of the Secretary. comments. Any additional comments on occurrence and duration of any startup, [FR Doc. 2012–17413 Filed 7–17–12; 8:45 am] this ICR should be submitted to EPA shutdown, or malfunction in the BILLING CODE 6717–01–P and OMB within 30 days of this notice. operation of an affected facility, or any EPA has established a public docket period during which the monitoring for this ICR under docket ID number system is inoperative. Reports, at a EPA–HQ–OECA–2011–0270, which is minimum, are required semiannually. ENVIRONMENTAL PROTECTION available for public viewing online at Burden Statement: The annual public AGENCY http://www.regulations.gov, or in person reporting and recordkeeping burden for [EPA–HQ–OECA–2011–0270; FRL–9520–2] viewing at the Enforcement and this collection of information is Compliance Docket in the EPA Docket estimated to average 22 hours per Agency Information Collection Center (EPA/DC), EPA West, Room response. ‘‘Burden’’ means the total Activities; Submission to OMB for 3334, 1301 Constitution Avenue NW., time, effort, or financial resources Review and Approval; Comment Washington, DC. The EPA Docket expended by persons to generate, Request; NSPS for Petroleum Dry Center Public Reading Room is open maintain, retain, or disclose or provide Cleaners (Renewal) from 8:30 a.m. to 4:30 p.m., Monday information to or for a Federal agency. through Friday, excluding legal This includes the time needed to review AGENCY: Environmental Protection holidays. The telephone number for the instructions; develop, acquire, install, Agency (EPA). Reading Room is (202) 566–1744, and and utilize technology and systems for ACTION: Notice. the telephone number for the the purposes of collecting, validating, Enforcement and Compliance Docket is and verifying information, processing SUMMARY: In compliance with the (202) 566–1752. and maintaining information, and Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and disclosing and providing information; 3501 et seq.), this document announces comment system at http:// adjust the existing ways to comply with that an Information Collection Request www.regulations.gov, to either submit or any previously applicable instructions (ICR) has been forwarded to the Office view public comments, access the index and requirements which have of Management and Budget (OMB) for listing of the contents of the docket, and subsequently changed; train personnel review and approval. This is a request to access those documents in the docket to be able to respond to a collection of to renew an existing approved that are available electronically. Once in information; search data sources; collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then complete and review the collection of below describes the nature of the key in the docket ID number identified information; and transmit or otherwise collection and the estimated burden and above. Please note that EPA’s policy is disclose the information. cost. that public comments, whether Respondents/Affected Entities: DATES: Additional comments may be submitted electronically or in paper, Owners and operators of petroleum dry submitted on or before August 17, 2012. will be made available for public cleaners.

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Estimated Number of Respondents: [email protected] or by mail to: identifies a comment containing 20. Document Control Office (DCO), Office copyrighted material, EPA will provide Frequency of Response: Initially. of Pollution Prevention and Toxics a reference to that material in the Estimated Total Annual Hour Burden: (OPPT), Environmental Protection version of the comment that is placed in 1,849. Agency, Mail Code: 7407T, 1200 www.regulations.gov. The entire printed Estimated Total Annual Cost: Pennsylvania Ave. NW., Washington, comment, including the copyrighted $177,191, which includes $177,191 in DC 20460, and (2) OMB at: Office of material, will be available in the public labor costs exclusively, with no capital/ Information and Regulatory Affairs, docket. Although identified as an item startup costs, and no operation and Office of Management and Budget in the official docket, information maintenance (O&M) costs. (OMB), Attention: Desk Officer for EPA, claimed as CBI, or whose disclosure is Changes in the Estimates: There is an 725 17th Street NW., Washington, DC otherwise restricted by statute, is not increase in labor hours for both the 20503. included in the official public docket, respondents and the Agency in this ICR FOR FURTHER INFORMATION CONTACT: and will not be available for public compared to the previous ICR. The Pamela Myrick, Acting Director, viewing in www.regulations.gov. For adjustment increase is due to an Environmental Assistance Division, further information about the electronic increase in the number of new or Office of Pollution Prevention and docket, go to www.regulations.gov. modified sources. This increase is not Toxics, Environmental Protection Title: Health and Safety Data due to any program changes. There is Agency, Mail code: 7408–M, 1200 Reporting, Submission of Lists and also an increase in the total labor and Pennsylvania Ave., NW., Washington, Copies of Health and Safety Studies. ICR Status: This is a request to renew Agency costs as currently identified in DC 20460; telephone number: 202–554– an existing approved collection. This the OMB Inventory of Approved 1404; email address: TSCA- ICR is scheduled to expire on October Burdens. The change in cost estimates [email protected]. reflects the changes in respondent 31, 2012. Under OMB regulations, the numbers (described above) and updated SUPPLEMENTARY INFORMATION: EPA has Agency may continue to conduct or labors rates available from the Bureau of submitted the following ICR to OMB for sponsor the collection of information Labor Statistics. review and approval according to the while this submission is pending at procedures prescribed in 5 CFR 1320.12. OMB. John Moses, On January 25, 2012 (77 FR 3766), EPA Abstract: Section 8(d) of the Toxic Director, Collection Strategies Division. sought comments on this renewal Substances Control Act (TSCA) and 40 [FR Doc. 2012–17484 Filed 7–17–12; 8:45 am] pursuant to 5 CFR 1320.8(d). EPA CFR part 716 require manufacturers and BILLING CODE 6560–50–P received no comments during the processors of chemicals to submit lists comment period. Any comments related and copies of health and safety studies to this ICR should be submitted to EPA relating to the health and/or ENVIRONMENTAL PROTECTION and OMB within 30 days of this notice. environmental effects of certain AGENCY EPA has established a public docket chemical substances and mixtures. In for this ICR under Docket ID No. EPA [EPA–HQ–OPPT–2011–0777; FRL–9520–5; order to comply with the reporting EPA ICR No. 0575.13, OMB No. 2070–0004] EPA–HQ–OPPT–2011–0777, which is requirements of section 8(d), available for online viewing at http:// respondents must search their records to Agency Information Collection www.regulations.gov, or in person identify any health and safety studies in Activities; Submission to OMB for inspection at the Pollution Prevention their possession, copy and process Review and Approval; Comment and Toxics Docket in the EPA Docket relevant studies, list studies that are Request; Health and Safety Data Center (EPA/DC), EPA West, Room currently in progress, and submit this Reporting, Submission of Lists and 3334, 1301 Constitution Ave. NW., information to EPA. Copies of Health and Safety Studies Washington, DC. The EPA Docket EPA uses this information to Center Public Reading Room is open construct a complete picture of the AGENCY: Environmental Protection from 8 a.m. to 4:30 p.m., Monday known effects of the chemicals in Agency (EPA). through Friday, excluding legal question, leading to determinations by ACTION: Notice. holidays. The telephone number for the EPA of whether additional testing of the Reading Room is 202–566–1744, and the chemicals is required. The information SUMMARY: In compliance with the telephone number for the Pollution enables EPA to base its testing decisions Paperwork Reduction Act, this Prevention and Toxics Docket is 202– on the most complete information document announces that the following 566–0280. Use www.regulations.gov to available and to avoid demands for Information Collection Request (ICR) submit or view public comments, access testing that may be duplicative. EPA has been forwarded to the Office of the index listing of the contents of the uses information obtained via this Management and Budget (OMB) for public docket, and to access those collection to support its investigation of review and approval: Health and Safety documents in the public docket that are the risks posed by chemicals and, in Data Reporting, Submission of Lists and available electronically. Once in the particular, to support its decisions on Copies of Health and Safety Studies. system, select ‘‘search,’’ then key in the whether to require industry to test The ICR, which is abstracted below, docket ID number identified above. chemicals under section 4 of TSCA. describes the nature of the information EPA’s policy is that public comments, Responses to the collection of collection activity and its expected whether submitted electronically or in information are mandatory (see 40 CFR burden and costs. paper, will be made available for public part 716). Respondents may claim all or DATES: Additional comments may be viewing in www.regulations.gov as EPA part of a notice as CBI. EPA will submitted on or before August 17, 2012. receives them and without change, disclose information that is covered by ADDRESSES: Submit your comments, unless the comment contains a CBI claim only to the extent permitted referencing docket ID Number EPA– copyrighted material, confidential by, and in accordance with, the HQ–OPPT–2011–0777 to (1) EPA online business information (CBI), or other procedures in 40 CFR part 2. using www.regulations.gov (our information whose public disclosure is An agency may not conduct or preferred method), by email to restricted by statute. When EPA sponsor, and a person is not required to

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respond to, a collection of information Information Collection Request (ICR): What should I consider when I prepare unless it displays a currently valid OMB Regulations.gov Information Collection, my comments for EPA? control number. The OMB control OMB Control Number 2025–0008, EPA You may find the following numbers for EPA’s regulations in title 40 ICR Number 2357.04. Before submitting suggestions helpful for preparing your of the CFR, after appearing in the this ICR to OMB for review and comments. 1. Explain your views as Federal Register, are listed in 40 CFR approval, EPA is soliciting comments on clearly as possible and provide specific part 9 and included on the related specific aspects of the proposed examples. 2. Describe any assumptions collection instrument or form, if information collection as described that you used. 3. Provide copies of any applicable. below. technical information and/or data you Burden Statement: The annual public DATES: Comments must be submitted on used that support your views. 4. If you reporting and recordkeeping burden for or before September 17, 2012. estimate potential burden or costs, this collection of information is ADDRESSES: Submit your comments, explain how you arrived at the estimate estimated to average about 9.7 hours per referencing Docket ID No. EPA–HQ– that you provide. 5. Offer alternative response. Burden is defined in 5 CFR OEI–2012–0547, to (1) EPA online using ways to improve the collection activity. 1320.3(b). www.regulations.gov (our preferred 6. Make sure to submit your comments Respondents/Affected Entities: method), by email to by the deadline identified under DATES. Entities potentially affected by this [email protected], by mail to: 7. To ensure proper receipt by EPA, be action are companies that manufacture, EPA Docket Center, Environmental sure to identify the ICR title on the first process, import, or distribute in Protection Agency, mail code 28221T, page of your response. You may also commerce chemical substances or 1200 Pennsylvania Ave. NW., provide the Federal Register citation. mixtures. Washington, DC 20460, or by hand Frequency of Collection: On occasion. delivery: EPA Docket Center, EPA West What Information Collection Activity or Estimated average number of Bldg, Room 3334, 1301 Constitution ICR does this apply to? responses for each respondent: 1.2. Ave. NW., Washington, DC 20460. Such Title: Regulations.gov Information Estimated No. of Respondents: 119. deliveries are only accepted during the Collection. OMB Control Number: 2025– Estimated Total Annual Burden on Docket’s normal hours of operation. 0008. Respondents: 1,364 hours. FOR FURTHER INFORMATION CONTACT: Abstract: In response to the Estimated Total Annual Costs: Shanita Brackett, OEI/OIC/CStD at the Presidential memorandum, the $88,588. Environmental Protection Agency, 1200 eRulemaking Program launched the Changes in Burden Estimates: This Pennsylvania Ave. NW., (2822T), Regulations.gov ‘feedback exchange’ request reflects an increase of 908 hours Washington, DC 20460; telephone Web site in May 2009. This interactive (from 456 hours to 1,364 hours) in the number (202) 566–1008; fax number Web site showcases new technologies total estimated respondent burden from (202) 566–1008: email address: being considered for the Regulations.gov that currently in the OMB inventory. [email protected]. ‘feedback exchange’ and This increase reflects EPA’s revised SUPPLEMENTARY INFORMATION: Regulations.gov, as well as other estimate for the rate of chemical agency-specific initiatives and additions (from 20 to 70 chemicals per What information is EPA particularly rulemaking activities. The ‘feedback year) and to the episodic nature of interested in? exchange’ serves as a learning laboratory rulemakings that add chemicals to the Pursuant to section 3506(c)(2)(A) of for open government, enabling the TSCA section 8(d) list. The Supporting the PRA, EPA specifically solicits public to provide input on the Statement provides details about the comments and information to enable it Regulations.gov interface, build a change in burden estimate. The change to: (i) Evaluate whether the proposed community of practice on the Federal is an adjustment. collection of information is necessary regulatory development process, and John Moses, for the proper performance of the ensure that the eRulemaking Program Director, Collection Strategies Division. functions of the Agency, including can efficiently manage federal resources [FR Doc. 2012–17468 Filed 7–17–12; 8:45 am] whether the information will have by testing new tools before they are launched. New technologies considered BILLING CODE 6560–50–P practical utility; (ii) Evaluate the accuracy of the Agency’s estimate of the for the Regulations.gov ‘feedback burden of the proposed collection of exchange’ and Regulations.gov include: ENVIRONMENTAL PROTECTION information, including the validity of User Profiles; Comment Threads and AGENCY the methodology and assumptions used; Wikis; Ratings, Polls, and Tagging; an (iii) Enhance the quality, utility, and interactive Educational Tool; and [EPA–HQ–OEI–2012–0547, FRL–9520–4] clarity of the information to be Information Export and Sharing capabilities, such as application Agency Information Collection collected; and (iv) Minimize the burden of the collection of information on those programming interfaces (or APIs). These Activities; Proposed Collection; who are to respond, including through technologies have been deployed Comment Request; Regulations.gov the use of appropriate automated iteratively, with some components Information Collection electronic, mechanical, or other deployed upon the site’s original release AGENCY: Environmental Protection technological collection techniques or in May 2009, and others deployed Agency (EPA). other forms of information technology, during updates throughout the last three ACTION: Notice. e.g., permitting electronic submission of years. Other components are still being responses. In particular, EPA is considered and will be released during SUMMARY: In compliance with the requesting comments from very small subsequent upgrades to the Paperwork Reduction Act (PRA), this businesses (those that employ less than Regulations.gov ‘feedback exchange’ document announces that EPA is 25) on examples of specific additional and Regulations.gov. User profiles planning to submit a request to the efforts that EPA could make to reduce enable the public to register on the site Office of Management and Budget the paperwork burden for very small and pre-load submitter information for (OMB) to renew the following existing businesses affected by this collection. later use as well as save their own

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personalized searches, RSS feeds, and Estimated Total Annual Burden [email protected] or by mail to: email alerts without the use of Hours: 35 hours. Document Control Office (DCO), Office persistent cookies. Comment Threads Estimated Total Annual Capital and of Pollution Prevention and Toxics allow the public to enter into virtual Operations and Maintenance Costs: (OPPT), Environmental Protection conversations with one another about a $30,000. Agency, Mail Code: 7407T, 1200 Pennsylvania Ave. NW., Washington, topic. Wikis enable the public to What is the next step in the process for DC 20460, and (2) OMB at: Office of collaboratively develop and modify this ICR? narrative descriptions about a topic. Information and Regulatory Affairs, Ratings and Polls allow the public to EPA will consider the comments Office of Management and Budget indicate a preference for a topic or issue received and amend the ICR as (OMB), Attention: Desk Officer for EPA, via the selection of stars or thumbs appropriate. The final ICR package will 725 17th Street NW., Washington, DC up/thumbs down icons which then be submitted to OMB for review 20503. and approval pursuant to 5 CFR graphically provide an at-a-glance FOR FURTHER INFORMATION CONTACT: 1320.12. At that time, EPA will issue indication of public sentiment and can Pamela Myrick, Acting Director, simplify navigation. Tagging provides another Federal Register notice Environmental Assistance Division, the public with the ability to tag or label pursuant to 5 CFR 1320.5(a)(1)(iv) to Office of Pollution Prevention and information they or someone else has announce the submission of the ICR to Toxics, Environmental Protection posted to the site to ease navigation and OMB and the opportunity to submit Agency, Mail code: 7408–M, 1200 to promote the formation of common additional comments to OMB. If you Pennsylvania Ave. NW., Washington, interest categories. The Educational have any questions about this ICR or the DC 20460; telephone number: 202–554– Tool informs the public about the approval process, please contact the 1404; email address: TSCA- Federal rulemaking process through person listed under FOR FURTHER [email protected]. interactive text and images. The Data INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: EPA has Export capability and APIs enable the John Moses, submitted the following ICR to OMB for public to download and review the Director, Collection Strategies Division. review and approval according to the contents of a rulemaking docket as well [FR Doc. 2012–17486 Filed 7–17–12; 8:45 am] procedures prescribed in 5 CFR 1320.12. as mix and match such information with BILLING CODE 6560–50–P On October 25, 2011 (76 FR 66061), EPA other information in new and sought comments on this renewal innovative ways. The Regulations.gov pursuant to 5 CFR 1320.8(d). EPA ‘‘feedback exchange’’ relies on feedback ENVIRONMENTAL PROTECTION received no comments during the from Government, Industry, Academia AGENCY comment period. Any comments related and Citizenry to improve [EPA–HQ–OPPT–2011–0699; FRL–9520–3] to this ICR should be submitted to EPA Regulations.gov as time goes on. and OMB within 30 days of this notice. Burden Statement: The annual public Agency Information Collection EPA has established a public docket reporting and recordkeeping burden for Activities; Submission to OMB for for this ICR under Docket ID No. EPA this collection of information is Review and Approval; Comment EPA–HQ–OPPT–2011–0699, which is estimated to average 35 hours per year. Request; Recordkeeping and available for online viewing at http:// Burden means the total time, effort, or Reporting Requirements for www.regulations.gov, or in person financial resources expended by persons Allegations of Significant Adverse inspection at the OPPT Docket in the to generate, maintain, retain, or disclose Reactions to Human Health or the EPA Docket Center (EPA/DC), EPA or provide information to or for a Environment West, Room 3334, 1301 Constitution Federal agency. This includes the time Ave. NW., Washington, DC. The EPA needed to review instructions; develop, AGENCY: Environmental Protection Docket Center Public Reading Room is acquire, install, and utilize technology Agency (EPA). open from 8 a.m. to 4:30 p.m., Monday and systems for the purposes of ACTION: Notice. through Friday, excluding legal collecting, validating, and verifying holidays. The telephone number for the information, processing and SUMMARY: In compliance with the Reading Room is 202–566–1744, and the maintaining information, and disclosing Paperwork Reduction Act, this telephone number for the Pollution and providing information; adjust the document announces that the following Prevention and Toxics Docket is 202– existing ways to comply with any Information Collection Request (ICR) 566–0280. Use www.regulations.gov to previously applicable instructions and has been forwarded to the Office of submit or view public comments, access requirements which have subsequently Management and Budget (OMB) for the index listing of the contents of the changed; train personnel to be able to review and approval: Recordkeeping public docket, and to access those respond to a collection of information; and Reporting Requirements for documents in the public docket that are search data sources; complete and Allegations of Significant Adverse available electronically. Once in the review the collection of information; Reactions to Human Health or the system, select ‘‘search,’’ then key in the and transmit or otherwise disclose the Environment; EPA ICR No. 1031.10, docket ID number identified above. information. OMB No. 2070–0017. The ICR, which is EPA’s policy is that public comments, The ICR provides a detailed abstracted below, describes the nature of whether submitted electronically or in explanation of the Agency’s estimate, the information collection activity and paper, will be made available for public which is only briefly summarized here: its expected burden and costs. viewing in www.regulations.gov as EPA Affected Entities: Anyone that DATES: Additional comments may be receives them and without change, chooses to visit Regulations.gov. submitted on or before August 17, 2012. unless the comment contains Estimated Total Number of Potential ADDRESSES: Submit your comments, copyrighted material, confidential Respondents: 1,000. referencing docket ID Number EPA– business information (CBI), or other Estimated Total Number of Potential HQ–OPPT–2011–0699 to (1) EPA online information whose public disclosure is Responses: 7,000. using www.regulations.gov (our restricted by statute. When EPA Frequency of Response: Occasionally. preferred method), by email to identifies a comment containing

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copyrighted material, EPA will provide Federal Register, are listed in 40 CFR 2012. However, written comments and a reference to that material in the part 9 and included on the related requests to make oral comments may be version of the comment that is placed in collection instrument or form, if submitted until the date of the meeting, www.regulations.gov. The entire printed applicable. but anyone submitting written comment, including the copyrighted Burden Statement: The annual public comments after August 28, 2012 should material, will be available in the public reporting and recordkeeping burden for contact the Designated Federal Official docket. Although identified as an item this collection of information is (DFO) listed under FOR FURTHER in the official docket, information estimated to range between INFORMATION CONTACT. For additional claimed as CBI, or whose disclosure is approximately 1 minute and 8 hours per instructions, see Unit I.C. of the otherwise restricted by statute, is not response, depending upon the type(s) of SUPPLEMENTARY INFORMATION. included in the official public docket, activity that a respondent must Nominations. Nominations of and will not be available for public complete. Burden is defined in 5 CFR candidates to serve as ad hoc members viewing in www.regulations.gov. For 1320.3(b). of FIFRA SAP for this meeting should further information about the electronic Respondents/Affected Entities: be provided on or before August 1, docket, go to www.regulations.gov. Entities potentially affected by this 2012. Title: Recordkeeping and Reporting action are companies that manufacture, Webcast. This meeting may be Requirements for Allegations of process, import, or distribute in webcast. Please refer to the FIFRA SAP’s Significant Adverse Reactions to Human commerce chemical substances or Web site, http://www.epa.gov/scipoly/ Health or the Environment. mixtures. sap for information on how to access the ICR Status: This is a request to renew Frequency of Collection: On occasion. webcast. Please note that the webcast is an existing approved collection. This Estimated No. of Respondents: a supplementary public process ICR is scheduled to expire on August 13,951. provided only for convenience. If 31, 2012. Under OMB regulations, the Estimated Total Annual Burden on difficulties arise resulting in webcasting Agency may continue to conduct or Respondents: 26,978 hours. outages, the meeting will continue as sponsor the collection of information Estimated Total Annual Costs: planned. while this submission is pending at $1,797,800. Special accommodations. For OMB. Changes in Burden Estimates: This information on access or services for Abstract: TSCA section 8(c) requires request reflects an increase of 3,442 individuals with disabilities, and to companies that manufacture, process, or hours (from 23,536 hours to 26,978 request accommodation of a disability, distribute chemicals to maintain records hours) in the total estimated respondent please contact the DFO listed under FOR of significant adverse reactions to health burden from that currently in the OMB FURTHER INFORMATION CONTACT at least or the environment alleged to have been inventory. This increase reflects EPA’s 10 days prior to the meeting to give EPA caused by such chemicals. Since section estimate of a greater number of potential as much time as possible to process 8(c) includes no automatic reporting respondents affected by the reporting your request. provision, EPA can obtain and use the requirement. The Supporting Statement ADDRESSES: information contained in company files provides details about the change in The meeting will be held at only by inspecting those files or burden estimate. The change is an the Environmental Protection Agency, requiring reporting of records that relate adjustment. Conference Center, Lobby Level, One to specific substances of concern. Potomac Yard (South Bldg.), 2777 S. Therefore, under certain conditions, and John Moses, Crystal Dr., Arlington, VA 22202. using the provisions found in 40 CFR Director, Collection Strategies Division. Submit your comments, identified by part 717, EPA may require companies to [FR Doc. 2012–17485 Filed 7–17–12; 8:45 am] docket identification (ID) number EPA– report such allegations to the Agency. BILLING CODE 6560–50–P HQ–OPP–2012–0543 by one of the EPA uses such information on a case- following methods: specific basis to corroborate suspected • Federal eRulemaking Portal: http:// adverse health or environmental effects ENVIRONMENTAL PROTECTION www.regulations.gov. Follow the online of chemicals already under review by AGENCY instructions for submitting comments. Do not submit electronically any EPA. The information is also useful to [EPA–HQ–OPP–2012–0543; FRL–9355–3] identify trends of adverse effects across information you consider to be the industry that may not be apparent to FIFRA Scientific Advisory Panel; Confidential Business Information (CBI) any one chemical company. This ICR Notice of Public Meeting or other information whose disclosure is addresses the information reporting and restricted by statute. recordkeeping requirements found in 40 AGENCY: Environmental Protection • Mail: OPP Docket, Environmental CFR part 717. Agency (EPA). Protection Agency Docket Center (EPA/ Responses to the collection of ACTION: Notice. DC), Mail Code: 28221T, 1200 information are mandatory (see 40 CFR Pennsylvania Ave. NW., Washington, part 717). Respondents may claim all or SUMMARY: There will be a 4 day meeting DC 20460–0001. part of a notice as CBI. EPA will of the Federal Insecticide, Fungicide, • Hand Delivery: To make special disclose information that is covered by and Rodenticide Act Scientific Advisory arrangements for hand delivery or a CBI claim only to the extent permitted Panel (FIFRA SAP) to consider and delivery of boxed information, please by, and in accordance with, the review the Pollinator Risk Assessment follow the instructions at http:// procedures in 40 CFR part 2. Framework. www.epa.gov/dockets/contacts.htm. An agency may not conduct or DATES: The meeting will be held on Additional instructions on sponsor, and a person is not required to September 11–14, 2012, from commenting or visiting the docket, respond to, a collection of information approximately 9 a.m. to 5:30 p.m. along with more information about unless it displays a currently valid OMB Comments. The Agency encourages dockets generally, is available at control number. The OMB control that written comments be submitted by http://www.epa.gov/dockets. numbers for EPA’s regulations in title 40 August 28, 2012 and requests for oral Nominations, requests to present oral of the CFR, after appearing in the comments be submitted by September 4, comments, and requests for special

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accommodations. Submit nominations C. How may I participate in this meeting should have expertise in one or to serve as ad hoc members of FIFRA meeting? more of the following areas: Terrestrial SAP, requests for special seating You may participate in this meeting Community Ecology, Entomology accommodations, or requests to present by following the instructions in this (honeybee), Environmental Fate and oral comments to the DFO listed under unit. To ensure proper receipt by EPA, Transport, Plant Physiology/Uptake, FOR FURTHER INFORMATION CONTACT. it is imperative that you identify docket Residue Chemistry. Nominees should be FOR FURTHER INFORMATION CONTACT: Fred ID number EPA–HQ–OPP–2012–0543; scientists who have sufficient Jenkins, DFO, Office of Science in the subject line on the first page of professional qualifications, including Coordination and Policy (7201M), your request. training and experience, to be capable of Environmental Protection Agency, 1200 1. Written comments. The Agency providing expert comments on the Pennsylvania Ave. NW., Washington, encourages that written comments be scientific issues for this meeting. DC 20460–0001; telephone number: submitted, using the instructions in Nominees should be identified by name, occupation, position, address, and (202) 564–3327; fax number: (202) 564– ADDRESSES, no later than August 28, telephone number. Nominations should 8382; email address: 2012, to provide FIFRA SAP the time be provided to the DFO listed under FOR [email protected]. necessary to consider and review the FURTHER INFORMATION CONTACT on or written comments. Written comments SUPPLEMENTARY INFORMATION: before August 1, 2012. The Agency will are accepted until the date of the consider all nominations of prospective I. General Information meeting, but anyone submitting written candidates for this meeting that are comments after August 28, 2012 should A. Does this action apply to me? received on or before this date. contact the DFO listed under FOR This action is directed to the public However, final selection of ad hoc FURTHER INFORMATION CONTACT. Anyone in general. This action may, however, be members for this meeting is a submitting written comments at the of interest to persons who are or may be discretionary function of the Agency. meeting should bring 30 copies for required to conduct testing of chemical The selection of scientists to serve on distribution to FIFRA SAP. substances under the Federal Food, FIFRA SAP is based on the function of 2. Oral comments. The Agency Drug, and Cosmetic Act (FFDCA), the panel and the expertise needed to encourages that each individual or FIFRA, and the Food Quality Protection address the Agency’s charge to the group wishing to make brief oral Act of 1996 (FQPA). Since other entities panel. No interested scientists shall be comments to FIFRA SAP submit their may also be interested, the Agency has ineligible to serve by reason of their request to the DFO listed under FOR not attempted to describe all the specific membership on any other advisory FURTHER INFORMATION CONTACT no later entities that may be affected by this committee to a Federal department or than September 4, 2012, in order to be action. If you have any questions agency or their employment by a included on the meeting agenda. regarding the applicability of this action Federal department or agency except the Requests to present oral comments will to a particular entity, consult the DFO EPA. Other factors considered during be accepted until the date of the meeting listed under FOR FURTHER INFORMATION the selection process include and, to the extent that time permits, the CONTACT. availability of the potential panel Chair of FIFRA SAP may permit the member to fully participate in the B. What should I consider as I prepare presentation of oral comments at the panel’s reviews, absence of any conflicts my comments for EPA? meeting by interested persons who have of interest or appearance of lack of When submitting comments, not previously requested time. The impartiality, independence with respect remember to: request should identify the name of the to the matters under review, and lack of 1. Identify the document by docket ID individual making the presentation, the bias. Although, financial conflicts of number and other identifying organization (if any) the individual will interest, the appearance of lack of information (subject heading, Federal represent, and any requirements for impartiality, lack of independence, and Register date and page number). audiovisual equipment (e.g., overhead bias may result in disqualification, the 2. Follow directions. The Agency may projector, 35 mm projector, chalkboard). absence of such concerns does not ask you to respond to specific questions Oral comments before FIFRA SAP are assure that a candidate will be selected or organize comments by referencing a limited to approximately 5 minutes to serve on FIFRA SAP. Numerous Code of Federal Regulations (CFR) part unless prior arrangements have been qualified candidates are identified for or section number. made. In addition, each speaker should each panel. Therefore, selection 3. Explain why you agree or disagree; bring 30 copies of his or her comments decisions involve carefully weighing a suggest alternatives and substitute and presentation slides for distribution number of factors including the language for your requested changes. to the FIFRA SAP at the meeting. candidates’ areas of expertise and 4. Describe any assumptions and 3. Seating at the meeting. Seating at professional qualifications and provide any technical information and/ the meeting will be open and on a first- achieving an overall balance of different or data that you used. come basis. scientific perspectives on the panel. In 5. If you estimate potential costs or 4. Request for nominations to serve as order to have the collective breadth of burdens, explain how you arrived at ad hoc members of FIFRA SAP for this experience needed to address the your estimate in sufficient detail to meeting. As part of a broader process for Agency’s charge for this meeting, the allow for it to be reproduced. developing a pool of candidates for each Agency anticipates selecting 6. Provide specific examples to meeting, FIFRA SAP staff routinely approximately 8 ad hoc scientists. illustrate your concerns and suggest solicits the stakeholder community for FIFRA SAP members are subject to alternatives. nominations of prospective candidates the provisions of 5 CFR part 2634, 7. Explain your views as clearly as for service as ad hoc members of FIFRA Executive Branch Financial Disclosure, possible, avoiding the use of profanity SAP. Any interested person or as supplemented by the EPA in 5 CFR or personal threats. organization may nominate qualified part 6401. In anticipation of this 8. Make sure to submit your individuals to be considered as requirement, prospective candidates for comments by the comment period prospective candidates for a specific service on the FIFRA SAP will be asked deadline identified. meeting. Individuals nominated for this to submit confidential financial

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information which shall fully disclose, B. Public Meeting practices are among the factors being among other financial interests, the This U.S. Environmental Protection considered. Surveys of managed candidate’s employment, stocks and Agency (EPA) FIFRA Scientific migratory bee colonies indicate that a bonds, and where applicable, sources of Advisory Panel (SAP) meeting will broad range of pesticides have been research support. The EPA will evaluate focus on a proposed tiered process for detected in hive products (e.g., honey, the candidates financial disclosure form quantitatively evaluating the potential stored pollen, wax). Typically, to assess whether there are financial risk to pollinators (using honeybees pesticides occur in combination with conflicts of interest, appearance of a (Apis mellifera) as surrogate) associated other pesticides. In spite of the presence lack of impartiality or any prior with the registered use of both systemic of these compounds in honeybee involvement with the development of and non-systemic pesticides and the colonies, at this time, based on the the documents under consideration exposure and effects data needed to available research there has been no correlation between pollinator declines (including previous scientific peer support that process. During this SAP, in general and the use of any pesticide review) before the candidate is the EPA will provide an overview of the proposed tiered process for quantifying or class of pesticides. considered further for service on FIFRA Although, the role of pesticides in the potential risks of pesticides to SAP. Those who are selected from the pollinator declines has not been well honeybees. This overview will reflect pool of prospective candidates will be established, global experts from collective efforts with Health Canada asked to attend the public meetings and different disciplines (e.g., chemistry, Pest Management Regulatory Agency to participate in the discussion of key ecotoxicology and entomologists) and (PMRA), and California Department of issues and assumptions at these across various sectors (e.g., government, meetings. In addition, they will be asked Pesticide Regulation (CalDPR). This will academia and industry) agree on the to review and to help finalize the include an overview of the problem need to advance the science to better meeting minutes. The list of FIFRA SAP formulation step, where protection goals assess potential exposure, hazard and members participating at this meeting are defined, along with the conceptual risk to honey bees and other pollinators will be posted on the FIFRA SAP Web model depicting potential routes of from pesticides used in agriculture. The site at http://www.epa.gov/scipoly/sap exposure and biological receptors proposed process which the SAP will be or may be obtained from the OPP ranging from the individual bee (larvae asked to consider reflects a synthesis of Regulatory Public Docket at http:// and adult) to the whole colony. domestic and international efforts to www.regulations.gov. Consistent with the risk assessment develop a means for quantifying the process for other taxa, the proposed potential effects of pesticides to bees. II. Background process will consist of a screening-level Consistent with the current risk tier based on conservative assumptions A. Purpose of FIFRA SAP assessment paradigm used by EPA, regarding exposure and laboratory-based CalDPR, PMRA and other regulatory FIFRA SAP serves as the primary measures of effect and extending to authorities globally, the proposed scientific peer review mechanism of more refined estimates of risk based on selection of exposure and effects data EPA’s Office of Chemical Safety and field-based measures of exposure and follows a tiered approach intended to Pollution Prevention (OCSPP) and is effects that are more reflective of how address specific assessment endpoints structured to provide scientific advice, the pesticide may act under actual use of growth, survival and reproduction. information and recommendations to conditions. The proposed process is The decision criteria for transitioning to the EPA Administrator on pesticides intended to enhance the ability of EPA, higher tier testing will also be and pesticide-related issues as to the PMRA and CalDPR to reliably screen delineated. The collective aim of the impact of regulatory actions on health chemicals for direct and indirect effects, SAP will be to delineate a process for and the environment. FIFRA SAP is a specifically on managed honeybee qualitatively and quantitatively colonies, but EPA will also request Federal advisory committee established assessing risks to honeybees and by advice from the SAP on the usefulness in 1975 under FIFRA that operates in extension to other insect pollinators for of this framework for characterizing accordance with requirements of the which honeybees serve as surrogates. potential effects on other, non-Apis Federal Advisory Committee Act. FIFRA The development of a risk assessment pollinators.A number of sources have SAP is composed of a permanent panel process for honeybees and identification reported declines in certain pollinator consisting of seven members who are of the data needed to inform that species globally. Although a number of process relies on a clear articulation of appointed by the EPA Administrator factors/agents have been hypothesized the problem formulation and risk from nominees provided by the National as potential contributors to declines in management goals. Institutes of Health and the National honey bee health in general, at this time, Science Foundation. FIFRA, as no factor has been identified as the C. FIFRA SAP Documents and Meeting amended by FQPA, established a single cause. Rather, the available Minutes Science Review Board consisting of at science suggests that pollinator declines EPA’s background paper, related least 60 scientists who are available to are a result of multiple factors which supporting materials, charge/questions the SAP on an ad hoc basis to assist in may be acting in various combinations. to FIFRA SAP, FIFRA SAP composition reviews conducted by the SAP. As a Research is being directed at identifying (i.e., members and ad hoc members for peer review mechanism, FIFRA SAP the individual and combinations of this meeting), and the meeting agenda provides comments, evaluations and stressors that are most strongly will be available by approximately mid recommendations to improve the associated with pollinator declines. to late August. In addition, the Agency effectiveness and quality of analyses While the exact cause(s) of the general may provide additional background made by Agency scientists. Members of decline in pollinator species have not documents as the materials become FIFRA SAP are scientists who have been determined, potential contributing available. You may obtain electronic sufficient professional qualifications, factors including diseases, habitat copies of these documents, and certain including training and experience, to destruction/urbanization, agricultural other related documents that might be provide expert advice and practices/monocultures, pesticides, available electronically, at http:// recommendation to the Agency. nutrition, and bee management www.regulations.gov and the FIFRA

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SAP homepage at http://www.epa.gov/ 104(e)(6), concerning the Omo Dated: June 26, 2012. scipoly/sap. Manufacturing Superfund Site in James T. Owens, III, FIFRA SAP will prepare meeting Middletown, Connecticut with the Director, Office of Site Remediation and minutes summarizing its following settling parties: City of Restoration, Region 1. recommendations to the Agency Middletown, Connecticut and RLO [FR Doc. 2012–17501 Filed 7–17–12; 8:45 am] approximately 90 days after the Properties, Inc. The settlement requires: BILLING CODE 6560–50–P meeting. The meeting minutes will be (1) the City of Middletown, Connecticut posted on the FIFRA SAP Web site or to pay $2,800,000 to the Hazardous may be obtained from the OPP Substance Superfund in five equal FEDERAL MARITIME COMMISSION Regulatory Public Docket at http:// payments, with interest, over time; and www.regulations.gov. (2) RLO Properties, Inc. to provide EPA Notice of Agreements Filed List of Subjects and its representatives and contractors The Commission hereby gives notice Environmental protection, Pesticides access at all reasonable times to the Site of the filing of the following agreements and pests. and to any other property owned or under the Shipping Act of 1984. controlled by RLO Properties, Inc. to Interested parties may submit comments Dated: July 10, 2012. which access is determined by EPA to on the agreements to the Secretary, Frank Sanders, be required for the implementation of Federal Maritime Commission, Director, Office of Science Coordination and the settlement. The settlement includes Washington, DC 20573, within ten days Policy. a covenant not to sue pursuant to of the date this notice appears in the [FR Doc. 2012–17385 Filed 7–16–12; 8:45 am] Sections 106 and 107(a) of CERCLA, 42 Federal Register. Copies of the BILLING CODE 6560–50–P U.S.C. 9606 and 9607, relating to the agreements are available through the Site, and protection from contribution Commission’s Web site (www.fmc.gov) actions or claims as provided by or by contacting the Office of ENVIRONMENTAL PROTECTION Agreements at (202) 523–5793 or AGENCY Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f)(2) and [email protected]. [FRL–9700–8] 9622(h)(4). The settlement has been Agreement No.: 012119–001. Title: Maersk Line/CMA CGM TP5 Proposed CERCLA Administrative approved by the Environmental and Natural Resources Division of the Space Charter Agreement. Cost Recovery Settlement; City of Parties: A.P. Moller-Maersk A/S and United States Department of Justice. For Middletown, CT and RLO Properties, CMA CGM S.A. Inc., Omo Manufacturing Site, thirty (30) days following the date of Filing Parties: Wayne Rohde, Esq.; Middletown, CT publication of this notice, the Agency Cozen O’Connor; 1627 I Street NW.; will receive written comments relating Suite 1100; Washington, DC 20006. AGENCY: Environmental Protection to the settlement. The United States will Synopsis: The amendment would add Agency. consider all comments received and China to the geographic scope, add ACTION: Notice of proposed settlement; may modify or withdraw its consent to language reflecting the fact that request for public comment. the settlement if comments received Maersk’s TP5 service will be operated in disclose facts or considerations which cooperation with another carrier, and SUMMARY: Notice is hereby given of a indicate that the settlement is delete obsolete language. proposed administrative settlement for inappropriate, improper, or inadequate. recovery of response costs under Agreement No.: 012161–001. Title: Siem Car Carrier Pacific AS/ CERCLA, concerning the Omo The Agency’s response to any comments Hyundai Glovis Co., Ltd. Space Charter Manufacturing Superfund Site in received will be available for public Agreement. Middletown, Connecticut with the inspection at 5 Post Office Square, Boston, MA 02109–3912. Parties: Siem Car Carrier Pacific AS; following settling parties: City of Hyundai Glovis Co., Ltd. Middletown, Connecticut and RLO DATES: Comments must be submitted by Filing Party: Ashley W. Craig; Venable Properties, Inc. The settlement requires: August 17, 2012 of this notice. LLP; 575 Seventh Street NW., (1) The City of Middletown, Connecticut ADDRESSES: Comments should be Washington, DC 20004. to pay $2,800,000 to the Hazardous Synopsis: The amendment revises the addressed to Cynthia Lewis, Senior Substance Superfund in five equal geographic scope of the agreement to Enforcement Counsel, U.S. payments, with interest, over time; and include Asia (including, but not limited (2) RLO Properties, Inc. to provide EPA Environmental Protection Agency, 5 to Korea, Japan, Philippines, Singapore, and its representatives and contractors Post Office Square, Suite 100 (OES04– and China), and authorizes the mutual access at all reasonable times to the Site 3), Boston, MA 02109–3912 (Telephone chartering of space between the parties. and to any other property owned or No. 617–918–1889) and should refer to: Agreement No.: 012180. controlled by RLO Properties, Inc. to In re: Omo Manufacturing Superfund Title: Maersk/MSC Vessel Sharing which access is determined by EPA to Site, U.S. EPA Docket No. 01–2012– Agreement. be required for the implementation of 0040. Parties: A.P. Moller Maersk A/S and the settlement. MSC Mediterranean Shipping Company FOR FURTHER INFORMATION CONTACT: A SUPPLEMENTARY INFORMATION: In S.A. accordance with Section 122(i) of the copy of the proposed settlement may be Filing Party: Wayne R. Rohde, Comprehensive Environmental obtained from Cynthia Lewis, Senior Esquire; Cozen O’Connor; 1627 I Street Response Compensation, and Liability Enforcement Counsel, U.S. NW., Suite 1100; Washington, DC Act, as amended (‘‘CERCLA’’), 42 U.S.C. Environmental Protection Agency, 5 20006–4007. Section 9622(i), notice is hereby given Post Office Square, Suite 100 (OES04– Synopsis: The agreement authorizes of a proposed administrative settlement 3), Boston, MA 02109–3912 (Telephone the parties to share vessels in the trades for recovery of response costs under No. 617–918–1889); Email between China, Korea, and Japan, and CERCLA Section 122(h)(1) and [email protected]). ports in California and Alaska.

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Agreement No.: 201216. Intermediary (OTI) pursuant to section Kazuyoshi Ito, President/CFO, Title: Port of Oakland Truck Tracking 40901 of the Shipping Act of 1984 (46 Application Type: Add NVO Service. Program. U.S.C. 40101). Notice is also hereby Nidsan Shipping Inc. (NVO), 167 Parties: Port of Oakland; Eagle Marine given of the filing of applications to Madison Avenue, Suite 500, New Services; Ports America Outer Harbor amend an existing OTI license or the York, NY 10016, Officers: Liaquat U. Terminal, LLC; Seaside Transportation Qualifying Individual (QI) for a licensee. Begum, President (Qualifying Services; SSA terminals, LLC; SSA Interested persons may contact the Individual), Aziz Unnisa, Vice Terminals (Oakland), LLC; Total Office of Transportation Intermediaries, President, Application Type: New Terminals International, LLC; and Federal Maritime Commission, NVO License. Trapac, Inc. Washington, DC 20573, by telephone at Norman G. Jensen, Inc. dba Jensen Filing Party: David F. Smith, Esq., (202) 523–5843 or by email at Marine Services (NVO & OFF), 3050 Cozen O’Connor; 1627 I Street NW., [email protected]. Metro Drive, Suite 300, Minneapolis, Suite 1100; Washington, DC 20006– AG Technical Group, LLC (NVO & OFF), MN 55425, Officers: Scott Brunclik, 4007. 10894 Stinson Drive, Dallas, TX Assistant Vice President (Qualifying Synopsis: The agreement would 75217, Officer: Ephraim C. Eke, Individual), Gordon A. Jensen, provide for delivery of data to the Port Managing Director (Qualifying President, Application Type: QI of Oakland by the participating marine Individual), Application Type: New Change. terminal operators, and various NVO & OFF License. Novomarine Container Line LLC (NVO arrangements associated with that data Central Ohio Logistics Center, LLC & OFF), 1647 Capesterre Drive, delivery. (NVO), 11080 State Route 729, Orlando, FL 32824, Officer: Aleksey Agreement No.: 201217. Jeffersonville, OH 43128, Officers: Y. Demshin, Managing Member Title: Port of Long Beach Data David A. McElwain, Manager (Qualifying Individual), Application Services Agreement. (Qualifying Individual), David W. Type: QI Change. Parties: Port of Long Beach; PierPass Martin, Manager, Application Type: Inc.; Long Beach Container Terminal, PNG Worldwide, LLC (NVO & OFF), 120 New NVOCC License. Church Road, Lititz, PA 17543, Inc.; SSA Terminals, LLC; SSA DEC Global Logistics Inc. (OFF), 3803 Officers: Michelle L. Bisesi, COO Terminals (Long Beach), LLC; Cicada Lane, Houston, TX 77039, (Qualifying Individual), Patriciu N. International Transportation Services, Officers: David Alfaro, Vice President Glavce, President/Owner/Member, Inc.; Pacific Maritime Services, L.L.C.; (Qualifying Individual), Carlos E. Application Type: New NVO & OFF and Total Terminals International, LLC. Alfaro, President, Application Type: License. Filing Party: David F. Smith, Esq., Name Change. Cozen O’Connor; 1627 I Street NW., Roosevelt Elias dba E Global Shipping Seaway Export, LLC (NVO & OFF), Suite 1100; Washington, DC 20006– Line (NVO & OFF), 108 Inverness 175A Container Road, Savannah, GA 4007. Drive, Montgomery, TX 77356, 31415, Officer: Aleksey Anikin, Synopsis: The agreement would Officer: Roosevelt Elias, Sole Manager/President (Qualifying provide for delivery of data to the Port Proprietor (Qualifying Individual), Individual), Application Type: New of Long Beach by the participating Application Type: New NVO & OFF NVO & OFF License. marine terminal operators and PierPass License. Sermar Enterprises, Inc. (OFF), 7001 Inc., and various arrangements Garces & Garces Cargo Service, Inc. NW 84th Avenue, Miami, FL 33166, associated with that data delivery. (NVO & OFF), 2605 NW 75th Street, Officer: Sergio Martinez, President/ Secretary (Qualifying Individual), By Order of the Federal Maritime Miami, FL 33122, Officers: Luis A. Commission. Gonzalez, Vice President (Qualifying Application Type: New OFF License. Dated: July 13, 2012. Individual), Patricia Garces Ruiz, Dated: July 13, 2012. Karen V. Gregory, President, Application Type: New Karen V. Gregory, NVO & OFF License. Secretary. Secretary. Innocent Peter Ajaroh dba Innglo Global [FR Doc. 2012–17474 Filed 7–17–12; 8:45 am] [FR Doc. 2012–17473 Filed 7–17–12; 8:45 am] (OFF), 2427 Texana Way, Richmond, BILLING CODE 6730–01–P TX 77406, Officer: Innocent Peter BILLING CODE 6730–01–P Ajaroh, Sole Proprietor (Qualifying Individual), Application Type: New FEDERAL MARITIME COMMISSION FEDERAL MARITIME COMMISSION OFF License. Ocean Transportation Intermediary Mega Shipping, Inc. (NVO & OFF), 9550 Ocean Transportation Intermediary License Applicants Flair Drive, #409, El Monte, CA License Reissuances 91731, Officer: Yuwei Chen, CEDO/ Notice is hereby given that the Secretary/CFO (Qualifying Notice is hereby given that the following applicants have filed with the Individual), Application Type: Add following Ocean Transportation Federal Maritime Commission an OFF Service. Intermediary licenses have been application for a license as a Non- Meiko America, Inc. (NVO & OFF), reissued by the Federal Maritime Vessel-Operating Common Carrier 19600 Magellan Drive, Torrance, CA Commission pursuant to section 40901 (NVO) and/or Ocean Freight Forwarder 90502, Officers: Michael R. Sole, Vice of the Shipping Act of 1984 (46 U.S.C. (OFF)—Ocean Transportation President (Qualifying Individual), 40101).

License No. Name/address Date reissued

003918F ...... Benison International Transportation, Inc., 9740 Jordon Circle, Suite #A, June 5, 2012. Santa Fe Springs, CA 90670. 015101N ...... Northstar Shipping & Trading, Inc., 2855 Mangum Road, Suite 535, Hous- May 23, 2012. ton, TX 77092.

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Vern W. Hill, REASON: Failed to maintain a valid also will be available for inspection at Director, Bureau of Certification and bond. the offices of the Board of Governors. Licensing. LICENSE NUMBER: 019288N. Interested persons may express their [FR Doc. 2012–17475 Filed 7–17–12; 8:45 am] NAME: Kairos Logistics LLC. views in writing to the Reserve Bank BILLING CODE 6730–01–P ADDRESS: 13047 Artesia Blvd., Suite indicated for that notice or to the offices C–202, Cerritos, CA 90703. of the Board of Governors. Comments DATE REVOKED: May 23, 2012. must be received not later than August FEDERAL MARITIME COMMISSION REASON: Failed to maintain a valid 2, 2012. bond. A. Federal Reserve Bank of Richmond Ocean Transportation Intermediary (Adam M. Drimer, Assistant Vice LICENSE NUMBER: 020717NF. License; Revocations President) 701 East Byrd Street, NAME: SS-World Enterprise, Inc. dba The Federal Maritime Commission Richmond, Virginia 23261–4528: Smooth Shipping. 1. Zahid Aslam, Elkton, Maryland; hereby gives notice that the following ADDRESS: 305 NW 24th Street, Grand Michael Khatiwala, Voorhees, New Ocean Transportation Intermediary Prairie, TX 75050. Jersey; Michael Knapp, Lincoln licenses have been revoked pursuant to DATE REVOKED: June 22, 2012. University, Pennsylvania; Nalin Patel section 40901 of the Shipping Act of REASON: Voluntarily surrendered and Arpan Patel, both of Newtown, 1984 (46 U.S.C. 40101) effective on the license. Pennsylvania; and Raj Parikh, Monroe, corresponding date shown below: LICENSE NUMBER: 022228N. New Jersey, as a group acting in concert, LICENSE NUMBER: 347F. NAME: Mota Import Export LLC dba to acquire voting shares of Rising Sun NAME: T.A. Provence and Company, MTI Mota Import Cargo Express. Bancorp, and thereby indirectly acquire Incorporated. ADDRESS: 175 Smith Street, Perth voting shares of NBRS Financial Bank, ADDRESS: 154 State Street, Mobile, Amboy, NJ 08861. both in Rising Sun, Maryland. AL 36603. DATE REVOKED: June 19, 2012. B. Federal Reserve Bank of San DATE REVOKED: June 30, 2012. REASON: Failed to maintain a valid Francisco (Kenneth Binning, Vice REASON: Failed to maintain a valid bond. President, Applications and bond. LICENSE NUMBER: 022597N. Enforcement) 101 Market Street, San LICENSE NUMBER: 011056NF. NAME: Sky Express World Courier, Francisco, California 94105–1579: NAME: EMO–Trans, Georgia, Inc. Inc. 1. Timothy James McMahon, Poulsbo, ADDRESS: 20 Southwoods Parkway, ADDRESS: 1740 S. Los Angeles Washington; to acquire additional Suite 500, Atlanta, GA 30354. Street, Suite 201, Los Angeles, CA voting shares of Prime Pacific Financial DATE REVOKED: May 17, 2012. 90015. Services, Inc., and thereby indirectly REASON: Voluntarily surrendered DATE REVOKED: June 14, 2012. acquire additional voting shares of license. REASON: Failed to maintain a valid Prime Pacific Bank, National LICENSE NUMBER: 13488N. bond. Association, both in Lynnwood, NAME: FCL/LCL International Inc. LICENSE NUMBER: 023327N. Washington. ADDRESS: 150–14, 132nd Avenue, NAME: G & F West Indies Shipping, Board of Governors of the Federal Reserve Jamaica, NY 11434. Inc. System, July 13, 2012. DATE REVOKED: April 26, 2012. ADDRESS: 1416 Blue Hill Avenue, Jennifer J. Johnson, REASON: Voluntarily surrendered Boston, MA 02126. Secretary of the Board. license. DATE REVOKED: June 26, 2012. [FR Doc. 2012–17480 Filed 7–17–12; 8:45 am] LICENSE NUMBER: 15187N. REASON: Failed to maintain a valid BILLING CODE 6210–01–P NAME: Gage Shipping Lines, Ltd. bond. ADDRESS: 23 South Street, Baltimore, MD 21202. Vern W. Hill, FEDERAL RESERVE SYSTEM DATE REVOKED: June 18, 2012. Director, Bureau of Certification and REASON: Failed to maintain a valid Licensing. Formations of, Acquisitions by, and bond. [FR Doc. 2012–17476 Filed 7–17–12; 8:45 am] Mergers of Bank Holding Companies BILLING CODE 6730–01–P LICENSE NUMBER: 015941F. The companies listed in this notice NAME: Cargo Plus, Inc. have applied to the Board for approval, ADDRESS: 8333 Wessex Drive, pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM Pennsauken, NJ 08109. Act of 1956 (12 U.S.C. 1841 et seq.) DATE REVOKED: June 23, 2012. Change in Bank Control Notices; (BHC Act), Regulation Y (12 CFR part REASON: Failed to maintain a valid 225), and all other applicable statutes bond. Acquisitions of Shares of a Bank or Bank Holding Company and regulations to become a bank LICENSE NUMBER: 017267N. holding company and/or to acquire the NAME: Just In Time Services, Inc. The notificants listed below have assets or the ownership of, control of, or ADDRESS: 11380 NW 34th Street, applied under the Change in Bank the power to vote shares of a bank or Suite 100, Doral, FL 33178. Control Act (12 U.S.C. 1817(j)) and bank holding company and all of the DATE REVOKED: June 21, 2012. § 225.41 of the Board’s Regulation Y (12 banks and nonbanking companies REASON: Failed to maintain a valid CFR 225.41) to acquire shares of a bank owned by the bank holding company, bond. or bank holding company. The factors including the companies listed below. LICENSE NUMBER: 017754N. that are considered in acting on the The applications listed below, as well NAME: Adcom Express, Inc. dba notices are set forth in paragraph 7 of as other related filings required by the Adcom Worldwide. the Act (12 U.S.C. 1817(j)(7)). Board, are available for immediate ADDRESS: 7424 West 78th Street, The notices are available for inspection at the Federal Reserve Bank Edina, MN 55439. immediate inspection at the Federal indicated. The applications will also be DATE REVOKED: June 24, 2012. Reserve Bank indicated. The notices available for inspection at the offices of

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the Board of Governors. Interested Dated: July 16, 2012. the President or agency head to persons may express their views in James B. Petrick, authorize continuation of the Advisory writing on the standards enumerated in Secretary, Federal Retirement Thrift Group. On November 23, 2011, the the BHC Act (12 U.S.C. 1842(c)). If the Investment Board. President issued Executive Order 13591. proposal also involves the acquisition of [FR Doc. 2012–17624 Filed 7–16–12; 4:15 pm] This directive gives authorization for a nonbanking company, the review also BILLING CODE 6760–01–P the Advisory Group to continue to includes whether the acquisition of the operate until September 30, 2012. nonbanking company complies with the Objectives and Scope of Activities. standards in section 4 of the BHC Act DEPARTMENT OF HEALTH AND The Advisory Group provides (12 U.S.C. 1843). Unless otherwise HUMAN SERVICES recommendations and advice to the noted, nonbanking activities will be National Prevention, Health Promotion, conducted throughout the United States. Recharter of the Advisory Group on and Public Health Council (hereafter Unless otherwise noted, comments Prevention, Health Promotion, and referred to as the ‘‘Council’’). The regarding each of these applications Integrative and Public Health Advisory Group provides assistance to must be received at the Reserve Bank the Council in carrying out its mission. AGENCY: indicated or the offices of the Board of Office of the Assistant The Advisory Group develops policy Secretary for Health, Office of the Governors not later than August 13, and program recommendations and Secretary, Department of Health and 2012. advises the Council on lifestyle-based A. Federal Reserve Bank of Atlanta Human Services. chronic disease prevention and (Chapelle Davis, Assistant Vice ACTION: Notice. management, integrative health care practices, and health promotion. President) 1000 Peachtree Street NE., SUMMARY: The U.S. Department of Membership and Designation. The Atlanta, Georgia 30309: Health and Human Services announces Advisory Group is authorized to consist 1. Trustmark Corporation, Jackson, the recharter of the Advisory Group on of not more than 25 non-federal Mississippi; to merge with BancTrust Prevention, Health Promotion, and members, who are appointed by the Financial Group, Inc., and thereby Integrative and Public Health. indirectly acquire BankTrust, both in President. In appointing members, the FOR FURTHER INFORMATION CONTACT: Mobile, Alabama. President is to ensure that the Advisory Corinne Graffunder, Designated Federal Group includes a diverse group of Board of Governors of the Federal Reserve Officer (DFO) of the Advisory Group, System, July 13, 2012. licensed health professionals, including Office of the Associate Director for integrative health practitioners who Jennifer J. Johnson, Policy; Centers for Disease Control and have expertise in (1) worksite health Secretary of the Board. Prevention; 1600 Clifton Road, NE., MS promotion; (2) community services, [FR Doc. 2012–17479 Filed 7–17–12; 8:45 am] D–28; Atlanta, GA 30329; Telephone: including community health centers; (3) BILLING CODE 6210–01–P (404) 639–7514; and/or the following preventive medicine; (4) health person may be contacted: Olga Nelson, coaching; (5) public health education; Committee Management Officer, Office (6) geriatrics; and (7) rehabilitation FEDERAL RETIREMENT THRIFT of the Assistant Secretary for Health; medicine. The Advisory Group INVESTMENT BOARD Department of Health and Human currently has 22 members. Services; 200 Independence Avenue The Advisory Group reports to the Sunshine Act Meetings SW., Room 714B; Washington, DC Surgeon General. The Surgeon General 20201; Telephone: (202) 690–5205; Fax: is to select one of the appointed TIME AND DATE: July 23, 2012, 9:00 a.m. (202) 401–2222. members to serve as Chair of the (Eastern Time). SUPPLEMENTARY INFORMATION: The Advisory Group. Jeffrey Levi, Ph.D., PLACE: 10th Floor Training Room, 77 K President issued Executive Order 13544, Executive Director of Trust for Street, NE., Washington, DC 20002. dated June 10, 2010, to comply with the America’s Health, was selected by the STATUS: Parts will be open to the public statutes under Section 4001 of the Surgeon General to serve as Chair of the and parts will be closed to the public. Patient Protection and Affordable Care Advisory Group. Mr. Levi has occupied MATTERS TO BE CONSIDERED: Act, Public Law 111–148. This this leadership position since the legislation mandated that the President Parts Open to the Public Advisory Group was established. The establish the Advisory Group on non-federal members of the Advisory 1. Approval of the Minutes of the June Prevention, Health Promotion, and Group shall be classified as special 25, 2012 Board Member Meeting. Integrative and Public Health (the government employees (SGEs). 2. Thrift Savings Plan Activity Report ‘‘Advisory Group’’) within the Administrative Management and by the Executive Director. Department of Health and Human Support. HHS provides funding and a. Monthly Participant Activity Services. To comply with the administrative support for the Advisory Report. authorizing legislation and directive and Group to the extent permitted by law b. Legislative Report. guidelines under the FACA, the charter within existing appropriations. Staff 3. Quarterly Reports. a. Investment Policy Report. to establish the Advisory Group was within Office of the Assistant Secretary b. Vendor Financial Status Report. appropriately filed on June 24, 2010. for Health (OASH) provide management 4. Risk Management Overview. The Advisory Group was established as and oversight for support services 5. Benefits Overview. a non-discretionary federal advisory provided to the Advisory Group. OASH 6. Contract Selection Criteria Review. committee. is a staff division within Office of the 7. 2013 Board Meeting Calendar. Under FACA, it is stipulated that the Secretary, HHS. charter for a federal advisory committee One amendment was proposed and Parts Closed to the Public must be renewed every two years in approved for the charter. The area of 8. Procurement. order for the committee to continue to consideration from which the DFO can CONTACT PERSON FOR MORE INFORMATION: operate. Since the Advisory Group was be selected has been expanded. A copy Kimberly Weaver, Director, Office of established by Presidential directive, of the charter and information on External Affairs, (202) 942–1640. appropriate action had to be taken by activities and accomplishments of the

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Advisory Group can be obtained from review by the Office of Management and includes an increase in the total the designated contacts or by accessing Budget (OMB) in compliance with the estimated burden hours due to an the FACA database that is maintained Paperwork Reduction Act (44 U.S.C. increase in the estimated number of by the GSA Committee Management chapter 35). To request a copy of these responding clinics and an increase in Secretariat. The Web site for the FACA requests, call the CDC Reports Clearance the estimated number of responses per database is http://fido.gov/ Officer at (404) 639–7570 or send an respondent. In addition, this Revision facadatabase/. email to [email protected]. Send written request describes implementation of a Authority: Executive Order 13544, dated comments to CDC Desk Officer, Office of brief, one-time optional feedback survey June 10, 2010, as statutorily mandated under Management and Budget, Washington, at the end of the data submission for Section 4001 of the Patient Protection and DC or by fax to (202) 395–5806. Written each reporting year. The feedback Affordable Care Act, Public Law 111–148, comments should be received within 30 survey will elicit information about dated March 23, 2010. Authority to continue days of this notice. ART reporting system usability as well the Advisory Group on Prevention, Health as respondents’ perspectives on the Promotion, and Integrative and Public Health Proposed Project usefulness of the information collection. (hereafter referred to as the ‘‘Advisory Assisted Reproductive Technology Group’’) is given under Executive Order (ART) Program Reporting System (0920– Information is collected electronically 13591, dated November 23, 2011. The 0556, exp. 9/30/2012)—Revision— through the National ART Surveillance Advisory Group on Prevention, Health System (NASS), a web-based interface, Promotion, and Integrative and Public Health National Center for Chronic Disease and is governed by provisions of the Federal Public Health Promotion (NCDDPHP), or by electronic submission of NASS- Advisory Committee Act (FACA), Public Law Centers for Disease Control and compatible files. The NASS includes 92–463, as amended (5 U.S.C. App.), which Prevention (CDC). information about all ART cycles sets forth standards for the formation and use initiated by any of the ART programs of advisory committees. Background and Brief Description practicing in the United States and its Dated: July 13, 2012. The ART program reporting system is territories. The system also collects Regina Benjamin, used to comply with Section 2(a) of information about the pregnancy VADM, USPHS, Surgeon General. Public Law 102–493 (known as the outcome of each cycle as well as a Fertility Clinic Success Rate and [FR Doc. 2012–17445 Filed 7–17–12; 8:45 am] number of data items deemed important Certification Act of 1992 (FCSRCA)), 42 to explain variability in success rates BILLING CODE 4150–28–P U.S.C. 263a–1(a)). FCSRCA requires across ART programs and individuals. each ART program to annually report to Respondents are the 484 ART the Secretary through the CDC DEPARTMENT OF HEALTH AND programs in the United States. pregnancy success rates achieved by HUMAN SERVICES Approximately 440 ART programs are each ART program, the identity of each expected to report an average of 339 embryo laboratory used by such ART Centers for Disease Control and ART cycles each. The burden estimate Prevention program, and whether the laboratory is certified or has applied for certification includes the time for collecting, [30Day–12–0556] under the Act. The reporting system validating, and reporting the requested allows CDC to publish an annual information. Information is collected on Agency Forms Undergoing Paperwork an annual schedule. Reduction Act Review success rate report to Congress as specified by the FCSRCA. There are no costs to the respondents The Centers for Disease Control and CDC requests OMB approval to other than their time. The total Prevention (CDC) publishes a list of continue information collection for estimated annualized burden hours are information collection requests under three years. This Revision request 96,960.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Respondents Form name respondents responses per response respondent (in hours)

ART Programs ...... NASS ...... 440 339 39/60 Feedback Survey ...... 176 1 2/60

Kimberly S. Lane, DEPARTMENT OF HEALTH AND proposed data collection projects, the Deputy Director, Office of Science Integrity, HUMAN SERVICES Centers for Disease Control and Office of the Associate Director for Science, Prevention (CDC) will publish periodic Office of the Director, Centers for Disease Centers for Disease Control and summaries of proposed projects. To Control and Prevention. Prevention request more information on the [FR Doc. 2012–17459 Filed 7–17–12; 8:45 am] proposed projects or to obtain a copy of [60Day–12–0835] BILLING CODE 4163–18–P the data collection plans and Proposed Data Collections Submitted instruments, call 404–639–7570 and for Public Comment and send comments to Kimberly S. Lane, at Recommendations CDC, 1600 Clifton Road, MS–D74, Atlanta, GA 30333 or send an email to In compliance with the requirement [email protected]. of Section 3506(c)(2)(A) of the Comments are invited on: (a) Whether Paperwork Reduction Act of 1995 for the proposed collection of information opportunity for public comment on is necessary for the proper performance

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of the functions of the agency, including value. This type of culture is known in conclusions with respect to the mine’s whether the information shall have other industries as a ‘‘safety culture.’’ safety culture. The results from these practical utility; (b) the accuracy of the Safety culture can be defined as the analyses will be presented in a report agency’s estimate of the burden of the characteristics of the work environment, describing the status of the behaviors proposed collection of information; (c) such as the norms, rules, and common important to safety culture at that mine. ways to enhance the quality, utility, and understandings that influence Data collection for this project had clarity of the information to be employees’ perceptions of the previously taken place between the collected; and (d) ways to minimize the importance that the organization places dates of January 1, 2010 and May 1, burden of the collection of information on safety. 2012. During this time period, safety on respondents, including through the NIOSH requests OMB approval to culture assessments were conducted at use of automated collection techniques collect safety culture data from five underground coal mines, including or other forms of information underground coal mine employees over one small, two medium, and two large technology. Written comments should a three-year period to continue the mines located in the Northern be received within 60 days of this assessment of the current safety culture Appalachian, Central Appalachian, notice. of underground coal mining in order to Southern Appalachian, and Western identify recommendations for coal regions. One of the assessments Proposed Project promoting and ensuring the existence of was conducted at a unionized mine and Assessing the Safety Culture of a positive safety culture across the the four other assessments were Underground Coal Mining (0920–0835 industry. Up to four underground coal conducted at non-union mines. Data Expiration 12/31/2012)—Revision— mines will be studied for this were collected from 274 interview National Institute for Occupational assessment in an attempt to study mines participants and 1,356 survey Safety and Health (NIOSH), Centers for of different characteristics. Small, respondents. Disease Control and Prevention (CDC). medium, and large unionized as well as From this previous data collection, nonunionized mines will be recruited to some trends are beginning to emerge. Background and Brief Description diversify the research sample. Data will These include safety culture NIOSH, under Public Law 91–596, be collected one time at each mine; this characteristic differences depending on Sections 20 and 22 (Section 20–22, is not a longitudinal study. The the size of the mine and also differences Occupational Safety and Health Act of assessment includes the collection of between union and non-union mines. 1970) has the responsibility to conduct data using several diagnostic tools: However, the sample of participating research relating to innovative methods, functional analysis, structured mines from the previous data collection techniques, and approaches dealing interviews, behavioral observations, and is not sufficient for conclusions to be with occupational safety and health surveys. drawn regarding these emerging trends. problems. It is estimated that across the four Therefore, the continuation of data This research relates to occupational mines, approximately 1,144 respondents collection is needed in order to include safety and health problems in the coal will be surveyed. The exact number of additional union mines and small mines mining industry. In recent years, coal interviews conducted will be based into the study sample. mining safety has attained national upon the number of individuals in the Upon completion, this project will attention due to highly publicized mine populations, but it is estimated provide recommendations for the disasters. Despite these threats to that, across the four mines, enactment of new safety practices or the worker safety and health, the U.S. relies approximately 201 interviews will be enhancement of existing safety practices on coal mining to meet its electricity conducted. An exact number of across the underground coal mining needs. For this reason, the coal mining participants is unavailable at this time industry. This final report will present industry must continue to find ways to because not all mine sites have been a generalized model of a positive safety protect its workers while maintaining selected. culture for underground coal mines that productivity. One way to do so is The use of multiple methods to assess can be applied at individual mines. In through improving the safety culture at safety culture is a key aspect to the addition, all study measures and coal mines. In order to achieve this methodology. After all of the procedures will be available for mines culture, operators, employees, the information has been gathered, a variety to use in the future to evaluate their inspectorate, etc. must share a of statistical and qualitative analyses are own safety cultures. There is no cost to fundamental commitment to it as a conducted on the data to obtain respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hours) respondent (in hours)

Underground Coal Mine Employees Safety Culture Survey ...... 1144 1 20/60 381 Behavioral Anchored Rating Scale 201 1 1 201 Interview.

Total ...... 582

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Kimberly S. Lane, monitoring purposes. The information is Frequency: Yearly, Quarterly, Semi- Deputy Director, Office of Science Integrity, also available to the public upon Annually; Affected Public: Private Office of the Associate Director for Science, request. Form Number: CMS–643 (OCN Sector, business or other for-profit; Office of the Director, Centers for Disease 0938–0379). Frequency: Yearly. Affected Number of Respondents: 3,180; Total Control and Prevention. Public: State, Local, or Tribal Annual Responses: 48,152; Total [FR Doc. 2012–17456 Filed 7–17–12; 8:45 am] Governments. Number of Respondents: Annual Hours: 76,240. (For policy BILLING CODE 4163–18–P 3,644. Total Annual Responses: 1,217. questions regarding this collection Total Annual Hours: 1,217. (For policy contact LaToyia Grant at 410–786–5434. questions regarding this collection For all other issues call 410–786–1326.) DEPARTMENT OF HEALTH AND contact Kim Roche at 410–786–3524. To obtain copies of the supporting HUMAN SERVICES For all other issues call 410–786–1326.) statement and any related forms for the 2. Type of Information Collection proposed paperwork collections Centers for Medicare & Medicaid Request: Revision of a currently referenced above, access CMS Web Site Services approved collection; address at http://www.cms.hhs.gov/ [Document Identifier: CMS–643 and CMS– Title of Information Collection: PaperworkReductionActof1995, or 10185] Medicare Part D Reporting Email your request, including your Requirements and Supporting address, phone number, OMB number, Agency Information Collection Regulations; Use: Title I of 42 CFR, Part and CMS document identifier, to Activities: Submission for OMB 423, § 423.514, requires each Part D [email protected], or call the Review; Comment Request Sponsor to have an effective procedure Reports Clearance Office on (410) 786– to provide statistics indicating: the cost 1326. AGENCY: Centers for Medicare & of its operations, the patterns of Medicaid Services, HHS. To be assured consideration, utilization of its services, the comments and recommendations for the In compliance with the requirement availability, accessibility, and of section 3506(c)(2)(A) of the proposed information collections must acceptability of its services, information be received by the OMB desk officer at Paperwork Reduction Act of 1995, the demonstrating it has a fiscally sound Centers for Medicare & Medicaid the address below, no later than 5 p.m. operation and other matters as required on August 17, 2012. Services (CMS), Department of Health by CMS. In addition, § 423.505 of the and Human Services, is publishing the Medicare Prescription Drug, OMB, Office of Information and following summary of proposed Improvement, and Modernization Act Regulatory Affairs, Attention: CMS collections for public comment. (MMA), establishes as a contract Desk Officer, Fax Number: (202) 395– Interested persons are invited to send 6974, Email: provision that Part D Sponsors must _ comments regarding this burden comply with the reporting requirements OIRA [email protected]. estimate or any other aspect of this for submitting drug claims and related Dated: July 12, 2012. collection of information, including any information to CMS. Data collected via Martique Jones, of the following subjects: (1) The Medicare Part D Reporting Director, Regulations Development Group, necessity and utility of the proposed Requirements is an integral resource for Division B, Office of Strategic Operations and information collection for the proper oversight, monitoring, compliance and Regulatory Affairs. performance of the Agency’s function; auditing activities necessary to ensure [FR Doc. 2012–17380 Filed 7–17–12; 8:45 am] (2) the accuracy of the estimated quality provision of the Medicare BILLING CODE 4120–01–P burden; (3) ways to enhance the quality, Prescription Drug Benefit to utility, and clarity of the information to beneficiaries. The data collected will be be collected; and (4) the use of validated, analyzed, and utilized for DEPARTMENT OF HEALTH AND automated collection techniques or trend reporting. HUMAN SERVICES other forms of information technology to The revisions for the CY 2013 include minimize the information collection the removal, addition or both of data Centers for Medicare & Medicaid burden. elements for the Prompt Payment by Services 1. Type of Information Collection Part D Sponsors, Grievances, Fraud, [Document Identifier CMS–2567] Request: Extension without change of a Waste, and Abuse Compliance currently approved collection. Title of Programs, and Plan Oversight of Agents Agency Information Collection Information Collection: Hospice Survey reporting sections; however, these Activities: Proposed Collection; and Deficiencies Report Form and changes resulted in no changes to the Comment Request Supporting Regulations. Use: CMS uses burden for these sections. In addition, the information collected as the basis for we added data elements and revised AGENCY: Centers for Medicare & certification decisions for hospices that data elements for the Medication Medicaid Services, HHS. wish to obtain or retain participation in Therapy Management Programs and the In compliance with the requirement the Medicare and Medicaid programs. Coverage Determinations and of section 3506(c)(2)(A) of the The information is used by CMS Exceptions reporting sections, which Paperwork Reduction Act of 1995, the regional offices, which have the resulted in an increase in burden hours Centers for Medicare & Medicaid delegated authority to certify Medicare for both sections. Lastly, we removed Services (CMS) is publishing the facilities for participation, and by State the following reporting sections and following summary of proposed Medicaid agencies, which have decreased burden estimates associated collections for public comment. comparable authority under Medicaid. with these sections because these data Interested persons are invited to send The information on the Hospice Survey are no longer necessary for monitoring comments regarding this burden and Deficiencies Report Form is coded through these reporting requirements: estimate or any other aspect of this for entry into the OSCAR system. The Access to Extended Day Supplies at collection of information, including any data is analyzed by the CMS regional Retail Pharmacies; and Pharmacy of the following subjects: (1) The offices and by the CMS central office Support of E-prescribing. Form Number: necessity and utility of the proposed components for program evaluation and CMS–10185 (OMB#: 0938–0992); information collection for the proper

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performance of the agency’s functions; In commenting on the proposed Management (HFA–500), 5630 Fishers (2) the accuracy of the estimated information collections please reference Lane, Rockville, MD 20857, and a copy burden; (3) ways to enhance the quality, the document identifier or OMB control to Ira Krefting, Center for Drug utility, and clarity of the information to number. To be assured consideration, Evaluation and Research, Division of be collected; and (4) the use of comments and recommendations must Medical Imaging Products, 10903 New automated collection techniques or be submitted in one of the following Hampshire Ave., Bldg. 22, rm. 2100, other forms of information technology to ways by September 17, 2012. Silver Spring, MD 20993. For more minimize the information collection 1. Electronically. You may submit information, see section III of the burden. your comments electronically to http:// SUPPLEMENTARY INFORMATION section of 1. Type of Information Collection www.regulations.gov. Follow the this notice. Request: Extension without change of a instructions for ‘‘Comment or FOR FURTHER INFORMATION AND currently approved collection. Title of Submission’’ or ‘‘More Search Options’’ ADDITIONAL REQUIREMENTS CONTACT: Ira Information Collection: Deficiencies and to find the information collection Krefting, Center for Drug Evaluation and Plan of Correction (CMS–2567) and document(s) accepting comments. Research (CDER), Food and Drug Supporting Regulations contained in 2. By regular mail. You may mail Administration, 10903 New Hampshire 42 CFR 488.18, 488.26, and 488.28. Use: written comments to the following Ave., Bldg. 22, Rm. 2100, Silver Spring, Section 1864(a) of the Social Security address: CMS, Office of Strategic MD 20993, 301–796–1135, Email: Act requires that the Secretary use State Operations and Regulatory Affairs, [email protected]; or survey agencies to conduct surveys to Division of Regulations Development, determine whether health care facilities Attention: Document Identifier/OMB Vieda Hubbard, Office of Acquisitions meet Medicare and Clinical Laboratory Control Number lll, Room C4–26– and Grants Services (HFA–500), Food Improvement Amendments 05, 7500 Security Boulevard, Baltimore, and Drug Administration, 5630 participation requirements. The CMS– Maryland 21244–1850. Fishers Lane, rm. 2034, Rockville, MD 2567 form is the means by which the 20857, 301–827–7177, Email: Dated: July 12, 2012. [email protected]. survey findings are documented. This Martique Jones, section of the law further requires that Director, Regulations Development Group, For more information on this funding compliance findings resulting from Division B, Office of Strategic Operations and opportunity announcement (FOA) and these surveys be made available to the Regulatory Affairs. to obtain detailed requirements, please public within 90 days of such surveys. [FR Doc. 2012–17378 Filed 7–17–12; 8:45 am] refer to the full FOA located at: http:// The CMS–2567 from is the vehicle for BILLING CODE 4120–01–P www.fda.gov/downloads/AboutFDA/ this disclosure. The regulations at 42 CentersOffices/ CFR 488.18 require that State survey OfficeofMedicalProductsandTobacco/ agencies document all deficiency DEPARTMENT OF HEALTH AND CDER/UCM311309.pdf. findings on a statement of deficiencies HUMAN SERVICES SUPPLEMENTARY INFORMATION: and plan of correction, which is the CMS–2567. 42 CFR 488.26 and 488.28 Food and Drug Administration I. Funding Opportunity Description further delineate how compliance [Docket No. FDA–2012–N–0011] findings must be recorded and that CMS RFA–FD–12–029 93.103 prescribed forms must be used. Establish a Patient-Based Registry To The form is also used by health care Evaluate the Association of A. Background facilities to document their plan of Gadolinium Based Contrast Agents correction and by CMS, the States, Annually, millions of patients Exposure and Nephrogenic Systemic undergo magnetic resonance imaging facilities, purchasers, consumers, Fibrosis advocacy groups, and the public as a (MRI) and magnetic resonance source of information about quality of AGENCY: Food and Drug Administration, angiography (MRA) procedures care and facility compliance. HHS. employing GBCAs. Postmarketing data Form Number: CMS–2567 (OCN ACTION: Notice. indicate that six of the eight GBCAs 0938–0391). Frequency: Yearly and approved for use in the United States occasionally. Affected Public: Private SUMMARY: The Food and Drug have been directly implicated in the Sector (Business or other for-profit and Administration (FDA) is announcing the development of NSF, a newly not-for-profit institutions). Number of availability of grant funds for the characterized, potentially fatal systemic Respondents: 62,000. Total Annual support of the development of a patient- fibrotic skin and internal organ Responses: 62,000. Total Annual Hours: based registry to evaluate the condition. Among the factors that may 134,540. (For policy questions regarding association of gadolinium based contrast increase the risk for NSF are repeated or this collection contact Angela Mason- agents (GBCAs) exposure and higher than recommended doses of Elbert at 410–786–8279. For all other nephrogenic systemic fibrosis (NSF). GBCA and degree of renal impairment at issues call 410–786–1326.) The goal of the GBCA project is to study the time of exposure; imaging patients To obtain copies of the supporting the safety of the GBCAs when used as with severe renal failure appear to be at statement and any related forms for the indicated. highest risk. In one, early retrospective proposed paperwork collections DATES: Important dates are as follows: study of 370 patients with severe renal referenced above, access CMS’ Web site 1. The application due date is August failure who received gadodiamide the address at http://www.cms.hhs.gov/ 1, 2012. estimated risk for development of NSF PaperworkReductionActof1995, or 2. The anticipated start date is was 4 percent (Ref. 1). In a recent Email your request, including your September 13, 2012. retrospective chart review study by address, phone number, OMB number, 3. The opening date is July 2, 2012. Wang of 52,954 contrast MR and CMS document identifier, to 4. The expiration date is August, 2, examinations with restrictive guidelines [email protected], or call the 2012. for GBCA in patients with renal failure Reports Clearance Office on (410) 786– ADDRESSES: Submit the paper no new cases of NSF were found (Ref. 1326. application to: Vieda Hubbard, Grants 2).

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In addition, the NSF risk appears to II. Award Information/Funds Available Dockets Management, 5630 Fishers vary among the GBCAs. Postmarketing Lane, rm. 1061, Rockville, MD 20852, A. Award Amount data and corroborating preclinical data and may be seen by interested persons that demonstrated a significant, CDER anticipates providing in between 9 a.m. and 4 p.m., Monday unacceptable NSF risk has led FDA to FY2012 $250,000 (total costs include through Friday. direct and indirect costs), for one award recently contraindicate Omniscan, 1. Marckmann, Peter; Skov, Lone; Rossen, Magnevist, and Optimark for patients subject to availability of funds in Kristian; Dupont, Anders; Damholt, Mette with acute kidney injury and severe support of this project. Brimnes; Heaf, James Goya; and Thomsen, chronic renal failure. The risk of NSF B. Length of Support Henrik, Journal of the American Society of associated with the remaining marketed Nephrology, 17:2359, 2006. Support will be 1 year with the 2. Wang, Yingbing; Alkasab, Tarik; Narin, GBCAs for patients with these kidney possibility of an additional year of Ozden; Nazarian, Rosalynn; Kaewali, conditions is expected to be lower, but noncompetitive support. Continuation Rathachai, Kaewlai; Kay, Jonathan; and is not fully understood. Therefore, there beyond the first year will be based on Abujudeh, Hani, Radiology, 260:105, 2011. is a public health need to study the risk satisfactory performance during the 3. Prince, Martin; Zhang, Honglei; Zou, of NSF associated with the exposure of preceding year, receipt of a Zhitong; Staron, Ronald; and Brill, Paula, those remaining marketed GBCAs and to American Journal of Radiology, 196(2):W138, noncompeting continuation application 2011. inform the development of reliable and subject to the availability of Fiscal knowledge, practice guidelines, and Year appropriations. Dated: July 13, 2012. regulatory processes in relationship to Leslie Kux, III. Paper Application, Registration, Assistant Commissioner for Policy. the safety of these agents. and Submission Information [FR Doc. 2012–17454 Filed 7–17–12; 8:45 am] B. Research Objectives To submit a paper application in BILLING CODE 4160–01–P response to this FOA, applicants should The primary goal of this project is to first review the full announcement employ an existing Quality Assurance located at: http://www.fda.gov/ DEPARTMENT OF HEALTH AND (QA) registry of patients with renal downloads/AboutFDA/CentersOffices/ HUMAN SERVICES failure who received GBCAs as the basis OfficeofMedicalProductsandTobacco/ for a prospective registry study of the CDER/UCM311309.pdf. (FDA has Food and Drug Administration risk of NSF associated with GBCAs verified the Web site addresses [Docket No. FDA–2012–N–0001] among renal patients. Patients already throughout this document, but FDA is enrolled in this QA registry will be not responsible for any subsequent Orthopaedic and Rehabilitation invited to enroll in an outpatient changes to the Web sites after this Devices Panel of the Medical Devices registry to study their risk of NSF. Data document publishes in the Federal Advisory Committee; Notice of Meeting from this project will help understand Register.) Persons interested in applying the effect of cumulative dosing of the for a grant may obtain an application at: AGENCY: Food and Drug Administration, GBCAs in patients with slow http://www.fda.gov/downloads/ HHS. deterioration of renal function as occurs AboutFDA/CentersOffices/ ACTION: Notice. with aging, and the data might also OfficeofMedicalProductsandTobacco/ This notice announces a forthcoming provide further reassurance as to the CDER/UCM311309.pdf. For all paper meeting of a public advisory committee safety of the GBCAs identified as having application submissions, the following of the Food and Drug Administration minimal association with the risk of steps are required: • Step 1: Obtain a Dun and Bradstreet (FDA). The meeting will be open to the NSF by prospectively following patients public. who have received GBCAs. In addition, (DUNS) Number. • Step 2: Register With Central Name of Committee: Orthopaedic and the project will also provide data on the Contractor Registration. Rehabilitation Devices Panel of the occurrence of allergic reactions • Step 3: Register With Electronic Medical Devices Advisory Committee. associated with the GBCA Research Administration (eRA) General Function of the Committee: administration. A recent report by Commons Steps 1 and 2, in detail, can To provide advice and Prince suggests an increased risk of be found at: http://www07.grants.gov/ recommendations to the Agency on allergic reactions with MultiHance (Ref. applicants/organization_registration.jsp. FDA’s regulatory issues. 3). Step 3, in detail, can be found at: Date and Time: The meeting will be The prospective design of this project https://commons.era.nih.gov/commons/ held on September 21, 2012 from 8 a.m. is important since most previous registration/registrationInstructions.jsp. to 6 p.m. clinical investigations have been based After you have followed these steps, Location: Hilton Washington DC on chart review or other retrospective submit one paper application to: Vieda North/Gaithersburg, Salons A, B, C and data. Implementation of this project may Hubbard, Grants Management, Food and D, 620 Perry Pkwy., Gaithersburg, MD also provide the structure for future Drug Administration, Division of 20877. The hotel’s telephone number is 301–977–8900. prospective investigations of other Support and Grants, 5630 Fishers Lane, Contact Person: Sara J. Anderson, diseases with an acute phase of rm. 1079, HFA 500, Rockville, MD 20857 and a copy to Ira Krefting, Center Food and Drug Administration, Center hospitalization superimposed on a for Devices and Radiological Health, chronic course. for Drug Evaluation and Research, Division of Medical Imaging Products, 10903 New Hampshire Ave., Bldg 66, C. Eligibility Information 10903 New Hampshire Ave. Bldg. 22, rm. 1611, Silver Spring, MD 20993– Rm. 2100, Silver Spring, MD 20993. 0002, 301 796–7047, or FDA Advisory This is a sole source cooperative Committee Information Line, 1–800– agreement to: University of Pittsburg IV. References 741–8138 (301–443–0572 in the Medical Center. The following references have been Washington, DC area), to find out placed on display in the Division of further information regarding FDA

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advisory committee information. A be reasonably accommodated during the Date and Time: The meeting will be notice in the Federal Register about last scheduled open public hearing session, held on September 19, 2012, between minute modifications that impact a FDA may conduct a lottery to determine approximately 8 a.m. and 4 p.m. previously announced advisory the speakers for the scheduled open Location: FDA White Oak Campus, committee meeting cannot always be public hearing session. The contact 10903 New Hampshire Ave., Building published quickly enough to provide person will notify interested persons 31 Conference Center, the Great Room timely notice. Therefore, you should regarding their request to speak by (rm. 1503), Silver Spring, MD 20993– always check the Agency’s Web site at September 7, 2012. 0002. Information regarding special http://www.fda.gov/ Persons attending FDA’s advisory accommodations due to a disability, AdvisoryCommittees/default.htm and committee meetings are advised that the visitor parking, and transportation may scroll down to the appropriate advisory Agency is not responsible for providing be accessed at: http://www.fda.gov/ committee meeting link, or call the access to electrical outlets. AdvisoryCommittees/default.htm; under advisory committee information line to FDA welcomes the attendance of the the heading ‘‘Resources for You,’’ click learn about possible modifications public at its advisory committee on ‘‘Public Meetings at the FDA White before coming to the meeting. meetings and will make every effort to Oak Campus.’’ Please note that visitors Agenda: On September 21, 2012, the accommodate persons with physical to the White Oak Campus must enter committee will discuss and make disabilities or special needs. If you through Building 1. recommendations regarding the require special accommodations due to For those unable to attend in person, classification of posterior cervical a disability, please contact James Clark the meeting will also be Web cast. The screws, including pedicle and lateral at [email protected] or 301–796– link for the Web cast is available at: mass screws. Cervical pedicle and 5293 at least 7 days in advance of the https://collaboration.fda.gov/vrbpac/. lateral mass screws are components of meeting. Contact Person: Donald W. Jehn or rigid, posterior spinal screw and rod FDA is committed to the orderly Denise Royster, Center for Biologics systems generally intended as an conduct of its advisory committee Evaluation and Research (HFM–71), adjunct to fusion for the treatment of meetings. Please visit our Web site at Food and Drug Administration, 1401 degenerative disc disease (as defined by http://www.fda.gov/ Rockville Pike, Rockville, MD 20852, neck pain confirmed by radiographic AdvisoryCommittees/ 301–827–0314, or FDA Advisory studies), trauma, deformity, failed AboutAdvisoryCommittees/ Committee Information Line, 1–800– previous fusion, tumor, infection, and ucm111462.htm for procedures on 741–8138 (301–443–0572 in the inflammatory disorders in the cervical public conduct during advisory Washington, DC area), to find out spine. committee meetings. further information regarding FDA FDA intends to make background Notice of this meeting is given under material available to the public no later advisory committee information. A the Federal Advisory Committee Act (5 than 2 business days before the meeting. notice in the Federal Register about last U.S.C. app. 2). If FDA is unable to post the background minute modifications that impact a material on its Web site prior to the Dated: June 12, 2012. previously announced advisory meeting, the background material will Jill Hartzler Warner, committee meeting cannot always be be made publicly available at the Associate Commissioner for Special Medical published quickly enough to provide location of the advisory committee Programs. timely notice. Therefore, you should meeting, and the background material [FR Doc. 2012–17431 Filed 7–17–12; 8:45 am] always check the Agency’s Web site at http://www.fda.gov/ will be posted on FDA’s Web site after BILLING CODE 4160–01–P the meeting. Background material is AdvisoryCommittees/default.htm and available at http://www.fda.gov/ scroll down to the appropriate advisory AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND committee meeting link, or call the default.htm. Scroll down to the HUMAN SERVICES advisory committee information line to appropriate advisory committee meeting learn about possible modifications link. Food and Drug Administration before coming to the meeting. Procedure: Interested persons may Agenda: On September 19, 2012, the [Docket No. FDA–2012–N–0001] present data, information, or views, committee will meet in open session to discuss consideration of the orally or in writing, on issues pending Vaccines and Related Biological appropriateness of cell lines derived before the committee. Written Products Advisory Committee; Notice from human tumors for vaccine submissions may be made to the contact of Meeting person on or before September 14, 2012. manufacture. Oral presentations from the public will AGENCY: Food and Drug Administration, FDA intends to make background be scheduled between approximately HHS. material available to the public no later 12:15 p.m. and 1:15 p.m. on September ACTION: Notice. than 2 business days before the meeting. 21, 2012. Those individuals interested If FDA is unable to post the background in making formal oral presentations This notice announces a forthcoming material on its Web site prior to the should notify the contact person and meeting of a public advisory committee meeting, the background material will submit a brief statement of the general of the Food and Drug Administration be made publicly available at the nature of the evidence or arguments (FDA). The meeting will be open to the location of the advisory committee they wish to present, the names and public. meeting, and the background material addresses of proposed participants, and Name of Committee: Vaccines and will be posted on FDA’s Web site after an indication of the approximate time Related Biological Products Advisory the meeting. Background material is requested to make their presentation on Committee. available at http://www.fda.gov/ or before September 6, 2012. Time General Function of the Committee: AdvisoryCommittees/Calendar/ allotted for each presentation may be To provide advice and default.htm. Scroll down to the limited. If the number of registrants recommendations to the Agency on appropriate advisory committee meeting requesting to speak is greater than can FDA’s regulatory issues. link.

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Procedure: Interested persons may DEPARTMENT OF HEALTH AND as amended. The grant applications and present data, information, or views, HUMAN SERVICES the discussions could disclose orally or in writing, on issues pending confidential trade secrets or commercial before the committee. Written National Institutes of Health property such as patentable material, submissions may be made to the contact and personal information concerning Center for Scientific Review; Notice of person on or before September 12, 2012. individuals associated with the grant Closed Meeting Oral presentations from the public will applications, the disclosure of which be scheduled between approximately Pursuant to section 10(d) of the would constitute a clearly unwarranted 1:30 p.m. and 2:30 p.m. Those Federal Advisory Committee Act, as invasion of personal privacy. individuals interested in making formal amended (5 U.S.C. App.), notice is Name of Committee: Center for Scientific oral presentations should notify the hereby given of the following meeting. Review Special Emphasis Panel Studies of contact person and submit a brief The meeting will be closed to the Molecular, Genomics and Regulation of Gene statement of the general nature of the public in accordance with the Expression Area Grant Applications. evidence or arguments they wish to provisions set forth in sections Date: July 30, 2012. Time: 11:00 a.m. to 4:00 p.m. present, the names and addresses of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Agenda: To review and evaluate grant proposed participants, and an applications. indication of the approximate time the discussions could disclose confidential trade secrets or commercial Place: National Institutes of Health, 6701 requested to make their presentation on Rockledge Drive, Bethesda, MD 20892 property such as patentable material, or before September 4, 2012. Time (Telephone Conference Call). and personal information concerning allotted for each presentation may be Contact Person: David J Remondini, Ph.D., individuals associated with the grant Scientific Review Officer, Center for limited. If the number of registrants applications, the disclosure of which requesting to speak is greater than can Scientific Review, National Institutes of would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 2210, be reasonably accommodated during the invasion of personal privacy. MSC 7890, Bethesda, MD 20892, 301–435– scheduled open public hearing session, 1038, [email protected]. FDA may conduct a lottery to determine Name of Committee: Center for Scientific Review Special Emphasis Panel; Special This notice is being published less than 15 the speakers for the scheduled open Topics: Bioengineering Sciences and days prior to the meeting due to the timing public hearing session. The contact Technology. limitations imposed by the review and person will notify interested persons Date: August 10, 2012. funding cycle. regarding their request to speak by Time: 10:00 a.m. to 4:00 p.m. (Catalogue of Federal Domestic Assistance September 5, 2012. Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; applications. Persons attending FDA’s advisory 93.333, Clinical Research, 93.306, 93.333, Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, committee meetings are advised that the Rockledge Drive Bethesda, MD 20892, 93.846–93.878, 93.892, 93.893, National Agency is not responsible for providing (Telephone Conference Call). Institutes of Health, HHS) access to electrical outlets. Contact Person: James J Li, Ph.D., Scientific Review Officer, Center for Scientific Review, Dated: July 12, 2012. FDA welcomes the attendance of the National Institutes of Health, 6701 Rockledge Carolyn A. Baum, public at its advisory committee Drive, Room 5148, MSC 7849, Bethesda, MD Program Analyst, Office of Federal Advisory meetings and will make every effort to 20892, 301–806–8065, [email protected]. Committee Policy. accommodate persons with physical (Catalogue of Federal Domestic Assistance [FR Doc. 2012–17467 Filed 7–17–12; 8:45 am] Program Nos. 93.306, Comparative Medicine; disabilities or special needs. If you BILLING CODE 4140–01–P require special accommodations due to 93.333, Clinical Research, 93.306, 93.333, a disability, please contact Donald W. 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Jehn or Denise Royster at least 7 days in Institutes of Health, HHS) DEPARTMENT OF HEALTH AND advance of the meeting. HUMAN SERVICES Dated: July 12, 2012 . FDA is committed to the orderly David Clary, National Institutes of Health conduct of its advisory committee Program Analyst, Office of Federal Advisory meetings. Please visit our Web site at Committee Policy. Center for Scientific Review; Notice of http://www.fda.gov/ [FR Doc. 2012–17465 Filed 7–17–12; 8:45 am] Closed Meetings AdvisoryCommittees/ BILLING CODE 4140–01–P AboutAdvisoryCommittees/ Pursuant to section 10(d) of the ucm111462.htm for procedures on Federal Advisory Committee Act, as public conduct during advisory DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is committee meetings. HUMAN SERVICES hereby given of the following meetings. Notice of this meeting is given under The meetings will be closed to the the Federal Advisory Committee Act (5 National Institutes of Health public in accordance with the U.S.C. app. 2). Center for Scientific Review; Notice of provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: July 13, 2012. Closed Meeting as amended. The grant applications and Jill Hartzler Warner, Pursuant to section 10(d) of the the discussions could disclose Acting Associate Commissioner for Special Federal Advisory Committee Act, as confidential trade secrets or commercial Medical Programs. amended (5 U.S.C. App.), notice is property such as patentable material, [FR Doc. 2012–17482 Filed 7–17–12; 8:45 am] hereby given of the following meeting. and personal information concerning BILLING CODE 4160–01–P The meeting will be closed to the individuals associated with the grant public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy.

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Name of Committee: Center for Scientific Pollution Act of 1990. Our ICR describes Operations, 202–366–9826, for Review, Special Emphasis Panel, Behavioral the information we seek to collect from questions on the docket. and Social HIV/AIDS Grant Applications. the public. Review and comments by SUPPLEMENTARY INFORMATION: Date: August 6, 2012. OIRA ensure we only impose paperwork Time: 2:00 p.m. to 4:00 p.m. burdens commensurate with our Public Participation and Request for Agenda: To review and evaluate grant Comments applications. performance of duties. Place: National Institutes of Health, 6701 DATES: Comments must reach the Coast This Notice relies on the authority of Rockledge Drive, Bethesda, MD 20892, Guard and OIRA on or before August 17, the Paperwork Reduction Act of 1995; (Telephone Conference Call). 2012. 44 U.S.C. Chapter 35, as amended. An Contact Person: Mark P Rubert, Ph.D., ICR is an application to OIRA seeking Scientific Review Officer, Center for ADDRESSES: You may submit comments the approval, extension, or renewal of a Scientific Review, National Institutes of identified by Coast Guard docket Coast Guard collection of information Health, 6701 Rockledge Drive, Room 5218, number [USCG–2012–0231] to the (Collection). The ICR contains MSC 7852, Bethesda, MD 20892, 301–435– Docket Management Facility (DMF) at 1775, [email protected]. information describing the Collection’s the U.S. Department of Transportation purpose, the Collection’s likely burden Name of Committee: Center for Scientific (DOT) and/or to OIRA. To avoid Review, Special Emphasis Panel, Small on the affected public, an explanation of duplicate submissions, please use only the necessity of the Collection, and Business: HIV/AIDS Innovative Research one of the following means: Applications. other important information describing Date: August 9, 2012. (1) Online: (a) To Coast Guard docket the Collection. There is one ICR for each Time: 10:00 a.m. to 1:00 p.m. at http://www.regulations.gov. (b) To Collection. Agenda: To review and evaluate grant OIRA by email via: OIRA- The Coast Guard invites comments on applications. [email protected]. whether this ICR should be granted Place: National Institutes of Health, 6701 (2) Mail: (a) DMF (M–30), DOT, West based on the Collection being necessary Rockledge Drive, Bethesda, MD 20892, Building Ground Floor, Room W12–140, for the proper performance of (Virtual Meeting), 1200 New Jersey Avenue SE., Departmental functions. In particular, Contact Person: Mark P Rubert, Ph.D., Scientific Review Officer, Center for Washington, DC 20590–0001. (b) To the Coast Guard would appreciate Scientific Review, National Institutes of OIRA, 725 17th Street NW., comments addressing: (1) The practical Health, 6701 Rockledge Drive, Room 5218, Washington, DC 20503, attention Desk utility of the Collection; (2) the accuracy MSC 7852, Bethesda, MD 20892, 301–435– Officer for the Coast Guard. of the estimated burden of the 1775, [email protected]. (3) Hand Delivery: To DMF address Collection; (3) ways to enhance the (Catalogue of Federal Domestic Assistance above, between 9 a.m. and 5 p.m., quality, utility, and clarity of Program Nos. 93.306, Comparative Medicine; Monday through Friday, except Federal information subject to the Collection; 93.333, Clinical Research, 93.306, 93.333, holidays. The telephone number is 202– and (4) ways to minimize the burden of 93.337, 93.393–93.396, 93.837–93.844, 366–9329. the Collection on respondents, 93.846–93.878, 93.892, 93.893, National including the use of automated Institutes of Health, HHS) (4) Fax: (a) To DMF, 202–493–2251. (b) To OIRA at 202–395–6566. To collection techniques or other forms of Dated: July 12, 2012. ensure your comments are received in a information technology. These Carolyn A. Baum, timely manner, mark the fax, attention comments will help OIRA determine Program Analyst, Office of Federal Advisory Desk Officer for the Coast Guard. whether to approve the ICR referred to Committee Policy. The DMF maintains the public docket in this Notice. We encourage you to respond to this [FR Doc. 2012–17466 Filed 7–17–12; 8:45 am] for this Notice. Comments and material request by submitting comments and BILLING CODE 4140–01–P received from the public, as well as related materials. Comments to Coast documents mentioned in this Notice as Guard or OIRA must contain the OMB being available in the docket, will Control Number of the ICR. They must DEPARTMENT OF HOMELAND become part of the docket and will be also contain the docket number of this SECURITY available for inspection or copying at request, [USCG 2012–0231], and must room W12–140 on the West Building be received by August 17, 2012. We will Coast Guard Ground Floor, 1200 New Jersey Avenue post all comments received, without SE., Washington, DC, between 9 a.m. [USCG–2012–0231] change, to http://www.regulations.gov. and 5 p.m., Monday through Friday, They will include any personal Collection of Information Under except Federal holidays. You may also information you provide. We have an Review by Office of Management and find the docket on the Internet at agreement with DOT to use their DMF. Budget http://www.regulations.gov. Please see the ‘‘Privacy Act’’ paragraph A copy of the ICR is available through AGENCY: Coast Guard, DHS. below. the docket on the Internet at http:// ACTION: Thirty-day notice requesting www.regulations.gov. Additionally, Submitting Comments comments. copies are available from: If you submit a comment, please SUMMARY: In compliance with the COMMANDANT (CG–611), ATTN: include the docket number [USCG– Paperwork Reduction Act of 1995 the PAPERWORK REDUCTION ACT 2012–0231], indicate the specific U.S. Coast Guard is forwarding an MANAGER, U.S. COAST GUARD, 2100 section of the document to which each Information Collection Request (ICR), 2ND ST SW., STOP 7101, comment applies, providing a reason for abstracted below, to the Office of WASHINGTON DC 20593–7101. each comment. You may submit your Management and Budget (OMB), Office FOR FURTHER INFORMATION CONTACT: Ms. comments and material online (via of Information and Regulatory Affairs Kenlinishia Tyler, Office of Information http://www.regulations.gov), by fax, (OIRA), requesting an extension of its Management, telephone 202–475–3652 mail, or hand delivery, but please use approval for the following collection of or fax 202–475–3929, for questions on only one of these means. If you submit information: 1625–0046, Certificates of these documents. Contact Ms. Renee V. a comment online via Financial Responsibility under the Oil Wright, Program Manager, Docket www.regulations.gov, it will be

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considered received by the Coast Guard Previous Request for Comments public and affected agencies. Comments when you successfully transmit the This request provides a 30-day are encouraged and will be accepted for comment. If you fax, hand deliver, or comment period required by OIRA. The sixty days until September 17, 2012. mail your comment, it will be Coast Guard published the 60-day Written comments and suggestions considered as having been received by notice (77 FR 27472, May 10, 2012) regarding items contained in this notice, the Coast Guard when it is received at required by 44 U.S.C. 3506(c)(2). That and especially with regard to the the DMF. We recommend you include Notice elicited no comments. estimated public burden and associated your name, mailing address, an email response time should be directed to the address, or other contact information in Information Collection Requests. Department of Homeland Security the body of your document so that we Title: Certificates of Financial (DHS), Rich Mattison, Chief, Records can contact you if we have questions Responsibility under the Oil Pollution Management, U.S. Immigration and regarding your submission. Act of 1990. Customs Enforcement, 500 12th Street You may submit comments and OMB Control Number: 1625–0046. SW., Stop 5705, Washington, DC 20536; material by electronic means, mail, fax, Type of Request: Extension of a (202) 732–4356. or delivery to the DMF at the address currently approved collection. Comments are encouraged and will be under ADDRESSES, but please submit Respondents: Vessel operators and accepted for sixty days until September them by only one means. To submit approved insurers. 17, 2012. Written comments and your comment online, go to http:// Abstract: The information collection suggestions from the public and affected www.regulations.gov, and type ‘‘USCG– requirements described in this agencies concerning the proposed 2012–0231’’ in the ‘‘Keyword’’ box. If supporting statement are necessary to collection of information should address you submit your comments by mail or provide evidence of a respondent’s one or more of the following four points: hand delivery, submit them in an ability to pay for removal costs and (1) Evaluate whether the proposed unbound format, no larger than 81⁄2 by damages associated with discharges or collection of information is necessary 11 inches, suitable for copying and substantial threats of discharges of for the proper performance of the electronic filing. If you submit hazardous material or oil into the functions of the agency, including comments by mail and would like to navigable waters, adjoining shorelines whether the information will have know that they reached the Facility, or the exclusive economic zone of the practical utility; please enclose a stamped, self-addressed United States. The requirements are (2) Evaluate the accuracy of the postcard or envelope. We will consider imposed generally on operators and agencies estimate of the burden of the all comments and material received financial guarantors of vessels over 300 proposed collection of information, during the comment period and will gross tons. including the validity of the address them accordingly. Forms: CG–5585, CG–5586–1, –2, –3, methodology and assumptions used; (3) Enhance the quality, utility, and Viewing Comments and Documents –4. Burden Estimate: The estimated clarity of the information to be To view comments, as well as burden remains 3,400 hours a year. collected; and documents mentioned in this Notice as (4) Minimize the burden of the being available in the docket, go to Dated: July 11, 2012. collection of information on those who http://www.regulations.gov, click on the R.E. Day, are to respond, including through the ‘‘read comments’’ box, which will then Rear Admiral, U.S. Coast Guard, Assistant use of appropriate automated, become highlighted in blue. In the Commandant for Command, Control, electronic, mechanical, or other ‘‘Keyword’’ box insert ‘‘USCG–2012– Communications, Computers and technological collection techniques or 0231’’ and click ‘‘Search.’’ Click the Information Technology. other forms of information technology, ‘‘Open Docket Folder’’ in the ‘‘Actions’’ [FR Doc. 2012–17408 Filed 7–17–12; 8:45 am] e.g., permitting electronic submission of column. You may also visit the DMF in BILLING CODE 9110–04–P responses. Room W12–140 on the ground floor of the DOT West Building, 1200 New Overview of This Information Jersey Avenue SE., Washington, DC DEPARTMENT OF HOMELAND Collection 20590, between 9 a.m. and 5 p.m., SECURITY (1) Type of Information Collection: Extension, without change, of an Monday through Friday, except Federal United States Immigration and existing information collection. holidays. Customs Enforcement OIRA posts its decisions on ICRs (2) Title of the Form/Collection: online at http://www.reginfo.gov/public/ Agency Information Collection Application for Removal. do/PRAMain after the comment period Activities: Extension, Without Change, (3) Agency form number, if any, and for each ICR. An OMB Notice of Action of an Existing Information Collection; the applicable component of the on each ICR will become available via Comment Request Department of Homeland Security a hyperlink in the OMB Control sponsoring the collection: (No. Form I– Number: 1625–0046. ACTION: 60-Day Notice of Information 243); U.S. Immigration and Customs Enforcement. Privacy Act Collection; File No. I–243; Application for Removal; OMB Control No. 1615– (4) Affected public who will be asked Anyone can search the electronic 0019. or required to respond, as well as a brief form of comments received in dockets abstract: Primary: State, Local, or Tribal by the name of the individual The Department of Homeland Government. Section 404(b) of the submitting the comment (or signing the Security, U.S. Immigration and Customs Immigration and Nationality Act (8 comment, if submitted on behalf of an Enforcement (ICE), will submit the U.S.C. 1101 note) provides for the association, business, labor union, etc.). following information collection request reimbursement to States and localities You may review a Privacy Act statement for review and clearance in accordance for assistance provided in meeting an regarding Coast Guard public dockets in with the Paperwork Reduction Act of immigration emergency. This collection the January 17, 2008, issue of the 1995. The information collection is of information allows for State or local Federal Register (73 FR 3316). published to obtain comments from the governments to request reimbursement.

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(5) An estimate of the total number of Departmental Reports Management public housing and Section 8 programs respondents and the amount of time Officer, QDAM, Department of Housing and to assist in lease enforcement and estimated for an average respondent to and Urban Development, 451 7th Street eviction of those individuals in the respond: 10 responses at 30 minutes (.50 SW., Room 4160, Washington, DC public housing and Section 8 programs hours) per response. 20410–5000; telephone 202.402.3400 who engage in criminal activity. The (6) An estimate of the total public (this is not a toll-free number) or email reason for the current revision is that burden (in hours) associated with the Ms. Pollard at [email protected]. the 2009 submission only included the collection: 300 annual burden hours Persons with hearing or speech burden hours for Public Housing Comments and/or questions; requests impairments may access this number participants. Because the screening is for a copy of the proposed information through TTY by calling the toll-free done for residents in the Public Housing collection instrument, with instructions; Federal Information Relay Service at and Section 8 program, the calculations or inquiries for additional information (800) 877–8339. (Other than the HUD were updated to reflect this reality. The should be directed to: Rich Mattison, USER information line and TTY current calculations use the existing Chief, Records Management, U.S. numbers, telephone numbers are not formula for burden hours but include Immigration and Customs Enforcement, toll-free.) voucher residents. 500 12th Street SW., Stop 5705, FOR FURTHER INFORMATION CONTACT: Agency form number, if applicable: Washington, DC 20536; (202) 732–4356. Arlette Mussington, Office of Policy, None. Members of affected public: State or Programs and Legislative Initiatives, Dated: July 11, 2012. Local Government; Public Housing PIH, Department of Housing and Urban Rich Mattison, Agencies (PHAs), Individuals or Development, 451 7th Street SW., Chief, Records Management, U.S. Households. Immigration and Customs Enforcement, (L’Enfant Plaza, Room 2206), Estimation of the Total number of Department of Homeland Security. Washington, DC 20410; telephone 202– hours needed to prepare the information [FR Doc. 2012–17423 Filed 7–17–12; 8:45 am] 402–4109, (this is not a toll-free collection including number of BILLING CODE 9111– 28–P number). Persons with hearing or respondents, frequency of response, and speech impairments may access this hours of response: Total Public Housing number via TTY by calling the Federal Burden Hours for screening & eviction DEPARTMENT OF HOUSING AND Information Relay Service at (800) 877– (709,585 hours) + Total Voucher Burden URBAN DEVELOPMENT 8339. Hours for screening & eviction of SUPPLEMENTARY INFORMATION: This [Docket No. FR–5610–N–09] Voucher participants (1,409,229 hours) notice informs the public that the = 2,118,814. Notice of Proposed Information Department of Housing and Urban Status of the Proposed Information Collection for Public Comment; Development has submitted to OMB a Collection: Revision of a currently Screening and Eviction for Drug Abuse request for approval of the Information approved collection. and Other Criminal Activity collection described below. This notice Authority: The Paperwork Reduction Act is soliciting comments from members of of 1995, 44 U.S.C. Chapter 35, as amended. AGENCY: Office of the Assistant the public and affected agencies Dated: July 13, 2012. Secretary for Public and Indian concerning the proposed collection of Housing, HUD. information to: (1) Evaluate whether the Merrie Nichols-Dixon, Deputy Director, Office of Policy, Program ACTION: Notice of proposed information proposed collection of information is and Legislative Initiatives. collection. necessary for the proper performance of the functions of the agency, including [FR Doc. 2012–17494 Filed 7–17–12; 8:45 am] SUMMARY: The proposed information whether the information will have BILLING CODE 4210–67–P collection requirement described below practical utility; (2) Evaluate the will be submitted to the Office of accuracy of the agency’s estimate of the DEPARTMENT OF HOUSING AND Management and Budget (OMB) for burden of the proposed collection of URBAN DEVELOPMENT review, as required by the Paperwork information; (3) Enhance the quality, Reduction Act. The Department is utility, and clarity of the information to [Docket No. FR–5610–N–10] soliciting public comments on the be collected; and (4) Minimize the subject proposal. burden of the collection of information Notice of Proposed Information The information and collection on those who are to respond; including Collection for Public Comment; Public requirements consist of PHA screening through the use of appropriate Housing Agency (PHA) Lease and requirements to obtain criminal automated collection techniques or Grievance Requirements conviction records from law other forms of information technology, AGENCY: Office of the Assistant enforcement agencies to prevent e.g., permitting electronic submission of admission of criminals into the public Secretary for Public and Indian responses. Housing, HUD. housing and Section 8 programs and to This notice also lists the following assist in lease enforcement and eviction ACTION: Notice of proposed information information: collection. of those individuals in the public Title of Proposal: Screening and housing and Section 8 programs who Eviction for Drug Abuse and Other SUMMARY: The proposed information engage in criminal activity. Criminal Activity. collection requirement described below DATES: Comment Due Date: September OMB Approval Number: 2577–0232. will be submitted to the Office of 17, 2012. Description of the Need for the Management and Budget (OMB) for ADDRESSES: Interested persons are Information and Its Proposed Use: The review, as required by the Paperwork invited to submit comments regarding information and collection requirements Reduction Act. The Department is this proposed information collection. consist of PHA screening requirements soliciting public comments on the Comments should refer to the proposal to obtain criminal conviction records subject proposal. by name/or OMB Control number and from law enforcement agencies to The Public Housing lease and should be sent to: Colette Pollard., prevent admission of criminals into the grievance procedures are a

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recordkeeping requirement on the part through the use of appropriate DEPARTMENT OF HOUSING AND of Public Housing agencies (PHAs) as automated collection techniques or URBAN DEVELOPMENT they are required to enter into and other forms of information technology, [Docket No. FR–5603–N–49] maintain lease agreements for each e.g., permitting electronic submission of individual or family that occupies a responses. Notice of Submission of Proposed Public Housing unit. Also, both PHAs This Notice also lists the following Information Collection to OMB; FY 13 and tenants are required to follow the information: Transformative Initiative Sustainable protocols set forth in the grievance Title of Proposal: Public Housing Communities Research Grant Program procedures for both an informal and (SCRGP) formal grievance hearing. Agency (PHA) Lease and Grievance DATES: Comment Due Date: September Requirements. AGENCY: Office of the Chief Information 17, 2012. OMB Approval Number: 2577–0006. Officer, HUD. ADDRESSES: Interested persons are Description of the Need for the ACTION: Notice. invited to submit comments regarding Information and Its Proposed Use: The SUMMARY: The proposed information this proposed information collection. Public Housing lease and grievance Comments should refer to the proposal collection requirement described below procedures are a recordkeeping has been submitted to the Office of by name/or OMB Control number and requirement on the part of Public should be sent to: Colette Pollard, Management and Budget (OMB) for Housing agencies (PHAs) as they are review, as required by the Paperwork Departmental Reports Management required to enter into and maintain Officer, QDAM, Department of Housing Reduction Act. The Department is lease agreements for each individual or soliciting public comments on the and Urban Development, 451 7th Street family that occupies a Public Housing SW., Room 4160, Washington, DC subject proposal. unit. Also, both PHAs and tenants are The purpose of the FY13 Sustainable 20410–5000; telephone 202.402.3400 required to follow the protocols set forth (this is not a toll-free number) or email Communities Grant Program (SCRGP) is _ in the grievance procedures for both an to offer researchers the opportunity to Ms. Pollard at Colette [email protected]. informal and formal grievance hearing. Persons with hearing or speech submit grant applications to fund The current revision was needed to impairments may access this number quality research under the broad subject correct errors in the 2009 calculation. through TTY by calling the toll-free area of sustainability. HUD is primarily The earlier calculation had over the Federal Information Relay Service at interested in funding cutting edge amount of time needed to complete the (800) 877–8339. (Other than the HUD research in the areas of equitable USER information line and TTY form. The previous submission affordable housing development, numbers, telephone numbers are not incorrectly included the number of transportation and infrastructure toll-free.) responding PHAs in the calculation and financing, and energy and ‘‘green’’ also incorrectly assumed that 100% of building practices. FOR FURTHER INFORMATION CONTACT: households would be reviewing or Arlette Mussington, Office of Policy, DATES: Comments Due Date: August 17, initiating a lease. The correction of the Programs and Legislative Initiatives, 2012. errors brought the number of burden PIH, Department of Housing and Urban ADDRESSES: Interested persons are hours down from 5,671,800 to 339,822. Development, 451 7th Street SW., invited to submit comments regarding (L’Enfant Plaza Room 2206), Agency form number, if applicable: this proposal. Comments should refer to Washington, DC 20410; telephone 202– None. the proposal by name and/or OMB 402–4109, (this is not a toll-free Members of Affected Public: Public approval Number (2528–0264) and number). Persons with hearing or housing applicants and households. should be sent to: HUD Desk Officer, speech impairments may access this Office of Management and Budget, New Estimation of the Total number of number via TTY by calling the Federal Executive Office Building, Washington, hours needed to prepare the information Information Relay Service at (800) 877– DC 20503; fax: 202–395–5806. Email: collection including number of 8339. [email protected]; fax: respondents, frequency of response, and 202–395–5806. SUPPLEMENTARY INFORMATION: This hours of response: Estimated number of FOR FURTHER INFORMATION CONTACT: notice informs the public that the respondents: 3,144. The respondents Colette Pollard., Reports Management Department of Housing and Urban collect information for 1,181,986 Officer, QDAM, Department of Housing Development has submitted to OMB a households. The calculation for burden and Urban Development, 451 Seventh request for approval of the Information hours is as follows: Calculation for Street SW., Washington, DC 20410; collection described below. This notice number of respondents: 1,181,986 × 1.15 email Colette Pollard at is soliciting comments from members of (median number of new leases + [email protected]. or telephone the public and affecting agencies changes + grievances) × 15 minutes (.25 (202) 402–3400. This is not a toll-free concerning the proposed collection of of an hour, median time to complete) = number. Copies of available documents information to: (1) Evaluate whether the 339,822 total hours. proposed collection of information is submitted to OMB may be obtained necessary for the proper performance of Status of the Proposed Information from Ms. Pollard. the functions of the agency, including Collection: Revision. SUPPLEMENTARY INFORMATION: This whether the information will have Authority: The Paperwork Reduction Act notice informs the public that the practical utility; (2) Evaluate the of 1995, 44 U.S.C. chapter 35, as amended. Department of Housing and Urban accuracy of the agency’s estimate of the Development has submitted to OMB a Dated: July 13, 2012. burden of the proposed collection of request for approval of the Information information; (3) Enhance the quality, Merrie Nichols-Dixon, collection described below. This notice utility, and clarity of the information to Deputy Director, Office of Policy, Program is soliciting comments from members of be collected; and (4) Minimize the and Legislative Initiatives. the public and affecting agencies burden of the collection of information [FR Doc. 2012–17496 Filed 7–17–12; 8:45 am] concerning the proposed collection of on those who are to respond; including BILLING CODE 4210–67–P information to: (1) Evaluate whether the

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proposed collection of information is other forms of information technology, Description of the Need for the necessary for the proper performance of e.g., permitting electronic submission of Information and its Proposed the functions of the agency, including responses. The purpose of the FY13 Sustainable whether the information will have This notice also lists the following Communities Grant Program (SCRGP) is practical utility; (2) Evaluate the information: to offer researchers the opportunity to accuracy of the agency’s estimate of the Title of Proposal: FY 13 submit grant applications to fund burden of the proposed collection of quality research under the broad subject information; (3) Enhance the quality, Transformative Initiative Sustainable Communities Research Grant Program area of sustainability. HUD is primarily utility, and clarity of the information to interested in funding cutting edge (SCRGP). be collected; and (4) Minimize the research in the areas of equitable burden of the collection of information OMB Approval Number: 2528–0264. affordable housing development, on those who are to respond; including Form Numbers: SF–424supp, 424cb, transportation and infrastructure through the use of appropriate SFLLL, SF–424, 2880. financing, and energy and ‘‘green’’ automated collection techniques or building practices.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 20 1 49 980

Total Estimated Burden Hours: 980. SUMMARY: We, the U.S. Fish and applicants to conduct activities with Status: Reinstatement with change of Wildlife Service, have issued the United States endangered or threatened a previously approved collection. following permits, between January and species for scientific purposes, Authority: Section 3507 of the Paperwork June 2012, to conduct certain activities enhancement of propagation or survival, Reduction Act of 1995, 44 U.S.C. 35, as with endangered species. The or interstate commerce (the latter only amended. Endangered Species Act of 1973, as in the event that it facilitates scientific Dated: July 13, 2012. amended (Act), prohibits activities with purposes or enhancement of endangered and threatened species propagation or survival). Our Colette Pollard, unless a Federal permit allows such regulations implementing section Department Reports Management Officer, activity. The Act also requires that we 10(a)(1)(A) for these permits are found Office of the Chief Information Officer. invite public comment before issuing at 50 CFR 17.22 for endangered wildlife [FR Doc. 2012–17499 Filed 7–17–12; 8:45 am] these permits for endangered species. species, 50 CFR 17.32 for threatened BILLING CODE 4210–67–P FOR FURTHER INFORMATION CONTACT: Kris wildlife species, 50 CFR 17.62 for Olsen, Permit Coordinator Ecological endangered plant species, and 50 CFR Services, (303) 236–4256 (phone); 17.72 for threatened plant species. DEPARTMENT OF THE INTERIOR [email protected] (email). We have issued the following permits SUPPLEMENTARY INFORMATION: in response to incidental take and Fish and Wildlife Service recovery permit applications we Background received under the authority of section [FWS–R6–ES–2012–N159; The Act (16 U.S.C. 1531 et seq.) 10 of the Act (16 U.S.C. 1531 et seq.). FXES11130600000D2–123–FF06E00000] prohibits activities with endangered and Each permit listed below was issued threatened species unless a Federal only after we determined that it was Endangered and Threatened Wildlife permit allows such activity. Along with applied for in good faith; that granting and Plants; Issuance of Recovery our implementing regulations in the the permit would not be to the Permits Code of Federal Regulations (CFR) at 50 disadvantage of the listed species; and AGENCY: Fish and Wildlife Service, CFR part 17, the Act provides for that the terms and conditions of the Interior. permits. permit were consistent with the A permit granted by us under section purposes and policies set forth in the ACTION: Notice of issuance of permits. 10(a)(1)(A) of the Act authorizes Act.

Date Date Applicant name Permit No. issued expired

Recovery Permits

Montana Fish, Wildlife, and Parks ...... 047250 01/01/2012 09/30/2016 Bureau of Land Management ...... 059105 01/01/2012 09/30/2016 California Academy of Sciences ...... 161444 01/01/2012 06/30/2015 Colorado Parks and Wildlife ...... 047290 01/01/2012 03/13/2017 Department of the Army ...... 049623 01/01/2012 06/30/2017 Saratoga National Fish Hatchery ...... 052204 01/01/2012 09/30/2016 Colorado State University ...... 056079 01/01/2012 06/30/2016 Utah State University ...... 07858A 01/01/2012 06/30/2017 Kansas Department of Health and Environment ...... 064685 01/01/2012 06/30/2017 Detroit Zoo ...... Dakota Zoological Society ...... 051815 01/01/2012 06/30/2015 Kleinfelder ...... 056165 01/01/2012 03/31/2016 Cedar Creek Associates ...... 050704 01/01/2012 09/30/2016 Toronto Zoo ...... 051841 01/01/2012 12/31/2016

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Date Date Applicant name Permit No. issued expired

Louisville Zoo ...... 051826 01/01/2012 12/31/2016 Wyoming Natural Diversity Database ...... 085324 01/01/2012 09/30/2016 Toledo Zoological Gardens ...... 052627 01/01/2012 09/30/2016 Wind Cave National Park ...... 145090 01/01/2012 12/31/2016 Colorado Parks and Wildlife ...... 051368 01/01/2012 09/30/2016 Denver Botanic Gardens ...... 106182 01/01/2012 09/30/2016 Red Butte Garden and Arboretum ...... 049109 01/01/2012 09/30/2016 Missouri National Recreational River ...... 67018A 01/01/2012 09/30/2016 Omaha’s Henry Doorly Zoo ...... 053961 01/01/2012 09/30/2016 Turner Endangered Species Fund ...... 051139 01/01/2012 12/31/2016 Northern Prairie Wildlife Research Center ...... 121914 01/01/2012 09/30/2016 Great Plains Fish & Wildlife Conservation Office ...... 056851 01/01/2012 09/30/2016 Utah State University ...... 08832A 01/01/2012 09/30/2016 Two R Ranch Wildlife Consulting ...... 66793A 04/23/2012 04/30/2017 Niobrara National Scenic River ...... 053925 01/01/2012 09/30/2016 Missouri River Fish & Wildlife Conservation Office ...... 105455 01/01/2012 12/31/2015 Nebraska National Forests and Grasslands ...... 051374 01/01/2012 09/30/2016 Kansas Department of Wildlife and Parks ...... 052005 01/01/2012 09/30/2016 Colorado Natural Heritage Program ...... 059369 01/01/2012 09/30/2016 Kansas State University ...... 067729 03/13/2012 06/30/2016

Availability of Documents DATES: Interested persons are invited to and cost) of the collection of Documents and other information submit comments on or before August information, including the validity of 17, 2012. submitted with these applications are the methodology and assumptions used; available for review, subject to the ADDRESSES: You may submit comments (c) Ways we could enhance the quality, requirements of the Privacy Act and on the information collections to the utility, and clarity of the information to Freedom of Information Act, by any Desk Officer for the Department of the be collected; and (d) Ways we could party who submits a written request for Interior at the Office of Management and minimize the burden of the collection of the information on the respondents, a copy of such documents (see FOR Budget, by facsimile to (202) 395–5806; or you may send an email to: such as through the use of automated FUTHER INFORMATION CONTACT section of _ this notice). OIRA [email protected]. Please collection techniques or other forms of send a copy of your comments to LeRoy information technology. Authority Gishi, Chief, Division of Transportation, Please note that an agency may not We provide this notice under section Bureau of Indian Affairs, 1849 C Street conduct or sponsor, and an individual 10 of the Act (16 U.S.C. 1531 et seq.). NW., MS–4512 MIB, Washington, DC need not respond to, a collection of 20240; facsimile: (202) 208–4696 email: information unless it has a valid OMB Dated: July 5, 2012. [email protected]. Control Number. Michael G. Thabault, FOR FURTHER INFORMATION CONTACT: It is our policy to make all comments Acting Regional Director, Mountain-Prairie LeRoy Gishi, (202) 513–7711. You may available to the public for review at the Region. review the information collection location listed in the ADDRESSES section. [FR Doc. 2012–17451 Filed 7–17–12; 8:45 am] requests online at http:// Before including your address, phone BILLING CODE 4310–55–P www.reginfo.gov. Follow the number, email address or other instructions to review Department of the personally identifiable information, be Interior collections under review by advised that your entire comment— DEPARTMENT OF THE INTERIOR OMB. including your personally identifiable information—may be made public at Bureau of Indian Affairs SUPPLEMENTARY INFORMATION: any time. While you may request that Renewal of Agency Information I. Abstract we withhold your personally Collection for Indian Reservation This collection allows Federally identifiable information, we cannot Roads recognized Tribal governments to guarantee that we will be able to do so. participate in the Indian Reservation III. Data AGENCY: Bureau of Indian Affairs, Roads (IRR) program as defined in 25 Interior. U.S.C. 204(a)(1). The information OMB Control Number: 1076–0161. ACTION: Notice of submission to OMB. collected determines the allocation of Title: 25 CFR part 170, Indian IRR program funds to Indian tribes as Reservation Roads. SUMMARY: In compliance with the described in 25 U.S.C. 202(d)(2)(A). Brief Description of Collection: Some Paperwork Reduction Act of 1995, the of the information such as the Bureau of Indian Affairs (BIA) is seeking II. Request for Comments application of Indian Reservation Roads comments on renewal of Office of The BIA requests your comments on High Priority Projects (IRRHPP) (25 CFR Management and Budget (OMB) these collections concerning: (a) The 170.210), the road inventory updates (25 approval for the collection of necessity of this information collection CFR 170.443), the development of a long information for Indian Reservation for the proper performance of the range transportation plan (25 CFR Roads. The information collection is functions of the agency, including 170.411 and 170.412), the development currently authorized by OMB Control whether the information will have of a tribal transportation improvement Number 1076–0161, which expires July practical utility; (b) The accuracy of the program and priority list (25 CFR 31, 2012. agency’s estimate of the burden (hours 170.420 and 170.421) are mandatory for

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consideration of projects and for DATES: Interested parties may submit listed above (See ADDRESSES). Written program funding from the formula. written comments regarding the comments on the proposed Some of the information, such as public proposed supplementary rules until supplementary rules should be specific hearing requirements, is necessary for September 17, 2012. and confined to issues pertinent to the public notification and involvement (25 ADDRESSES: You may submit comments proposed rules, and should explain the CFR 170.437 and 170.439). While other by mail, electronic mail, or hand- reason for any recommended change. information, such as data appeals (25 delivery. Mail or Hand Delivery: Jared Where possible, comments should CFR 170.231) and requests for design Fluckiger, Outdoor Recreation Planner, reference the specific section or exceptions (25 CFR 170.456), are Bureau of Land Management, Boise paragraph of the proposal that the voluntary. District Office, 3948 Development Ave. commenter is addressing. The BLM is Type of Review: Extension without Boise, Idaho 83705. Electronic Mail: not obligated to consider, or include in change of a currently approved [email protected]. the Administrative Record for the final collection. supplementary rules, comments FOR FURTHER INFORMATION CONTACT: Respondents: Federally recognized delivered to an address other than those Jared Fluckiger, Outdoor Recreation Indian Tribal governments who have listed above (See ADDRESSES) or Planner, at 208–384–3342 or by email at transportation needs associated with the comments that the BLM receives after [email protected]. IRR Program as described in 25 CFR part the close of the comment period (See Persons who use a telecommunications 170. DATES), unless they are postmarked or device for the deaf (TDD) may call the Number of Respondents: 1,409. electronically dated before the deadline. Frequency of Response: Annually or Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact Comments, including names, street on an as needed basis. addresses, and other contact Estimated Time per Response: Reports Mr. Flukiger. information for respondents, will be require from 30 minutes to 40 hours to SUPPLEMENTARY INFORMATION: available for public review at the BLM complete. An average would be 16 I. Background Boise District Office address listed in hours. II. Public Comment Procedures ADDRESSES during regular business Estimated Total Annual Hour Burden: III. Discussion of Proposed Supplementary 19,628 hours. hours (8:00 a.m. to 4:30 p.m., Monday Rules through Friday, except Federal Estimated Total Annual Cost Burden: IV. Procedural Matters $0. holidays). Before including your I. Background address, phone number, email address, Dated: July 13, 2012. or other personal identifying Alvin Foster, Public Law 103–64 established the NCA in 1993 for the ‘‘* * * information in your comment, you Assistant Director for Information Resources. conservation, protection, and should be aware that your comment— [FR Doc. 2012–17471 Filed 7–17–12; 8:45 am] enhancement of raptor populations and including your personal identifying BILLING CODE 4310–LY–P habitats and the natural and information—may be made publicly environmental resources and values available at any time. While you can ask associated therewith * * *’’ The NCA’s us in your comment to withhold your DEPARTMENT OF THE INTERIOR RMP was completed in September 2008. personal identifying information from public review, we cannot guarantee that Bureau of Land Management The NCA is located in southwestern Idaho, within a 30-minute drive of we will be able to do so. [LLIDB00100 LF1000000.HT0000 Idaho’s capital, Boise, where almost half III. Discussion of Proposed LXSS020D0000 4500031240] of the State’s population resides. It is Supplementary Rules located in Ada, Canyon, Elmore, and Proposed Supplementary Rules for the Owyhee counties and encompasses In keeping with the BLM performance Morley Nelson Snake River Birds of approximately 483,700 public land goal of reducing threats to public health, Prey National Conservation Area acres extending 81 miles along the safety, and property, supplementary AGENCY: Bureau of Land Management, Snake River. The NCA includes the rules are necessary to protect the natural Interior. 138,000-acre Orchard Training Area, and cultural resources within the NCA as described in the NCA Management ACTION: Proposed supplementary rules. used by the Idaho Army National Guard for military training since 1953. Within Plan; to allow for safe public recreation SUMMARY: The Bureau of Land its boundary are approximately 41,200 and public health; to reduce the Management (BLM) is proposing State, 4,800 private, and 1,600 military potential for environmental damage; supplementary rules for all BLM- acres, and 9,300 acres covered by water. and to enhance the safety of visitors and administered public lands within the These lands are not affected by the NCA neighboring residents. approximately 483,700-acre Morley designation or subsequent RMP The proposed supplementary rules Nelson Snake River Birds of Prey decisions. would prohibit rock climbing and National Conservation Area (NCA), These proposed supplementary rules rappelling on BLM-administered public addressed in the September 2008 would help the BLM achieve land within the Morley Nelson Snake Resource Management Plan (RMP) and management objectives and implement River Birds of Prey NCA because of Record of Decision (ROD). The Snake RMP decisions. They would also adverse effects to 16 species of raptors River Birds of Prey NCA RMP identifies provide the BLM with enforcement that nest in or on canyon walls at implementation level decisions which capability to help prevent damage to various times of the year. Unstable describe an array of management actions natural resources, and provide for basalt also poses a significant safety designed to conserve natural and public health and safety. hazard to anyone climbing on the cliffs. cultural resources on BLM administered Prohibiting open fires outside of BLM- land while providing for recreational II. Public Comment Procedures approved fire rings would help avert opportunities. These supplementary You may mail, email, or hand-deliver human-caused wildfire which would rules would help enforce the decisions comments to Jared Fluckiger, protect archeological sites and slickspot in the NCA RMP. Recreational Planner, at the addresses peppergrass (Lepidium papilliferum),

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which is a Federally listed species (2) Do the proposed supplementary conduct for use of a limited area of under the Endangered Species Act. rules contain technical language or public lands and would have no effect In the past, some of the NCA’s jargon that interferes with their clarity? on business entities of any size. significant cultural resources have been (3) Does the format of the proposed Therefore, the BLM has determined, damaged by paintball gun use. supplementary rules (grouping and under the RFA, that the proposed Prohibiting paintball activities within order of sections, use of headings, supplementary rules would not have a the Snake River Canyon and within 1⁄4 paragraphing, etc.) aid or reduce their significant economic impact on a mile of the canyon rim eliminates the clarity? substantial number of small entities. adverse effects to early cabin (4) Would the proposed supplementary rules be easier to Small Business Regulatory Enforcement architecture, ferry crossings, Oregon Fairness Act Trail segments, and petroglyphs. understand if they were divided into more (but shorter) sections? These proposed supplementary rules With supplementary rules, the BLM (5) Is the description of the proposed do not constitute a ‘‘major rule’’ as would better manage its wildlife habitat supplementary rules in the defined at 5 U.S.C. 804(2). They would and cultural resources. There would be SUPPLEMENTARY INFORMATION section of not result in an effect on the economy improved opportunities for NCA users this preamble helpful to your of $100 million or more, an increase in to view and study nesting raptors. understanding of the proposed costs or prices, or significant adverse Prohibition of rock climbing and supplementary rules? How could this effects on competition, employment, rapelling would protect raptor nests, description be more helpful in making investment, productivity, innovation, or reduce the potential for other the proposed supplementary rules easier the ability of United States-based environmental damage, and curtail to understand? enterprises to compete with foreign- safety risks and rescue emergency Please send any comments you have based enterprises in domestic and situations. The chances of a human- on the clarity of the proposed export markets. These proposed caused wildfire would be reduced, and supplementary rules to the address supplementary rules would merely cultural resources would receive greater specified in the ADDRESSES section. establish rules of conduct for use of a protection. National Environmental Policy Act limited area of public lands and do not IV. Procedural Matters (NEPA) affect commercial or business activities of any kind. Executive Order 12866, Regulatory The BLM prepared an environmental Planning and Review impact statement as part of the Unfunded Mandates Reform Act development of the NCA RMP. During The proposed supplementary rules These proposed supplementary rules that NEPA process, many alternative are not a significant regulatory action would not impose an unfunded decisions for the NCA were fully and are not subject to review by the mandate on State, local, or tribal analyzed and offered for public Office of Management and Budget under governments or the private sector of comment, including the substance of Executive Order 12866. They would not more than $100 million per year nor do these proposed supplementary rules. have an effect of $100 million or more they have a significant or unique effect The pertinent analysis can be found in on the economy. They would not on State, local, or tribal governments or Chapter 4 of the Proposed Resource adversely affect, in a material way, the the private sector. Therefore, the BLM is Management Plan and Final economy; productivity; competition; not required to prepare a statement Environmental Impact Statement for the jobs; environment; public health or containing the information required by Snake River Birds of Prey National safety; or State, local, or tribal the Unfunded Mandates Reform Act (2 Conservation Area, April 2006. The governments or communities. The U.S.C. 1531 et seq.). ROD for the RMP was signed by the proposed supplementary rules would Idaho BLM State Director on September Executive Order 12630, Governmental not create a serious inconsistency or 30, 2008. These supplementary rules Actions and Interference With otherwise interfere with an action taken provide for enforcement of plan Constitutionally Protected Property or planned by another agency. They decisions. The rationale for the Rights (Takings) would not materially alter the budgetary decisions made in the plan is fully These proposed supplementary rules effects of entitlements, grants, user fees, covered in the ROD. It is available for would not have significant takings or loan programs or the rights or review in the BLM administrative implications nor would they be capable obligations of their recipients; nor record at the address specified in the of interfering with constitutionally would they raise novel legal or policy ADDRESSES section and online at protected property rights. Therefore, the issues. The proposed rules merely http://www.blm.gov/id/st/en/fo/ BLM has determined that these rules contain rules of conduct for public use four_rivers/Planning/ would not cause a ‘‘taking’’ of private of a limited selection of public lands to snake_river_birds.html. property or require preparation of a protect public health and safety. takings assessment. Regulatory Flexibility Act Clarity of the Supplementary Rules Congress enacted the Regulatory Executive Order 13132, Federalism Executive Order 12866 requires each Flexibility Act of 1980 (RFA), as The proposed supplementary rules agency to write regulations that are amended, 5 U.S.C. 601–612, to ensure would not have a substantial direct simple and easy to understand. The that Government regulations do not effect on the States, on the relationship BLM invites your comments on how to unnecessarily or disproportionately between the Federal Government and make these proposed supplementary burden small entities. The RFA requires the States, or on the distribution of rules easier to understand, including a regulatory flexibility analysis if a rule power and responsibilities among the answers to questions such as the would have a significant economic various levels of government. The following: impact, either detrimental or beneficial, proposed supplementary rules would (1) Are the requirements in the on a substantial number of small not conflict with any law or regulation proposed supplementary rules clearly entities. These proposed supplementary of the State of Idaho. Therefore, in stated? rules would merely establish rules of accordance with Executive Order 13132,

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the BLM has determined that these Supplementary Rules for the Morley enhanced fines provided for by 18 proposed supplementary rules would Nelson Snake River Birds of Prey U.S.C. 3571. not have sufficient federalism National Conservation Area Steven A. Ellis, implications to warrant preparation of a Definitions Federalism Assessment. Bureau of Land Management, State Director, Rock Climbing: A sport/technique in Idaho. Executive Order 12988, Civil Justice which participants climb up, down or [FR Doc. 2012–17448 Filed 7–17–12; 8:45 am] Reform across natural rock formations, usually BILLING CODE 4310–GG–P The BLM has determined that these with ropes and other equipment. Rock proposed supplementary rules would climbing is similar to scrambling not unduly burden the judicial system (another activity involving the scaling of DEPARTMENT OF THE INTERIOR and that they meet the requirements of hills and similar formations), but Office of Surface Mining Reclamation sections 3(a) and 3(b)(2) of Executive climbing is generally differentiated by and Enforcement Order 12988. its sustained use of hands to support the Executive Order 13175, Consultation climber’s weight as well as to provide Notice of Intent To Initiate Public and Coordination With Indian Tribal balance. Scoping and Prepare an Environmental Governments Rappelling: A descent of a vertical Impact Statement for the Four Corners surface, as a cliff or wall, by sliding Power Plant and Navajo Mine Energy The BLM has found that these down a belayed rope that is passed Project proposed supplementary rules do not under one thigh and over the opposite include policies that would have tribal shoulder or through a device that AGENCY: Office of Surface Mining implications. provides friction, typically while facing Reclamation and Enforcement, Interior. Information Quality Act the surface and performing a series of ACTION: Notice of Intent to initiate short backward leaps to control the The Information Quality Act (Section public scoping and prepare an descent. Environmental Impact Statement. 515 of Pub. L. 106–554) requires Federal Improved Campsite: A specific agencies to maintain adequate quality, location identified by the BLM for SUMMARY: In accordance with the objectivity, utility, and integrity of the camping. Improved campsites include information that they disseminate. In National Environmental Policy Act of individual sites in developed 1969 (NEPA), 42 U.S.C. 4231–4347; the developing these supplementary rules, campgrounds and developed recreation the BLM did not conduct or use a study, Council on Environmental Quality’s sites for camping that may or may not (CEQ) regulations for implementing experiment, or survey or disseminate contain picnic tables, shelters, parking any information to the public. NEPA, 40 CFR Parts 1500 through 1508; sites, and/or grills. All improved and the Department of the Interior’s Executive Order 13211, Actions campsites are identified by a BLM map (DOI) NEPA regulations, 43 CFR Part 46, Concerning Regulations That or sign. the Office of Surface Mining Significantly Affect Energy Supply, Open Fires: Any fire not in a BLM- Reclamation and Enforcement (OSM), Distribution, or Use approved metal fire ring. Western Region (WR), Denver, Colorado, These proposed supplementary rules On BLM-administered public land intends to prepare an Environmental would not constitute a significant within the Morley Nelson Snake River Impact Statement (EIS). The EIS will energy action. The proposed Birds of Prey National Conservation analyze the impacts for several related supplementary rules would not have an Area, you must comply with the actions. It will analyze impacts for the adverse effect on energy supplies, following supplementary rules: BHP Navajo Coal Company (BNCC) production, or consumption, and have 1. Rock climbing and rappelling are Proposed Pinabete Permit and for the no connection with energy policy. prohibited on all lands administered by Navajo Mine Permit Renewal, both of the BLM within the NCA. which are located on the Navajo Paperwork Reduction Act 2. Open fires are prohibited on all Reservation in San Juan County, New These proposed supplementary rules lands administered by the BLM within Mexico. The EIS will also analyze the do not contain information collection the NCA. Campfires may only be located impacts for the Arizona Public Service requirements that the Office of on improved campsites within BLM- Company (APS) Proposed Four Corners Management and Budget must approve approved metal fire rings on all lands Power Plant (FCPP) lease amendment, under the Paperwork Reduction Act of administered by the BLM within the located on the Navajo Reservation in 1995, 44 U.S.C. 3501 et seq. NCA. Additional restrictions may be San Juan County, New Mexico, and imposed during periods of high fire associated transmission line rights-of- Author danger. way renewals for lines located on the The principal author of these 3. Paintball guns and equipment may Navajo and Hopi Reservations in San supplementary rules is Stanley not be used within the Snake River Juan County, New Mexico and Navajo, Buchanan, Boise District Law Canyon or within 1⁄4 mile of the canyon Coconino and Apache Counties in Enforcement Ranger, Bureau of Land rim. Arizona. The EIS will also analyze Management. Penalties: On public lands under impacts for the Public Service Company For the reasons stated in the Section 303(a) of the Federal Land of New Mexico (PNM) transmission line Preamble, and under the authority of 43 Policy and Management Act of 1976 (43 rights-of-way renewal associated with CFR 8365.1–6, the Morley Nelson Snake U.S.C. 1733(a) and 43 CFR 8360.0–7, the FCPP and located on the Navajo River Birds of Prey NCA, Bureau of any person who violates any of these Reservation in New Mexico. This Notice Land Management, proposes to issue supplementary rules may be tried before refers to these proposals collectively as supplementary rules for BLM- a United States Magistrate and fined no the ‘‘Project.’’ OSM is requesting public administered lands covered under the more than $1,000 or imprisoned for no comments on the scope of the EIS and Snake River Birds of Prey NCA RMP, to more than 12 months or both. Such significant issues that should be read as follows: violations may also be subject to addressed in the EIS.

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DATES: This notice initiates the public ADDRESSES: Comments may be (USFWS), National Park Service (NPS), scoping process. To ensure submitted in writing or by email. At the and U.S. Army Corps of Engineers consideration in developing the draft top of your letter or in the subject line (USACE) will cooperate with OSM in EIS, we must receive your electronic or of your email message, please indicate the preparation of the EIS. The USACE written comments by the close of the that the comments are ‘‘Four Corners- will use this public scoping as part of scoping period on September 17, 2012. Navajo Mine EIS Comments.’’ the Clean Water Act (CWA) Section 404, At the scoping meetings, the public is • Email comments should be sent to: 33 U.S.C. 1344, permitting public invited to submit comments and [email protected]. noticing process. The USACE will have resource information, and identify • Mail/Hand-Delivery/Courier: material available on the proposed issues or concerns to be considered in Written comments should be sent to: impacts to waters of the United States, NEPA compliance process. Marcelo Calle, OSM Western Region, and will accept comments during the We will host public scoping meetings 1999 Broadway, Suite 3320, Denver, meetings described below. This scoping where you may submit written and oral Colorado 80202–3050. process is intended to fulfill the comments. These open house public FOR FURTHER INFORMATION CONTACT: For USACEs’ public meeting or hearing scoping meetings will be held at the further information about the Project requirement for the proposed action. following locations: and/or to have your name added to the OSM will conduct compliance with • Hotevilla, Arizona, on Thursday, mailing list, contact: Marcelo Calle, Section 106 of the National Historic August 9, 2012, from 3:00 p.m. to OSM Project Coordinator, at 303–293– Preservation Act (16 U.S.C. 470f) (NHPA 7:00 p.m. at the Hotevilla Village. 5035. Persons who use a Section 106) as provided for in 36 CFR • Cortez, Colorado, on Friday, August telecommunications device for the deaf 800.2(d)(3) concurrently with the NEPA 10, 2012, from 5:00 p.m. to (TDD) may call the Federal Information process, including public involvement 9:00 p.m. at the Montezuma-Cortez High Relay Service (FIRS) at 1–800–877–8339 requirements and consultation with the School. to contact the above individual during State Historic Preservation Officer and • Burnham, New Mexico, on normal business hours. The FIRS is Tribal Historic Preservation Officer. Saturday, August 11, 2012, from 9:00 available 24 hours a day, 7 days a week, Native American tribal consultations a.m. to 1:00 p.m. at the Burnham to leave a message or question with the will be conducted in accordance with Chapter House, Navajo Indian above individual. You will receive a applicable laws, regulations, and Reservation. reply during normal business hours. Department of Interior policy, and tribal concerns will be given due • Nenahnezad, New Mexico, on SUPPLEMENTARY INFORMATION: consideration, including impacts on Monday, August 13, 2012, from I. Background on the Project Indian trust assets. Federal, tribal, state, 5:00 p.m. to 9:00 p.m. at the II. Background on the Four Corners Power and local agencies, along with other Nenahnezad Chapter House, Navajo Plant stakeholders that may be interested in or Indian Reservation. III. Application for the Pinabete Mine Permit affected by the Federal agencies’ • Farmington, New Mexico, on and the Navajo Mine Permit Renewal decisions on the Project, are invited to Tuesday, August 14, 2012, from IV. Alternatives and Related Impacts Under Consideration participate in the scoping process and, 5:00 p.m. to 9:00 p.m. at the Farmington V. Public Comment Procedures if eligible, may request or be requested Civic Center. • I. Background on the Project by OSM to participate as a cooperating Shiprock, New Mexico, on agency. Wednesday, August 15, 2012, from The purpose of the Project is to Interested persons may view 5:00 p.m. to 9:00 p.m. at the Shiprock facilitate ongoing operations at the information about the proposed Project High School. FCPP, and on BNCC’s Navajo Mine on our Web site at http:// • Durango, Colorado, on Thursday, Lease to provide for long-term, reliable, www.wrcc.osmre.gov/FCPPEIS.shtm;. August 16, 2012, from 4:00 p.m. to continuous, and uninterrupted base The Web site contains information 8:00 p.m. at the Durango Public Library. load electrical power to customers in related to the comment period during • Window Rock, Arizona, on Friday, the southwestern U.S., using a reliable which persons may submit comments, August 17, 2012, from 5:00 p.m. to and readily available fuel source. The and the locations, dates, and times of 9:00 p.m. at the Navajo Nation Museum. Project proposes to accomplish this public scoping meetings. • Albuquerque, New Mexico, on while complying with tribal trust As part of its consideration of impacts Saturday, August 18, 2012, from responsibilities, both to support of the proposed Project on threatened 11:00 a.m. to 3:00 p.m. at the Indian economic opportunities on Navajo and endangered species, OSM will Pueblo Cultural Center. Nation and Hopi tribal trust lands, and conduct formal consultation with the Times, dates, and specific locations to help provide for economic USFWS pursuant to Section 7 of the for these meetings will also be development of the Navajo Nation and Endangered Species Act (ESA), 16 announced through the OSM WR Web Hopi Tribe through lease and right-of- U.S.C. 1536, and its implementing site http://www.wrcc.osmre.gov/ way revenues, royalties, tribal taxes and regulations, 50 CFR Part 400. Formal FCPPEIS.shtm, press releases, local jobs. The EIS will address the direct, consultation will consider direct and newspapers, radio announcements and indirect, and cumulative impacts of indirect impacts from the proposed other media, at least 15 days prior to these actions at the FCPP, the proposed Project, including operation of the each event. Pinabete Permit area, and the existing FCPP, continuing operation and Hopi and Navajo interpreters will be Navajo Mine Permit area, including any maintenance of existing transmission present at meetings on the Hopi and connected Federal actions relating to lines and ancillary facilities, and all Navajo Reservations. operations on the Navajo Mine Lease mining and related operations within If you require reasonable and at FCPP. the Navajo Mine Lease. accommodations to attend one of the At this time the Navajo Nation, In addition to compliance with NEPA, meetings, contact the person listed Bureau of Indian Affairs (BIA), Bureau NHPA Section 106, and ESA Section 7, under FOR FURTHER INFORMATION of Land Management (BLM), U.S. all Federal actions will be in CONTACT at least one week before the Environmental Protection Agency compliance with applicable meeting. (USEPA), U.S. Fish and Wildlife Service requirements of the Indian Business Site

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Leasing Act, 25 U.S.C. 415; the General The desired future operation of the • Approval of a Section 402 National Right-of-Way Act of 1948, 25 U.S.C. FCPP plant site involves removing Units Pollutant Discharge Elimination System 323–328; the Surface Mining Control 1, 2, and 3 from service on or before (NPDES) permit or permit revision by and Reclamation Act of 1977 (SMCRA), 2014, installing pollution control the EPA. 30 U.S.C. 1201–1328; the CWA, 33 upgrades on Units 4 and 5, and • Approval by the BIA of a proposed U.S.C. 1251–1387; the Clean Air Act, 42 continued operation of the independent realignment for approximately 2.8 miles U.S.C. 7401–7671q; the Native switch yard and transmission lines. This of BIA 3005/Navajo Road N–5082 American Graves Protection and scenario would substantially reduce (Burnham Road) in Area IV South to Repatriation Act, 25 U.S.C. 3001–3013; coal consumption and air emissions, avoid proposed mining areas. and Executive Orders relating to and lower the power output of the plant • Approval or grant of permits or Environmental Justice, Sacred Sites, and to approximately 1,500 megawatts. The rights-of-way for access and haul roads, Tribal Consultation, and other ash disposal area would expand in power supply for operations, and applicable laws and regulations. future years within the current FCPP related facilities by the BIA. lease boundary. There is no proposed In addition, OSM expects BNCC to II. Background on the Four Corners change to the exterior boundary of the submit a renewal application in 2014 for Power Plant FCPP site, the switch yard, or any of the its existing Navajo Mine SMCRA Permit The FCPP, located on tribal trust transmission lines and ancillary No. NM00003F. The EIS will therefore lands in the New Mexico portion of the facilities as part of the proposed actions. also address alternatives and direct, Navajo Reservation, is a coal-fired III. Application for the Pinabete Mine indirect, and cumulative impacts of the electric generating station, which 2014 renewal application action. currently includes five units generating Permit and the Navajo Mine Permit approximately 2,100 megawatts, and Renewal IV. Alternatives and Related Impacts provides power to more than 500,000 Concurrent with the proposed FCPP Under Consideration customers. Nearly 80 percent of the lease amendment approval and renewed The proposed actions will be employees at the plant are Native rights-of-way grant actions, BNCC considered in a single EIS that will American. APS operates the FCPP, and proposes to develop a new address alternatives and direct, indirect, recently executed a lease amendment approximately 5,600-acre permit area, and cumulative impacts of the Project. (Lease Amendment No. 3) with the called the Pinabete Permit. This Alternatives for the Project that are Navajo Nation to extend the term of the proposed permit area lies within the under consideration include: lease for the FCPP an additional 25 boundaries of BNCC’s existing Navajo (a) The proposed actions described years, to 2041. Continued operation of Mine Lease, which is located adjacent to above; the FCPP is expected to require several the FCPP on tribal trust lands on the (b) A no action alternative, which Federal actions, including: Navajo Reservation. BNCC proposes to would result in the expiration of the • Approval from BIA of Lease conduct mining operations on an FCPP lease and associated rights-of-way, Amendment No. 3 for the FCPP plant approximately 3,100-acre portion of the but would not result in the expiration of site, pursuant to 25 U.S.C. 415. Lease proposed Pinabete Permit area. The BNCC’s Navajo Mine Lease; and Amendment No. 3 has been signed by proposed Pinabete Permit area would, (c) Any environmentally preferable the Navajo Nation after Navajo Nation in conjunction with the mining of any alternatives that may be identified in Council approval. reserves remaining within the existing accordance with 40 CFR Part 1500 and • Issuance by BIA of renewed rights- Navajo Mine Permit area (Federal 43 CFR Part 46. of-way, pursuant to 25 U.S.C. 323, for SMCRA Permit NM0003F), supply low- The purpose of the public scoping the FCPP plant site and its switchyard sulfur coal to the FCPP at a rate of process is to determine relevant issues and ancillary facilities; for a 500 kilovolt approximately 5.8 million tons per year. that could influence the scope of the (kV) transmission line and two 345 kV Development of the Pinabete Permit environmental analysis, including transmission lines; and for ancillary area and associated coal reserves would alternatives, and guide the process for transmission line facilities, including use surface mining methods and, based developing the EIS and related the Moenkopi Switchyard, an associated on current projected customer needs, compliance efforts. The final range of 12 kV line, and an access road; would supply coal to FCPP for up to 25 reasonable alternatives to be considered (collectively the ‘‘Existing Facilities’’). years beginning in 2016. The proposed will be determined based in part on the The Existing Facilities are located on Pinabete Permit area would include comments received during the scoping the Navajo Reservation, except for the previously permitted but undeveloped process. 500 kV transmission line which crosses coal reserves within Area IV North of At present, OSM has identified the both Navajo and Hopi tribal lands. The the Navajo Mine Lease, and unpermitted following preliminary issues and Existing Facilities are already in place and undeveloped coal reserves in a potential impacts: and would continue to be maintained portion of Area IV South of the existing • Threatened and endangered and operated as part of the proposed Navajo Mine Lease. Approval of the species, including the Razorback sucker action. No upgrades to the transmission proposed Pinabete Permit is expected to (Xyrauchen texanus), Colorado lines or ancillary transmission line require several Federal actions, pikeminnow (Ptychochelius Lucius), facilities are planned as part of the including: and Southwestern Willow Flycatcher proposed Project. • Approval by OSM of the new (Empidonax traillii extimus); • Issuance by the BIA of renewed SMCRA permit. • Air quality and climate change; rights-of-way to PNM for the existing • Approval by the BLM of a revised • Surface and ground water quality; 345 kV transmission facilities. The Mine Plan developed for the proposed • Environmental Justice transmission facilities are already in maximum economic recovery of coal considerations; place, and will continue to be reserves. • Cultural and historic resources; maintained and operated as part of the • Approval of a Section 404 • Biological resources; proposed action. No upgrades to these Individual Permit by the USACE for the • Visual resources; transmission lines are planned as part of impacts to waters of the United States • Public Health; the proposed Project. from proposed mining activities. • Socioeconomics; and

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• Noise and vibration. INTERNATIONAL TRADE DEPARTMENT OF JUSTICE COMMISSION V. Public Comment Procedures Notice of Lodging of Consent Decree Modification Under the Clean Water In accordance with the CEQ’s [Investigation No. 731–TA–1189 (Final)] regulations for implementing NEPA and Act the DOI’s NEPA regulations, OSM Large Power Transformers From Notice is hereby given that on July 2, solicits public comments on the scope Korea; Revised Schedule for the 2012, a proposed Consent Decree of the EIS and significant issues that it Subject Investigation Modification (‘‘Modification’’) in United should address in the EIS. States and State of New Hampshire v. Written comments, including email AGENCY: United States International City of Portsmouth, New Hampshire, comments, should be sent to OSM at the Trade Commission. Civil Action No. 09–CV–283–PB, was addresses given in the ADDRESSES ACTION: Notice. lodged with the United States District section of this notice. Comments should Court for the District of New Hampshire. be specific and pertain only to the The Modification modifies a Consent issues relating to the proposals. OSM DATES: Effective Date: July 12, 2012. Decree between the parties which was will include all comments in the entered by the federal district court on administrative record. FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202–205–3176), September 24, 2009 (‘‘Decree’’). The If you would like to be placed on the Decree resolved claims of the United mailing list to receive future Office of Investigations, U.S. International Trade Commission, 500 E States and State of New Hampshire information, please contact the person against the City of Portsmouth, New Street SW., Washington, DC 20436. listed under FOR FURTHER INFORMATION Hampshire (the ‘‘City’’), pursuant to Hearing-impaired persons can obtain CONTACT, above. Section 301(a) of the Clean Water Act information on this matter by contacting Hopi and Navajo interpreters will be (‘‘CWA’’), 33 U.S.C. 1301(a). present at meetings on the Hopi and the Commission’s TDD terminal on 202– The Decree required the City, among Navajo Reservations. 205–1810. Persons with mobility other things, to control discharges from If you require reasonable impairments who will need special the combined sewer overflow (‘‘CSO’’) accommodation to attend one of the assistance in gaining access to the outfalls, propose a schedule for meetings, please contact the person Commission should contact the Office construction of a secondary wastewater listed under FOR FURTHER INFORMATION of the Secretary at 202–205–2000. treatment facility for approval by the CONTACT at least one week before the General information concerning the United States Environmental Protection meeting. Commission may also be obtained by Agency, and upon inclusion of the accessing its internet server (http:// schedule in the Decree, comply with the Availability of Comments www.usitc.gov). The public record for construction schedule. The City OSM will make comments, including this investigation may be viewed on the encountered unexpected geological name of respondent, address, phone Commission’s electronic docket (EDIS) conditions that impaired the City’s number, email address, or other at http://edis.usitc.gov. ability to meet the previously- personal identifying information, designated CSO mitigation construction available for public review during SUPPLEMENTARY INFORMATION: On schedule. The Modification extends the normal business hours. Comments February 16, 2012, the Commission completion deadline for the CSO submitted anonymously will be established a schedule for the conduct projects by one year—until October accepted and considered; however, of the final phase of the subject 2014. Pursuant to the requirements in those who submit anonymous investigation (77 FR 16559, March 21, the Decree, the City proposed a detailed comments may not have standing to 2012). The Commission is revising its schedule for constructing secondary appeal the subsequent decision. schedule as follows: the Commission treatment facilities. The Modification Before including your address, phone will make its final release of information requires the City to complete number, email address, or other on August 3, 2012; and final party construction of secondary treatment personal identifying information in your comments are due on August 7, 2012. facilities by March, 2017. comment, you should be aware that For further information concerning The Department of Justice will receive your entire comment—including your this investigation see the Commission’s for a period of thirty (30) days from the date of this publication comments personal identifying information—will notice cited above and the relating to the Modification. Comments be publicly available. While you can ask Commission’s Rules of Practice and should be addressed to the Assistant us in your comment to withhold your Procedure, part 201, subparts A through Attorney General, Environmental and personal identifying information from E (19 CFR part 201), and part 207, public review, we cannot guarantee that Natural Resources Division, and either subparts A and C (19 CFR part 207). we will be able to do so. emailed to pubcomment- All submissions from organizations or Authority: This investigation is being [email protected] or mailed to P.O. businesses and from individuals conducted under authority of title VII of the Box 7611, U.S. Department of Justice, identifying themselves as Tariff Act of 1930; this notice is published Washington, DC 20044–7611, and representatives or officials of pursuant to section 207.21 of the should refer to United States and State organizations or businesses will be Commission’s rules. of New Hampshire v. City of available for public review to the extent By order of the Commission. Portsmouth, New Hampshire, Civil consistent with applicable law. Issued: July 12, 2012. Action No. 09–CV–283–PB, D.J. Ref. 90– 5–1–1–09308. Lisa R. Barton, Dated: June 8, 2012. During the public comment period, Allen D. Klein, Acting Secretary to the Commission. the Modification, may also be examined Regional Director, Western Region. [FR Doc. 2012–17416 Filed 7–17–12; 8:45 am] on the following Department of Justice [FR Doc. 2012–17437 Filed 7–17–12; 8:45 am] BILLING CODE 7020–02–P Web site, http://www.usdoj.gov/enrd/ BILLING CODE 4310–05–P Consent_Decrees.html. A copy of the

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Modification may also be obtained by submitted to www.regulations.gov will agency’s public docket file in person by mail from the Consent Decree Library, be posted for public review and are part appointment, please see the FOR P.O. Box 7611, U.S. Department of of the official docket record. Should FURTHER INFORMATION CONTACT Justice, Washington, DC 20044–7611 or you, however, wish to submit written paragraph. by faxing or emailing a request to comments via regular or express mail, Background ‘‘Consent Decree Copy’’ they should be sent to the Drug ([email protected]), fax no. Enforcement Administration, Attention: On December 12, 2011, DEA (202) 514–0097, phone confirmation DEA Federal Register Representative/ established the assessment of annual number (202) 514–5271. In requesting a ODL, 8701 Morrissette Drive, needs for 2012 for the list I chemicals copy from the Consent Decree Library, Springfield, VA 22152. ephedrine, pseudoephedrine, and phenylpropanolamine, pursuant to 21 please enclose a check in the amount of FOR FURTHER INFORMATION CONTACT: John U.S.C. 826(a) and 21 CFR 1315.11 (76 $2.75 (25 cents per page reproduction W. Partridge, Chief, Liaison and Policy FR 77252). That Notice indicated that cost) payable to the U.S. Treasury or, if Section, Drug Enforcement DEA would adjust the assessment of by email or fax, forward a check in that Administration, 8701 Morrissette Drive, annual needs at a later date, if amount to the Consent Decree Library at Springfield, VA 22152, Telephone: (202) necessary, as provided in 21 CFR the stated address. 307–4654. 1315.13. Ronald Gluck, SUPPLEMENTARY INFORMATION: DEA now proposes to adjust the Assistant Chief, Environmental Enforcement Posting of Public Comments established assessment of annual needs Section, Environment and Natural Resources for 2012 for the list I chemicals Division. Please note that all comments ephedrine, pseudoephedrine, and [FR Doc. 2012–17417 Filed 7–17–12; 8:45 am] received are considered part of the phenylpropanolamine. In proposing the BILLING CODE 4410–15–P public record and made available for adjustment, DEA has taken into account public inspection online at http:// the criteria that DEA is required to www.regulations.gov and in the DEA’s consider in accordance with 21 CFR DEPARTMENT OF JUSTICE public docket. Such information 1315.13. DEA proposes the adjustment includes personal identifying of the assessment of annual needs for Drug Enforcement Administration information (such as your name, 2012 by considering: (1) Changes in [Docket No. DEA–353] address, etc.) voluntarily submitted by demand, changes in the national rate of the commenter. net disposal, and changes in the rate of Proposed Adjustment of the If you want to submit personal net disposal by the registrants holding Assessment of Annual Needs for the identifying information (such as your individual manufacturing or import List I Chemicals Ephedrine, name, address, etc.) as part of your quotas for the chemical; (2) whether any Pseudoephedrine, and comment, but do not want it to be increased demand or changes in the Phenylpropanolamine for 2012 posted online or made available in the national and/or individual rates of net public docket, you must include the disposal are temporary, short term, or AGENCY: Drug Enforcement phrase ‘‘PERSONAL IDENTIFYING long term; (3) whether any increased Administration (DEA), Department of INFORMATION’’ in the first paragraph demand can be met through existing Justice. of your comment. You must also place inventories, increased individual ACTION: Notice with request for all the personal identifying information manufacturing quotas, or increased comments. you do not want posted online or made importation without increasing the available in the public docket in the first SUMMARY: This notice proposes to adjust assessment of annual needs; (4) whether paragraph of your comment and identify the 2012 assessment of annual needs for any decreased demand will result in what information you want redacted. the list I chemicals ephedrine, excessive inventory accumulation by all If you want to submit confidential persons registered to handle the pseudoephedrine, and business information as part of your phenylpropanolamine. particular chemical; and (5) other comment, but do not want it to be factors affecting the medical, scientific, DATES: Electronic comments must be posted online or made available in the research, industrial, and importation submitted and written comments must public docket, you must include the needs in the United States, lawful be postmarked on or before August 17, phrase ‘‘CONFIDENTIAL BUSINESS export requirements, and reserve stocks, 2012. Commenters should be aware that INFORMATION’’ in the first paragraph as the Administrator finds relevant. the electronic Federal Docket of your comment. You must also Other factors that DEA considered Management System will not accept prominently identify confidential include trends as derived from comments after midnight Eastern Time business information to be redacted information provided in applications for on the last day of the comment period. within the comment. If a comment has import, manufacturing, and ADDRESSES: To ensure proper handling so much confidential business procurement quotas and in import and of comments, please reference ‘‘Docket information that it cannot be effectively export declarations. The inventory, No. DEA–353’’ on all electronic and redacted, all or part of that comment acquisition (purchases), and disposition written correspondence. DEA may not be posted online or made (sales) data as provided by DEA encourages all comments be submitted available in the public docket. registered manufacturers and importers electronically through http:// Personal identifying information and reflects the most current information www.regulations.gov using the confidential business information available to DEA at the time of electronic comment form provided on identified and located as set forth above publication of this Notice. that site. An electronic copy of this will be redacted, and the comment, in document is also available at the redacted form, will be posted online and Analysis http://www.regulations.gov Web site for placed in the DEA’s public docket file. In determining whether to propose easy reference. Paper comments that Please note that the Freedom of adjustments to the 2012 assessment of duplicate the electronic submission are Information Act applies to all comments annual needs, DEA considered the total not necessary as all comments received. If you wish to inspect the net disposals (i.e., sales) of the list I

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chemicals for the current and preceding national rate of net disposals from sales registered manufacturers of two years, actual and estimated data provided by IMS Health. The initial phenylpropanolamine reported sales inventories, projected demand (2012), assessment of annual needs was based totaling approximately 4,790 kg in 2010 industrial use, and export requirements on data received by DEA as of October and 5,289 kg in 2011; this represents a from updated data provided by DEA 17, 2011. Based on the updated nine percent increase in sales reported registered manufacturers and importers information provided to DEA as of June by these firms from 2010 to 2011. DEA in procurement quota applications (DEA 6, 2012, DEA is proposing to increase notes that phenylpropanolamine is sold 250), manufacturing quota applications the 2011 assessment of annual needs for primarily as a veterinary product and is (DEA 189), import quota applications pseudoephedrine from 258,000 kg to not approved for human consumption. (DEA 488), declarations for import and 278,000 kg. IMS Health’s NSP Data does not capture export, and other information. Data As of June 6, 2012, DEA registered sales of phenylpropanolamine to considered included data submitted to manufacturers of dosage form products veterinary channels and is, therefore, DEA after the initial assessment of containing ephedrine requested quota not considered. The initial assessment annual needs had been established. DEA for 4,221 kg of ephedrine (for sale) in of annual needs was based on data notes that the inventory, acquisition 2012. DEA registered manufacturers of received by DEA as of October 17, 2011. (purchases), and disposition (sales) data ephedrine reported sales totaling DEA is proposing to increase the 2012 proved by DEA registered manufacturers approximately 1,598 kg in 2010 and assessment of annual needs for and importers reflects the most current 3,158 kg in 2011; this represents a 49 phenylpropanolamine (for sale) from information available. In developing the percent increase in sales reported by 5,200 kg to 5,800 kg. proposed 2012 revision, DEA has used these firms from 2010 to 2011. As of June 6, 2012, the data provided the calculation methodology described Additionally, DEA considered to DEA for review of previously in the 2010 and 2011 information on trends in the national phenylpropanolamine (for conversion) assessment of annual needs (74 FR rate of net disposals from sales data and ephedrine (for conversion) 60294 and 75 FR 79407, respectively). provided by IMS Health. The initial demonstrated no significant changes in As of June 6, 2012, DEA registered assessment of annual needs was based demand or net disposals. DEA has thus manufacturers of dosage form products on data received by DEA as of October determined that the assessment of containing pseudoephedrine requested 17, 2011. Based on the updated annual needs for these chemicals— quota for 322,385 kg of information provided to DEA as of June phenylpropanolamine (for conversion) pseudoephedrine. DEA registered 6, 2012, DEA is proposing to increase and ephedrine (for conversion)—shall manufacturers of pseudoephedrine the 2012 assessment of annual needs for remain unchanged. reported sales totaling approximately ephedrine (for sale) from 4,000 kg to The Administrator, therefore, 189,030 kg in 2010 and 268,669 kg in 4,300 kg. proposes the following adjustment of 2011; this represents a 30 percent As of June 6, 2012, DEA registered the 2012 assessment of annual needs for increase in sales reported by these firms manufacturers of phenylpropanolamine the list I chemicals ephedrine, from 2010 to 2011. Additionally, DEA (for sale) requested quota for 7,763 kg of pseudoephedrine, and considered information on trends in the phenylpropanolamine (for sale). DEA phenylpropanolamine as follows:

Proposed ad- 2012 assess- justment to the List I chemicals ment of annual 2012 assess- needs ment of annual (kg) needs (kg)

Ephedrine (for sale) ...... 4,000 4,300 Phenylpropanolamine (for sale) ...... 5,200 5,800 Pseudoephedrine ...... 258,000 278,000 Phenylpropanolamine (for conversion) ...... 26,200 No Change Ephedrine (for conversion) ...... 12,000 No Change

In finalizing the adjustment of the public hearing on one or more issues DEPARTMENT OF JUSTICE 2012 assessment of annual needs for raised. In the event the Administrator ephedrine, pseudoephedrine, and decides in her sole discretion to hold Office of Justice Programs phenylpropanolamine, DEA will such a hearing, the Administrator will [OJP (OJJDP) Docket No. 1596] consider any additional changes in publish a notice of any such hearing in demand, changes in the national rate of the Federal Register. After Meeting of the Attorney General’s net disposal, or changes in the rate of consideration of any comments and National Task Force on Children net disposal by the registrants holding after a hearing, if one is held, the Exposed to Violence (Correction) individual manufacturing or import Administrator will publish in the AGENCY: quotas for the chemical, in accordance Office of Justice Programs, Federal Register a Final Order Justice. with 21 CFR Part 1315. determining any adjustment of the ACTION: Notice; correction. Comments assessment of annual needs. Dated: July 13, 2012. SUMMARY: The Office of Justice Programs Pursuant to 21 CFR 1315.13, any (OJP) published a notice in the Federal Michele M. Leonhart, interested person may submit written Register on July 2, 2012, announcing a comments on or objections to these Administrator. meeting of the Attorney General’s proposed determinations. Based on [FR Doc. 2012–17522 Filed 7–17–12; 8:45 am] National Task Force on Children comments received in response to this BILLING CODE 4410–09–P Exposed to Violence (the ‘‘task force’’). Notice, the Administrator may hold a As that notice stated, the final agenda

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was still being developed at the time of produced or services supplied by such workers’ separation or threat of the July 2, 2012, notice. The purpose of firm have increased; separation. this notice is to announce that the task (B) Imports of articles like or directly In order for an affirmative force will not hold a public meeting on competitive with articles into which one determination to be made for adversely July 24th and 25th, but rather, will be or more component parts produced by affected secondary workers of a firm and conducting preparatory work related to such firm are directly incorporated, a certification issued regarding developing a draft report to the Attorney have increased; eligibility to apply for worker General. OJP will provide notice of (C) Imports of articles directly adjustment assistance, each of the group future public meetings of the task force incorporating one or more component eligibility requirements of Section as they are scheduled. parts produced outside the United 222(c) of the Act must be met. FOR FURTHER INFORMATION CONTACT: Will States that are like or directly (1) A significant number or proportion Bronson, Designated Federal Officer competitive with imports of articles of the workers in the workers’ firm have (DFO), Deputy Associate Administrator, incorporating one or more component become totally or partially separated, or Child Protection Division, Office of parts produced by such firm have are threatened to become totally or Juvenile Justice & Delinquency increased; partially separated; Prevention, Office of Justice Programs, (D) Imports of articles like or directly (2) The workers’ firm is a Supplier or 810 7th Street NW., Washington, DC competitive with articles which are Downstream Producer to a firm that 20531. Phone: (202) 305–2427 [Note: produced directly using services employed a group of workers who this is not a toll-free number]; email: supplied by such firm, have increased; received a certification of eligibility [email protected]. and under Section 222(a) of the Act, and (4) The increase in imports such supply or production is related to Catherine Pierce, contributed importantly to such the article or service that was the basis Associate Administrator, Office of Justice workers’ separation or threat of for such certification; and Programs, Office of Juvenile Justice and separation and to the decline in the (3) Either— Delinquency Prevention, Child Protection sales or production of such firm; or (A) The workers’ firm is a supplier Division. II. Section 222(a)(2)(B) all of the and the component parts it supplied to [FR Doc. 2012–17472 Filed 7–17–12; 8:45 am] following must be satisfied: the firm described in paragraph (2) BILLING CODE 4410–18–P (1) A significant number or proportion accounted for at least 20 percent of the of the workers in such workers’ firm production or sales of the workers’ firm; have become totally or partially or (B) A loss of business by the workers’ DEPARTMENT OF LABOR separated, or are threatened to become firm with the firm described in totally or partially separated; paragraph (2) contributed importantly to Employment and Training (2) One of the following must be the workers’ separation or threat of Administration satisfied: separation. Notice of Determinations Regarding (A) There has been a shift by the In order for an affirmative Eligibility To Apply for Worker workers’ firm to a foreign country in the determination to be made for adversely Adjustment Assistance production of articles or supply of affected workers in firms identified by services like or directly competitive the International Trade Commission and In accordance with Section 223 of the with those produced/supplied by the a certification issued regarding Trade Act of 1974, as amended (19 workers’ firm; eligibility to apply for worker U.S.C. 2273) the Department of Labor (B) There has been an acquisition adjustment assistance, each of the group herein presents summaries of from a foreign country by the workers’ eligibility requirements of Section 222(f) determinations regarding eligibility to firm of articles/services that are like or of the Act must be met. apply for trade adjustment assistance for directly competitive with those (1) The workers’ firm is publicly workers by (TA–W) number issued produced/supplied by the workers’ firm; identified by name by the International during the period of June 25, 2012 and Trade Commission as a member of a through June 29, 2012. (3) The shift/acquisition contributed domestic industry in an investigation In order for an affirmative importantly to the workers’ separation resulting in— determination to be made for workers of or threat of separation. (A) An affirmative determination of a primary firm and a certification issued In order for an affirmative serious injury or threat thereof under regarding eligibility to apply for worker determination to be made for adversely section 202(b)(1); adjustment assistance, each of the group affected workers in public agencies and (B) An affirmative determination of eligibility requirements of Section a certification issued regarding market disruption or threat thereof 222(a) of the Act must be met. eligibility to apply for worker under section 421(b)(1); or I. Under Section 222(a)(2)(A), the adjustment assistance, each of the group (C) An affirmative final determination following must be satisfied: eligibility requirements of Section of material injury or threat thereof under (1) A significant number or proportion 222(b) of the Act must be met. section 705(b)(1)(A) or 735(b)(1)(A) of of the workers in such workers’ firm (1) A significant number or proportion the Tariff Act of 1930 (19 U.S.C. have become totally or partially of the workers in the public agency have 1671d(b)(1)(A) and 1673d(b)(1)(A)); separated, or are threatened to become become totally or partially separated, or (2) The petition is filed during the 1- totally or partially separated; are threatened to become totally or year period beginning on the date on (2) The sales or production, or both, partially separated; which— of such firm have decreased absolutely; (2) The public agency has acquired (A) A summary of the report and from a foreign country services like or submitted to the President by the (3) One of the following must be directly competitive with services International Trade Commission under satisfied: which are supplied by such agency; and section 202(f)(1) with respect to the (A) Imports of articles or services like (3) The acquisition of services affirmative determination described in or directly competitive with articles contributed importantly to such paragraph (1)(A) is published in the

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Federal Register under section 202(f)(3); (A) The 1-year period described in name and location of each or paragraph (2); or determination references the impact (B) Notice of an affirmative (B) Notwithstanding section 223(b)(1), date for all workers of such determination described in the 1-year period preceding the 1-year determination. period described in paragraph (2). subparagraph (1) is published in the The following certifications have been Federal Register; and Affirmative Determinations for Worker issued. The requirements of Section (3) The workers have become totally Adjustment Assistance 222(a)(2)(A) (increased imports) of the or partially separated from the workers’ The following certifications have been Trade Act have been met. firm within— issued. The date following the company

TA–W No. Subject firm Location Impact date

81,405 ...... Lumber Products, Millwork & Components Division, Aerotek and Tualatin, OR ...... February 27, 2011. Madden Industrial Craftsmen. 81,687 ...... Amerbelle Textiles LLC, Job Pro ...... Vernon, CT ...... June 5, 2011.

The following certifications have been services) of the Trade Act have been issued. The requirements of Section met. 222(a)(2)(B) (shift in production or

TA–W No. Subject firm Location Impact date

81,546 ...... Lawson Software, Inc., UI Wages Reported Through Lawson St. Paul, MN ...... April 26, 2011. Software Americas, Inc. and Infor, Inc. 81,604 ...... Walbar, Inc., AMI Industries, Goodrich Pump & Engine, Goodrich Chandler, AZ ...... May 19, 2012. Corp., Adecco. 81,663 ...... American Express Travel Related Services Company, Inc., Amer- Phoenix, AZ ...... May 26, 2011. ican Express Company, Global Service Delivery Optimization Division. 81,721 ...... WellPoint, Inc., WellPoint Companies, Inc., Post Service Clinical Denver, CO ...... June 14, 2011. Claims Review Department. 81,722 ...... JDS Uniphase, Communications Test and Measurement Division Indianapolis, IN ...... July 30, 2011. 81,722A ...... Lease Workers from Randstad Sourceright, Working On-Site at Indianapolis, IN ...... June 14, 2011. JDS Uniphase, Communications Test and Measurement Div. 81,723 ...... JDS Uniphase, Communications Test and Measurement Division, Milpitas, CA ...... June 14, 2011. Randstad Sourceright. 81,724 ...... JDS Uniphase, Communications Test and Measurement Division, Mill Creek, WA ...... June 14, 2011. Randstad Sourceright. 81,725 ...... JDS Uniphase, Communications Test and Measurement Division Germantown, MD ...... August 1, 2011. 81,725A ...... Leased Workers from Randstad Sourceright, Working On-Site at Germantown, MD ...... June 14, 2011. JDS Uniphase, Communications Test and Measurement Div.

The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(f) (firms identified by the

TA–W No. Subject firm Location Impact date

81,585 ...... Light Metals, Gill Staffing and Ameritemp Staffing ...... Wyoming, MI ...... May 19, 2010. 81,600 ...... Mannington Wood Floors, Mannington Mills, Inc., Graham and High Point, NC ...... December 7, 2010. Associates. 81,622 ...... Coastal Industries, Inc., Trillium Drive Solutions ...... Jacksonville, FL ...... May 19, 2010. 81,630 ...... Benada Aluminum Products LLC ...... Sanford, FL ...... May 19, 2010. 81,643 ...... Frontier Aluminum, Kamran Staffing & Secure Staffing ...... Corona, CA ...... May 19, 2010.

Negative Determinations for Worker criteria for worker adjustment assistance (b)(1), or (c)(1) (employment decline or Adjustment Assistance have not been met for the reasons threat of separation) of section 222 has specified. not been met. In the following cases, the The investigation revealed that the investigation revealed that the eligibility criterion under paragraph (a)(1), or

TA–W No. Subject firm Location Impact date

81,335 ...... Technicolor Creative Services, Post Production Feature Mas- Hollywood, CA ...... tering, Ajilon Professional Staffing and Kforce. 81,354 ...... ALCOA, Inc., Global Packaging Division ...... Alcoa, TN ......

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The investigation revealed that the (decline in sales or production, or both) services to a foreign country) of section criteria under paragraphs (a)(2)(A)(i) and (a)(2)(B) (shift in production or 222 have not been met.

TA–W No. Subject firm Location Impact date

81,556 ...... International Automotive Components, LLC ...... Canton, OH ...... 81,579 ...... James W. Toumey Nursery, Region 9, Ottawa National Forest .... Watersmeet, MI ......

The investigation revealed that the (increased imports) and (a)(2)(B) (shift country) of section 222 have not been criteria under paragraphs(a)(2)(A) in production or services to a foreign met.

TA–W number Subject firm Location Impact date

81,527 ...... Alliant Techsystems Operations, LLC (ATK), Radford Facility Radford, VA ...... Army Ammunition, Energetic Systems, Valley Staffing, etc. 81,565 ...... The Travelers Indemnity Company, Personal Insurance Remit- Hartford, CT ...... tance Center. 81,577 ...... Gorell Windows & Doors, LLC., Gorell Entereprises, Inc...... Indiana, PA ......

Determinations Terminating on the Department’s Web site, as The following determinations Investigations of Petitions for Worker required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W No. Subject firm Location Impact date

81,684 ...... SL Montevideo Technology, Inc...... Montevideo, MN ......

The following determinations by at least three individuals of the therefore, may not be part of a terminating investigations were issued petitioning worker group. Petitioners petitioning worker group. For one or in cases where these petitions were not separated more than one year prior to more of these reasons, these petitions filed in accordance with the the date of the petition cannot be were deemed invalid. requirements of 29 CFR 90.11. Every covered under a certification of a petition filed by workers must be signed petition under Section 223(b), and

TA–W No. Subject firm Location Impact date

81,758 ...... Medical Card System ...... De Pere, WI.

The following determinations workers are covered by active no purpose since the petitioning group terminating investigations were issued certifications. Consequently, further of workers cannot be covered by more because the petitioning groups of investigation in these cases would serve than one certification at a time.

TA–W No. Subject firm Location Impact date

81,581 ...... Dana Holding Corporation, Working On-Site at General Motors Shreveport, LA. Corporation. 81,582 ...... The Landing of GM, Working On-Site at General Motors Corpora- Shreveport, LA. tion. 81,583 ...... Filtration Services Group, Working On-Site at General Motors ..... Shreveport, LA. 81,584 ...... BASF, Working On-Site At General Motors Corporation ...... Shreveport, LA. 81,617 ...... G4S Secure Solutions (USA), Inc., Working On-Site At General Shreveport, LA. Motors Corporation. 81,659 ...... Seibert Powder Coating, Working On-Site at General Motors Cor- Shreveport, LA. poration. 81,660 ...... Advantis Occupational Health, Working On-Site at General Mo- Shreveport, LA. tors Corporation.

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I hereby certify that the aforementioned of the Trade Act of 1974 (‘‘the Act’’) and Interested persons are invited to determinations were issued during the period are identified in the Appendix to this submit written comments regarding the of June 25, 2012 through June 29, 2012. notice. Upon receipt of these petitions, subject matter of the investigations to These determinations are available on the Department’s Web site tradeact/taa/taa search the Director of the Office of Trade the Director, Office of Trade Adjustment form.cfm under the searchable listing of Adjustment Assistance, Employment Assistance, at the address shown below, determinations or by calling the Office of and Training Administration, has not later than July 30, 2012. instituted investigations pursuant to Trade Adjustment Assistance toll free at 888– The petitions filed in this case are 365–6822. Section 221(a) of the Act. available for inspection at the Office of Dated: July 5, 2012. The purpose of each of the the Director, Office of Trade Adjustment investigations is to determine whether Michael W. Jaffe, Assistance, Employment and Training the workers are eligible to apply for Certifying Officer, Office of Trade Adjustment Administration, U.S. Department of adjustment assistance under Title II, Assistance. Labor, Room N–5428, 200 Constitution Chapter 2, of the Act. The investigations [FR Doc. 2012–17373 Filed 7–17–12; 8:45 am] Avenue NW., Washington, DC 20210. BILLING CODE 4510–FN–P will further relate, as appropriate, to the determination of the date on which total Signed at Washington, DC, this 5th day of or partial separations began or July 2012. DEPARTMENT OF LABOR threatened to begin and the subdivision Michael W. Jaffe, of the firm involved. Certifying Officer, Office of Trade Adjustment Employment and Training The petitioners or any other persons Assistance. Administration showing a substantial interest in the Investigations Regarding Eligibility To subject matter of the investigations may Apply for Worker Adjustment request a public hearing, provided such Assistance request is filed in writing with the Director, Office of Trade Adjustment Petitions have been filed with the Assistance, at the address shown below, Secretary of Labor under Section 221(a) not later than July 30, 2012.

APPENDIX [23 TAA petitions instituted between 6/25/12 and 6/29/12]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

81743 ...... Emerson Power Transmission (Company) ...... Ithaca, NY ...... 06/25/12 06/21/12 81744 ...... Kyowa America Corp. (Workers) ...... Waynesburg, PA ...... 06/25/12 06/22/12 81745 ...... North Sails Nevada (Workers) ...... Minden, NV ...... 06/25/12 06/22/12 81746 ...... Lattice Semiconductor Corporation (4 groups) in OR & CA San Jose, CA ...... 06/25/12 06/22/12 (Company). 81747 ...... Logan Industries (State/One-Stop) ...... Spokane, WA ...... 06/25/12 06/14/12 81748 ...... Clear Edge Filtration (Company) ...... Skaneateles, NY ...... 06/25/12 06/20/12 81749 ...... Honeywell Scanning & Mobility (Workers) ...... Blackwood, NJ ...... 06/25/12 06/25/12 81750 ...... Crawford and Company (Workers) ...... Atlanta, GA ...... 06/25/12 06/22/12 81751 ...... GMVM—Shreveport (State/One-Stop) ...... Shreveport, LA ...... 06/25/12 06/22/12 81752 ...... WestPoint Home Chipley Plant (Company) ...... Chipley, FL ...... 06/25/12 06/22/12 81753 ...... WestPoint Home Administration/Engineering Office (Com- Valley, AL ...... 06/25/12 06/22/12 pany). 81754 ...... WestPoint Home—Clemson Centre (Company) ...... Clemson, SC ...... 06/25/12 06/22/12 81755 ...... Thomson Reuters (State/One-Stop) ...... Eagan, MN ...... 06/26/12 06/25/12 81756 ...... Media News/Contra Costa Times (Workers) ...... Walnut Creek, CA ...... 06/26/12 06/15/12 81757 ...... Pro-Dex Astromec (State/One-Stop) ...... Carson City, NV ...... 06/26/12 06/25/12 81758 ...... Medical Card System (State/One-Stop) ...... De Pere, WI ...... 06/26/12 06/25/12 81759 ...... WestPoint Home New York Corporate Sales Office (Com- New York, NY ...... 06/27/12 06/22/12 pany). 81760 ...... EPIC Technologies, LLC (Company) ...... Norwalk, OH ...... 06/27/12 06/26/12 81761 ...... Exopack LLC (Workers) ...... Seymour, IN ...... 06/27/12 06/27/12 81762 ...... SMC Corporation of America (Workers) ...... Tustin, CA ...... 06/27/12 06/20/12 81763 ...... Intelicoat Technologies (Union) ...... South Hadley, MA ...... 06/28/12 06/27/12 81764 ...... Schneider Electric (Union) ...... Peru, IN ...... 06/29/12 06/28/12 81765 ...... Newell Rubbermaid (Company) ...... Wooster, OH ...... 06/29/12 06/14/12

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[FR Doc. 2012–17374 Filed 7–17–12; 8:45 am] STATUS: Open to the public. Engineers and Commission programs BILLING CODE 4510–FN–P MATTERS TO BE CONSIDERED: (1) and projects on the Mississippi River Summary report by President of the and its tributaries; (2) District Commission on national and regional Commander’s overview of current OFFICE OF MANAGEMENT AND issues affecting the U.S. Army Corps of project issues within the Vicksburg BUDGET Engineers and Commission programs District; and (3) Presentations by local and projects on the Mississippi River organizations and members of the Office of Federal Procurement Policy and its tributaries; (2) District public giving views or comments on any Commander’s overview of current issue affecting the programs or projects Improving Contracting Officers’ project issues within the Memphis of the Commission and the Corps of Access to Relevant Integrity District; and (3) Presentations by local Engineers. Information organizations and members of the TIME AND DATE: August 24, 2012, 9:00 AGENCY: Office of Federal Procurement public giving views or comments on any a.m. Policy, Office of Management and issue affecting the programs or projects PLACE: On board MISSISSIPPI V at Budget. of the Commission and the Corps of Cenac Towing Dock, Houma, LA. Engineers. ACTION: Notice of Request for Comment. STATUS: Open to the public. TIME AND DATE: August 20, 2012, 9:00 MATTERS TO BE CONSIDERED: (1) SUMMARY: The Office of Federal a.m. Summary report by President of the Procurement Policy is publishing this PLACE: On board MISSISSIPPI V at City Commission on national and regional notice to advise the public that it has Front, Caruthersville, MO. issues affecting the U.S. Army Corps of developed a Request for Comment to STATUS: Open to the public. Engineers and Commission programs invite comment from the public on and projects on the Mississippi River whether changes to current regulations MATTERS TO BE CONSIDERED: (1) and its tributaries; (2) District and other guidance might improve Summary report by President of the Commander’s overview of current contracting officers’ access to relevant Commission on national and regional project issues within the New Orleans information about contractor business issues affecting the U.S. Army Corps of District, and (3) Presentations by local ethics in the Federal Awardee Engineers and Commission programs organizations and members of the Performance and Integrity Information and projects on the Mississippi River public giving views or comments on any System (FAPIIS). FAPIIS is designed to and its tributaries; (2) District issue affecting the programs or projects facilitate the Government’s ability to Commander’s overview of current of the Commission and the Corps of evaluate the business ethics of project issues within the Memphis Engineers. prospective contractors and protect the District; and (3) Presentations by local Government from awarding contracts to organizations and members of the CONTACT PERSON FOR MORE INFORMATION: contractors that are not responsible public giving views or comments on any Mr. Stephen Gambrell, telephone 601– sources. issue affecting the programs or projects 634–5766. of the Commission and the Corps of George T. Shepard, DATES: Interested parties should submit Engineers. comments in writing to one of the Colonel, EN, Secretary, Mississippi River addresses identified in the full notice on TIME AND DATE: August 21, 2012, 9:00 Commission. or before September 17, 2012. a.m. [FR Doc. 2012–17568 Filed 7–16–12; 4:15 pm] FOR FURTHER INFORMATION CONTACT: Mr. PLACE: On board MISSISSIPPI V at Mud BILLING CODE 3720–58–P Ryan Burnette, OFPP, at (202) 395–7724 Island, Memphis, TN. or [email protected]. STATUS: Open to the public. SUPPLEMENTARY INFORMATION: To access MATTERS TO BE CONSIDERED: (1) NATIONAL ARCHIVES AND RECORDS the full notice, commenters should Summary report by President of the ADMINISTRATION Commission on national and regional download the PDF at: http:// Records Schedules; Availability and issues affecting the U.S. Army Corps of www.whitehouse.gov/sites/default/files/ Request for Comments omb/procurement/frn/frn-access-to- Engineers and Commission programs relevant-integrity-information-public- and projects on the Mississippi River AGENCY: National Archives and Records comments.pdf. and its tributaries; (2) District Administration (NARA). Commander’s overview of current ACTION: Notice of availability of Joseph G. Jordan, project issues within the Memphis Administrator, Office of Federal Procurement proposed records schedules; request for District; and (3) Presentations by local comments. Policy. organizations and members of the [FR Doc. 2012–17262 Filed 7–17–12; 8:45 am] public giving views or comments on any SUMMARY: The National Archives and BILLING CODE 3110–01–P issue affecting the programs or projects Records Administration (NARA) of the Commission and the Corps of publishes notice at least once monthly Engineers. of certain Federal agency requests for MISSISSIPPI RIVER COMMISSION TIME AND DATE: August 22, 2012, 1:00 records disposition authority (records p.m. schedules). Once approved by NARA, Sunshine Act Meetings records schedules provide mandatory PLACE: On board MISSISSIPPI V at City instructions on what happens to records AGENCY HOLDING THE MEETINGS: Front, Greenville, MS. when no longer needed for current Mississippi River Commission. STATUS: Open to the public. Government business. They authorize TIME AND DATE: August 17, 2012, 9:00 MATTERS TO BE CONSIDERED: (1) the preservation of records of a.m. Summary report by President of the continuing value in the National PLACE: On board MISSISSIPPI V at Mel Commission on national and regional Archives of the United States and the Price Lock & Dam, Alton, IL issues affecting the U.S. Army Corps of destruction, after a specified period, of

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records lacking administrative, legal, records. Many of these update 3. Department of Health and Human research, or other value. Notice is previously approved schedules, and Services, Indian Health Service (DAA– published for records schedules in some include records proposed as 0513–2012–0007, 1 item, 1 temporary which agencies propose to destroy permanent. item). Master files of an electronic records not previously authorized for The schedules listed in this notice are information system containing audit disposal or reduce the retention period media neutral unless specified tracking data. of records already authorized for otherwise. An item in a schedule is 4. Department of Justice, Civil disposal. NARA invites public media neutral when the disposition Division (DAA–0060–2011–0018, 2 comments on such records schedules, as instructions may be applied to records items, 1 temporary item). Informational required by 44 U.S.C. 3303a(a). regardless of the medium in which the copies of data printed or extracted from DATES: Requests for copies must be records are created and maintained. an electronic information system used received in writing on or before August Items included in schedules submitted to manage case-related information in 17, 2012. Once the appraisal of the to NARA on or after December 17, 2007, the litigating section. Proposed for records is completed, NARA will send are media neutral unless the item is permanent retention are the master files. a copy of the schedule. NARA staff limited to a specific medium. (See 36 usually prepare appraisal CFR 1225.12(e).) 5. Department of State, Bureau of memorandums that contain additional No Federal records are authorized for Diplomatic Security (DAA–0059–2011– information concerning the records destruction without the approval of the 0011, 3 items, 3 temporary items). covered by a proposed schedule. These, Archivist of the United States. This Records of the Office of Domestic too, may be requested and will be approval is granted only after a Operations, including requests for provided once the appraisal is thorough consideration of their action, information memorandums, completed. Requesters will be given 30 administrative use by the agency of interagency and intra-agency days to submit comments. origin, the rights of the Government and agreements, and copies of Congressional inquiry responses and testimony. ADDRESSES: You may request a copy of of private persons directly affected by any records schedule identified in this the Government’s activities, and 6. Department of the Treasury, notice by contacting Records whether or not they have historical or Financial Management Service (N1– Management Services (ACNR) using one other value. 425–09–3, 9 items, 7 temporary items). of the following means: Besides identifying the Federal Records of financial reporting and Mail: NARA (ACNR), 8601 Adelphi agencies and any subdivisions accounting. Proposed for permanent Road, College Park, MD 20740–6001. requesting disposition authority, this retention are significant policy files and Email: [email protected]. public notice lists the organizational consolidated reports. Fax: 301–837–3698. unit(s) accumulating the records or Requesters must cite the control 7. Department of the Treasury, indicates agency-wide applicability in Internal Revenue Service (N1–58–11– number, which appears in parentheses the case of schedules that cover records after the name of the agency which 10, 7 items, 7 temporary items). Master that may be accumulated throughout an files and system documentation of submitted the schedule, and must agency. This notice provides the control provide a mailing address. Those who electronic information systems used to number assigned to each schedule, the deliver and track staff training. desire appraisal reports should so total number of schedule items, and the 8. Federal Trade Commission, indicate in their request. number of temporary items (the records Agency-wide (N1–122–98–2, 8 items, 5 FOR FURTHER INFORMATION CONTACT: proposed for destruction). It also temporary items). Background materials Margaret Hawkins, Director, National includes a brief description of the of industry-wide investigations, Records Management Program (ACNR), temporary records. The records mergers, acquisitions, and other National Archives and Records schedule itself contains a full projects; economic studies of the Administration, 8601 Adelphi Road, description of the records at the file unit optometry and insurance industries; and College Park, MD 20740–6001. level as well as their disposition. If litigation file duplicates. Telephone: 301–837–1799. Email: NARA staff has prepared an appraisal [email protected]. memorandum for the schedule, it too Proposed for permanent retention are SUPPLEMENTARY INFORMATION: Each year includes information about the records. investigation indices, history sheets Federal agencies create billions of Further information about the with case file abstracts, and records on paper, film, magnetic tape, disposition process is available on congressional legislation files. and other media. To control this request. 9. National Aeronautics and Space accumulation, agency records managers Schedules Pending Administration, Agency wide (DAA– prepare schedules proposing retention 0255–2012–0003, 1 item, 1 temporary periods for records and submit these 1. Department of Health and Human item). Records supporting the existence, schedules for NARA’s approval, using Services, Centers for Medicare & ownership, value, disposition, and the Standard Form (SF) 115, Request for Medicaid Services (DAA–0440–2012– accounting classification of real and Records Disposition Authority. These 0009, 1 item, 1 temporary item). Master personal property assets. Included are schedules provide for the timely transfer files of an electronic information system copies of general accounting ledgers, into the National Archives of used to review national coverage expenditure accounting posting and historically valuable records and determinations of claimants from control files, and records documenting authorize the disposal of all other clinical trials. acquisition of real property. records after the agency no longer needs 2. Department of Health and Human Dated: July 10, 2012. them to conduct its business. Some Services, Indian Health Service (DAA– schedules are comprehensive and cover 0513–2012–0005, 1 item, 1 temporary Paul M. Wester, Jr. all the records of an agency or one of its item). Master files of an electronic Chief Records Officer for the U.S. major subdivisions. Most schedules, information system containing data on Government. however, cover records of only one educational loan repayments for agency [FR Doc. 2012–17443 Filed 7–17–12; 8:45 am] office or program or a few series of employees. BILLING CODE 7515–01–P

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NATIONAL CREDIT UNION 8:30 a.m.–10:45 a.m. Open—Presentations, *The schedule for Commission ADMINISTRATION Discussion and Q&A meetings is subject to change on short 10:45 a.m.–12:00 p.m. Closed—Lunch/ notice. To verify the status of meetings, Sunshine Act Meetings Panel Discussion call (recording)—301–415–1292. 12:00 p.m.–1:45 p.m. Open—Presentations, Discussion and Q&A Contact person for more information: TIME AND DATE: Monday, July 23, 2012, Rochelle Bavol, 301–415–1651. 2:30 p.m. 2:15 p.m.–5:00 p.m. Closed—Panel Discussion The NRC Commission Meeting PLACE: Board Room, 7th Floor, Room Reason for Late Notice: Due to unforeseen Schedule can be found on the Internet 7047, 1775 Duke Street, Alexandria, VA administrative complications and the at: http://www.nrc.gov/public-involve/ 22314–3428. necessity to proceed with the review of the public-meetings/schedule.html. STATUS: Closed. proposal. The NRC provides reasonable Reason for Closing: The work being MATTERS TO BE CONSIDERED: accommodation to individuals with reviewed may include information of a 1. Creditor Claim Appeal. Closed disabilities where appropriate. If you proprietary or confidential nature, including need a reasonable accommodation to pursuant to Exemption (6). technical information; financial data, such as 2. Consideration of Supervisory participate in these public meetings, or salaries and personal information concerning need this meeting notice or the Activities (2). Closed pursuant to individuals associated with the proposals. exemptions (8), (9)(i)(B) and 9(ii). These matters are exempt under 5 U.S.C. transcript or other information from the public meetings in another format (e.g. FOR FURTHER INFORMATION CONTACT: 552b(c), (4) and (6) of the Government in the Sunshine Act. braille, large print), please notify Bill Mary Rupp, Secretary of the Board, Dosch, Chief, Work Life and Benefits Dated: July 13, 2012. Telephone: 703–518–6304. Branch, at 301–415–6200, TDD: 301– Susanne Bolton, Mary Rupp, 415–2100, or by email at Committee Management Officer. Board Secretary. [email protected]. Determinations [FR Doc. 2012–17435 Filed 7–17–12; 8:45 am] [FR Doc. 2012–17640 Filed 7–16–12; 4:15 pm] on requests for reasonable BILLING CODE 7555–01–P BILLING CODE 7535–01–P accommodation will be made on a case- by-case basis. This notice is distributed NUCLEAR REGULATORY electronically to subscribers. If you no NATIONAL SCIENCE FOUNDATION COMMISSION longer wish to receive it, or would like to be added to the distribution, please Proposal Review Panel for Chemistry; [NRC–2012–0002] Notice of Meeting contact the Office of the Secretary, Sunshine Act Meetings Washington, DC 20555 (301–415–1969), In accordance with the Federal or send an email to Advisory Committee Act (Pub. L. 92– DATE: Weeks of July 16, 23, 30, August [email protected]. 463 as amended), the National Science 6, 13, 20, 2012. Dated: July 12, 2012. Foundation announces the following PLACE: Commissioners’ Conference Rochelle C. Bavol, meeting: Room, 11555 Rockville Pike, Rockville, Policy Coordinator, Office of the Secretary. Name: ChemMatCARS Site Visit, 2011 Maryland. [FR Doc. 2012–17571 Filed 7–16–12; 4:15 pm] Awardees by NSF Division of Chemistry STATUS: Public and closed. (1191). BILLING CODE 7590–01–P Dates & Times: July 23, 2012; 8:00 a.m.– Week of July 16, 2012 6:00 p.m.; July 24, 2012; 8:00 a.m.–5:00 p.m. There are no meetings scheduled for POSTAL REGULATORY COMMISSION Place: ChemMatCARS, 9700 S. Cass the week of July 16, 2012. Avenue, Argonne, IL 60439. [Docket No. MC2012–31; Order No. 1399] Type of Meeting: Part-open. Week of July 23, 2012—Tentative Contact Person: Dr. Carlos Murillo, New Postal Product Program Director, Division of Chemistry, There are no meetings scheduled for the week of July 23, 2012. Room 1055, National Science Foundation, AGENCY: Postal Regulatory Commission. 4201 Wilson Boulevard, Arlington, VA Week of July 30, 2012—Tentative ACTION: Notice. 22230, Telephone (703) 292–4970. There are no meetings scheduled for Purpose Of Meeting: To evaluate and give SUMMARY: The Commission is noticing a recommendations on the progress and the the week of July 30, 2012. recently-filed Postal Service request to direction of research and other activities of add Every Door Direct Mail–Retail the ChemMatCARS award to determine Week of August 6, 2012—Tentative (EDDM–R) to the market dominant further NSF support. Tuesday, August 7, 2012 Agenda: product list. This notice addresses 9:30 a.m. Briefing on the Status of procedural steps associated with the Monday, July 23, 2012 Lessons Learned from the filing. 8:00 a.m.–9:30 a.m. Closed—Panel Briefing Fukushima Dai-ichi Accident DATES: Comments are due: July 30, and Discussion (Public Meeting) (Contact: John 9:30 a.m.–11:45 a.m. Open—Presentations, 2012; Reply Comments are due: August Monninger, 301–415–0610.) 6, 2012. Discussion, and Q&A This meeting will be webcast live at 11:45 a.m.–1:00 p.m. Closed—Lunch/Panel the Web address—www.nrc.gov. ADDRESSES: Submit comments Discussion electronically via the Commission’s 1:00 p.m.–3:15 p.m. Open—Presentations, Week of August 13, 2012—Tentative Filing Online system at http:// Discussion and Q&A There are no meetings scheduled for www.prc.gov. Commenters who cannot 3:15 p.m.–6:00 p.m. Closed—Panel submit their views electronically should Discussion the week of August 13, 2012. contact the person identified in FOR Tuesday, July 24, 2012 Week of August 20, 2012—Tentative FURTHER INFORMATION CONTACT by 8:00 a.m.–8:30 a.m. Closed—Panel There are no meetings scheduled for telephone for advice on alternatives to Discussion the week of August 20, 2012. electronic filing.

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FOR FURTHER INFORMATION CONTACT: Included as Attachment A to the DATES: Comments are due: July 31, Stephen L. Sharfman, General Counsel Request is proposed MCS language. 2012; Reply Comments are due: August at 202–789–6820. Included as Attachment B is a Statement 8, 2012. SUPPLEMENTARY INFORMATION: On July of Supporting Justification which, ADDRESSES: Submit comments 10, 2012, the Postal Service filed a among other things, addresses electronically via the Commission’s request pursuant to 39 U.S.C. 3642 and operational impacts and cost Filing Online system at http:// 39 CFR 3020.30 et seq., to modify the information requested by the www.prc.gov. Commenters who cannot Mail Classification Schedule (MCS) by Commission in Order No. 687 and Order submit their views electronically should adding Every Door Direct Mail–Retail No. 1164.4 contact the person identified in FOR (EDDM–R) to the market dominant Pursuant to rule 3020.33, the FURTHER INFORMATION CONTACT by product list and establishing the Commission provides interested persons telephone for advice on alternatives to classification language and price for an opportunity to express views and electronic filing. EDDM–R.1 offer comments on the proposed FOR FURTHER INFORMATION CONTACT: The Postal Service explains that addition to the Mail Classification Stephen L. Sharfman, General Counsel EDDM–R is a Standard Mail Schedule. Comments are due no later at 202–789–6820. experimental product currently in than July 30, 2012. Reply comments SUPPLEMENTARY INFORMATION: market test status in Docket No. may be filed no later than August 6, MT2011–3.2 The Postal Service states 2012. The Postal Service’s Request in Table of Contents that the EDDM–R market test has Docket No. MC2012–31 can be accessed on the Commission’s Web site (http:// I. Introduction successfully simplified mail entry by II. Notice of Filings reducing complexity and cost and has www.prc.gov). III. Ordering Paragraphs enabled businesses to communicate by Pursuant to 39 U.S.C. 505, Kenneth E. mail at a low cost within their target Richardson is appointed to serve as an I. Introduction marketing areas. Request at 2. officer of the Commission (Public In Docket No. C2012–1, the According to the Postal Service, Representative) to represent the Associated Mail and Parcel Centers, the EDDM–R mail must meet the same interests of the general public in the National Alliance of Retail and Ship preparation requirements as the above-captioned docket. Centers, and 11 additional organizations Simplified Address option for Standard It is ordered: (Complainants) jointly filed a complaint Mail Saturation Mail, be flat-shaped, 1. Docket No. MC2012–31 is with the Commission concerning the and weigh no more than 3.3 ounces. Id. established to consider the Postal Postal Service’s introduction of at 1. EDDM–R mailings do not require Service Request referred to in the body enhanced services that it offers to post a permit or mailing fee, must be entered of this order. 2. Comments are due no later than office box customers at certain retail and paid for at a local Destination locations.1 The Postal Service filed a Delivery Unit (DDU), and must not July 30, 2012. 3. Reply comments are due no later motion to dismiss the Complaint.2 exceed 5,000 pieces per ZIP Code served In Order No. 1366, the Commission by the DDU. Id. If the Request is than August 6, 2012. 4. The Commission appoints Kenneth denied the Motion to Dismiss as to approved by the Commission, EDDM–R Complainants’ claims under sections will continue to be classified as a E. Richardson as Public Representative to represent the interests of the general 3633 and 3642, and gave the Postal market dominant Standard Mail Service the option of making an elective product. Id. at 2.3 public in this proceeding. 5. The Secretary shall arrange for filing under 39 CFR 3020.30, concerning As required by 39 CFR 3020.31, the the enhancements to its competitive Postal Service indicates that EDDM–R is publication of this order in the Federal Register. Post Office Box service.3 The not a special classification within the Commission ordered that the Complaint meaning of 39 U.S.C. 3622(c)(10) for By the Commission. be held in abeyance until July 9, 2012, market dominant products; that EDDM– Shoshana M. Grove, to permit the Postal Service to make the R will not be a product that is not of Secretary. elective filing. This docket was general applicability within the [FR Doc. 2012–17398 Filed 7–17–12; 8:45 am] established as a placeholder for the meaning of 39 U.S.C. 3632(b)(3) for BILLING CODE 7710–FW–P Postal Service’s elective filing. Id. competitive products; and that EDDM– On July 9, 2012, pursuant to 39 CFR R is not a non-postal product. Request 3020.30 et seq., the Postal Service filed at 2 n.1. The Postal Service also states POSTAL REGULATORY COMMISSION an elective pleading designed to provide that because EDDM–R is a market [Docket No. MC2012–26; Order No. 1401] the Commission with additional dominant product, its addition to the information to aid in its review of MCS does not require a Governors’ Post Office Box Service Enhancements service enhancements that the Postal Decision. Id. Service introduced at certain AGENCY: Postal Regulatory Commission. competitive post office box locations.4 1 Request of the United States Postal Service to ACTION: Notice. The Response, which summarizes the Add Every Door Direct Mail—Retail to the Mail Classification Schedule, July 10, 2012 (Request). SUMMARY: The Commission is noticing a 2 1 Complaint Regarding Postal Service Offering Docket No. MT2011–3, Order Approving Market recently-filed Postal Service pleading Test of Experimental Product—Marketing Mail Enhanced Services Product for Competitive PO Made Easy, March 1, 2011, at 1 (Order No. 687). As concerning service enhancements Boxes, March 15, 2012 (Complaint). proposed in Docket No. MT2011–3, the introduced at certain competitive post 2 Motion of the United States Postal Service to experimental product was named ‘‘Marketing Mail office box locations. This notice Dismiss Complaint, April 4, 2012 (Motion to Made Easy’’ (MMME). The Postal Service has addresses procedural steps associated Dismiss). renamed that product ‘‘Every Door Direct Mail- 3 Docket No. C2012–1, Order on Motion to Retail.’’ with the filing. Dismiss Holding Complaint in Abeyance Pending 3 The experimental product being tested in Further Proceeding, June 13, 2012, at 15 (Order No. Docket No. MT2011–3, MMME (see n.2, supra) is, 4 Docket No. MT2011–3, Order Granting Request 1366). like EDDM–R, a market dominant product. Order for Exemption from Annual Revenue Limitation, 4 Response of the United States Postal Service to No. 687 at 1. January 23, 2012 (Order No. 1164). Order No. 1366, July 9, 2012 (Response).

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procedural history of the proceeding, By the Commission. 2012. The text of the proposed rule includes three attachments. Attachment Ruth Ann Abrams, change is available on the Exchange’s A discusses the service enhancements’ Acting Secretary. Web site at www.nyse.com, at the compliance with the requirements listed [FR Doc. 2012–17457 Filed 7–17–12; 8:45 am] principal office of the Exchange, and at in 39 CFR 3020.31. Attachment B BILLING CODE 7710–FW–P the Commission’s Public Reference provides a statement of supporting Room. justification addressing the criteria set II. Self-Regulatory Organization’s forth in 39 CFR 3020.32. Attachment C SECURITIES AND EXCHANGE Statement of the Purpose of, and is a copy of the customer agreement for COMMISSION Statutory Basis for, the Proposed Rule Post Office Box service which describes Change the service enhancements and explains [Release No. 34–67419; File No. SR– the customer’s responsibilities. NYSEArca–2012–71] In its filing with the Commission, the self-regulatory organization included II. Notice of Filings Self-Regulatory Organizations; NYSE statements concerning the purpose of, Pursuant to Commission Order No. Arca, Inc.; Notice of Filing and and basis for, the proposed rule change 1366, Docket No. MC2012–26 has been Immediate Effectiveness of Proposed and discussed any comments it received established to consider the Postal Rule Change Relating to Amendments on the proposed rule change. The text Service’s filing under 39 CFR 3020.30. to the NYSE Arca Options Fee of those statements may be examined at Interested persons may submit Schedule To Increase the Posted the places specified in Item IV below. comments on issues raised by the Liquidity Credit for Market Makers The Exchange has prepared summaries, Response, including its consistency July 12, 2012. set forth in sections A, B, and C below, with the policies of 39 U.S.C. 3633 and Pursuant to Section 19(b)(1) of the of the most significant parts of such 3642, 39 CFR 3015.4, and 39 CFR part Securities Exchange Act of 1934 statements. 3020, subpart B. Comments are due no (‘‘Act’’),1 and Rule 19b–4 thereunder,2 A. Self-Regulatory Organization’s later than July 31, 2012. Reply notice is hereby given that on June 29, Statement of the Purpose of, and comments may be filed no later than 2012, NYSE Arca, Inc. (the ‘‘Exchange’’ Statutory Basis for, the Proposed Rule August 8, 2012. or ‘‘NYSE Arca’’) filed with the Change The Response and all filings in this Securities and Exchange Commission proceeding and Docket No. C2012–1 can (‘‘Commission’’) the proposed rule 1. Purpose be accessed via the Commission’s Web change as described in Items I, II and III The Exchange proposes to amend the site (http://www.prc.gov). below, which Items have been prepared Fee Schedule to increase the posted The Commission appoints Robert N. by the self-regulatory organization. The liquidity credit for Market Makers who Sidman to serve as Public Commission is publishing this notice to achieve certain average electronic Representative in these dockets. solicit comments on the proposed rule execution thresholds per day in Penny III. Ordering Paragraphs change from interested persons. Pilot issues,3 including an additional credit for posting liquidity in options on I. Self-Regulatory Organization’s It is ordered: SPY, and to amend fees for certain Statement of the Terms of Substance of 1. Comments concerning the Postal broker-dealer transactions. Service’s filing are due no later than the Proposed Rule Change July 31, 2012. The Exchange proposes to amend the Penny Pilot Issues 2. Reply comments are due no later NYSE Arca Options Fee Schedule (‘‘Fee Currently, Market Makers receive a than August 8, 2012. Schedule’’) to increase the posted $0.32 per contract credit for posted 3. Pursuant to 39 U.S.C. 505, Robert liquidity credit for Market Makers who electronic executions in Penny Pilot N. Sidman is appointed to serve as an achieve certain average electronic issues, regardless of the number of officer of the Commission (Public execution thresholds per day in Penny electronic executions per day. The Representative) to represent the Pilot issues, including an additional Exchange proposes to increase the credit interests of the general public in these credit for posting liquidity in options on for posted electronic executions based proceedings. the SPDR S&P 500 ETF (‘‘SPY’’), and to on certain volume thresholds in Penny 4. The Secretary shall arrange for amend the fees for certain broker-dealer Pilot issues, with an additional credit publication of this order in the Federal transactions. The Exchange proposes to for posted electronic executions in SPY, Register. make the changes operative on July 1, as follows:

Credit applied to posted electronic market maker Credit applied to posted Tier Qualification basis (average electronic executions per day) executions in penny pilot electronic market maker issues (except SPY) executions in SPY

Base ...... ($0.32) ($0.34) Tier 1 ...... 30,000 Contracts from Market Maker Posted Orders in Penny Pilot ($0.34) ($0.36) Issues. Tier 2 ...... 80,000 Contracts from Market Maker Posted Orders in Penny Pilot ($0.38) ($0.40) Issues. Tier 3 ...... 150,000 Contracts from Market Maker Posted Orders in Penny Pilot ($0.40) ($0.42) Issues.

1 15 U.S.C. 78s(b)(1). 3 Under NYSE Arca Options Rule 6.72, options on program that is currently scheduled to expire on 2 17 CFR 240.19b–4. certain issues have been approved to trade with a December 31, 2012. See SR–NYSEArca–2012–65. minimum price variation of $0.01 as part of a pilot

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For example, if a Market Maker has dealer who trades in the customer range not unfairly discriminatory because average electronic executions per day of and does not have a Customer on the broker-dealers facilitating Customer 40,000 contracts from posted orders in contra side of the manual transaction orders that clear in the customer range Penny Pilot issues, the Market Maker would continue to be subject to a $0.25 are performing essentially the same would receive a credit of $0.34 per manual broker-dealer charge. In said business as Firm facilitation orders, in contract for posted electronic executions instances, those trades would continue addition to maintaining Customer in non-SPY Penny Pilot issues, and a to get billed at the $0.25 rate but would margin on the account, and it is open to credit of $0.36 per contract for posted benefit from the new $75,000 cap. all broker-dealers on an equal basis. electronic executions in SPY. The Exchange proposes to make all of The Exchange also believes that the changes described above operative including broker-dealer transactions Manual Broker-Dealer Fees on July 1, 2012. that clear in the customer range in the Currently, broker-dealers are charged $75,000 limit on fees for open outcry a fee of $0.25 per contract for manual 2. Statutory Basis transactions for both Firms and broker- standard executions. There is no charge The Exchange believes that the dealers is reasonable, equitable, and not for Customer 4 electronic executions in proposed rule change is consistent with unfairly discriminatory because broker- non-Penny Pilot issues or Customer Section 6(b) of the Act,7 in general, and dealers entering orders that clear in the manual executions or a manual Firm furthers the objectives of Section 6(b)(4) customer range are performing facilitation 5 of a Customer order. The of the Act,8 in particular, because it essentially the same business as Firm Exchange believes that a transaction in provides for the equitable allocation of proprietary orders, in addition to which a broker-dealer clearing in the reasonable dues, fees, and other charges maintaining Customer margin on the customer range facilitates a Customer among its members, issuers and other account. order should be treated in the same persons using its facilities and does not The Exchange notes that it operates in manner as a manual Firm Facilitation unfairly discriminate between a highly competitive market in which transaction, and therefore proposes that customers, issuers, brokers or dealers. market participants can readily favor there be no charge for such transactions The Exchange believes that the competing venues if they deem fee under the Fee Schedule. On occasion, increase in credits for Market Makers’ levels at a particular venue to be broker-dealers will facilitate orders on posted electronic executions in Penny excessive. In such an environment, the behalf of Customers. The broker-dealer Pilot issues and SPY is reasonable Exchange must continually adjust its may or may not be an Options Trading because it would incent Market Makers fees to remain competitive with other Permit (‘‘OTP’’) Holder or OTP Firm, to post higher volumes on the Exchange, exchanges. but places both the Customer order and which will promote liquidity. In B. Self-Regulatory Organization’s the broker-dealer’s order with a Floor addition, the increased credit for Statement on Burden on Competition Brokerage firm for execution in open electronic executions in SPY is outcry. If, for instance, the broker-dealer reasonable because it is comparable to The Exchange does not believe that is executing on behalf of its foreign rate differentials applied to certain the proposed rule change will impose subsidiary, the order will be marked as symbols offered on at least one other any burden on competition that is not broker-dealer but must clear in the exchange,9 and it will attract additional necessary or appropriate in furtherance customer range at OCC. To qualify for order flow in SPY to the Exchange. of the purposes of the Act. the free execution, the broker-dealer’s Moreover, the Exchange believes that it C. Self-Regulatory Organization’s proprietary trade must be handled by an is reasonable, equitable, and not Statement on Comments on the OTP Holder or an OTP Firm on an unfairly discriminatory to pay Market Proposed Rule Change Received From agency basis and the broker-dealer and Makers a higher credit because Market Members, Participants, or Others the Customer must both clear through Makers have higher obligations than the same clearing firm. other market participants, and the No written comments were solicited or received with respect to the proposed Fee Cap Exchange would allocate the higher credit to Market Makers that make rule change. Currently, there is a $75,000 per significant contributions to market III. Date of Effectiveness of the month fee cap on Firm manual quality by providing more liquidity at Proposed Rule Change and Timing for executions, which excludes Strategy the National Best Bid and Offer. Commission Action Executions, Royalty Fees, and firm The Exchange believes that not The foregoing rule change is effective trades executed via a Joint Back Office charging a broker-dealer that clears in 6 upon filing pursuant to Section agreement. The Exchange proposes also the customer range for facilitating a 19(b)(3)(A) 10 of the Act and to apply the same $75,000 cap (with the Customer order is reasonable because it subparagraph (f)(2) of Rule 19b–4 11 same exclusions) on broker-dealer fees will encourage this type of broker-dealer thereunder, because it establishes a due, for manual executions clearing in the to facilitate Customer orders and fee, or other charge imposed by the customer range. For example a broker- increase participation in open outcry, NYSE Arca. which will in turn promote liquidity on 4 At any time within 60 days of the The term ‘‘Customer’’ excludes a broker-dealer. the Exchange. In addition, the proposed See NYSE Arca Rule 6.1A(a)(4). filing of such proposed rule change, the rule change is reasonable, equitable, and 5 The term ‘‘Firm’’ means a broker-dealer that is Commission summarily may not registered as a dealer-specialist or market maker temporarily suspend such rule change if on a registered national securities exchange or 7 15 U.S.C. 78f(b). association. See NYSE Arca Rule 6.1(b)(36). The fee 8 15 U.S.C. 78f(b)(4). it appears to the Commission that such for a manual Firm Facilitation transaction applies 9 See NASDAQ OMX PHLX LLC Pricing Schedule action is necessary or appropriate in the to any transaction involving a Firm proprietary as of June 1, 2012, Rebates and Fees for Adding and public interest, for the protection of trading account that has a customer of that same Removing Liquidity in Select Symbols, available at investors, or otherwise in furtherance of Firm on the contra side of the transaction. See http://nasdaqomxphlx.cchwallstreet.com/ the purposes of the Act. endnote 7 of the Fee Schedule. NASDAQOMXPHLXTools/PlatformViewer. 6 The Fee Schedule currently does not specify asp?selectednode=chp%5F1%5F4%5F1& that such cap is applied monthly; the Exchange manual=%2Fnasdaqomxphlx% 10 15 U.S.C. 78s(b)(3)(A). proposes to specify that in the Fee Schedule. 2Fphlx%2Fphlx%2Drulesbrd%2F. 11 17 CFR 240.19b–4(f)(2).

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IV. Solicitation of Comments For the Commission, by the Division of II. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated Statement of the Purpose of, and Interested persons are invited to authority.12 Statutory Basis for, the Proposed Rule submit written data, views, and Kevin M. O’Neill, Change arguments concerning the foregoing, Deputy Secretary. In its filing with the Commission, the including whether the proposed rule [FR Doc. 2012–17418 Filed 7–17–12; 8:45 am] self-regulatory organization included change is consistent with the Act. BILLING CODE 8011–01–P statements concerning the purpose of, Comments may be submitted by any of and basis for, the proposed rule change the following methods: and discussed any comments it received Electronic Comments SECURITIES AND EXCHANGE on the proposed rule change. The text COMMISSION of those statements may be examined at • Use the Commission’s Internet the places specified in Item IV below. comment form (http://www.sec.gov/ [Release No. 34–67420; File No. SR– The Exchange has prepared summaries, rules/sro.shtml); or NYSEMKT–2012–17] set forth in sections A, B, and C below, • Send an email to rule- of the most significant parts of such [email protected]. Please include File Self-Regulatory Organizations; NYSE statements. Number SR–NYSEArca–2012–71 on the MKT LLC; Notice of Filing and A. Self-Regulatory Organization’s subject line. Immediate Effectiveness of Proposed Statement of the Purpose of, and Rule Change Amending the NYSE Statutory Basis for, the Proposed Rule Paper Comments Amex Options Fee Schedule for Change Professional Customers and Broker- • Send paper comments in triplicate Dealers To Increase the Transaction 1. Purpose to Elizabeth M. Murphy, Secretary, Fee for Electronic Executions and The Exchange proposes to amend the Securities and Exchange Commission, Introduce Volume-Based Tiers for Fee Schedule for Professional 100 F Street NE., Washington, DC Certain Electronic Executions That Customers and Broker-Dealers to 20549–1090. Would Be Charged a Lower per increase the transaction fee for All submissions should refer to File Contract Rate electronic executions and introduce Number SR–NYSEArca–2012–71. This volume-based tiers for certain electronic July 12, 2012. file number should be included on the executions that would be charged a subject line if email is used. To help the Pursuant to Section 19(b)(1) of the lower per contract rate. Commission process and review your Securities Exchange Act of 1934 Specifically, the Exchange proposes to comments more efficiently, please use (‘‘Act’’),1 and Rule 19b–4 thereunder,2 increase the per contract transaction fee only one method. The Commission will notice is hereby given that on June 29, for electronically executed orders for post all comments on the Commission’s 2012, NYSE MKT LLC (the ‘‘Exchange’’ Professional Customers and Broker- Internet Web site (http://www.sec.gov/ or ‘‘NYSE MKT’’) filed with the Dealers from $.23 and $.20, respectively, to $.28 per contract for both categories rules/sro.shtml). Copies of the Securities and Exchange Commission of market participant.3 The Exchange submission, all subsequent (‘‘Commission’’) the proposed rule change as described in Items I, II and III notes that the proposed fee is within the amendments, all written statements range of Professional Customer fees with respect to the proposed rule below, which Items have been prepared by the self-regulatory organization. The presently assessed in the industry, change that are filed with the Commission is publishing this notice to which range from $.20 per contract for Commission, and all written solicit comments on the proposed rule non-Select Symbols on the International communications relating to the 4 change from interested persons. Securities Exchange (‘‘ISE’’) to $.50 per proposed rule change between the contract to take liquidity on The Commission and any person, other than I. Self-Regulatory Organization’s NASDAQ Options Market (‘‘NOM’’) for those that may be withheld from the Statement of the Terms of Substance of non-Penny Pilot securities.5 Similarly, public in accordance with the the Proposed Rule Change the proposed fee for electronic Broker- provisions of 5 U.S.C. 552, will be Dealer transactions is within the range The Exchange proposes to amend the available for Web site viewing and of fees assessed in the industry, which NYSE Amex Options Fee Schedule printing in the Commission’s Public range from $.20 to add liquidity in (‘‘Fee Schedule’’) for Professional Reference Room, 100 F Street NE., Complex Orders on NASDAQ OMX Customers and Broker-Dealers to Washington, DC 20549, on official increase the transaction fee for business days between the hours of 3 In March 2012, the Exchange increased the per electronic executions and introduce 10:00 a.m. and 3:00 p.m. Copies of such contract execution costs for certain participants. See volume-based tiers for certain electronic Securities Exchange Act Release No. 66561 (Mar. 9, filing also will be available for executions that would be charged a 2012), 77 FR 15429 (Mar. 15, 2012) (SR– inspection and copying at the principal lower per contract rate. The proposed NYSEAmex–2012–16). However, the Exchange office of the Exchange. All comments inadvertently did not increase Broker-Dealer fees to rule change will be operative on July 1, the same level as Professional Customer fees, as received will be posted without change; 2012. The text of the proposed rule required by the definition of Professional Customer the Commission does not edit personal change is available on the Exchange’s in Rule 902.NY(18A), which provides that identifying information from Professional Customer and Broker-Dealer fees must Web site at www.nyse.com, at the be the same. The proposed change would make the submissions. You should submit only principal office of the Exchange, and at fees for Professional Customers and Broker-Dealers information that you wish to make the Commission’s Public Reference the same level, as they were prior to March 2012. available publicly. All submissions Room. 4 See ISE fee schedule dated June 1, 2012, should refer to File Number SR– available at http://www.ise.com/assets/documents/ OptionsExchange/legal/fee/fee_schedule.pdf. NYSEArca–2012–71 and should be 12 17 CFR 200.30–3(a)(12). 5 See NOM Fee Schedule, available at http:// submitted on or before August 8, 2012. 1 15 U.S.C. 78s(b)(1). www.nasdaqtrader.com/ 2 17 CFR 240.19b–4. Micro.aspx?id=OptionsPricing.

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PHLX to $.60 to transact in non-Penny allocation of reasonable dues, fees, and on the Exchange, such as Non-NYSE Pilot securities on NASDAQ OMX other charges among its members and Amex Options Market Makers, who pay PHLX.6 other persons using its facilities and is $.43 per contract to transact on the At the same time, the Exchange not unfairly discriminatory. Exchange electronically. Given these proposes to establish volume-based tiers Specifically, the Exchange believes facts, coupled with the aforementioned for Professional Customers and Broker- that the proposed fee increase for range in Professional Customer and Dealers that take liquidity on the certain electronically executed orders Broker-Dealer fees on other exchanges, Exchange.7 Upon achieving these on behalf of Professional Customers and the Exchange believes that the proposed volume tiers, they will automatically Broker-Dealers is equitable and increase is both reasonable and become eligible for a lower per contract reasonable because it will help offset the equitable. rate on all of their electronic executions Exchange’s costs in processing the The Exchange further notes that in that month irrespective of whether relatively higher volume of orders, Broker-Dealers and Professional those executions resulted from taking or many of which do not execute, that are Customers may directly compete with making liquidity. The proposed volume- being submitted to the Exchange by Market Makers; unlike Customers, they based tiers and associated rates per Professional Customers and Broker- are not prohibited from de facto market contract are shown below.8 Dealers.11 Rather than passing the costs making.14 Both Broker-Dealers and of higher order volumes along to all Professional Customers have a Average daily volume tiers for Rate per participants, the Exchange believes it is measurable economic advantage relative professional customers and more equitable to assess those costs to broker-dealers taking liquidity contract to a NYSE Amex Options Market the participants that are responsible for Maker’s cost when trading with 0 to 50,000 ...... $.28 them.12 Customer order flow. For example, an 50,001 to 100,000 ...... 26 The Exchange notes that other NYSE Amex Options Market Maker Over 100,000 ...... 23 participants pay substantially more for trading against a Customer order in a the ability to trade on the Exchange and, non-Penny Pilot name will pay as much Thus, for Professional Customers that as such, the proposed amount of the as $.85 in transaction charges, whereas have average daily volume of over increase is reasonable. For example, under the proposal, both Broker-Dealers 100,000 contracts, the fee per contract Market Makers have much higher fixed and Professional Customers will pay a will remain the same as it currently is monthly costs as compared to maximum of $.28 per contract.15 The at $.23. Professional Customers and Broker- proposed fee increase will diminish the In addition, the Exchange proposes to Dealers. A Market Maker seeking to maximum per contract differential amend the Fee Schedule to clarify that stream quotes in the entire universe of between Market Makers with quoting the ‘‘Broker Dealer Manual’’ fee and names traded on the Exchange would obligations who trade against Customers ‘‘Professional Customer Manual’’ fee are have to pay $20,000 per month in Amex versus Broker-Dealers and Professional the same. Trading Permit (‘‘ATP’’) fees. In Customers who do not have such The proposed change will be addition, a Market Maker acting as a obligations and who may trade operative on July 1, 2012. Specialist, e-Specialist, or Directed electronically against Customers in a Order Market Maker will incur monthly 2. Statutory Basis manner that the Exchange believes is Rights Fees that range from $75 per more equitable in light of the differing The Exchange believes that the option to $1,500 per option. roles such participants play on the proposed rule change is consistent with Professional Customers and Broker- 9 Exchange and the attendant costs, the provisions of Section 6(b) of the Dealers, who access the Exchange via an benefits, and obligations. Securities Exchange Act of 1934 (the order routing firm, pay only $500 per 10 The Exchange believes the proposed ‘‘Act’’), in general, and Section 6(b)(4) month in ATP fees (assuming the cost change to increase fees as high as $.28 of the Act, in particular, in that it is is passed back to them), and for that low per contract for lower volume designed to provide for the equitable monthly cost are able to send orders in Professional Customer and Broker- all issues traded on the Exchange.13 For 6 Dealer participants is not unfairly See NASDAQ OMX PHLX Fee Schedule, Broker-Dealers who are ATP Holders available at http:// discriminatory as the change will apply and do access the Exchange directly, nasdaqomxphlx.cchwallstreet.com/ to all Professional Customers and they will incur the monthly ATP fee of NASDAQOMXPHLXTools/Platform Broker-Dealers equally. Further, Viewer.asp?selectednode=chp%5F1%5F4%5F1& $500 and in turn have the ability to send Professional Customers and Broker- manual=%2Fnasdaqomxphlx% orders in all issues traded on the 2Fphlx%2Fphlx%2Drulesbrd%2F. Dealers are free to change the manner in Exchange. Other participants have a 7 Whenever a participant sends a marketable which they access the Exchange. A much higher per contract cost to trade order to immediately trade against a resting bid or Professional Customer may, by sending offer in the Exchange’s Consolidated Order Book, it will be viewed as taking liquidity. Conversely, 11 The Exchange does not believe that the costs fewer than 390 orders per day across the whenever a participant posts a bid or offer that does associated with this increased volume are fully industry, begin participating as a not immediately execute they will be viewed as addressed through the Exchange’s existing fee making liquidity on the Exchange. structure. Cancellation fees only apply to public 14 See Rule 995NY(b). 8 The average daily volume will be calculated by customer orders, the messages-to-contracts ratio fee 15 NYSE Amex Options Market Makers must pay taking the sum total of a Professional Customer’s or only applies after 1 billion messages, and the order- marketing charges of $.65 per contract when they Broker-Dealer’s taking liquidity volume and to-trades ratio fee only applies after the ratio trade contra to a Customer order electronically. This dividing it by the number of days the Exchange was reaches 10,000 orders to 1 execution. is in addition to the Exchange transaction fee of open for business during the month. Any electronic 12 At this time, the Exchange is leaving in place $.20 per contract applicable to a NYSE Amex volumes that arise from the execution of either current rate of $.20 per contract for Firms because Options Market Maker. The Exchange notes that the Complex Orders or Qualified Contingent Cross unlike Professional Customers and Broker-Dealers, marketing charges are used by NYSE Amex Options (‘‘QCC’’) orders will not be included in the the majority of Firm volumes are transacted in open Market Makers to attract Customer order flow to the calculation of average daily volume. QCC orders outcry or manually, and de facto market making Exchange. Such order flow is beneficial to all will remain subject to the current $.20 per contract activity by Firm participants is very limited. participants on the Exchange, including Broker- pricing in the Fee Schedule applicable to non- 13 The Exchange notes that it has proposed to Dealers and Professional Customers who are Customers. increase the ATP fees for an order routing firm from permitted to act as a de facto market maker by 9 15 U.S.C. 78f(b). $500 per month to $1,000 per month effective July placing electronic orders on both sides of the 10 15 U.S.C. 78f(b)(4). 1, 2012. See SR–NYSEMKT–2012–16. market simultaneously.

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Customer and avoid incurring any C. Self-Regulatory Organization’s Commission, and all written transaction fees. Additionally Statement on Comments on the communications relating to the Professional Customers may elect to Proposed Rule Change Received From proposed rule change between the register as a Broker-Dealer and, once Members, Participants, or Others Commission and any person, other than registered as a Broker-Dealer, may apply No written comments were solicited those that may be withheld from the to become Market Makers to transact on or received with respect to the proposed public in accordance with the a proprietary basis as Market Makers or rule change. provisions of 5 U.S.C. 552, will be become ATP Holders to transact on the available for Web site viewing and Exchange as a Firm. In light of the III. Date of Effectiveness of the printing in the Commission’s Public ability to access the Exchange in a Proposed Rule Change and Timing for Reference Room, 100 F Street NE., variety of ways, each of which is priced Commission Action Washington, DC 20549, on official differently, Professional Customers, The foregoing rule change is effective business days between the hours of Broker-Dealers and other participants upon filing pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of such may access the Exchange in a manner 19(b)(3)(A) 16 of the Act and filing also will be available for that makes the most economic sense for subparagraph (f)(2) of Rule 19b–4 17 inspection and copying at the principal them. thereunder, because it establishes a due, office of the Exchange. All comments The Exchange believes that the fee, or other charge imposed by NYSE received will be posted without change; proposed change to establish volume- MKT. the Commission does not edit personal based tiers for Professional Customers At any time within 60 days of the identifying information from and Broker-Dealers that transact filing of such proposed rule change, the submissions. You should submit only electronically is reasonable, equitable, Commission summarily may information that you wish to make and not unfairly discriminatory. As temporarily suspend such rule change if available publicly. All submissions noted previously, they have lower it appears to the Commission that such should refer to File Number SR– aggregate fees when compared to, for action is necessary or appropriate in the NYSEMKT–2012–17 and should be example, the ATP fees incurred by a public interest, for the protection of submitted on or before August 8, 2012. NYSE Amex Market Maker to quote the investors, or otherwise in furtherance of For the Commission, by the Division of entire universe of names traded on the the purposes of the Act. Trading and Markets, pursuant to delegated Exchange. Further, the establishment of IV. Solicitation of Comments authority.18 the tiers will enable Professional Interested persons are invited to Kevin M. O’Neill, Customers and Broker-Dealers that submit written data, views, and Deputy Secretary. transact in sufficient volumes to obtain arguments concerning the foregoing, [FR Doc. 2012–17419 Filed 7–17–12; 8:45 am] a lower per contract rate on all of their including whether the proposed rule BILLING CODE 8011–01–P electronic volumes in a given month. change is consistent with the Act. This is reasonable and equitable given Comments may be submitted by any of that a higher volume of marketable the following methods: SECURITIES AND EXCHANGE orders, which these volume tiers will COMMISSION encourage, is beneficial to other Electronic Comments Exchange participants due to the • Use the Commission’s Internet [Release No. 34–67424; File No. SR– increased opportunity to trade. The comment form (http://www.sec.gov/ NYSEArca–2012–70] Exchange believes the proposed change rules/sro.shtml); or to adopt volume-based tiers for • Send an email to rule- Self-Regulatory Organizations; NYSE Professional Customers and Broker- [email protected]. Please include File Arca, Inc.; Notice of Filing and Dealers that transact electronically is Number SR–NYSEMKT–2012–17 on the Immediate Effectiveness of Proposed not unfairly discriminatory because the subject line. Rule Change Amending the NYSE Arca change will apply to all participants in Equities Schedule of Fees and those categories equally. Paper Comments Charges for Exchange Services • Send paper comments in triplicate The Exchange notes that it operates in July 12, 2012. a highly competitive market in which to Elizabeth M. Murphy, Secretary, market participants can readily favor Securities and Exchange Commission, Pursuant to Section 19(b)(1) 1 of the competing venues if they determine that 100 F Street NE., Washington, DC Securities Exchange Act of 1934 (the such venues offer more favorable 20549–1090. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 trading conditions and rates. All submissions should refer to File notice is hereby given that, on June 29, Number SR–NYSEMKT–2012–17. This 2012, NYSE Arca, Inc. (the ‘‘Exchange’’ Finally, the Exchange believes that file number should be included on the or ‘‘NYSE Arca’’) filed with the the amendment of the ‘‘Broker Dealer subject line if email is used. To help the Securities and Exchange Commission Manual’’ and ‘‘Professional Customer Commission process and review your (the ‘‘Commission’’) the proposed rule Manual’’ fees in the Fee Schedule is comments more efficiently, please use change as described in Items I, II, and equitable and reasonable because it only one method. The Commission will III below, which Items have been would result in increased clarity in the post all comments on the Commission’s prepared by the self-regulatory Fee Schedule regarding such fees. Internet Web site (http://www.sec.gov/ organization. The Commission is B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the publishing this notice to solicit Statement on Burden on Competition submission, all subsequent comments on the proposed rule change amendments, all written statements from interested persons. The Exchange does not believe that with respect to the proposed rule the proposed rule change will impose change that are filed with the 18 17 CFR 200.30–3(a)(12). any burden on competition that is not 1 15 U.S.C.78s(b)(1). necessary or appropriate in furtherance 16 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a. of the purposes of the Act. 17 17 CFR 240.19b–4(f)(2). 3 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s The Exchange proposes to decrease C. Self-Regulatory Organization’s Statement of the Terms of Substance of the CADV percentage threshold from Statement on Comments on the the Proposed Rule Change 0.50% to 0.45% and to decrease the Proposed Rule Change Received From The Exchange proposes to amend the options ADV threshold from 110,000 Members, Participants, or Others NYSE Arca Equities Schedule of Fees contracts to 90,000 contracts. The No written comments were solicited and Charges for Exchange Services Exchange has determined to make these or received with respect to the proposed (‘‘Fee Schedule’’). The Exchange changes in light of current and rule change. proposes to implement the fee changes anticipated market conditions and III. Date of Effectiveness of the on July 1, 2012. The text of the proposed believes that these changes will provide Proposed Rule Change and Timing for rule change is available on the a greater incentive to attract additional Commission Action Exchange’s Web site at www.nyse.com, equities and options liquidity. at the principal office of the Exchange, The foregoing rule change is effective 2. Statutory Basis and at the Commission’s Public upon filing pursuant to Section 6 Reference Room. The Exchange believes that the 19(b)(3)(A) of the Act and subparagraph (f)(2) of Rule 19b–4 7 II. Self-Regulatory Organization’s proposed rule change is consistent with Section 6(b) of the Securities Exchange thereunder, because it establishes [sic] a Statement of the Purpose of, and due, fee, or other charge imposed by Statutory Basis for, the Proposed Rule Act of 1934 (the ‘‘Act’’), in general, and furthers the objectives of Section 6(b)(4) NYSE Arca. Change At any time within 60 days of the of the Act, in particular, because it In its filing with the Commission, the filing of such proposed rule change, the provides for the equitable allocation of self-regulatory organization included Commission summarily may reasonable dues, fees, and other charges statements concerning the purpose of, temporarily suspend such rule change if among its members, issuers and other and basis for, the proposed rule change it appears to the Commission that such persons using its facilities and does not and discussed any comments it received action is necessary or appropriate in the on the proposed rule change. The text unfairly discriminate between public interest, for the protection of of those statements may be examined at customers, issuers, brokers or dealers. investors, or otherwise in furtherance of the places specified in Item IV below. The Exchange believes that the the purposes of the Act. proposed rule change is reasonable, The Exchange has prepared summaries, IV. Solicitation of Comments set forth in sections A, B, and C below, equitable and not unfairly of the most significant parts of such discriminatory because the proposed Interested persons are invited to statements. changes to the Cross-Asset Tier would submit written data, views, and directly relate to the activity of an ETP arguments concerning the foregoing, A. Self-Regulatory Organization’s Holder and the activity of an affiliated including whether the proposed rule Statement of the Purpose of, and the OTP Holder or OTP Firm on the change is consistent with the Act. Statutory Basis for, the Proposed Rule Comments may be submitted by any of Change Exchange, thereby encouraging increased trading activity on both the the following methods: 1. Purpose NYSE Arca equity and option markets. Electronic Comments The Exchange proposes to amend the The Exchange has determined to adjust • Use the Commission’s Internet Fee Schedule, as described below, and the CADV and contract thresholds in comment form (http://www.sec.gov/ implement the fee changes on July 1, light of current and anticipated market rules/sro.shtml); or 2012. conditions and believes that these • Send an email to rule- ETP Holders, including Market changes will provide a greater incentive [email protected]. Please include File Makers, are currently eligible to qualify to attract additional equities and options Number SR–NYSEArca–2012–70 on the for the Cross-Asset Tier and the liquidity. subject line. corresponding credit of $0.0030 per Finally, the Exchange notes that it Paper Comments share for orders that provide liquidity operates in a highly competitive market • on the Exchange. To qualify, an ETP in which market participants can Send paper comments in triplicate Holder must (1) provide liquidity of readily favor competing venues. In such to Elizabeth M. Murphy, Secretary, 0.50% or more of the U.S. Consolidated an environment, the Exchange must Securities and Exchange Commission, 4 Average Daily Volume (‘‘CADV’’) per continually review, and consider 100 F Street NE., Washington, DC month, and (2) be affiliated with an adjusting, its fees and credits to remain 20549–1090. All submissions should refer to File NYSE Arca Options OTP Holder or OTP competitive with other exchanges. For Number SR–NYSEArca–2012–70. This Firm that provides an average daily the reasons described above, the volume (‘‘ADV’’) of electronic posted file number should be included on the Exchange believes that the proposed Customer executions in Penny Pilot subject line if email is used. To help the rule change reflects this competitive issues on NYSE Arca Options of at least Commission process and review your environment. 110,000 contracts.5 comments more efficiently, please use B. Self-Regulatory Organization’s only one method. The Commission will 4 U.S. CADV means United States Consolidated Statement on Burden on Competition post all comments on the Commission’s Average Daily Volume for transactions reported to Internet Web site (http://www.sec.gov/ the Consolidated Tape and excludes volume on The Exchange does not believe that days when the market closes early. rules/sro.shtml). Copies of the 5 An affiliate of an ETP Holder would be a person the proposed rule change will impose submission, all subsequent or firm that directly or indirectly through one or any burden on competition that is not amendments, all written statements more intermediaries, controls or is controlled by, or necessary or appropriate in furtherance with respect to the proposed rule is under common control with, the ETP Holder. See of the purposes of the Act. change that are filed with the NYSE Arca Equities Rule 1.1(b). As provided under NYSE Arca Options Rule 6.72, options on certain issues have been approved to trade with a program that is currently scheduled to expire on 6 15 U.S.C. 78s(b)(3)(A). minimum price variation of $0.01 as part of a pilot December 31, 2012. See SR–NYSEArca–2012–65. 7 17 CFR 240.19b–4(f)(2).

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Commission, and all written order approves the proposed rule would be allocated to the Primary communications relating to the change. Specialist after any allocation to proposed rule change between the Customers, not to exceed the size of the II. Description of the Proposal Commission and any person, other than Primary Specialist’s quote, provided the those that may be withheld from the The Exchange proposes to amend Primary Specialist is quoting at the public in accordance with the Rules 964NY and 964.2NY to define NBBO. If the Primary Specialist’s quote provisions of 5 U.S.C. 552, will be Primary Specialists, and to modify the size is less than the order of five available for Web site viewing and order allocation entitlement amongst contracts or fewer, any remaining printing in the Commission’s Public Specialist Pool participants. contracts after the Primary Specialist Reference Section, 100 F Street NE., Rule 964NY sets forth the priority for receives its allocation will be allocated Washington, DC 20549–1090. Copies of the allocation of incoming orders to in accordance with Rule 964NY(b)(2)(D) the filing will also be available for resting interest at a particular price in (i.e., size pro rata). In addition, as is the inspection and copying at the the NYSE Amex System. Under the case under the current rule for the NYSEArca’s principal office and on its current rule, the priority for the Specialist Pool, if the Primary Specialist Internet Web site at www.nyse.com. All allocation of incoming orders at the is not quoting at the NBBO at the time comments received will be posted same price is as follows: (1) resting the order for five or fewer contracts without change; the Commission does Customer orders; (2) Directed Order arrives, then the order will be executed not edit personal identifying Market Makers, provided they satisfy in accordance with the provision of information from submissions. You the criteria to be eligible to receive a Rule 964NY(b)(2)(D).6 should submit only information that Directed Order; (3) the Specialist Pool The Exchange stated that it will not you wish to make available publicly. All (for non-Directed Orders); and (4) non- implement this proposal until it has submissions should refer to File Customer interest (on a size pro-rata notified ATP Holders via Regulatory basis). As currently provided in Rule Number SR–NYSEArca–2012–70 and Bulletin regarding the rule change. The 964NY(b)(2)(C) and Rule 964.2NY, the should be submitted on or before Exchange plans to issue notice Specialist and e-Specialists in each class August 8, 2012. announcing the compliance date of the compete in the Specialist Pool on a size For the Commission, by the Division of rule change within 90 days from the pro-rata basis, and do not compete for 7 Trading and Markets, pursuant to delegated effective date of the rule change. 8 the allocation of non-Directed Orders of authority. five contracts or fewer.4 Such orders are III. Discussion Kevin M. O’Neill, allocated on a rotating basis (i.e., a The Commission finds that the Deputy Secretary. round robin) to a Specialist or e- proposed rule change is consistent with [FR Doc. 2012–17481 Filed 7–17–12; 8:45 am] Specialist in the Specialist Pool. the requirements of the Act and the BILLING CODE 8011–01–P The Exchange now proposes to rules and regulations thereunder designate a Primary Specialist from applicable to a national securities amongst the Specialist Pool exchange.8 Specifically, the SECURITIES AND EXCHANGE participants. According to the Exchange, Commission finds that the proposal is COMMISSION the Primary Specialist will be consistent with Section 6(b)(5) of the [Release No. 34–67421; File No. SR– determined using objective evaluation Act,9 in that it is designed to promote NYSEAmex–2012–31] of the relative quote performance of just and equitable principles of trade, to each Specialist and e-Specialist. The foster cooperation and coordination Self-Regulatory Organizations; NYSE evaluation will be conducted on a with persons engaged in facilitating Amex LLC; Order Approving a quarterly basis and would include one transaction in securities, to remove or more of the following factors: time Proposed Rule Change Defining a impediments and perfect the and size at the NBBO, average quote Primary Specialist in Each Options mechanisms of a free and open market, width, average quote size, and the Class and Modifying the Specialist and, in general, to protect investors and relative share of electronic volume in a Entitlement Accordingly the public interest. given class of options.5 The Exchange July 12, 2012. The Commission closely scrutinizes will issue a Regulatory Bulletin at least exchange rule proposals to adopt or I. Introduction five business days prior to each amend participation guarantees where evaluation period with the evaluation On May 11, 2012, NYSE Amex LLC such guarantees would rise to a level criteria, including the relative weighting (the ‘‘Exchange’’ or ‘‘NYSE Amex’’) filed that could have a material adverse of each factor. impact on quote competition within a with the Securities and Exchange Under the proposed rule change, the particular exchange.10 As noted by the Commission (‘‘Commission’’), pursuant Primary Specialist (instead of the Exchange, the proposed rule change is to Section 19(b)(1) of the Securities Specialist) would receive any additional Exchange Act of 1934 (‘‘Act’’) 1 and Rule intended to enhance quote competition 2 weighting in the size pro rata allocation 19b–4 thereunder, a proposed rule amongst Specialist Pool participants. 6 The Exchange is also proposing to correct a change to define a Primary Specialist in This additional weighting would be each options class and modify the typographical error in Rule 964.2NY(b)(3)(A) by determined by the Exchange, as is changing the word ‘‘on’’ to ‘‘one.’’ Specialist entitlement. The proposed currently the case. Additionally, under 7 See Notice, supra note 3, at 32158. rule change was published for comment the proposal, rather than a round robin 8 In approving this proposed rule change, the in the Federal Register on May 31, allocation of non-Directed Orders for Commission has considered the proposed rule’s 3 impact on efficiency, competition, and capital 2012. The Commission received no five contracts or fewer, all such orders comment letters on the proposal. This formation. See 15 U.S.C. 78c(f). 9 15 U.S.C. 78f(b)(5). 4 Under the rule, the Specialist’s pro-rata 10 See Securities Exchange Act Release No. 44641 8 17 CFR 200.30–3(a)(12). allocation may receive additional weighting as (August 2, 2001), 66 FR 41643 (August 8, 2001) 1 15 U.S.C. 78s(b)(1). determined by the Exchange. (SR–ISE–2001–17), at 41644–41645; see also 2 17 CFR 240.19b–4. 5 The first evaluation period may be longer or Securities Exchange Act Release No. 51818 (June 3 Securities Exchange Act Release No. 67057 (May shorter than a calendar quarter, depending on 10, 2005), 70 FR 35146 (June 16, 2005) (SR–ISE– 24, 2012), 77 FR 32157 (‘‘Notice’’). Commission approval of the proposed rule change. 2005–18), at 35149.

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among the Specialist Pool participants comments on the proposed rule change destinations on the System routing by creating a quarterly contest designed from interested persons. table. The TRIM routing strategy is to measure the quote performance of focused on seeking execution of orders I. Self-Regulatory Organization’s Specialists and eSpecialists. The while minimizing execution costs by Statement of the Terms of Substance of routing to certain low cost execution Exchange states that the determination the Proposed Rule Change of the winner of this quarterly contest venues on the Exchange’s routing table. will be based on objective evaluation of The Exchange proposes to amend the Accordingly, the Exchange’s current the relative quote performance of each fee schedule applicable to Members 3 TRIM routing strategy will check the Specialist and eSpecialist and the and non-members of the Exchange Exchange’s order book and then route to evaluation criteria will be announced in pursuant to BYX Rules 15.1(a) and (c). various venues on the Exchange’s advance of each evaluation period. The Changes to the fee schedule pursuant to routing table, including NASDAQ OMX Exchange notes that enhanced quote this proposal will be effective upon BX, Inc. (‘‘NASDAQ BX’’), EDGA competition should lead to narrower filing. EXCHANGE, Inc. (‘‘EDGA’’), the New spreads and more liquid markets, The text of the proposed rule change York Stock Exchange LLC (‘‘NYSE’’), thereby benefiting investors. Further, is available at the Exchange’s Web site BATS Exchange, Inc. (‘‘BZX Exchange’’) notes the Exchange, narrower spreads at http://www.batstrading.com, at the and certain alternative trading systems and more liquid markets should attract principal office of the Exchange, and at available through the Exchange’s ‘‘DRT’’ more order flow to the exchange, the Commission’s Public Reference strategy (‘‘DRT Venues’’).5 As of July 2, enhancing price discovery and generally Room. 2012, the Exchange plans to add an benefiting all participants on the II. Self-Regulatory Organization’s additional execution venue, NASDAQ Exchange. For these reasons, the Statement of the Purpose of, and OMX PSX (‘‘NASDAQ PSX’’), to the Commission believes that the proposed Statutory Basis for, the Proposed Rule TRIM routing strategy. The TRIM rule change is consistent with the Act. Change routing strategy generally passes the same execution fee assessed by the IV. Conclusion In its filing with the Commission, the applicable market center back to Exchange included statements Exchange Users.6 In order to add It is therefore ordered, pursuant to concerning the purpose of and basis for Section 19(b)(2) of the Act,11 that the NASDAQ PSX to the TRIM routing the proposed rule change and discussed strategy, the Exchange is proposing to proposed rule change (SR–NYSEAmex– any comments it received on the 2012–31) be, and it hereby is, approved. adopt pricing for executions through the proposed rule change. The text of these TRIM routing strategy of orders routed For the Commission, by the Division of statements may be examined at the to NASDAQ PSX. Trading and Markets, pursuant to delegated places specified in Item IV below. The Based on a recently filed proposal, as 12 authority. Exchange has prepared summaries, set of July 2, 2012, NASDAQ PSX does not Kevin M. O’Neill, forth in Sections A, B, and C below, of assess any charge to remove liquidity Deputy Secretary. the most significant parts of such from its order book for participants that [FR Doc. 2012–17420 Filed 7–17–12; 8:45 am] statements. reach certain volume tiers.7 Because the BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Exchange anticipates being able to reach Statement of the Purpose of, and such tiers based on its routing practices, Statutory Basis for, the Proposed Rule the Exchange proposes neither to assess SECURITIES AND EXCHANGE Change any fee nor to provide any rebate for COMMISSION TRIM orders that remove liquidity from 1. Purpose NASDAQ PSX. The Exchange proposes to modify its [Release No. 34–67422; File No. SR–BYX– (ii) Logical Port Fees 2012–013] fee schedule in order to: (i) Accommodate an additional venue as The Exchange also proposes to Self-Regulatory Organizations; BATS part of the Exchange’s ‘‘TRIM’’ routing commence charging fees to Members Y-Exchange, Inc.; Notice of Filing and strategy; and (ii) commence charging for and non-members for logical ports used Immediate Effectiveness of Proposed logical ports used to enter orders into to enter orders into Exchange systems Rule Change Related to Fees for Use Exchange systems and to receive data and to receive data from the Exchange. of BATS Y-Exchange, Inc. from the Exchange. Each of these A logical port is also commonly referred proposed changes is described in further to as a TCP/IP port, and represents a July 12, 2012. detail below. port established by the Exchange within Pursuant to Section 19(b)(1) of the the Exchange’s system for trading and Securities Exchange Act of 1934 (i) TRIM Routing Strategy billing purposes. Each logical port (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 The Exchange proposes to modify its notice is hereby given that on February fee schedule in order to accommodate 5 As set forth in BYX Rule 11.13(a)(3)(E), DRT is an additional venue as part of the a routing option in which the entering firm 8, 2012, BATS Y-Exchange, Inc. (‘‘BYX’’ instructs the System to route to alternative trading or ‘‘Exchange’’) filed with the Securities Exchange’s ‘‘TRIM’’ routing strategy. As systems included in the System routing table. and Exchange Commission defined in BYX Rule 11.13(a)(3)(G), Unless otherwise specified, DRT can be combined (‘‘Commission’’) the proposed rule TRIM is a routing option under which with and function consistent with all other routing change as described in Items I, II and III an order checks the System 4 for options. 6 As defined in BYX Rule 1.5(cc), a User is any below, which Items have been prepared available shares and then is sent to Member or Sponsored Participant who is by the Exchange. The Commission is authorized to obtain access to the System pursuant publishing this notice to solicit 3 A Member is any registered broker or dealer that to Rule 11.3. A Sponsored Participant is a firm that has been admitted to membership in the Exchange. is sponsored by a Member of the Exchange to access 4 As defined in BYX Rule 1.5(aa), the System is the Exchange and that meets the criteria of 11 15 U.S.C. 78s(b)(2). the electronic communications and trading facility Exchange Rule 11.3. 12 17 CFR 200.30–3(a)(12). designated by the Board through which securities 7 See SR–Phlx–2012–87 (June 27, 2012). This 1 15 U.S.C. 78s(b)(1). orders of Users are consolidated for ranking, proposal was recently filed and will become 2 17 CFR 240.19b–4. execution and, when applicable, routing away. operative on July 2, 2012.

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established is specific to a Member or free of charge has not encouraged such routed orders were executed non-member and grants that Member or Members and non-members to reserve directly by the Member at NASDAQ non-member the ability to operate a and maintain ports efficiently, but PSX. The Exchange also believes that specific application, such as FIX order rather, has led to a significant number the proposed fees for the TRIM routing entry or Multicast PITCH data receipt. of ports that are reserved and enabled by strategy are fair and equitable and not In contrast to its affiliate, BZX such market participants but are never unreasonably discriminatory in that Exchange, and most of its competitors, used or are under used. Accordingly, they apply equally to all Exchange the Exchange currently provides logical the Exchange believes that the Users. ports free of charge to Members and imposition of port fees will help the The Exchange believes that its non-members that have access to or Exchange to continue to maintain and proposed logical port fees are reasonable receive data from the Exchange. improve its infrastructure, while also in light of the benefits to Members of Pursuant to the proposed rule change, encouraging Exchange customers to direct market access and receipt of data, the Exchange will begin charging a request and enable only the ports that which data, other than the proposed monthly fee for ports used to enter are necessary for their operations related logical port fee, is currently provided orders in the Exchange’s trading system to the Exchange. The Exchange also free of charge. In addition, the Exchange and to receive data from the Exchange. notes that its affiliated national believes that its fees are equitably The Exchange proposes to charge securities exchange, BZX Exchange, allocated among its constituents based $400.00 per month per pair 8 of any port charges for ports to access its cash upon the number of access ports that type other than a Multicast PITCH Spin equity securities platform on exactly the they require to submit orders to the Server Port or a GRP Port. Thus, this same terms as are proposed herein. Exchange or receive data from the proposed charge will apply to all 2. Statutory Basis Exchange. The Exchange believes that Exchange FIX, FIXDROP, BOE, DROP, its fees for access services will enable it TCP PITCH, and TOP ports. In addition, The Exchange believes that the to better cover its infrastructure costs the Exchange proposes to provide all proposed rule change is consistent with and to improve its technology and Exchange constituents that receive the the requirements of the Act and the services. Exchange’s Multicast PITCH Feed with rules and regulations thereunder that The Exchange also believes that 32 Multicast PITCH Spin Server Ports are applicable to a national securities providing financial incentives to use free of charge and, if such ports are exchange, and, in particular, with the 9 Exchange technology that the Exchange used, one free pair of GRP Ports. The requirements of Section 6 of the Act. believes is the most technologically Specifically, the Exchange believes that Exchange proposes to charge such efficient for the Exchange and its the proposed rule change is consistent customers $400.00 per month per constituents is a fair and equitable with Section 6(b)(4) of the Act,10 in that additional pair of GRP Ports or approach to pricing. Accordingly, the it provides for the equitable allocation additional set of 32 Multicast PITCH Exchange believes that promotion of its of reasonable dues, fees and other Spin Server Ports. The Exchange’s Multicast PITCH data feed through the charges among members and other proposal to provide certain ports free of offering of free logical ports is fair and persons using any facility or system charge to Multicast Pitch customers is equitable. The Multicast PITCH data which the Exchange operates or designed to encourage use of the feed is available to all Members, and as controls. The Exchange notes that it Exchange’s Multicast PITCH Feed such, all Members have the ability to because the Exchange believes that the operates in a highly competitive market in which market participants can receive applicable Multicast PITCH feed is its most efficient feed, and thus, ports free of charge. Based on the will reduce infrastructure costs for both readily direct order flow to competing venues if they deem fee levels at a foregoing, the Exchange believes that the Exchange and those who utilize the the proposed pricing structure for feed. Any Member or non-member that particular venue to be excessive. The Exchange also notes that with respect to logical ports is not unreasonably has entered into the appropriate discriminatory. agreements with the Exchange is the routing changes proposed in this permitted to receive Multicast PITCH filing, although routing options are B. Self-Regulatory Organization’s Spin Server Ports and GRP Ports from available to all Users, Users are not Statement on Burden on Competition required to use the Exchange’s routing the Exchange. The Exchange does not believe that services, but instead, the Exchange’s Based on the proposal, the change the proposed rule change will impose routing services are completely applies to Members that obtain ports for any burden on competition not optional. Members can manage their direct access to the Exchange, necessary or appropriate in furtherance own routing to different venues or can Sponsored Participants sponsored by of the purposes of the Act. To the utilize a myriad of other routing Members to receive direct access to the contrary, the Exchange will not assess solutions that are available to market Exchange, non-member service bureaus any routing fee for orders routed to participants. that act as a conduit for orders entered NASDAQ PSX, consistent with The Exchange believes that the by Exchange Members that are their NASDAQ PSX pricing. The Exchange proposed fee for executions at NASDAQ customers, and market data recipients. also notes that Users may choose to PSX under the TRIM routing option is The Exchange has previously provided mark their orders as ineligible for reasonable in that it is the same fee as ports free of charge to all Members and routing to avoid incurring routing fees.11 the fee charged directly by NASDAQ non-members that use such ports for With respect to port fees, fees for access order entry to the Exchange or for PSX, as described above. As such, the Exchange believes that the proposed to the Exchange will be a component of receipt of market data. However, over the overall fees charged by the Exchange time, the Exchange’s infrastructure costs routing fee is competitive, fair and reasonable, and non-discriminatory in to execute and route orders through the have increased. In addition, the Exchange. As the Commission has Exchange believes that providing ports that it is generally designed to mirror the fee applicable to the execution if 11 See, e.g., BYX Rule 11.9(c)(4) (describing 8 Each pair of ports will consist of one port at the ‘‘BATS Only’’ orders) and BYX Rule 11.13(a)(2) Exchange’s primary data center and one port at the 9 15 U.S.C. 78f. (describing the routing process, which is dependent Exchange’s secondary data center. 10 15 U.S.C. 78f(b)(4). on User instruction).

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recognized, the market for execution IV. Solicitation of Comments For the Commission, by the Division of and routing services is extremely Trading and Markets, pursuant to delegated 15 competitive.12 Market participants that Interested persons are invited to authority. choose not to connect directly to the submit written data, views, and Kevin M. O’Neill, Exchange can readily access liquidity arguments concerning the foregoing, Deputy Secretary. available on the Exchange by directing including whether the proposed rule [FR Doc. 2012–17421 Filed 7–17–12; 8:45 am] their order flow to other venues that, change is consistent with the Act. BILLING CODE 8011–01–P under Regulation NMS, must route to Comments may be submitted by any of the Exchange if it has posted the best the following methods: price. Accordingly, the Exchange must Electronic Comments SMALL BUSINESS ADMINISTRATION set its fees, including access service fees, at a level that will not deter market • Use the Commission’s Internet [Disaster Declaration #13107 and #13108] participants from connecting to the comment form (http://www.sec.gov/ Exchange; otherwise, potential users of rules/sro.shtml); or Florida Disaster #FL–00072 the Exchange’s services will simply • Send an email to rule-comments@ AGENCY: U.S. Small Business direct order flow to the Exchange’s sec.gov. Please include File Number SR– Administration. multiple competitors. In addition, the BYX–2012–013 on the subject line. ACTION: Notice. Exchange believes that the proposed port fees are consistent with or less than Paper Comments SUMMARY: This is a Notice of the the port fees charged by its competitors. Presidential declaration of a major • Send paper comments in triplicate With respect to market data, the disaster for Public Assistance Only for to Elizabeth M. Murphy, Secretary, Exchange does not currently charge any the State of Florida (FEMA–4068–DR), fees for such data. Although it will now Securities and Exchange Commission, dated 07/09/2012. begin imposing a fee related to access to 100 F Street NE., Washington, DC Incident: Tropical Storm Debby. such data, for market participants that 20549–1090. Incident Period: 06/23/2012 and receive such data directly from the All submissions should refer to File continuing. Exchange, the Exchange believes that its Number SR–BYX–2012–013. This file Effective Date: 07/09/2012. free provision of data justifies such number should be included on the Physical Loan Application Deadline market participants paying some subject line if email is used. To help the Date: 09/07/2012. amount in order to help the Exchange Commission process and review your Economic Injury (EIDL) Loan offset the infrastructure costs of comments more efficiently, please use Application Deadline Date: 04/09/2013. providing such data. only one method. The Commission will ADDRESSES: Submit completed loan C. Self-Regulatory Organization’s post all comments on the Commission’s applications to: U.S. Small Business Statement on Comments on the Internet Web site (http://www.sec.gov/ Administration, Processing and Proposed Rule Change Received From rules/sro.shtml). Copies of the Disbursement Center, 14925 Kingsport Members, Participants, or Others submission, all subsequent Road, Fort Worth, TX 76155. amendments, all written statements FOR FURTHER INFORMATION CONTACT: No written comments were solicited with respect to the proposed rule Alan Escobar, Office of Disaster or received. change that are filed with the Assistance, U.S. Small Business Administration, 409 3rd Street SW., III. Date of Effectiveness of the Commission, and all written Suite 6050, Washington, DC 20416. Proposed Rule Change and Timing for communications relating to the Commission Action proposed rule change between the SUPPLEMENTARY INFORMATION: Notice is Commission and any person, other than hereby given that as a result of the Pursuant to Section 19(b)(3)(A)(ii) of those that may be withheld from the President’s major disaster declaration on the Act 13 and Rule 19b–4(f)(2) public in accordance with the 07/09/2012, Private Non-Profit thereunder,14 the Exchange has provisions of 5 U.S.C. 552, will be organizations that provide essential designated this proposal as establishing available for Web site viewing and services of governmental nature may file disaster loan applications at the address or changing a due, fee, or other charge printing in the Commission’s Public listed above or other locally announced applicable to the Exchange’s Members Reference Room, 100 F Street NE., and non-members, which renders the locations. Washington, DC 20549, on official The following areas have been proposed rule change effective upon business days between the hours of filing. determined to be adversely affected by 10:00 a.m. and 3:00 p.m. Copies of such the disaster: At any time within 60 days of the filing also will be available for Primary Counties: Baker; Charlotte; filing of the proposed rule change, the inspection and copying at the principal Citrus; Clay; Columbia; Dixie; Commission summarily may office of the Exchange. All comments Franklin; Gulf; Hamilton; temporarily suspend such rule change if received will be posted without change; it appears to the Commission that such Hernando; Jefferson; Lafayette; the Commission does not edit personal Liberty; Manatee; Nassau; Pasco; action is necessary or appropriate in the identifying information from public interest, for the protection of Sarasota; Suwannee; Union; submissions. You should submit only Wakulla. investors, or otherwise in furtherance of information that you wish to make the purposes of the Act. publicly available. All submissions The Interest Rates are: should refer to File Number SR–BYX– 12 Percent Securities Exchange Act Release No. 59039 2012–013 and should be submitted on (December 2, 2008), 73 FR 74770 (December 9, 2008) (SR–NYSEArca–2006–21). or before August 8, 2012. For Physical Damage: 13 15 U.S.C. 78s(b)(3)(A)(ii). Non-Profit Organizations With 14 17 CFR 240.19b–4(f)(2). 15 17 CFR 200.30–3(a)(12). Credit Available Elsewhere ... 3.125

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Percent comments on the transaction within SMALL BUSINESS ADMINISTRATION fifteen days of the date of this Non-Profit Organizations With- publication to Associate Administrator Ironwood Mezzanine Fund III–A, L.P., out Credit Available Else- for Investment, U.S. Small Business License No. 01/01–0421; Notice where ...... 3.000 Seeking Exemption Under Section 312 For Economic Injury: Administration, 409 Third Street SW., Washington, DC 20416. of the Small Business Investment Act, Non-Profit Organizations With- Conflicts of Interest out Credit Available Else- Dated: July 9, 2012. where ...... 3.000 Sean J. Greene, Notice is hereby given that Ironwood Mezzanine Fund III–A, L.P., 55 Nod Rd, The number assigned to this disaster Associate Administrator for Investment. Avon, CT 06001, a Federal Licensee for physical damage is 13107B and for [FR Doc. 2012–17446 Filed 7–17–12; 8:45 am] under the Small Business Investment economic injury is 13108B. BILLING CODE P Act of 1958, as amended (‘‘the Act’’), in (Catalog of Federal Domestic Assistance connection with the financing of a small Numbers 59002 and 59008) concern, has sought an exemption under SMALL BUSINESS ADMINISTRATION Section 312 of the Act and Section James E. Rivera, 107.730, Financings which Constitute Associate Administrator for Disaster Ascent Venture Partners IV–A, L.P., Conflicts of Interest of the Small Assistance. License No. 01/01–0404; Notice Business Administration (‘‘SBA’’) Rules [FR Doc. 2012–17394 Filed 7–17–12; 8:45 am] Seeking Exemption Under Section 312 and Regulations (13 CFR 107.730). BILLING CODE 8025–01–P of the Small Business Investment Act, Ironwood Mezzanine Fund III–A, L.P. Conflicts of Interest proposes to provide debt security financing to My Alarm Center, LLC. The SMALL BUSINESS ADMINISTRATION Notice is hereby given that Ascent financing is contemplated to repay debt [Accretive Investors SBIC, L.P.; License No. Venture Partners IV–A, L.P., 255 State and redeem certain preferred equity 02/72–0627] Street, 5th Floor, Boston, MA 02109, a securities. Federal Licensee under the Small The financing is brought within the Notice Seeking Exemption Under Business Investment Act of 1958, as purview of § 107.730(a)(4) of the Section 312 of the Small Business amended (‘‘the Act’’), in connection Regulations because My Alarm Center, Investment Act, Conflicts of Interest with the sale of its interests in four LLC will use part of the financing to Notice is hereby given that Accretive small concerns, has sought an discharge debts owed to Ironwood Investors SBIC, L.P., 55 East 59th Street exemption under Section 312 of the Act Mezzanine Fund II, L.P., an Associate of 22nd Floor, New York, NY 10022, a and Section 107.730, Financings which Ironwood Mezzanine Fund III–A, L.P. Therefore, this transaction is considered Federal Licensee under the Small Constitute Conflicts of Interest of the a financing of an Associate requiring an Business Investment Act of 1958, as Small Business Administration (‘‘SBA’’) exemption. amended (‘‘the Act’’), in connection Rules and Regulations (13 CFR 107.730). with the financing of a small concern, Notice is hereby given that any Ascent Venture Partners IV–A, L.P. interested person may submit written has sought an exemption under Section proposes to sell a portion of its interests 312 of the Act and Section 107.730, comments on the transaction within in the four small concerns to a fifteen days of the date of this Financings which Constitute Conflicts secondary buyer (‘‘Buyer’’). The Buyer of Interest of the Small Business publication to the Associate will pay the management company of Administration (‘‘SBA’’) Rules and Administrator for Investment, U.S. Ascent Venture Partners IV–A, L.P. an Regulations (13 CFR 107.730). Accretive Small Business Administration, 409 annual fee to monitor the assets for the Investors SBIC, L.P. proposes to provide Third Street SW., Washington, DC debt financing to 2007 Apollo Holding Buyer. 20416. Corp. which owns 100% of the The transaction is brought within the Sean Greene, outstanding stock of operating company purview of § 107.730 of the Regulations Associate Administrator for Investment. AlphaStaff Group, Inc., 800 Corporate because the management company of [FR Doc. 2012–17524 Filed 7–17–12; 8:45 am] Drive, Suite 800, Fort Lauderdale, FL Ascent Venture Partners IV–A, L.P. is an BILLING CODE P 33301. Associate of Ascent Venture Partners The financing is brought within the IV–A, L.P. purview of § 107.730 of the Regulations Therefore, this transaction is SMALL BUSINESS ADMINISTRATION because Accretive II, LP and Accretive considered a self-deal pursuant to 13 II Coinvestment, L.P., Associates of [License No. 06/06–0335] Accretive Investors SBIC, L.P., each own CFR 107.730 and requires an exemption. Notice is hereby given that any Escalate Capital Partners SBIC I, L.P.; more than ten percent of Apollo Notice Seeking Exemption Under Holding Corp. Also, the proposed interested person may submit written comments on the transaction within Section 312 of the Small Business investment by Accretive Investors SBIC, Investment Act, Conflicts of Interest L.P. will be part of a larger pool of funds fifteen days of the date of this that will relieve a potential funding publication to Associate Administrator Notice is hereby given that Escalate obligation of Accretive II GP, LLC, for Investment, U.S. Small Business Capital Partners SBIC I, L.P., 300 West which is an Associate of Accretive Administration, 409 Third Street SW., 6th Street, Suite 2250, Austin, TX Investors SBIC, L.P. Washington, DC 20416. 78701, a Federal Licensee under the Therefore, this transaction is Dated: June 27, 2012. Small Business Investment Act of 1958, considered a financing of an Associate as amended (‘‘the Act’’), in connection Sean J. Greene, and a self-deal pursuant to 13 CFR with the financing of a small concern, 107.730 and requires an exemption. Associate Administrator for Investment. has sought an exemption under Section Notice is hereby given that any [FR Doc. 2012–17516 Filed 7–17–12; 8:45 am] 312 of the Act and Section 107.730, interested person may submit written BILLING CODE P Financings which Constitute Conflicts

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of Interest of the Small Business TMAs made in the Federal Register on 5303(d). Additional urbanized areas Administration (‘‘SBA’’) Rules and July 8, 2002, at 67 FR 45173. may be designated as TMAs by the Regulations (13 CFR 107.730). Escalate DATES: Effective Date: July 18, 2012. Secretary of Transportation upon Capital Partners SBIC I, L.P. proposes to FOR FURTHER INFORMATION CONTACT: For request of the Governor and the MPO, make a debt investment in Mavenir FTA related questions, Charles or affected local officials. Notification of Systems, Inc., a portfolio company of its Goodman, Office of Systems Planning any additional TMAs will be issued Associate Austin Ventures. (TPE–10), (202) 366–1944, email: through a Secretarial Memorandum to The financing is brought within the [email protected], or Dana the appropriate State Governors and purview of § 107.730(b) of the Nifosi, Office of Chief Counsel (TCC), MPOs, not as a notice published in the Regulations because Escalate Capital (202) 366–4011, email: Federal Register. The UZAs with Partners SBIC I, L.P. proposes to [email protected], Federal Transit populations over 200,000, which are Finance a small business in which its Administration, 1200 New Jersey Ave. hereby designated as TMAs, are listed Associate Austin Ventures has an equity SE., Washington, DC 20590. Office below. The Santa Barbara, California interest of at least five percent, so the hours for the FTA are from 8:30 a.m. to urbanized area did not meet the transaction that will effect the proposed 5 p.m., et., Monday through Friday, statutory population threshold for TMA Financing requires prior SBA approval. except Federal holidays. designation, but was previously Notice is hereby given that any For FHWA related questions, James designated as a TMA at the request of interested person may submit written Cheatham, Office of Planning (HEPP), the MPO and Governor. The Santa comments on the transaction, within (202) 366–0106, email: Barbara urbanized area continues to be fifteen days of the date of this [email protected], or Janet designated as a TMA as a result of the publication, to the Associate Myers, Office of Chief Counsel (HCC), previous request. Administrator for Investment, U.S. (202) 366–2019, email: There have been significant changes Small Business Administration, 409 [email protected], Federal Highway in the urbanized areas defined by the Third Street SW., Washington, DC Administration, 1200 New Jersey Ave. 2010 Census from those defined by the 20416. SE., Washington, DC 20590. Office 2000 Census. These changes include Dated: July 6, 2012. hours are from 8:00 a.m. to 4:30 p.m., new areas, based primarily on et., Monday through Friday, except Sean J. Greene, population growth, name changes, and Federal holidays. Associate Administrator for Investment. areas with significant boundary SUPPLEMENTARY INFORMATION: Titles 23 changes. For multistate urbanized areas [FR Doc. 2012–17439 Filed 7–17–12; 8:45 am] and 49 of the United States Code (23 BILLING CODE P over 200,000 population, the urbanized U.S.C. 134(k)(1)(A) and 49 U.S.C. area is listed under the State with the 5303(k)(1)(A)) require the Secretary of largest share of the population. Transportation to designate urbanized DEPARTMENT OF TRANSPORTATION However, the TMA designation applies areas over 200,000 population as TMAs. to the entire multistate urbanized area. A number of Census Bureau defined Federal Transit Administration urbanized areas across the United States The Census Bureau defined the have recently exceeded 200,000 in Census 2010 urbanized areas using the Federal Highway Administration population as determined by the 2010 criteria published in the Federal Census. Accordingly, this notice hereby Register on August 24, 2011 (76 FR Designation of Transportation 53030). As a result of using these Management Areas designates such areas as TMAs. Designated TMAs are subject to special definitions, there were significant AGENCIES: Federal Transit planning and programming changes in the Census 2010 urbanized Administration (FTA), Federal Highway requirements. The FTA and the FHWA areas from those defined based on the Administration (FHWA), DOT. have developed a series of ‘‘Questions 2000 census and criteria. A detailed discussion of the differences in the ACTION: Notice of designation. and Answers’’ related to applying 2010 Census data to Urbanized and Urban Census Bureau criteria from 2000 to SUMMARY: The Federal Transit areas in the joint FTA and FHWA 2010 can be found at the Census Administration (FTA) and the Federal planning processes. More information Bureau’s Web site. http:// Highway Administration (FHWA) are can be found at http:// www.census.gov/geo/www/ua/ _ announcing that all urbanized areas www.fhwa.dot.gov/planning/ 2000 2010uadif.pdf. (UZAs) with populations greater than census_issues/ and http:// Authority: 23 U.S.C. 315; 23 U.S.C. 200,000 as determined by the 2010 www.fta.dot.gov/grants/ 134(k)(1)(A), 49 U.S.C. 5303(k)(1)(A), 49 CFR Census are hereby designated as 12853_12408.html. 1.48 and 1.51. Transportation Management Areas These requirements apply to the Issued on: May 10, 2012. (TMAs). The FTA and FHWA are taking metropolitan planning areas that must this action in compliance with the be determined jointly by the Victor M. Mendez, agencies’ authorizing statutes, 23 U.S.C. metropolitan planning organization Administrator. 134, and 49 U.S.C. 5303. This action (MPO) and Governor, in accordance Peter Rogoff, supersedes the agencies’ designations of with 23 U.S.C. 134(d) and 49 U.S.C. Administrator, FTA.

Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

Alabama: Birmingham, AL ...... 749,495 Mobile, AL ...... 326,183 Huntsville, AL ...... 286,692

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Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

Montgomery, AL ...... 263,907 New TMA.

State Total ...... 1,626,277 Alaska: Anchorage, AK ...... 251,243

State Total ...... 251,243 Arizona: Phoenix-Mesa, AZ ...... 3,629,114 Tucson, AZ ...... 843,168

State Total ...... 4,472,282 Arkansas: Little Rock, AR ...... 431,388 Fayetteville-Springdale-Rogers, AR-MO ...... 295,083 New TMA.

State Total ...... 726,471 California: Los Angeles-Long Beach-Anaheim, CA ...... 12,150,996 Name Change. San Francisco-Oakland, CA ...... 3,281,212 San Diego, CA ...... 2,956,746 Riverside-San Bernardino, CA ...... 1,932,666 Sacramento, CA ...... 1,723,634 San Jose, CA ...... 1,664,496 Fresno, CA ...... 654,628 Concord, CA ...... 615,968 Mission Viejo-Lake Forest-San Clemente, CA ...... 583,681 Name Change. Bakersfield, CA ...... 523,994 Murrieta-Temecula-Menifee, CA ...... 441,546 Stockton, CA ...... 370,583 Oxnard, CA ...... 367,260 Modesto, CA ...... 358,172 Indio-Cathedral City, CA ...... 345,580 Name Change. Lancaster-Palmdale, CA ...... 341,219 Victorville-Hesperia, CA ...... 328,454 Name Change. Santa Rosa, CA ...... 308,231 Antioch, CA ...... 277,634 Santa Clarita, CA ...... 258,653 New TMA. Visalia, CA ...... 219,454 New TMA. Thousand Oaks, CA ...... 214,811

State Total ...... 29,919,618 Colorado: Denver-Aurora, CO ...... 2,374,203 Colorado Springs, CO ...... 559,409 Fort Collins, CO ...... 264,465

State Total ...... 3,198,077 Connecticut: Hartford, CT ...... 924,859 Bridgeport-Stamford, CT-NY ...... 923,311 New Haven, CT ...... 562,839 Norwich-New London, CT-RI ...... 209,190 New TMA.

State Total ...... 2,620,199 Delaware: State Total. District of Columbia:

Washington, DC-VA-MD ...... 4,586,770

State Total ...... 4,586,770 Florida: Miami, FL ...... 5,502,379 Tampa—St. Petersburg, FL ...... 2,441,770 Orlando, FL ...... 1,510,516 Jacksonville, FL ...... 1,065,219 Sarasota—Bradenton, FL ...... 643,260 Cape Coral, FL ...... 530,290 Palm Bay—Melbourne, FL ...... 452,791 Port St. Lucie, FL ...... 376,047 Palm Coast—Daytona Beach—Port Orange, FL ...... 349,064 Name Change. Pensacola, FL–AL ...... 340,067

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Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

Kissimmee, FL ...... 314,071 New TMA. Bonita Springs, FL ...... 310,298 Name Change. Lakeland, FL ...... 262,596 New TMA. Tallahassee, FL ...... 240,223 Winter Haven, FL ...... 201,289 New TMA.

State Total ...... 14,539,880 Georgia: Atlanta, GA ...... 4,515,419 Augusta—Richmond County, GA—SC ...... 386,787 Savannah, GA ...... 260,677 Columbus, GA—AL ...... 253,602

State Total ...... 5,416,485 Hawaii: Urban Honolulu, HI ...... 802,459 Name Change.

State Total ...... 802,459 Idaho: Boise City, ID ...... 349,684

State Total ...... 349,684 Illinois: Chicago, IL—IN ...... 8,608,208 Rockford, IL ...... 296,863 Round Lake Beach—McHenry—Grayslake, IL—WI ...... 290,373 Peoria, IL ...... 266,921

State Total ...... 9,462,365 Indiana: Indianapolis, IN ...... 1,487,483 Fort Wayne, IN ...... 313,492 South Bend, IN—MI ...... 278,165 Evansville, IN—KY ...... 229,351

State Total ...... 2,308,491 Iowa: Des Moines, IA ...... 450,070 Davenport, IA—IL ...... 280,051

State Total ...... 730,121 Kansas: Wichita, KS ...... 472,870

State Total ...... 472,870 Kentucky: Louisville/Jefferson County, KY—IN ...... 972,546 Name Change. Lexington—Fayette, KY ...... 290,263

State Total ...... 1,262,809 Louisiana: New Orleans, LA ...... 899,703 Baton Rouge, LA ...... 594,309 Shreveport, LA ...... 298,317 Lafayette, LA ...... 252,720 New TMA.

State Total ...... 2,045,049 Maine: Portland, ME ...... 203,914 New TMA.

State Total ...... 203,914 Maryland: Baltimore ...... 2,203,663 Aberdeen—Bel Air South—Bel Air North, MD ...... 213,751 New TMA.

State Total ...... 2,417,414 Massachusetts: Boston, MA—NH—RI ...... 4,181,019 Springfield, MA—CT ...... 621,300 Worcester, MA—CT ...... 486,514 Barnstable Town, MA ...... 246,695

State Total ...... 5,535,528

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Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

Michigan: Detroit, MI ...... 3,734,090 Grand Rapids, MI ...... 569,935 Flint, MI ...... 356,218 Lansing, MI ...... 313,532 Ann Arbor, MI ...... 306,022 Kalamazoo, MI ...... 209,703 New TMA.

State Total ...... 5,489,500 Minnesota: Minneapolis—St. Paul, MN—WI ...... 2,650,890 Name Change.

State Total ...... 2,650,890 Mississippi: Jackson, MS ...... 351,478 Gulfport, MS ...... 208,948 Name Change.

State Total ...... 560,426 Missouri: St. Louis, MO—IL ...... 2,150,706 Kansas City, MO—KS ...... 1,519,417 Springfield, MO ...... 273,724

State Total ...... 3,943,847 Montana: State Total.

Nebraska: Omaha, NE—IA ...... 725,008 Lincoln, NE ...... 258,719

State Total ...... 983,727 Nevada: Las Vegas—Henderson, NV ...... 1,886,011 Name Change. Reno, NV—CA ...... 392,141 Name Change.

State Total ...... 2,278,152 New Hampshire: Nashua, NH—MA ...... 226,400 New TMA.

State Total ...... 226,400 New Jersey: Atlantic City, NJ ...... 248,402 Trenton, NJ ...... 296,668

State Total ...... 545,070 New Mexico: Albuquerque, NM ...... 741,318

State Total ...... 741,318 New York: New York—Newark, NY—NJ—CT ...... 18,351,295 Buffalo, NY ...... 935,906 Rochester, NY ...... 720,572 Albany—Schenectady, NY ...... 594,962 Name Change. Poughkeepsie—Newburgh, NY—NJ ...... 423,566 Name Change. Syracuse, NY ...... 412,317

State Total ...... 21,438,618 North Carolina: Charlotte, NC—SC ...... 1,249,442 Raleigh, NC ...... 884,891 Winston-Salem, NC ...... 391,024 Durham, NC ...... 347,602 Greensboro, NC ...... 311,810 Fayetteville, NC ...... 310,282 Asheville, NC ...... 280,648 Wilmington, NC ...... 219,957 New TMA. Concord, NC ...... 214,881 New TMA. Hickory, NC ...... 212,195 New TMA.

State Total ...... 4,422,732 North Dakota:

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Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

State Total.

Ohio: Cleveland, OH ...... 1,780,673 Cincinnati, OH—KY—IN ...... 1,624,827 Columbus, OH ...... 1,368,035 Dayton, OH ...... 724,091 Akron, OH ...... 569,499 Toledo, OH—MI ...... 507,643 Youngstown, OH—PA ...... 387,550 Canton, OH ...... 279,245

State Total ...... 7,241,563 Oklahoma: Oklahoma City, OK ...... 861,505 Tulsa, OK ...... 655,479

State Total ...... 1,516,984 Oregon: Portland, OR—WA ...... 1,849,898 Eugene, OR ...... 247,421 Salem, OR ...... 236,632

State Total ...... 2,333,951 Pennsylvania: Philadelphia, PA—NJ—DE—MD ...... 5,441,567 Pittsburgh, PA ...... 1,733,853 Allentown, PA—NJ ...... 664,651 Name Change. Harrisburg, PA ...... 444,474 Lancaster, PA ...... 402,004 Scranton, PA ...... 381,502 Reading, PA ...... 266,254 York, PA ...... 232,045 New TMA.

State Total: ...... 9,566,350 Rhode Island Providence, RI—MA ...... 1,190,956

State Total ...... 1,190,956 South Carolina: Columbia, SC ...... 549,777 Charleston—North Charleston, SC ...... 548,404 Greenville, SC ...... 400,492 Myrtle Beach—Socastee, SC—NC ...... 215,304 New TMA.

State Total ...... 1,713,977 South Dakota: State Total.

Tennessee: Memphis, TN—MS—AR ...... 1,060,061 Nashville-Davidson, TN ...... 969,587 Knoxville, TN ...... 558,696 Chattanooga, TN—GA ...... 381,112

State Total ...... 2,969,456 Texas: Dallas—Fort Worth—Arlington, TX ...... 5,121,892 Houston, TX ...... 4,944,332 San Antonio, TX ...... 1,758,210 Austin, TX ...... 1,362,416 El Paso, TX—NM ...... 803,086 Name Change. McAllen, TX ...... 728,825 Denton—Lewisville, TX ...... 366,174 Corpus Christi, TX ...... 320,069 Conroe—The Woodlands, TX ...... 239,938 New TMA. Lubbock, TX ...... 237,356 Laredo, TX ...... 235,730 New TMA. Killeen, TX ...... 217,630 New TMA. Brownsville, TX ...... 217,585 New TMA.

State Total ...... 16,553,243 Utah:

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Area comparison to State/urbanized area (UZA) UZA 2010 2000 Census TMAs; population population

Salt Lake City—West Valley City, UT ...... 1,021,243 Name Change. Ogden—Layton, UT ...... 546,026 Provo—Orem, UT ...... 482,819

State Total ...... 2,050,088 Vermont: State Total.

Virginia: Virginia Beach, VA ...... 1,439,666 Richmond, VA ...... 953,556 Roanoke, VA ...... 210,111 New TMA.

State Total ...... 2,603,333 Washington: Seattle, WA ...... 3,059,393 Spokane, WA ...... 387,847 Name Change. Kennewick—Pasco, WA ...... 210,975 New TMA.

State Total ...... 3,658,215 West Virginia: Huntington, WV—KY—OH ...... 202,637 New TMA.

State Total ...... 202,637 Wisconsin: Milwaukee, WI ...... 1,376,476 Madison, WI ...... 401,661 Appleton, WI ...... 216,154 New TMA. Green Bay, WI ...... 206,520 New TMA.

State Total ...... 2,200,811 Wyoming: State Total. Puerto Rico: San Juan, PR ...... 2,148,346 Aguadilla—Isabela—San Sebastian, PR ...... 306,196

State Total ...... 2,454,542

[FR Doc. 2012–17514 Filed 7–17–12; 8:45 am] contact Jamie Pfister, Director, Office of $8,360,565,000 until September 30, BILLING CODE 4910–22–P Transit Programs, at (202) 366–2053. 2012. The provisions and funding levels Please contact the appropriate FTA of MAP–21 become effective on October regional office for any specific requests 1, 2012. FEDERAL TRANSIT ADMINISTRATION for information or technical assistance. Additionally, FTA’s full-year A list of FTA regional offices and FTA Supplemental Fiscal Year 2012 appropriations bill (Pub. L. 112–055, the contact information is available on the Consolidated and Further Continuing Apportionments, Allocations, and FTA Web site at http://www.fta.dot.gov. Program Information Appropriations Act, 2012), hereinafter I. Overview (‘‘Appropriations Act, 2012’’) was AGENCY: Federal Transit Administration enacted in November 2011, providing (FTA), DOT. FTA’s current authorization, the Safe, FTA appropriated General Fund ACTION: Notice. Accountable, Flexible, Efficient, resources for all of FY 2012 for Transportation Equity Act: A Legacy for Administrative Expenses, Capital SUMMARY: The Federal Transit Users (SAFETEA–LU), expired Investment Grants, and Research Administration (FTA) annually September 30, 2009. Since that time, programs and grants to the Washington publishes one or more notices Congress has enacted short-term Metropolitan Area Transportation apportioning funds appropriated by law. extensions allowing FTA to continue its Authority. The Appropriations Act, In some cases, if less than a full year of current programs. The Surface 2012 also provided a full fiscal year funds is available, FTA publishes Transportation Extension Act of 2012, obligation limitation of $8,360,565,000 multiple partial apportionment notices. Part II, Found in Division G of Moving on contract authority made available to This notice announces the full fiscal Ahead for Progress in the 21st Century FTA programs funded from the Mass year (FY) 2012 contract authority, for (MAP–21), Public Law 112–141, Transit Account of the Highway Trust programs authorized under the Safe, continues the authorization of the Fund during this fiscal year. Accountable, Flexible, Efficient, Federal transit programs of the U.S. On January 11, 2012, FTA published Transportation Equity Act: A Legacy for Department of Transportation (DOT) an apportionments notice that Users (SAFETEA–LU). through September 30, 2012. It extends apportioned the FY 2012 authorized FOR FURTHER INFORMATION CONTACT: For contract authority for the Formula and contract authority among potential general information about this notice Bus Grants programs totaling program recipients based on contract

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authority that was available from Tables displaying the funds available to Materials Safety Administration October 1, 2011 through March 31, 2012 eligible states and urbanized areas have (PHMSA), DOT. (see Federal Register, Volume 77, No. been posted on FTA’s Web site at http:// ACTION: 7). That notice also provided relevant www.fta.dot.gov/apportionments. Notice of actions on Special information about the FY 2012 funding Beginning in FY 2013, FTA will Permit Applications. available, program requirements, period apportion funds made available under of availability, prior year unobligated the formula programs authorized under SUMMARY: In accordance with the balances, and other related program MAP–21 and based on the statutory procedures governing the application information and highlights. formulas included in MAP–21. FTA will for, and the processing of, special On May 9, 2012, FTA published a also use urbanized area and permits from the Department of supplemental apportionments notice demographic data from the 2010 Census Transportation’s Hazardous Material that apportioned the FY 2012 beginning in the FY 2013 Regulations (49 CFR part 107, Subpart authorized contract authority based on apportionments. B), notice is hereby given of the actions the authority that was available from This notice does not include on special permits applications in (June October 1, 2011 through June 30, 2012 reprogramming of discretionary funds to June 2012). The mode of based on the Surface Transportation that lapsed to the designated project as transportation involved are identified by Extension Act of 2012, Public Law 112– of September 30, 2011 or the allocation a number in the ‘‘Nature of 102, which continued the authorization of FY 2012 discretionary resources. Application’’ portion of the table below of the Federal transit programs of the as follows: 1—Motor vehicle, 2—Rail U.S. Department of Transportation Issued in Washington, DC, this 13th day of July 2012. freight, 3—Cargo vessel, 4—Cargo (DOT) through June 30, 2012 and extended contract authority for the Peter Rogoff, aircraft only, 5—Passenger-carrying Formula and Bus Grants programs at Administrator. aircraft. Application numbers prefixed approximately seventy-five percent of [FR Doc. 2012–17447 Filed 7–17–12; 8:45 am] by the letters EE represent applications the FY 2011 levels until June 30 2012. BILLING CODE P for Emergency Special Permits. It Copies of the January 11 and May 9 should be noted that some of the notices and accompanying tables can be sections cited were those in effect at the found on the FTA Web site at http:// DEPARTMENT OF TRANSPORTATION time certain special permits were www.fta.dot.gov/apportionments. issued. Pipeline and Hazardous Materials This document apportions the full FY Issued in Washington, DC, on July 9, 2012. 2012 authorized contract authority of Safety Administration Donald Burger, $8,360,565,000 among potential Actions on Special Permit Applications program recipients according to Chief, Special Permits and Approvals Branch. statutory formulas in 49 U.S.C. Chapter AGENCY: Office of Hazardous Materials 53 as authorized under SAFETEA–LU. Safety, Pipeline And Hazardous

S.P. No. Applicant Regulation(s) Nature of special permit thereof

MODIFICATION SPECIAL PERMIT GRANTED

14447–M ...... PCS Nitrogen Ohio, L.P., 49 CFR 177.834(i) and To modify the special permit to authorize the addition of three Lima, OH. 172.302(c). new Class 8 and one new Division 5.1 hazardous material, and to extend authorization to all DOT specification cargo tanks. 13424–M ...... Taminco Higher Amines, Inc. 49 CFR 177.834(i)(3) ...... To modify the special permit to authorize an additional Class (Former Grantee: Air Prod- 8 hazardous material. ucts & Chemicals, Inc.), St. Gabriel, LA.

NEW SPECIAL PERMIT GRANTED

15566–N ...... Lake and Peninsula Airlines, 49 CFR 173.302(f)(3) and To authorize the transportation in commerce of certain cyl- Inc., Port Alsworth, AK. (f)(4). inders of compressed oxygen, when no other practical means of transportation exist, without their outer packaging being capable of passing the Flame Penetration and Re- sistance Test and the Thermal Resistance Test. (modes 4, 5) 15624–N ...... Desert Air Transport, Anchor- 49 CFR 172.101 Column (9B) To authorize the transportation in commerce of certain Class age, AK. 1 explosive materials which are forbidden for transportation by air, to be transported by cargo aircraft within the State of Alaska when other means of transportation are impracti- cable or not available. (mode 4)

EMERGENCY SPECIAL PERMIT GRANTED

14526–M ...... Kidde Aerospace, Wilson, NC 49 CFR 173.302a ...... To reissue the special permit originally issued on an emer- gency basis for the transportation in commerce of a Divi- sion 2.2 compressed gas in a non-DOT specification cyl- inder similar to a DOT–39 for transportation by motor vehi- cle. Renewal done also (modes 1, 3)

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S.P. No. Applicant Regulation(s) Nature of special permit thereof

14641–M ...... Conocophillips Alaska, Inc., 49 CFR 172.101 Hazardous To modify the special permit by adding a new description for Anchorage, AK. Materials Table Column (9B). Flammable liquids, corrosive that have a toxic subsidiary hazard. (mode 4) 15428–M ...... Space Exploration Tech- 49 CFR Part 172 and 173 ...... To modify the special permit to authorize unlimited transpor- nologies Corp., Hawthorne, tation when the residue of Dinitrogen tetroxide, 2.3, UN CA. 1067 and Monomethylhydrazine, 6.1, UN 1244 is the only hazardous material contained in the space capsule. (mode 1) 15510–N ...... TEMSCO Helicopters, Inc., 49 CFR 172.101 Column (9B); To authorize the transportation in commerce of propane in Ketchikan, AK. 175.30(a)(1). DOT Specification 4B240, 4BA240, 4BW240 cylinders via helicopter utilizing sling loads. (mode 4) 15655–N ...... Walt Disney Parks and Re- 49 CFR 173.56(b) and To authorize the transportation in commerce of certain waste sorts U.S., Inc., Anaheim, 172.320. pyrotechnic material that has not been approved under 49 CA. CFR 173.56(b) by motor vehicle. (mode 1) 15661–N ...... Pyrotechnique by Grucci 49 CFR, 49 CFR 173.52, 49 To authorize the one-time, one-way transportation in com- (PbG), Brookhaven, NY. CFR 173.50. merce of certain unapproved Division 1.1G fireworks to a storage facility for the purpose of destruction. (mode 1)

DENIED

15514–N ...... Request by Shesam DBA Wilson Supply Cumberland, MD June 08, 2012. To authorize the transportation in commerce of cer- tain cylinders without pressure relief devices. 15598–N ...... Request by Lockheed Martin Space Systems Company Denver, CO June 08, 2012. To authorize the transportation in com- merce of hazardous materials listed in table 6 in spacecraft as non-specification packaging.

[FR Doc. 2012–17356 Filed 7–17–12; 8:45 am] of Hazardous Materials Safety has Administration, U.S. Department of BILLING CODE 4909–60–M received the applications described Transportation, Washington, DC 20590. herein. This notice is abbreviated to Comments should refer to the expedite docketing and public notice. application number and be submitted in DEPARTMENT OF TRANSPORTATION Because the sections affected, modes of triplicate. If confirmation of receipt of transportation, and the nature of comments is desired, include a self- Pipeline and Hazardous Materials application have been shown in earlier addressed stamped postcard showing Safety Administration Federal Register publications, they are the special permit number. Notice of Applications for Modification not repeated here. Requests for FOR FURTHER INFORMATION CONTACT: of Special Permit modification of special permits (e.g. to Copies of the applications are available provide for additional hazardous for inspection in the Records Center, AGENCY: Office of Hazardous Materials materials, packaging design changes, East Building, PHH–30, 1200 New Safety, Pipeline and Hazardous additional mode of transportation, etc.) Jersey Avenue Southeast, Washington Materials Safety Administration are described in footnotes to the DC, or at http://regulations.gov. (PHMSA), DOT. application number. Application This notice of receipt of applications ACTION: List of Applications for numbers with the suffix ‘‘M’’ denote a for modification of special permit is Modification of Special Permits. modification request. These published in accordance with Part 107 applications have been separated from of the Federal hazardous materials SUMMARY: In accordance with the the new application for special permits transportation law (49 U.S.C. 5117(b); procedures governing the application to facilitate processing. for, and the processing of, special 49 CFR 1.53(b)). permits from the Department of DATES: Comments must be received on Issued in Washington, DC, on July 11, Transportation’s Hazardous Material or before August 2, 2012. 2012. Regulations (49 CFR Part 107, Subpart Address Comments to: Record Center, Donald Burger, B), notice is hereby given that the Office Pipeline and Hazardous Materials Safety Chief, General Approvals and Permits.

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

MODIFICATION SPECIAL PERMITS

12516–M ...... Poly-Coat Systems, Inc., Liverpool, 49 CFR 107.503(b)(c); To modify the special permit that authorizes TX. 172.102(c)(3) B15 the manufacture, mark, sale and use of non- and B23; 173.241; DOT specification cargo tanks constructed 173.242; 178.345–1; of fiberglass reinforced plastic by increasing –2; –3; –4; –7; –14; the volumetric capacity. –15; 178.347–1; –2; 178.348–1; 178.348– 2; 180.405; 180.413(d). 14546–M ...... Linde Gas North America LLC, 49 CFR 180.209 ...... To modify the special permit to authorize an Murray Hill, NJ. alternative testing procedures for requali- fying cylinders.

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Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

15267–M ...... SMI Companies Franklin, LA ...... 49 CFR 171.8 ...... To modify the special permit to change the de- sign by removing the 2″ nozzles on the top flange. 15599–M ...... Vodik Labs, (formerly Ovonic Hy- LLC 49 CFR 173.311.. To modify the special permit to authorize drogen Systems), Fort Worth, cargo aircraft only. TX.

[FR Doc. 2012–17354 Filed 7–17–12; 8:45 am] permits from the Department of Comments should refer to the BILLING CODE M Transportation’s Hazardous Material application number and be submitted in Regulations (49 CFR part 107, Subpart triplicate. If confirmation of receipt of B), notice is hereby given that the Office comments is desired, include a self- DEPARTMENT OF TRANSPORTATION of Hazardous Materials Safety has addressed stamped postcard showing received the application described the special permit number. Pipeline and Hazardous Materials herein. Each mode of transportation for FOR FURTHER INFORMATION CONTACT: Safety Administration which a particular special permit is Copies of the applications are available Notice of Application for Special requested is indicated by a number in for inspection in the Records Center, Permits the ‘‘Nature of Application’’ portion of East Building, PHH–30, 1200 New the table below as follows: 1—Motor Jersey Avenue Southeast, Washington, AGENCY: Office of Hazardous Materials vehicle, 2—Rail freight, 3—Cargo vessel, DC or at http://regulations.gov. Safety, Pipeline and Hazardous 4—Cargo aircraft only, 5—Passenger- This notice of receipt of applications Materials Safety Administration carrying aircraft. for special permit is published in (PHMSA), DOT. accordance with Part 107 of the Federal DATES: Comments must be received on hazardous materials transportation law ACTION: List of applications for special or before August 17, 2012. (49 U.S.C. 5117(b); 49 CFR 1.53(b)). permits. ADDRESS COMMENTS TO: Record Center, Issued in Washington, DC, on July 11, SUMMARY: In accordance with the Pipeline and Hazardous Materials Safety 2012. procedures governing the application Administration, U.S. Department of Donald Burger, for, and the processing of, special Transportation, Washington, DC 20590. Chief, General Approvals and Permits.

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

NEW SPECIAL PERMITS

15654–N ...... T. SCOTT DUNN 49 CFR 172.101 Col- To authorize the transportation in commerce CONSTRUCTION, umn (9B), of certain hazardous materials by cargo INC. DBA Heli-Dunn 172.204(c)(3), only aircraft and 14 CFR Part 133 Rotor- Phoenix, OR. 173.27(b)(2), craft External Load Operations transporting 172.200, 172.300, hazardous materials attached to or sus- Part 173, pended from an aircraft, in remote areas of 175.30(a)(1) and the US only, without being subject to haz- 175.75. ard communication requirements, quantity limitations and certain loading and stowage requirements. (mode 4). 15656–N ...... Korean Air Lines Co. 49 CFR 172.101 Col- To authorize the one-time transportation in Ltd. (KAL) Arlington, umn (9B), commerce of certain explosives that are VA. 172.204(c)(3), forbidden for transportation by cargo only 173.27, and aircraft. (mode 4). 175.30(a)(1) in that explosives listed in paragraph 6 are for- bidden by cargo air- craft only, except as provided herein. 15660–N ...... Air Products and 49 CFR 180.205 and To authorize a 10-year requalification for Chemicals, Inc. 173.302a. DOT–3AL carrying Division 2.1 and 2.2 Tamaqua, PA. materials. (modes 1, 2, 3, 4, 5).

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[FR Doc. 2012–17353 Filed 7–17–12; 8:45 am] PHMSA is publishing the following list 2. Extensive public comment under BILLING CODE 4909–60–M of special permit applications that have review. been in process for 180 days or more. 3. Application is technically complex The reason(s) for delay and the expected and is of significant impact or DEPARTMENT OF TRANSPORTATION completion date for action on each precedent-setting and requires extensive application is provided in association analysis. Pipeline and Hazardous Materials with each identified application. 4. Staff review delayed by other Safety Administration FOR FURTHER INFORMATION CONTACT: priority issues or volume of special permit applications. Notice of Delays in Processing of Ryan Paquet, Director, Office of Special Permits Applications Hazardous Materials Special Permits Meaning of Application Number and Approvals, Pipeline and Hazardous Suffixes AGENCY: Office of Hazardous Materials Materials Safety Administration, U.S. Safety, Pipeline and Hazardous Department of Transportation, East N—New application Materials Safety Administration Building, PHH–30, 1200 New Jersey M—Modification request (PHMSA), DOT. Avenue Southeast, Washington, DC R—Renewal Request P—Party To Exemption Request ACTION: List of Applications Delayed 20590–0001, (202) 366–4535. more than 180 days. Issued in Washington, DC, on July 11, Key to ‘‘Reason for Delay’’ 2012. SUMMARY: In accordance with the 1. Awaiting additional information Donald Burger, requirements of 49 U.S.C. 5117(c), from applicant. Chief, General Approvals and Permits.

Reason for Estimated date Applicant No. Applicant delay of completion

MODIFICATION TO SPECIAL PERMITS

14372–M ..... Kidde Aerospace and Defense, Wilson, NC ...... 3 10–31–2012 15258–M ..... Air Products and Chemicals, Inc., Tamaqua, PA ...... 3 07–31–2012 10964–M ..... Kidde Aerospace & Defense, Wilson, NC ...... 3 08–31–2012

NEW SPECIAL PERMIT APPLICATIONS

15080–N ...... Alaska Airlines, Seattle, WA ...... 4 10–31–2012 15334–N ...... Floating Pipeline Company, Incorporated, Halifax, Nova Scotia ...... 3 09–30–2012 15494–N ...... Johnson Controls, Battery Group, Inc., MIlwaukee, WI ...... 3 08–31–2012 15504–N ...... FIBA, Technologies, Inc., Millbury, MA ...... 3 10–31–2012

PARTY TO SPECIAL PERMITS APPLICATION

14372–P ...... L’Hotellier, France ...... 3 10–31–2012 13548–P ...... A&S Batteries Inc., Billings, MT ...... 4 11–30–2012 15537–P ...... Austin Powder Company, Cleveland, OH ...... 4 10–31–2012 13548–P ...... Interstate Battery System of The Redwoods, Eureka, CA ...... 4 08–31–2012

RENEWAL SPECIAL PERMITS APPLICATIONS

12283–R ...... Interstate Battery of Alaska, Ancorage, AK ...... 4 09–30–2012 14313–R ...... Airgas, Inc., Radnor, PA ...... 3 12–31–2012

[FR Doc. 2012–17355 Filed 7–17–12; 8:45 am] Office within the Department of the ‘‘PRA Comments—Recoupment BILLING CODE 4910–60–M Treasury is soliciting comments Procedures of the Terrorism Risk concerning the Record Keeping Insurance Act (TRIA)’’. Please include Requirements set forth in 31 CFR part your name, affiliation, address, email 50, subpart H (Sec. 50.71 (d)). DEPARTMENT OF THE TREASURY address and telephone number in your DATES: Written comments must be comment. Comments will be available Departmental Offices; Proposed received on or before September 17, for public inspection by appointment Collection; Comment Request 2012. only at the Reading Room of the Treasury Library. To makes ADDRESSES: Submit comments by email ACTION: Notice and request for appointments, call (202) 622–0990 (not to [email protected] or by comments. a toll-free number). mail (if hard copy, preferably an original SUMMARY: The Department of the and two copies) to: Terrorism Risk FOR FURTHER INFORMATION CONTACT: Treasury, as part of its continuing effort Insurance Program, Public Comment Requests for additional information to reduce paperwork burdens, invites Record, Suite 2100, Department of the should be directed to: Terrorism Risk the general public and other Federal Treasury, 1425 New York Ave. NW., Insurance Program Office at (202) 622– agencies to comment on a currently Washington, DC 20220. Because paper 6770 (not a toll-free number). approved information collection that is mail in the Washington DC area may be due for extension approval by the Office subject to delay, it is recommended that SUPPLEMENTARY INFORMATION: of Management and Budget. The comments be submitted electronically. OMB Number: 1505–0207. Terrorism Risk Insurance Program All comments should be captioned with

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Title: Terrorism Risk Insurance agency, including whether the appointments, call (202) 622–0990 (not Program—Recoupment Procedures of information shall have practical utility; a toll-free number). the Terrorism Risk Insurance Act. (b) the accuracy of the agency’s estimate FOR FURTHER INFORMATION CONTACT: Abstract: Sections 103(a) and 104 of of the burden of the collection of Requests for additional information the Terrorism Risk Insurance Act of information; (c) ways to enhance the should be directed to: Terrorism Risk 2002 (Pub. L. 107–297) (as extended by quality, utility, and clarity of the Insurance Program Office at (202) 622– the Terrorism Risk Insurance Extension information collections; (d) ways to 6770 (not a toll-free number). Act of 2005 (Pub. L. 109–144) and the minimize the burden of the collection of SUPPLEMENTARY INFORMATION: Terrorism Risk Insurance Program information on respondents, including OMB Number: 1505–0208. Reauthorization Act of 2007 (Pub. L. through the use of automated collection Title: Terrorism Risk Insurance 110–160) authorize the Department of techniques or other forms of information Program—Program Cap on Annual the Treasury to administer and technology; and (e) estimates of capital Liability. implement the Terrorism Risk Insurance or start-up costs and costs of operation, Abstract: Sections 103(a) and 104 of Program established by the Act. Section maintenance, and purchase of services the Terrorism Risk Insurance Act of 103(e) of the Terrorism Risk Insurance to provide information. 2002 (Pub. L. 107–297) (as extended by Act of 2002 gives Treasury authority to Dated: July 11, 2012. the Terrorism Risk Insurance Extension recoup federal payments made under Act of 2005 (Pub. L. 109–144) and the the Program through policyholder Jeffrey S. Bragg, Terrorism Risk Insurance Program surcharges, up to a maximum annual Director, Terrorism Risk Insurance Program. limit. The Secretary is required to [FR Doc. 2012–17453 Filed 7–17–12; 8:45 am] Reauthorization Act of 2007 (Pub. L. 110–160) authorize the Department of provide for insurers to collect these BILLING CODE P amounts and remit them to Treasury. In the Treasury to administer and order to determine how and when to implement the Terrorism Risk Insurance initiate the recoupment process DEPARTMENT OF THE TREASURY Program established by the Act. Section Treasury will require information about 103 of the Terrorism Risk Insurance Act industry aggregate total insured losses, Departmental Offices; Proposed of 2002 (the Act), as amended by the insurer deductibles and reserves and Collection; Comment Request Reauthorization Act, sets a limit on the may need to issue a ‘‘data call’’ to annual liability for insured losses at supplement existing industry reporting. ACTION: Notice and request for $100 billion. This section requires the If recoupment is initiated, insurers will comments. Secretary of the Treasury to notify be required to report and remit the Congress not later than 15 days after the SUMMARY: Federal Terrorism Policy Surcharge. The Department of the date of an act of terrorism as to whether Treasury will require access to all Treasury, as part of its continuing effort aggregate insured losses are estimated to books, documents, papers and records to reduce paperwork burdens, invites exceed the cap. The Act, as amended, of an insurer that are pertinent to the the general public and other Federal also requires the Secretary to determine Surcharge for the purpose of agencies to comment on a currently the pro rata share of insured losses investigation, confirmation, audit and approved information collection that is under the Program when insured losses examination. The record keeping and due for extension approval by the Office exceed the cap, and to issue regulations reporting requirements will arise only of Management and Budget. The for carrying this out. In order to meet after Treasury has initiated the Terrorism Risk Insurance Program these requirements, Treasury may need recoupment process. This clearance Office within the Department of the to obtain loss information from involved action is for the data call, insurer Treasury is soliciting comments insurers. This would be accomplished reporting and record keeping concerning the Record Keeping by the issuance of a ‘‘data call’’ to requirements set forth in 31 CFR part Requirements set forth in 31 CFR part ascertain insurer losses. In the event of 50, subpart H (Sec. 50.71 (d)). 50, subpart J (Sec. 50.94). the imposition on insurers of a ‘‘pro rata Type of Review: Extension of a DATES: Written comments must be loss percentage’’, it will be necessary to currently approved data collection. received on or before September 17, determine compliance when processing Affected Public: Business/Financial 2012. insurer claims for payment of the Institutions. Federal share of compensation. This Estimated Number of Respondents: ADDRESSES: Submit comments by email would be accomplished by nominal 24,200. to [email protected] or by revision to the currently approved Estimated Average Time per mail (if hard copy, preferably an original Treasury form TRIP 02C, ‘‘Bordereau’’ Respondent: 5 hours. and two copies) to: Terrorism Risk or ‘‘Schedule C’’. In 31 CFR part 50, Estimated Total Annual Burden Insurance Program, Public Comment subpart J (sec. 50.94). Hours: 121,000 hours. Record, Suite 2100, Department of the Type of Review: Extension of a Request for Comments: An agency Treasury, 1425 New York Ave. NW., currently approved data collection. may not conduct or sponsor, and a Washington, DC 20220. Because paper Affected Public: Business/Financial person is not required to respond to, a mail in the Washington DC area may be Institutions. collection of information unless the subject to delay, it is recommended that Estimated Number of Respondents: collection of information displays a comments be submitted electronically. 200. valid OMB control number. Comments All comments should be captioned with Estimated Annual Time per submitted in response to this notice will ‘‘PRA Comments—Program Cap on Respondent: 5 hours. be summarized and/or included in the Annual Liability’’. Please include your Estimated Total Annual Burden request for OMB approval. All name, affiliation, address, email address Hours: 1,000 hours. comments will become a matter of and telephone number in your Request for Comments: An agency public record. Comments are invited on: comment. Comments will be available may not conduct or sponsor, and a (a) Whether the collection of for public inspection by appointment person is not required to respond to, a information is necessary for the proper only at the Reading Room of the collection of information unless the performance of the functions of the Treasury Library. To makes collection of information displays a

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valid OMB control number. Comments DEPARTMENT OF VETERANS Health and Care; HSR 3—Methods and submitted in response to this notice will AFFAIRS Modeling for Research, Informatics, and be summarized and/or included in the Surveillance; HSR 4—Mental and request for OMB approval. All Health Services Research and Behavioral Health; HSR 5—Health Care comments will become a matter of Development Service Scientific Merit System Organization and Delivery, and public record. Comments are invited on: Review Board, Notice of Meeting HSR 6—Post-acute and Long-term Care) (a) Whether the collection of The Department of Veterans Affairs will convene from 8 a.m. to 6 p.m. On information is necessary for the proper (VA) gives notice under Public Law 92– August 30, four subcommittees on performance of the functions of the 463 (Federal Advisory Committee Act) Collaborative Research (HCR) to agency, including whether the that various subcommittees of the Enhance and Advance Transformation information shall have practical utility; Health Services Research and and Excellence (HCR 2—Prevention; (b) the accuracy of the agency’s estimate Development Service Scientific Merit HCR 3—Analytics; HCR 4—Models of of the burden of the collection of Review Board will meet on August 28– information; (c) ways to enhance the Care; and HCR 5—Traumatic Brain 30, 2012, at the Boston Omni Parker Injury) will convene from 8 a.m. to 12 quality, utility, and clarity of the House, 60 School Street, Boston, information collections; (d) ways to noon, and four subcommittees (HCR 6— Massachusetts. Each subcommittee Patient Aligned Care Teams; HCR 7— minimize the burden of the collection of meeting of the Board will be open to the information on respondents, including Natural Language Processing; HCR 8— public the first day for approximately Access; and HCR 9—Transitions) will through the use of automated collection one half-hour from 8 a.m. until 8:30 a.m. convene from 1 p.m. to 4 p.m. techniques or other forms of information to cover administrative matters and to technology; and (e) estimates of capital discuss the general status of the During the closed portion of each or start-up costs and costs of operation, program. The remaining portion of the meeting, discussion and maintenance, and purchase of services meetings will be closed. The closed recommendations will include to provide information. portion of each meeting will involve qualifications of the personnel Dated: July 11, 2012. discussion, examination, reference to, conducting the studies (the disclosure of Jeffrey S. Bragg, and oral review of the intramural which would constitute a clearly Director, Terrorism Risk Insurance Program. research proposals and critiques. unwarranted invasion of personal [FR Doc. 2012–17455 Filed 7–17–12; 8:45 am] The purpose of the Board is to review privacy), as well as research information BILLING CODE P research and development applications (the premature disclosure of which involving the measurement and would likely compromise significantly evaluation of health care services, the the implementation of proposed agency DEPARTMENT OF THE TREASURY testing of new methods of health care action regarding such research projects). delivery and management, and nursing As provided by subsection 10(d) of United States Mint research. Applications are reviewed for Public Law 92–463, as amended by scientific and technical merit. Public Law 94–409, closing portions of Price for the Making American History Recommendations regarding funding are each meeting is in accordance with Coin and Currency Set submitted to the Chief Research and 5 U.S.C. 552b(c)(6) and (9)(B). AGENCY: United States Mint, Department Development Officer. of the Treasury. On August 28, the following Those who plan to attend the open subcommittees will convene: Nursing sessions should contact Kristy Benton- ACTION: Notice. Research Initiatives from 8 a.m. to Grover, Program Manager, Scientific SUMMARY: The United States Mint is 3 p.m.; Health Services Research Merit Review Board, Department of announcing a price of $72.95 for the (HSR)—8 Research Best Practices from 3 Veterans Affairs, Health Services Making American History Coin and p.m. to 4:30 p.m.; Collaborative Research and Development Service Currency Set. Research (HCR) to Enhance and (10P9H), 810 Vermont Avenue NW., FOR FURTHER INFORMATION CONTACT: B.B. Advance Transformation and Washington, DC 20420, or by email at Craig, Associate Director for Sales and Excellence, HCR 0—Quality from 8 a.m. [email protected], at least Marketing; United States Mint; 801 9th to 12 noon; and HCR 1—Infectious 5 days before the meeting. For further Street NW., Washington, DC 20220; or Disease from 1 p.m. to 4 p.m. The Career information, please call Mrs. Benton- call 202–354–7500. Development Award Review Group will Grover at (202) 443–5728. convene from 8 a.m. to 5:30 p.m. On Authority: 12 U.S.C. § 418; 31 U.S.C. By Direction of the Secretary. §§ 5111, 5112 & 9701. August 29, the Career Development Award Review Group will reconvene Dated: July 12, 2012. Dated: July 12, 2012. from 8 a.m. to 3 p.m.; and six Vivian Drake, Richard A. Peterson, subcommittees on Health Services Committee Management Officer. Deputy Director, United States Mint. Research (HSR 1—Medical Care and [FR Doc. 2012–17376 Filed 7–17–12; 8:45 am] [FR Doc. 2012–17470 Filed 7–17–12; 8:45 am] Clinical Management; HSR 2—Patient BILLING CODE P BILLING CODE P and Special Population Determinants of

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Part II

Environmental Protection Agency

40 CFR Parts 60 and 63 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Proposed Rule

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ENVIRONMENTAL PROTECTION • Agency Web site: http:// submit an electronic comment, the EPA AGENCY www.epa.gov/oar/docket.html. Follow recommends that you include your the instructions for submitting name and other contact information in 40 CFR Parts 60 and 63 comments on the EPA Air and Radiation the body of your comment and with any [EPA–HQ–OAR–2011–0817; FRL–9692–9] Docket Web site. disk or CD–ROM you submit. If the EPA • Email: [email protected]. cannot read your comment due to RIN 2060–AQ93 Include EPA–HQ–OAR–2011–0817 in technical difficulties and cannot contact the subject line of the message. you for clarification, the EPA may not National Emission Standards for • Fax: Fax your comments to: (202) be able to consider your comment. Hazardous Air Pollutants for the 566–9744, Attention Docket ID Number Electronic files should avoid the use of Portland Cement Manufacturing EPA–HQ–OAR–2011–0817. special characters, any form of Industry and Standards of • Mail: Send your comments to: The encryption and be free of any defects or Performance for Portland Cement EPA Docket Center (EPA/DC), viruses. For additional information Plants Environmental Protection Agency, about the EPA public docket, visit the Mailcode: 2822T, 1200 Pennsylvania AGENCY: Environmental Protection EPA Docket Center homepage at http:// Ave. NW., Washington, DC 20460, Agency (EPA). www.epa.gov/epahome/dockets.htm. Attention: Docket ID Number EPA–HQ– Docket. The EPA has established a ACTION: Proposed rules on OAR–2011–0817. Please include a total docket for this rulemaking under Docket reconsideration. of two copies. In addition, please mail ID Number EPA–HQ–OAR–2011–0817. a copy of your comments on the SUMMARY: The EPA is proposing All documents in the docket are listed information collection provisions to the amendments to the National Emission in the http://www.regulations.gov index. Office of Information and Regulatory Standards for Hazardous Air Pollutants Although listed in the index, some Affairs, Office of Management and for the Portland cement industry for information is not publicly available Budget (OMB), Attn: Desk Officer for the Portland cement plants issued under (e.g., CBI or other information whose EPA, 725 17th Street NW., Washington, sections 112(d) of the Clean Air Act. disclosure is restricted by statute). Specifically, the EPA is proposing to DC 20503. • Hand Delivery or Courier: In person Certain other material, such as amend the existing and new source or by courier, deliver comments to the copyrighted material, will be publicly standards for particulate matter (PM). EPA Docket Center, EPA West (Air available only in hard copy. Publicly The EPA is also proposing amendments Docket), Room 3334, 1301 Constitution available docket materials are available with respect to issues on which it Ave. NW., Washington, DC 20460, either electronically in http:// granted reconsideration on May 17, Attention Docket ID Number EPA–HQ– www.regulations.gov or in hard copy at 2011. In addition, the EPA is proposing OAR–2011–0817. Such deliveries are the EPA Docket Center, EPA West, amendments to the new source only accepted during the Docket’s Room 3334, 1301 Constitution Ave. performance standard for PM issued normal hours of operation (8:30 a.m. to NW., Washington, DC. The Public pursuant to section 111(b) of the Clean 4:30 p.m., Monday through Friday, Reading Room is open from 8:30 a.m. to Air Act. These proposed amendments excluding legal holidays), and special 4:30 p.m., Monday through Friday, would promote flexibility, reduce costs, arrangements should be made for excluding legal holidays. The telephone and ease compliance burdens. EPA is deliveries of boxed information. Please number for the Public Reading Room is also addressing the remand of the include two copies. (202) 566–1744, and the telephone emission standards in the NESHAP by Instructions: Direct your comments to number for the EPA Docket Center is the D.C. Circuit on December 9, 2011. Docket ID Number EPA–HQ–OAR– (202) 566–1742. Note that information Finally, the EPA is proposing to extend 2011–0817. The EPA policy is that all pertinent to the previous Portland the date for compliance with the comments received will be included in cement rulemakings discussed in this existing source national emission the public docket without change and document is contained in dockets EPA– standards for hazardous air pollutants to may be made available online at http:// HQ–OAR–2002–0051 and EPA–HQ– September 9, 2015. www.regulations.gov, including any OAR–2007–0877. DATES: Comments must be received on personal information provided unless Public Hearing. If a public hearing is or before August 17, 2012. Any requests the comment includes information held, it will begin at 10:00 a.m. on for a public hearing must be received by claimed to be confidential business August 2, 2012 and will be held at the July 30, 2012. If the EPA holds a public information (CBI) or other information EPA campus in Research Triangle Park, hearing, the EPA will keep the record of whose disclosure is restricted by statute. North Carolina, or at an alternate facility the hearing open for thirty days after Do not submit information that you nearby. Persons interested in presenting completion of the hearing to provide an consider to be CBI or otherwise oral testimony or inquiring as to opportunity for submission of rebuttal protected through http:// whether a public hearing is to be held and supplementary information. Under www.regulations.gov or email. The should contact Ms. Pamela Garrett, the Paperwork Reduction Act, http://www.regulations.gov Web site is Office of Air Quality Planning and comments on the information collection an ‘‘anonymous access’’ system, which Standards, Sector Policies and Programs provisions are best assured of having means the EPA will not know your Division, Metals and Minerals Group full effect if the Office of Management identity or contact information unless (D243–01), U.S. Environmental and Budget receives a copy of your you provide it in the body of your Protection Agency, Research Triangle comments on or before August 17, 2012. comment. If you send an email Park, North Carolina 27711; email: ADDRESSES: Submit your comments, comment directly to the EPA without [email protected]; telephone identified by Docket ID Number EPA– going through http:// number: (919) 541–7966. Persons HQ–OAR–2011–0817, by one of the www.regulations.gov, your email interested in presenting oral testimony following methods: address will be automatically captured or inquiring as to whether a public • Federal Rulemaking Portal: http:// and included as part of the comment hearing is to be held should contact Ms. www.regulations.gov. Follow the online that is placed in the public docket and Garrett at least 2 days in advance of the instructions for submitting comments. made available on the Internet. If you potential date of the public hearing.

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FOR FURTHER INFORMATION CONTACT: Ms. A. Executive Order 12866: Regulatory emission reductions achievable which, Sharon Nizich, Office of Air Quality Planning and Review and Executive taking into consideration the cost of Planning and Standards; Sector Policies Order 13563: Improving Regulation and achieving such emission reductions, and Programs Division, Minerals and Regulatory Review and any non-air quality health and B. Paperwork Reduction Act environmental impact and energy Manufacturing Group (D243–04); C. Regulatory Flexibility Act Environmental Protection Agency; D. Unfunded Mandates Reform Act requirements, the Administrator Research Triangle Park, NC 27111; E. Executive Order 13132: Federalism determines has been adequately telephone number: (919) 541–2825; fax F. Executive Order 13175: Consultation demonstrated. number: (919) 541–5450; email address: and Coordination With Indian Tribal This proposal addresses the remand [email protected]. Governments by the D.C. Circuit in Portland Cement SUPPLEMENTARY INFORMATION: The G. Executive Order 13045: Protection of Ass’n v. EPA, 665 F. 3d 177 (D.C. Cir. information presented in this preamble Children From Environmental Health 2011). In that case, the court upheld all Risks and Safety Risks is organized as follows: of the EPA’s methodology for H. Executive Order 13211: Actions establishing the Portland cement I. General Information Concerning Regulations That NESHAP, denied all petitions for review A. Executive Summary Significantly Affect Energy Supply, B. Does this action apply to me? Distribution, or Use challenging the NSPS, but also held that C. What should I consider as I prepare my I. National Technology Transfer and the EPA had arbitrarily denied comments to the EPA? Advancement Act reconsideration of the NESHAP to take D. Where can I get a copy of this J. Executive Order 12898: Federal Actions into account the effect of the EPA’s document? To Address Environmental Justice in Nonhazardous Secondary Materials II. Background Information Minority Populations and Low-Income (NHSM) rule on the standards. The A. What is the statutory authority for these Populations NHSM rule, issued after the NESHAP proposed amendments? was promulgated, had the effect of B. What actions preceded this proposed I. General Information reclassifying some cement kilns as rule? III. Description of Proposed Amendments to A. Executive Summary commercial and industrial solid waste incinerators (CISWI) and thus could Subpart LLL and Subpart F The EPA is proposing amendments to A. Reconsideration of Standards have an effect on the standards. B. Mercury Standard the emissions standards for hazardous The proposal also addresses technical C. THC Standard air pollutants (HAP) and to the issues with respect to the standard for D. Proposed Amendments to Existing performance standards for Portland PM in both the NESHAP and the NSPS Source and New Source Standards for cement plants. These proposed that have emerged since these rules’ PM Under Section 112(d) and 111(b) amendments respond to petitions for promulgation. We are proposing to E. Summary of Proposed Standards reconsideration filed by the Portland amend the standard for PM, and also Resulting From Reconsideration cement industry and to a decision by proposing to amend various F. Standards for Fugitive Emissions From the United States Court of Appeals for implementation requirements in a way Clinker Storage Piles the District of Columbia Circuit (D.C. G. Affirmative Defense to Civil Penalties that would provide more compliance for Exceedances Occurring During Circuit). These amendments, which are flexibilities. In addition, the proposal Malfunctions consistent with the CAA, if adopted, addresses the issues on which the EPA H. Continuously Monitored Parameters for will also provide less costly compliance previously granted reconsideration. Alternative Organic HAP Standard (With options and compliance flexibilities, b. Legal Authority for the Regulatory THC Monitoring Parameter) and thereby result in cost savings for the Action. These proposed amendments I. Allowing Sources With Dry Caustic Portland cement industry. This result implement sections 112(d) and 111(b) of Scrubbers to Comply With HCl Standard would also be consistent with Executive the CAA. Using Performance Tests Order 13563. The proposed J. Alternative PM Limit (2) Summary of Major Proposed amendments include a new compliance K. Standards During Startup and Provisions Shutdown date for the PM, mercury, HCl, and THC L. Coal Mills existing source standards. a. PM (PM) Emission Standards. The EPA is proposing changes to the M. PM Standard for Modified Sources (1) Purpose of the Regulatory Action Under the NSPS emission standards for PM that N. Proposed NESHAP Compliance Date a. Need for the Regulatory Action. The potentially make available compliance Extension for Existing Sources EPA is proposing amendments to the alternatives unavailable under the O. Eligibility to be a New Source national emission standards for promulgated existing source standards. IV. Other Proposed Testing and Monitoring hazardous air pollutants (NESHAP) for The promulgated rule requires Revisions the Portland cement source category and compliance to be demonstrated using a V. Other Changes and Areas Where We Are to the new source performance Continuous Emission Monitoring Requesting Comment VI. Summary of Cost, Environmental, Energy standards (NSPS) for Portland cement System (CEMS) (see section 63.1348 (75 and Economic Impacts of Proposed plants issued under sections 112(d) and FR 55056)). Based on the information Amendments 111(b) of the Clean Air Act (CAA). the EPA now has, we believe that it may A. What are the affected sources? Section 112 of the CAA establishes a be problematic for a PM CEMS to meet B. How are the impacts for this proposal regulatory process to address emissions the mandated Performance Specification evaluated? of HAP from stationary sources. After 11 (PS 11) correlation requirements C. What are the air quality impacts? the EPA identifies categories of sources complying with the promulgated PM D. What are the water quality impacts? emitting one or more of the HAP listed standards. (See section III.D.) As a E. What are the solid waste impacts? in section 112(b) of the CAA, section consequence, the EPA is proposing to F. What are the secondary impacts? G. What are the energy impacts? 112(d) requires the EPA to promulgate amend the existing and new source PM H. What are the cost impacts? technology-based NESHAP for those standards in the NESHAP to require I. What are the health effects of these sources. Section 111 of the CAA manual stack testing in lieu of PM pollutants? requires that NSPS reflect the CEMS for compliance determinations. VII. Statutory and Executive Order Reviews application of the best system of An additional consequence of this

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proposed change of compliance source standards for PM, mercury, d. Standards during Startup and measurement methods is that the EPA is hydrochloric acid and total Shutdown. In the final 2010 NESHAP, proposing to change the averaging time hydrocarbons (THC). The EPA then the EPA established specific numerical and numeric emissions value of those recalculated existing source floors for standards for startup and shutdown for standards. The EPA is proposing each of these pollutants, and each pollutant to be measured using a amended PM standards under the determined what standards to propose CEMS over an accumulative 7-day NESHAP for existing sources of 0.07 in light of that analysis. This analysis rolling average. Because raw materials pounds per ton (lb/ton) clinker based on informed the level of the proposed (the source of most cement kiln air manual stack testing, (from 0.04 lb/ton standards for PM just discussed. The emissions) are not introduced into in the 2010 rule, 30-day average with a resulting standards are discussed cement kilns during startup and PM CEMS) and 0.02 lb/ton clinker for immediately below. shutdown, cement kilns’ emissions new sources based on stack testing c. Other Emissions Standards. The during these periods should be (from 0.01 lb/ton in the 2010 rule, 30- EPA is not proposing any changes to the appreciably lower than the level of the day average with a PM CEMS). The EPA existing source standards for mercury, standards. The EPA is, therefore, is proposing amended PM standards total THC or hydrogen chloride (HCl). proposing that sources monitor under the NSPS for modified sources of The reasons are set out in sections III A, compliance with these standards via 0.07 lb/ton clinker based on manual B and C below. recordkeeping. With respect to new source standards, stack testing, (from 0.01 lb/ton in the e. Proposed Compliance Dates. The under section 112(d)(3) of the CAA, new 2010 rule, 30-day average with a PM EPA is proposing that the compliance source floors can be based on the CEMS) and 0.02 lb/ton clinker for new date for all existing source standards performance of the ‘‘best controlled and reconstructed sources based on including standards for PM, mercury, similar source.’’ A CISWI cement kiln is stack testing (from 0.01 lb/ton in the HCl and THC, clinker piles and the a similar source for purposes of this 2010 rule, 30-day average with a PM standards for startup and shutdown be provision. The EPA, therefore, is not CEMS). The EPA is further proposing proposing to amend any of the new extended to September 9, 2015. The that a site-specific parametric operating source floors or standards for mercury, EPA believes that the proposed change limit be established, that there be THC or HCl where the best performing to the PM standard makes possible continuous monitoring of that source in the database used to set the compliance alternatives unavailable parametric limit using a PM CPMS, that standards was a CISWI cement kiln. under the promulgated existing source an exceedance of that site-specific The EPA is also proposing to amend standards) and that an extension until operating limit be reported as a the alternative standard for organic September 9, 2015, is the period in deviation, triggering corrective action HAP, whereby organic HAP are which these new compliance strategies including conducting a Method 5 measured directly. To avoid a situation can be implemented most expeditiously. performance test within 45 days. where the alternative organic standard f. The EPA is also taking action on the Further, multiple deviations from the level is lower than the practical remaining issues on which it granted parametric limit can constitute a quantitation limit of the relevant reconsideration on May 17, 2011. violation of the emissions standard. analytic methods, the EPA is proposing (3) Costs and Benefits b. Response to Remand. Consistent to increase the alternative organic HAP with the court’s remand, the EPA has standard from 9 parts per million (ppm) The following table 1 summarizes the removed all the CISWI kilns from the to 12 ppm. See additional discussion in costs and emissions reductions of this database used to set the 2010 existing section III.H below. proposed action.

TABLE 1—COSTS AND EMISSIONS REDUCTIONS OF PROPOSED AMENDMENTS RELATIVE TO THE 2010 RULE abcde

Emissions Proposed amendment Capital cost Annualized cost reduction

Revised PM standard ...... ¥$18,640,106 ¥$4,200,000 ¥135 tons/yr (emissions increase). Replace PM CEMS with PM CPMS ...... 0 ¥7,980,000 0

Total ...... ¥18,640,106 ¥12,180,000 a See section III below for further discussion of impacts of the proposed amendments. b Negative numbers indicate cost savings or emissions increase. All costs are in 2005 dollars. c We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. d Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015. e Full compliance costs will not occur until September 9, 2015.

The cost information in Table 1 is in not have sufficient information to 4. Summary of Proposed Standards 2005 dollars at a discount rate of 7 quantify the overall change in benefits percent. The net change in annualized or costs for 2013 to 2015 that might arise The following Table 2 shows the costs in 2015 is a $12.2 million savings due to the proposed change in proposed standards. compared to the 2010 rule. The EPA did compliance dates.

TABLE 2—PROPOSED EXISTING AND NEW SOURCE STANDARDS

Pollutant Existing source standard New source standard

Mercury ...... 55 lb/MM tons clinker ...... 21 lb/MM tons clinker. THC ...... 24 ppmvd ...... 24 ppmvd.

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TABLE 2—PROPOSED EXISTING AND NEW SOURCE STANDARDS—Continued

Pollutant Existing source standard New source standard

PM ...... 0.07 lb/ton clinker (3-run test average) ...... 0.02 lb/ton clinker (3-run test average). HCl ...... 3 ppmvd ...... 3 ppmvd. Organic HAP (alternative to Total Hydrocarbon) 12 ppmvd ...... 12 ppmvd.

B. Does this action apply to me? Categories and entities potentially regulated by this final rule include:

Category NAICS Examples of regulated entities Code 1

Industry ...... 327310 Portland cement manufacturing plants. Federal government ...... Not affected. State/local/tribal government ...... Portland cement manufacturing plants. 1 North American Industry Classification System.

This table is not intended to be OAQPS Document Control Officer achievable control technology (MACT) exhaustive, but rather provides a guide (C404–02), Office of Air Quality standards. for readers regarding entities likely to be Planning and Standards, U.S. The statute specifies certain minimum regulated by this action. To determine Environmental Protection Agency, stringency requirements for MACT whether your facility will be regulated Research Triangle Park, North Carolina standards, which are referred to as by this action, you should examine the 27711, Attention Docket ID Number ‘‘floor’’ requirements. See CAA section applicability criteria in 40 CFR 60.60 EPA–HQ–OAR–2011–0817. 112(d)(3). Specifically, for new sources, (subpart F) or in 40 CFR 63.1340 the MACT floor cannot be less stringent D. Where can I get a copy of this (subpart LLL). If you have any questions than the emission control that is document? regarding the applicability of this final achieved in practice by the best action to a particular entity, contact the In addition to being available in the controlled similar source. The MACT person listed in the preceding FOR docket, an electronic copy of this standards for existing sources can be FURTHER INFORMATION CONTACT section. proposal will also be available on the less stringent than standards for new World Wide Web (WWW) through the sources, but they cannot be less C. What should I consider as I prepare EPA’s Technology Transfer Network stringent than the average emission my comments to the EPA? (TTN). Following signature by the EPA limitation achieved by the best- Submitting CBI Administrator, a copy of this proposed performing 12 percent of existing action will be posted on the TTN’s sources (for which the Administrator Do not submit information containing policy and guidance page for newly has emissions information) in the CBI to the EPA through http:// proposed or promulgated rules at the category or subcategory (or the best- www.regulations.gov or email. Clearly following address: http://www.epa.gov/ performing five sources for categories or mark the part or all of the information ttn/oarpg. The TTN provides subcategories with fewer than 30 that you claim to be CBI. For CBI information and technology exchange in sources. information on a disk or CD–ROM that various areas of air pollution control. In developing MACT, we must also you mail to the EPA, mark the outside consider control options that are more of the disk or CD–ROM as CBI and then II. Background Information stringent than the floor. We may identify electronically within the disk or A. What is the statutory authority for establish standards more stringent than CD–ROM the specific information that these proposed amendments? the floor based on the consideration of is claimed as CBI. In addition to one the cost of achieving the emissions complete version of the comment that Section 112 of the CAA establishes a reductions, any non-air quality health includes information claimed as CBI, a regulatory process to address emissions and environmental impacts, and energy copy of the comment that does not of HAP from stationary sources. After requirements. See CAA section contain the information claimed as CBI the EPA has identified categories of 112(d)(2).1 must be submitted for inclusion in the sources emitting one or more of the HAP Section 111(b) requires the EPA to set public docket. If you submit a CD–ROM listed in section 112(b) of the CAA, standards for emissions that ‘‘reflect the or disk that does not contain CBI, mark section 112(d) requires us to promulgate the outside of the disk or CD–ROM NESHAP for those sources. For ‘‘major 1 Section 112(d)(7) states that ‘‘[n]o other clearly that it does not contain CBI. sources’’ that emit or have the potential emission standard * * * under this section shall be interpreted, construed or applied to diminish or Information not marked as CBI will be to emit 10 tons per year (tpy) or more replace the requirements of a more stringent included in the public docket and the of a single HAP or 25 tpy or more of a emission limitation or other applicable requirement EPA’s electronic public docket without combination of HAP, these technology- established pursuant to section 7411 of this title, part C or D of this subchapter, or other authority prior notice. Information marked as CBI based standards must reflect the of this chapter or a standard issued under State will not be disclosed except in maximum reductions of HAP achievable authority.’’ This provision indicates that a section accordance with procedures set forth in (after considering cost, energy 112(d) standard does not ‘‘trump’’ any standard 40 CFR part 2. Send or deliver requirements and non-air quality health established under other authority which is more stringent. Section 112(d)(7) does not bar the EPA information identified as CBI only to the and environmental impacts) and are from amending section 112(d) standards to correct following address: Roberto Morales, commonly referred to as maximum technical deficiencies.

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degree of emission limitation achievable III. Description of Proposed the reconsidered final NHSM rule when through the application of the best Amendments to Subpart LLL and it takes final action here.2 system of emission reduction.’’ See CAA Subpart F 1. Existing Source Floors. We removed the 24 CISWI kilns from the section 111(a)(1). In contrast to the A. Reconsideration of Standards NESHAP floor setting process, NSPS database used to establish existing requires the EPA to take into account As just noted, in Portland Cement source standards and recalculated floors the ‘‘cost of achieving’’ emissions Association v. EPA, the D.C. Circuit for existing sources. Under this analysis, upheld all of the EPA’s methodology for reductions, as well as health, the existing source floor for mercury establishing the Portland cement increased from 55 lb/million (MM) tons environmental, and energy NESHAP, but remanded the standards considerations. Id. clinker to 58 lb/MM tons clinker, the so that the EPA could account for the existing source floor for PM increased B. What actions preceded this proposed effects of the EPA’s NHSM rule. This from 0.04 lb/ton clinker to 0.05 lb/ton rule? rule, adopted after promulgation of the clinker, the existing source floor for Portland cement NESHAP, had the THC decreased to 15 parts per million The history of this proposed rule, effect of reclassifying certain cement by volume, dry (ppmvd), and the commencing with the 1999 standards kilns as commercial and industrial existing source floor for HCl stayed the and proceeding through the incinerators because they combust same at 3 ppmvd. amendments issued in September 2009, ‘‘solid waste’’ as defined by that rule. As explained in section B below, the is set out in detail in 75 FR 54970 (Sept See 665 F. 3d at 185–189. EPA is proposing to establish a beyond 9, 2010). Various parties filed petitions Applying that definition, the EPA has the floor standard for mercury of 55 lb/ for reconsideration of aspects of those determined that there are 24 cement MM tons clinker. Moreover, for reasons amendments. On May 17, 2011, the EPA kilns which combust solid waste. See 76 independent of this analysis, the EPA is FR 28322 and Memorandum granted reconsideration of various proposing to amend the existing and ‘‘Combustion in a Cement Kiln and issues, and denied the petitions to new source NESHAP for PM. See Cement Kilns’ Use of Tires as Fuel’’ section D below. The EPA is not reconsider as to the remaining issues. (April 25, 2011) (‘‘April 25 See 76 FR 28318 (May 17, 2011). On proposing to amend the HCl standard or memorandum’’); see also 76 FR 80452 the THC standard. December 9, 2011, the D.C. Circuit (Dec. 23, 2011) where the EPA issued an opinion upholding the 2. New Source Standards. With identified 23 of the 24 kilns as respect to new source standards, the NESHAP itself (as well as the section commercial incinerators as were EPA does not believe that any 111 NSPS), but found that the EPA had identified in the April 25 memorandum. reclassification and reanalysis is arbitrarily failed to grant The 24th kiln was identified as a CISWI necessary under the court’s opinion. reconsideration to consider the effect of kiln after development of the April 25, New source floors can be based on the the EPA’s NHSM rule on the standards 2011, memorandum, but the addition of performance of ‘‘the best controlled (76 FR 15456 (March 21, 2011)), which this kiln did not affect the calculations similar source’’, as opposed to existing rule had the effect of reclassifying some contained in the May 17, 2011 notice source floors which must reflect cement kilns as commercial and solid (CISWI Data Revisions since performance of sources ‘‘in the category waste incinerators. See Portland Cement Reconsideration Proposal, docket EPA– or subcategory’’. See CAA section Ass’n v. EPA, 665 F. 3d 177, 186–189 HQ–OAR–2003–0119). Although the 112(d)(3) and (d)(3)(A). A CISWI cement (D.C. Cir. 2011). That court did not stay EPA has proposed to reconsider certain kiln is similar to a non-CISWI cement the standards for PM, mercury, HCl or narrow aspects of the NHSM rule, see 76 kiln since the device is a cement kiln. THC, but did stay the standard for FR 80598 (Dec. 23, 2011), this count Equally important, burning secondary clinker piles pending the conclusion of remains unchanged by any of the issues materials for energy recovery does not being considered in the reconsideration the reconsideration process. See 665 F. significantly alter a cement kiln’s HAP of the NHSM rule. This is because either 3d at 194. emission profile. See 76 FR 28320 (May the types of secondary materials being 17, 2011) (documenting both the basis In this action, the EPA is responding addressed in that reconsideration are for this conclusion and the cement to the court’s remand. For existing not combusted by cement kilns or the industry’s agreement with it).34 sources, the EPA is doing so by EPA has already accounted for those removing all kilns classified as materials in its April 25 memorandum 2 The EPA has also conducted a bounding commercial and industrial solid waste analysis. See 76 FR 28319 (May 17, analysis of potential floors by removing from the incinerators from the data used to 2011). Specifically, in the NHSM data base all cement kilns that burn any type of establish the 2010 NESHAP standards. reconsideration proposal, the EPA secondary material for energy recovery (so that proposed to clarify that clean cellulosic there is no possibility that any CISWI kiln is in the The EPA is then recalculating each of bounding analysis database). Under this analysis, the floors based on this revised dataset biomass and clean construction and the existing source section 112 floor for HCl was and making beyond-the-floor demolition wood are not solid wastes unchanged, the existing source floor for PM was essentially unchanged, the existing source floor for determinations based on the when burned for energy recovery and that unused, off-specification tires are THC becomes more stringent (as in the April 25, recalculated floors. The EPA believes 2011, analysis), and the existing source mercury not wastes when burned for energy that this approach is fully responsive to floor increases from 55 lb/MM ton clinker to 66 lb/ recovery. The EPA’s analysis underlying the court’s remand. See 665 F. 3d at 188 MM ton clinker. However, even in this case, a its April 25, 2011, memorandum already beyond-the-floor mercury limit of 55 lb/MM tons where the court referred favorably to reflects that these non-hazardous clinker would be cost effective and the EPA would propose the same standards as under this proposal this type of recalculation. For new secondary materials are not wastes sources, the EPA is basing floors on the if this bounding analysis were used in place of the when burned by cement kilns for energy analysis described in the text. The EPA, thus, does performance of the best performing recovery. The EPA expects the not believe that the precise count of CISWI kilns similar source. reconsideration of the NHSM rule to be will affect the outcome of this rulemaking. See Bounding Analysis for Portland Cement MACT completed before taking final action on Floors, May 14, 2012. this proposed rule and the EPA will 3 The EPA is thus not reopening the new source account for any changes resulting from standards (with the exception of the PM standard,

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B. Mercury Standard section 8.2, Portland Cement for the readers’ convenience). Removing 1. New Source Standard. As Reconsideration Technical Support the CISWI Union Bridge kiln as the best explained above, the new source Document. Moreover, this reduction is performing new source would leave the standard is based on the performance of highly cost-effective. A cost Suwannee kiln as the lowest emitter the best performing similar source. effectiveness value of $2,000/lb. based on its daily average THC 2. Existing Source Standard. As noted mercury is considerably less than values emissions. See Portland Cement above, the recalculated existing source the EPA have found to be cost effective Reconsideration Technical Support floor is 58 lb/MM tons clinker for removal of mercury in other air Document (TSD), section 8.4, which is produced. The EPA is proposing a toxics rules. For example, in the available in this rulemaking docket. beyond-the-floor standard of 55 lb/MM National Emission Standards for This kiln has higher average emissions ton clinker produced, the level of the Hazardous Air Pollutants: Mercury than the Union Bridge kiln (that is, its 2010 final standard. As described Emissions from Mercury Cell Chlor- daily average emissions are higher than below, the only difference in cost Alkali Plants, the cost effectiveness was the Union Bridge kiln). This kiln thus between the two levels is the found to be between $13,000 to $31,000 emits more THC than the Union Bridge incremental cost of removing slightly per pound for the individual facilities kiln, so the EPA identified the kiln more mercury, which is estimated at (see Supplemental proposed rule, 76 FR emitting less THC on average—the $2,000/lb of mercury removed. This is 13858 (March 14, 2011)). The EPA also Union Bridge kiln—to be the best because the control equipment needed does not see any adverse energy or non- performer. The Suwannee kiln has less for mercury would not alter, would not air quality health or environmental measured variability than the Union need to be sized differently, and would consequences of a 55 lb/MM tons Bridge kiln, but also has hundreds of need to perform on average nearly clinker beyond-the-floor standard. fewer observations. For this reason, the identically at either a 55 lb/MM tons We are not proposing a beyond the EPA considered the Union Bridge kiln clinker or a 58 lb/MM tons clinker level. floor level below 55 lb/MM tons clinker to be more representative of variability, That is, in planning compliance, kilns for the same reasons given in the 2010 and used its 99th percentile would calibrate to achieve an average final rule—in particular the possibility performance as the measure of performance of 34.1 lb/MM tons clinker that a lower standard could force some performance of the best performing for a standard of 58 lb/MM tons clinker, kilns to find alternative sources of similar source in establishing the new and 31.7 for a standard of 55 lb/MM limestone, at enormous cost and source standard. See 75 FR 54981 tons clinker, which translates to an disruption. See 75 FR 54980 (September (September 9, 2010).5 additional reduction of 2.4 lb/MM tons 9, 2010). 2. Under the calculation described above, the existing source floor would of clinker per year. This equates to an C. THC Standard estimated 180 pounds of nationwide be reduced from 24 ppmvd to 15 The THC data for the 2010 standard mercury emissions per year, ppmvd. Subject to any comments the consist of CEMS data for 15 kilns. After incremental to the recalculated floor. To EPA receives on this proposed action, removing the four CISWI kilns, nine achieve this additional reduction, we the EPA believes that such a floor level kilns remain. Thus, the MACT floor estimated an additional cost of would not be technically appropriate. It kilns consisted of 12 percent of these approximately $355,000 for the omits the variability of the similar nine kilns, or two kilns. The top two industry, the cost of purchasing source with the best average kilns were Suwannee and Holcim. As additional carbon injection materials. performance for THC (the Union Bridge explained above, when CISWI sources This equates to a cost-effectiveness of kiln), and so may not be fully are removed from the database for the $2,000/lb of mercury reduction per year. representative of variability of best 2010 standards, the existing source floor This is the incremental cost of going performing sources. As noted above, for THC becomes more stringent from 24 from the recalculated floor of 58 lb/MM cement kiln HAP emissions are not ppmvd to 15 ppmvd, and the new tons clinker to the proposed 55 lb/MM appreciably affected by burning source standard would drop from 24 tons clinker. Because this is the same secondary materials for energy recovery ppmvd to 11 ppmvd. This change level as the 2010 rule, there are no so the Union Bridge’s variability is results from removing from the database incremental costs or emissions impacts representative of cement kiln variability. a CISWI cement kiln (the Lehigh Union when compared to the 2010 rule. See In addition, as noted above, the number Bridge kiln) with the lowest daily of daily observations for the Union average performance but with more which the EPA is proposing to amend). We will Bridge kiln is among the most robust in take comment on whether CISWI cement kilns can associated variability than the other the database, containing over 3 times be considered a ‘‘similar source’’ under section kilns with the next highest daily average the number of observations as the next 112(d)(3) and whether retention of the 2010 new performance. See also 76 FR 28322 (May best performing cement kiln. Thus, source standards on this basis is consistent with the 17, 2011) n. 11 and 665 F. 3d at 188. D.C. Circuit’s opinion. The EPA will not consider there is a ‘‘demonstrated relationship’’ comments challenging the data and methodology However, notwithstanding this between the variability of the Union for the new source standards since these are calculation, the EPA is not proposing to Bridge kiln and the variability of the unchanged from the 2010 rule and the EPA is not reduce the level of either the new source best performing sources in the existing reexamining any of these issues. or the existing source THC standard. 4 source floor pool. Sierra Club v. EPA, If the EPA were to reconsider the new source 1. New Source Standard. As just standards by removing the 24 CISWI kilns from the 479 F. 3d 875, 882 (D.C. Cir. 2007). The database, then the mercury new source floor explained, the new source standard can EPA consequently believes it is increased from 21 to 24 lb/MM tons clinker, the be based on performance of a ‘‘best technically justified to consider the THC new source floor decreased from 24 to 11 parts controlled similar source’’, so there is per million by volume dry (ppmvd), and the PM and HCl new source floor stayed the same at 0.01 no reason under the statute or the 5 For purposes of comparing the relative lb/ton clinker and 3 ppmvd, respectively (see court’s remand to amend the new source variability of the THC CEMS data for each of the Memorandum, Revised Portland Cement NESHAP THC standard. The standard is also kilns in our THC data set, we used the ratio of the with CISWI kilns removed, March 21, 2011). technically appropriate. See 75 FR 99th percentile for each kiln divided by its daily However, as explained in the text, because CISWI average. A ratio of 1.0 indicates no variability. As cement kilns are ‘‘similar sources’’ for purposes of 54981 (September 9, 2010) (explaining the ratio increases, variability increases. See establishing NESHAP new source standards, the basis for the THC new source standard, Portland Cement Reconsideration TSD, section 8.4, EPA is not relying on this analysis here. which discussion is summarized below which is available in this rulemaking docket.

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Union Bridge kiln’s variability in revisions to the testing and monitoring rule. See section 63.1350(b)(1). PS 11 is estimating the variability of the best methods used to demonstrate structured differently than other PS that performing cement kilns for THC continuous compliance with the apply to validating the performance of emissions. existing and new source PM emissions gaseous pollutant CEMS. This is If the variability of the Union Bridge standards and is proposing changes to primarily because the pollutant, PM, is kiln is included along with the the averaging time, level, and defined entirely by the test method variability of the two best performing compliance demonstration for those specified by regulation to measure it. As cement kilns, and applied to the two standards. The EPA has also removed the industry commenters note, there are best performing cement kilns’ all CISWI kilns from the data base used no independent standard reference performance, the floor would be 24 to establish the standards for PM and materials for PM concentrations as there ppm, which the EPA is proposing as a used this revised data base in are for gaseous pollutants (e.g., NIST floor. See Portland Cement determining the level of the standard, traceable compressed gases for Reconsideration TSD, section 8.4. This consistent with the court’s remand. We validating SO2 or NOX instrumental is the level of the 2010 standard. explain these proposed changes below. measurements). The only reference 3. Beyond the floor standards. The In comments to the 2009 proposal, standard for determining the PM EPA is not proposing a beyond the floor industry commenters maintained that concentration in an air or stack gas THC standard for existing cement kiln there were several problems with sample is the reference test method. In sources. The reasons given in the implementing the monitoring the case of the Portland cement rulemaking remain valid. See 75 54983 requirements to demonstrate NESHAP (and NSPS), the rule specifies (September 9, 2010); 74 FR 21153 (May compliance using a PM CEMS and with the EPA Method 5 for measuring 6, 2009). We especially note that a more the requirements to conduct a periodic filterable PM concentration or mass rate stringent standard for THC would force audit of the PM CEMS in accordance (e.g., in mg/dscm or lb/hr). the increased use of energy-intense with Performance Specification (PS) 11 PS 11 provides procedures and control technologies like regenerative of appendix B and Procedure 2 of acceptance criteria for validating the thermal oxidizers (RTO) which have appendix F to part 60. The EPA performance of several types of PM negative environmental implications, responded to these comments in the CEMS technologies. Although there are notably increased emission of carbon 2010 final rule. See 75 FR 55007 multiple instrument and data reporting (September 9, 2010); NESHAP Response operational performance checks in PS dioxide (CO2) and other greenhouse gases, as well as increased emissions of to Comment Document pp. 163–166. 11 that are similar in concept to those Since that time, the Portland cement for gaseous pollutant CEMS, there is the nitrogen oxide (NOX), carbon monoxide, industry has identified further technical principal PM CEMS performance sulfur dioxide (SO2) and PM10. See 74 FR 21153 (May 6, 2009).6 These devices issues associated with the current PM requirement that is distinctly different. are also extremely costly and not cost- CEMS technology in satisfying PS 11 That requirement is the development of effective. See 74 FR 21153 (May 6, correlation requirements that have a site-specific PM CEMS correlation or 2009). For a description of the costs, emerged as the industry has attempted mathematical response curve. There is a energy requirements and environmental to develop a CEMS-based compliance key procedural element to developing impacts of RTO, see Summary of strategy for PM pursuant to the 2010 that correlation. That is, PS 11 requires Environmental and Cost Impacts for NESHAP. that the source conduct multiple stack 1. PS 11. The EPA has continued to Final Portland Cement NESHAP and test runs using an EPA PM test method review the application of PM CEMS in (e.g., Method 5) and simultaneously NSPS, August 6, 2010, docket no. EPA– relation to the procedures and collect corresponding PM CEMS output HQ–OAR–2002–0051–3438. For all acceptance criteria of PS 11, the data. PS 11, section 8.6, requires at least these reasons, the EPA does not protocol mandated by the promulgated five test runs at each of three different consider a beyond-the-floor standard for operating (i.e., low, mid, and high PM THC to be justified under section basis for the petition was CEMS data for PM from concentration) conditions that range 112(d)(2). Consequently, the EPA is not four of Holcim’s kilns (some of which are either from 25 to 100 percent of allowable proposing a beyond-the-floor standard waste-burning or hazardous waste burning). emissions, if possible, for a total of 15 for THC for existing sources.7 Petition pp. 5–6. This information was collected commencing in January 2011. Since the information or more test runs. Then the source must D. Proposed Amendments to Existing in the petition was gathered outside the time period use the test method data and the Source and New Source Standards for mandated by section 307(d)(7)(B) of the Act—even corresponding PM CEMS output data to assuming it was impractical to raise the objection PM Under Section 112(d) and 111(b) during the public comment period, the grounds develop an equation (i.e., a calculated linear or nonlinear curve) that will be Based largely on developments which arose outside the time period for judicial review which ended in November 2010. Thus, the EPA used to define the relationship between have occurred after the EPA granted believes that it is not compelled to grant this the PM CEMS output and the test reconsideration on certain aspects of the petition. Moreover, as discussed in the text below, method measured PM concentrations. NESHAP 8, the EPA is proposing because the EPA is proposing to no longer use a CEMS-based regime for the PM standard, the Each site-specific correlation must meet Holcim information is no longer of direct relevance 6 several PS 11 acceptance criteria The EPA estimates that each thermal oxidizer in setting the level of the PM standard. A further emits an added increment of 0.02 tons of CO for including limits on confidence interval 2 issue with the data is that they were not obtained ± each ton of clinker produced. A typical kiln using CEMS calibrated according to PS–11, the and tolerance interval equating to 25 producing 1.2 million tons of clinker per year and protocol specified in the rule. Accordingly, the EPA percent of the applicable emissions controlled by an RTO would emit an additional is not basing its proposal of a revised PM standard limit. 24,000 tons of CO2 per year. See RTO Secondary on these data. The EPA is not, however, taking final 2. Discussion of Technical Issues. A Impacts, May 16, 2012, in this rulemaking docket. action on the Holcim petition at this time, but 7 The EPA is also proposing to amend the intends to do so in conjunction with the issuance particular challenge in applying PM alternative standard for organic HAP under which of the final reconsideration rule. CEMS to source emissions monitoring is organic HAP is measured directly. See section I On January 17 2012, LaFarge Cement submitted in measuring the very low PM below. a petition for reconsideration containing no new concentrations associated with a low 8 On November 15, 2011, Holcim (US) Inc., a data or information but arguing that the Holcim applicable emissions limits for PM domestic cement company, submitted a petition for petition justified reconsideration of the standards. reconsideration to the EPA requesting that the EPA The EPA believes that this petition is subsumed by precisely enough to meet the PS 11 reconsider and stay the NESHAP PM standard. The the Holcim petition. correlation requirements. In addition to

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measurement uncertainty inherent in scintillation PM CEMS technology may and other particle characteristics in PM CEMS data, the measurement be adversely affected by these physical Portland cement kiln exhaust because of uncertainty associated with the changes in particles irrespective of the complicating effects of variable reference test method (e.g., Method 5) is changes in mass emissions rates or content feed materials and chemical a significant contributor to successful concentrations. additives. That means that correlations development of a PM CEMS correlation In developing the 2010 final rule, the developed for one set of conditions may regardless of the type of PM CEMS used. EPA assumed that cement kilns would not apply with changes in feed materials As noted above, PS 11 specifies be using light-scatter or scintillation PM or under other operating conditions acceptable criteria for a correlation CEMS.9 The output or response of these (e.g., different chemical additives). directly related to the applicable light based detectors is a function of the The EPA has investigated whether PM emissions limit. The Portland cement index of refraction or photoelectric CEMS that work on principles other NESHAP PM emissions limit for effects and the size distribution of the than light scattering could effectively existing sources of 0.04 lb/ton of clinker particles in the exhaust stream. In measure cement kiln PM and be equates to 5 to 8 mg/dscm, depending addition to being more sensitive than calibrated per PS 11 requirements. on production rate (assuming a typical opacity monitors, light based detectors There is at least one other PM CEMS total gas flow rate per clinker provide several degrees of design technology, beta attenuation PM CEMS, production rate). For a PM CEMS set up freedom not applicable to opacity also referred to as beta gauge technology to measure compliance with a 5 to 8 mg/ monitors. PM CEMS manufacturers that is much less sensitive to changes in dscm equivalent limit, the inherent account for characteristics such as light particle characteristics than are light uncertainty associated with a 1 hour wavelength, scattering angle, and solid based detectors. The beta attenuation Method 5 measurement (±0.6 to 1.2 mg/ angle of detection in designing PM CEMS extracts a sample for the dscm) would constitute more than half instruments with desired response stack gas and collects the PM on a filter of the ±25 percent of the applicable PS features. These types of PM CEMS can tape. The device periodically advances 11 acceptance threshold (i.e., ±1.2 to 2.0 be reliably calibrated per PS 11 where the tape from the sampling mode to an mg/dscm) of the mid-level PS 11 the relative characteristics (e.g., area where the sample is exposed to correlation test (i.e. the correlation for distribution of size, shape, and Beta radiation. The detector measures the middle of the three PS 11 correlation constituents) of the PM in the exhaust the amount of beta radiation emitted by points). remain relatively constant. Such may be the sample and that amount can be Although one can improve the the case, for example, where the PM directly related to the mass of PM on the method detection capabilities of the being measured is predominantly filter. Method 5 or other filterable PM test combustion ash from burning fossil The majority of PM CEMS devices method by increasing sampling volume fuels in a boiler or an electricity used to date by cement kilns are based and run time, uncertainties in generating unit. on light scatter or scintillation measurement would remain. For The dominant sources of PM from a detection. We understand that a few example to achieve a practical cement kiln are not from fuel Portland cement operators have applied quantitation limit of 1 mg/dscm, one combustion but from processing raw beta attenuation devices. Since the EPA would need to conduct a test run of 6 materials. Cement kilns process mostly premised the rule on use of a different hours or longer. The measurement limestone with naturally occurring type of PM CEMS, since there is uncertainty associated with a 6-hour variability in component percentages. minimal operating experience with beta Method 5 test runs at this concentration gauge PM CEMS in this industry, and ± See 74 FR 21142 (May 6, 2009); 75 FR would be 0.01 to 0.2 mg/dscm. At this 54977 (September 9, 2010). Cement kiln because we are not aware that the level, the uncertainty associated with operators also add other chemical experience includes a beta gauge PM the PM test method measurements alone additives in variable concentrations to CEMS calibrated per PS 11, the EPA would be about half of the correlation produce certain product characteristics. believes that some type of research limit allowed in PS 11. The PS 11 See 74 FR 21142. As noted in the EPA’s effort involving testing would be needed correlation calculations would also have technology background documents (e.g., before predicating a PM standard on use to account for any PM CEMS http://www.epa.gov/ttn/emc/cem/ of a beta gauge PM CEMS. Such an effort measurement uncertainty. pmcemsknowfinalrep.pdf and http:// is likely to take several years to Factoring in the inherent PM CEMS www.epa.gov/ttn/emc/cem/r4703-02- implement.11 response variability and the uncertainty 07.pdf), the correlations developed for These issues exacerbate the associated with the representative light-scatter or scintillation PM CEMS uncertainties of calibrating PM CEMS at sampling (e.g., PM and flow devices may be adversely affected when the level of the 2010 p.m. standards stratification), we agree with there are changes in the particle noted above. Using data from longer commenters that trying to satisfy PS 11 structure, size, and other physical Method 5 test runs will improve the at such low concentrations using 1 hour characteristics of the emissions. These probability of a PM CEMS meeting PS Method 5 test runs could be changes in emissions characteristics can 11 correlation requirements but will problematic. The same issue arises for occur with the variability inherent in also raise practicality concerns the new source standard because of the the composition of fuels and raw feed potentially without completely lower limit of the new source standard. resolving the problems. Given the The industry also argued that the materials, with use of mixed multiple combination of the low emissions variable raw feed material and chemical fuels, or with addition of chemical 10 concentrations PM CEMS measurement additives used in cement production additives in various proportions. This is an issue of special import for will lead to changes in particle size, 11 We also note that PS 11 provides for means to refractive index, particle density, and cement kilns. One can expect significant variations in particle size distribution minimize the effects of changing particle sizes, for other physical characteristics of the example by developing multiple correlation curves, particulate in the exhaust stream. This each of which requires 15 Method 5 test runs. The 9 US EPA, CEMS Cost Model, July 2006. EPA did not consider such an approach in is important, according to the 10 Memorandum, from C. Oldham to B. Schell, promulgating the rule and again, further technical comments, because correlations Particulate Matter Continuous Emission Monitoring work is needed to ascertain if such an approach developed for the light scatter and System (PM CEMS) Capabilities, June 13, 2012. would yield reliable results.

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uncertainty factors discussed above, the reviewed and revised the calculation of for the reasons given at 75 FR 54988 variability in composition of cement the PM emissions floor and standard, (September 9, 2010). PM, and need for extraordinarily long and consistent with the court’s remand, As indicated above, the EPA is further test runs to reduce Method 5 removed all CISWI kilns from the proposing to use PM CEMS technology uncertainty to a level that compensates database in doing so. In calculating the for continuous parametric monitoring of sufficiently for the PM CEMS PM MACT floor, the best performing the proposed PM standards. The EPA measurement uncertainty, the EPA kilns used in the analysis changed as a has developed requirements for believes that this correlation will not be result of removing the kilns identified as continuously monitoring operating technically or practically achievable for CISWI kilns. parameters in instances where a significant number of cement kiln In addition, we realized that in the compliance is based on non-continuous sources. original analysis PM emissions data for measurements, as would now be the 3. A monitoring approach alternative a single kiln were inadvertently treated case for PM. This implements section to PM CEMS and PS 11. To address as test results for three different kilns. 114(a)(3) of the CAA which requires technical issues associated with PM After making that correction and after major sources to use enhanced CEMS meeting PS 11 correlation eliminating kilns identified as CISWI, monitoring for compliance requirements at low PM emissions the number of kilns in the data set was certifications. The EPA’s historic concentrations from cement kilns and reduced from 45 kilns to 28 kilns. approach has been to require monitoring the potentially variable PM emissions Therefore, the best performing 12 of a control device operating condition characteristics expected from Portland percent was represented by four kilns. (e.g., electrical power, water flow rate, cement kilns, the EPA is proposing to As a result of removing the CISWI kilns, pH) the limit of which is based on a change the compliance basis for the PM two kilns which were not best periodic compliance test with the emissions limit from PM CEMS and the performers in the 2010 dataset are now compliance test method. The use of a 30-day average emissions calculation. best performers. See TSD section 8.3 continuous parametric monitoring For monitoring continuous compliance, and Appendices E and F. system (CPMS) based on PM CEMS technology (PM CPMS) is a significant the rule would require PM CEMS As in the 2009 proposal, we used equipment but, as explained below, that step closer to direct measurement of individual test run data from our best equipment would be used for emissions in units of the emissions limit performing kilns and calculated the continuous parametric monitoring and an improvement over less direct 99th confidence UPL. Rather than using rather than for direct measure of monitoring of a process control device m = 30 in the equation as we did in the compliance with the numerical PM conditions. 2010 final rule where compliance was emissions limit. Specifically, this proposal recognizes The EPA is proposing to change the based on a 30 day rolling average, see the value of PM monitoring technology means of demonstrating compliance 75 FR 54988 (September 9, 2010), we sensitive to changes in PM emissions from PM CEMS to Method 5 stack used m = 3 consistent with the proposed concentrations and use of such a tool to testing. In applying Method 5, PM is requirement to determine compliance assure continued good operation of PM withdrawn isokinetically from the using a three run Method 5 test. Under control equipment. This approach source and collected on a glass fiber this analysis, we determined the revised avoids the PM CEMS calibration (i.e., PS filter maintained at a temperature of 120 proposed PM MACT floor to be 0.07 lb/ 11 correlation) issues that can be ± 14 °C (248 ± 25°F). The PM mass, ton clinker produced when based on the exacerbated for Portland cement which includes any material that three run Method 5 test. Beyond-the- installations. PM CEMS technology can condenses at or above the filtration floor standards do not appear to be be effective in monitoring control device temperature, is determined justified for the same reasons given in performance (see, e.g., 77 FR 9371 gravimetrically after the removal of the 2010 final rule. See 75 FR 54988 (February 16, 2012)) where the EPA uncombined water. Compliance with (September 9, 2010). We are, therefore, established PM CPMS parametric the numerical emissions limit is then proposing this emissions limit for the operating limits for electricity based on an average of three 2-hour test kiln and clinker cooler and an initial generating units). runs rather than a 30-day average and annual compliance test using As a result, this proposed rule would determined from PM CEMS data. The Method 5 to demonstrate compliance. require the installation and operation of numerical level of the standard would These issues affecting the existing a PM CPMS for parametric monitoring change to reflect the different averaging source PM limit also apply to the new associated with the proposed PM period. See 75 FR 54988 (September 9, source PM limit. Based on this revised standard. The source owner would not 2010) (explaining that more compliance regime, the new source floor have to meet PS 11 requirements but measurements of a properly designed would change from 0.01 lb/ton clinker would have to prepare and submit for and operated control device decreases produced, to 0.02 lb/ton clinker approval, if requested by a permitting measured variability since there are produced, based on a three run average authority, a site-specific monitoring likely to be more measurements at the from a Method 5 stack test. See Portland plan to apply sound practices for mean of performance); see also 75 FR Cement Reconsideration TSD, section installing, calibrating and operating the 54975 (September 9, 2010) (explaining 8.3. The best performing kiln used to set PM CPMS. how this phenomenon is reflected in the the MACT floor for new sources in the Current PM CPMS have an operating Upper Prediction Limit (UPL) equation 2010 rule was a cement kiln, not a principle based on in-stack or extractive used to project variability, since the m CISWI kiln, so the same kiln was used light scatter, light scintillation or beta term (i.e., the number of measurements) for this analysis. The difference is that attenuation. The source owner or in the equation becomes larger with because a 3-run test would be used to operator would need to examine the fuel more observations resulting in a larger determine compliance rather than a 30- and process conditions of his stack as denominator and hence lower ultimate day rolling average, the calculation of well as the capabilities of these devices level). By changing from a 30-day the 99th confidence UPL used m = 3 before selecting a particular CPMS average with potentially 720 hourly rather than 30, which results in a floor technology. The reportable values to a three-run test average of 0.02 lb/ton clinker. The EPA is not measurement output from the PM CPMS producing three test run values, we proposing a beyond-the-floor standard may be expressed as milliamps, stack

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concentration or other raw data signal. appropriate, adjust the numerical reasonable basis for presuming that For the purposes of this proposed rule, operating limit to reflect compliance deviations that lead to multiple the source owner would establish an performance. Adjustments may include performance tests to represent poor operating limit based on the highest PM applying the most recently established control device performance and to be a CPMS hourly value collected during the highest of the three test run hourly violation of the standard. most recent PM compliance test (or averages or combining the data collected Therefore, the EPA is proposing that other stack tests accepted as a legitimate over multiple performance tests to PM CPMS deviations leading to more basis for compliance, as explained establish a more representative value. than four required performance tests in below). The source would collect PM Apply the reverified or adjusted a 12-month process operating period to CPMS data continuously and calculate a operating limit value from that time be presumed a violation of this 30 operating day rolling average PM forward. standard, subject to the source’s ability CPMS output value from the hourly PM Second, the EPA is proposing that this to rebut that presumption with CPMS data collected during process proposed rule limit the number of information about process and control operating hours and compare that deviations of the site-specific CPMS device operations in addition to the average to the site specific operating limit leading to follow up performance Method 5 performance test results. limit. For these reasons (i.e., 30 days to tests in any 12-month process operating Finally, the EPA is proposing that the mitigate the effects of measurement and period and an excess of this number be NSPS for PM established pursuant to emissions variability and using the considered to be a violation of the section 111(bb) also be revised so that highest hourly average from the stack standard. This presumption could be these limits are no longer CEMS-based testing), the EPA believes that use of the rebutted by the source, but would and reflect the resulting different PM CPMS for parametric monitoring require more than a Method 5 test to do numerical values and averaging times. should not pose the same technical so (e.g., results of physical inspections). Although the NSPS for PM rests on a issues as those underlying the proposed This additional information is necessary justification independent of the decision to base compliance on PM since a Method 5 test could not be NESHAP PM standard (see PCA v. EPA, CEMS measurements. conducted following the discovery of 665 F. 3d at 192–93), the technical We are proposing a number of deviations and would not necessarily issues associated with the use of PM consequences if the kiln PM monitoring represent conditions identical to those CEMS in this industry are common to parameter is exceeded. First, the source when the deviations occurred. The basis both standards and the proposed owner will have 48 hours to conduct an for this part of the proposal is that the amendments, therefore, appear inspection of the control device and to site-specific CPMS limit could represent appropriate for the NSPS as well. The take action to restore the controls if an emissions level higher than the EPA believes that these proposed necessary and 45 days to conduct a new proposed numerical emissions limit requirements represent Best PM Method 5 compliance test to verify since the PM CPMS operating limit Demonstrated Available Technology for ongoing compliance with the PM limit. corresponds to the highest of the three new cement kilns given that the Within 60 days complete the emissions runs collected during the Method 5 standards remain predicated on the sampling, sample analyses and performance test. Second, the PM CPMS performance of the best industry verification that the source is in operating limit reflects a 30-day average performers and the costs remain those compliance with the emissions limit in that should represent an actual already found to be reasonable. See id. accordance with the test procedures in emissions level lower than the three test at 191–92 discussing and upholding the either section 60.64 or 63.1349(b)(1). run numerical emissions limit since EPA’s NSPS for PM. Also, determine an operating limit variability is mitigated over time. See 75 based on the PM CPMS data collected FR 54988 (September 9, 2010); 54975– E. Summary of Proposed Standards during the performance test. Compare 76. Consequently, we believe that there Resulting From Reconsideration the recalculated operating limit with the should be few if any deviations from the The EPA is proposing the following existing operating limit and, as 30-day parametric limit and there is a revised MACT standards:

TABLE 3—PROPOSED EXISTING AND NEW SOURCE FLOORS AND STANDARDS a

Pollutant Existing source standard New source standard

Mercury ...... 55 lb/MM tons clinker ...... 21 lb/MM tons clinker. THC ...... 24 ppmvd ...... 24 ppmvd. PM ...... 0.07 lb/ton clinker (3-run test average) ...... 0.02 lb/ton clinker (3-run test average). HCl ...... 3 ppmvd ...... 3 ppmvd. Organic HAP ...... 12 ppmvd ...... 12 ppmvd. a Standards for mercury and THC are based on a 30-day rolling average. The standard for PM is based on a three run test. If using a CEMS to determine compliance with the HCl standard, the floor is also a 30-day rolling average. Organic HAP standards are discussed in section H below.

F. Standards for Fugitive Emissions so that regulation of these sources was 1156 as amended on March 6, 2009. From Clinker Storage Piles necessary. Because the emissions in Because there were only two plants In the September 2010 rule, the question were fugitive dusts for which which we could state definitively had agency established work practice measurement was not feasible, the open storage piles and both were requirements to reduce fugitive agency adopted work practices as the complying with Rule 1156, we believed emissions from outdoor clinker storage standard, specifically the work practice that the regulatory standards under Rule piles. The agency had information that standards and opacity emissions limits 1156 constituted the floor level of these storage piles emit HAP in the form contained in California’s South Coast control. The current promulgated work of fugitive PM containing HAP metals, Air Quality Management District Rule practices consist of providing varying

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degrees of enclosures or barriers to pollutant’’. See CAA section 112 permits are equally effective in reducing prevent wind erosion of the storage (h)(2)(A). The work practices would fugitive emissions. These measures are, piles. See generally 75 FR 54989 apply to any open clinker piles therefore, consistent with section 112(d) (September 9, 2010). regardless of the quantity of clinker or controls and reflect a level of In their reconsideration petition, the the length of time that the clinker pile performance analogous to a MACT floor. cement industry maintained that the is in existence. See CAA section 112(h)(1) (in EPA did not provide sufficient notice of According to industry stakeholders, promulgating work practices, the EPA is the standards it might adopt for clinker virtually all Title V permits oblige to adopt standards ‘‘which in the storage piles. We agreed and granted cement plant operators to ‘‘minimize’’ Administrator’s judgment [are] reconsideration. See 76 FR 28325 (May fugitive emissions including those from consistent with section (d) or (f) of this 17, 2011). The D.C. Circuit stayed the open clinker piles. See Portland Cement section.’’) The option of full enclosures, standard pending the conclusion of the Reconsideration TSD, section 2, which somewhat analogous to a beyond-the- EPA’s reconsideration. See 665 F. 3d at is available in this rulemaking docket. floor standard under section 112(d)(2), 189. Our examination of relevant permits would be extremely costly with Industry also noted, correctly, that indicates that some permits establish an minimum associated emissions more than two plants are potentially opacity limit not to be exceeded in reductions incremental to the measures affected by clinker pile standards, so conjunction with materials already undertaken (which already that the California rule is not necessarily management. Others contain a ‘‘no reduce most or all of the fugitive a floor level of control. To evaluate visible emissions’’ limitation at the emissions from these piles). The EPA, which work practices are currently used fence line of the facility. Industry therefore, is not proposing to mandate in the industry, we requested data from stakeholders state that to minimize such a practice. Industry cost estimates the industry on currently used work fugitive emissions from open clinker for a full enclosure with a capacity of practices. We also undertook a review of piles, plants employ a number of 50,000 tons of clinker range from state permits to determine the level of practices, the most common being to use $10–$25 million in capital cost and controls to which open clinker piles are water sprays to form a concrete-like $400,000–$500,000 annual operating currently subject. Based on this crust on the exposed surface of the cost (See Portland Cement Association, information, the EPA is proposing to clinker pile. Clinker has cement like Clinker Piles, September 7, 2011, amend the work practices for clinker properties and when exposed to water available in the rulemaking docket). We storage piles. will hydrate and harden. The crust also are not proposing opacity or visible 1. What is a clinker pile? formed by this practice is very effective emission standards, for several reasons. at reducing fugitive emissions as long as If work practices are properly Clinker storage is necessary to allow the pile is not disturbed. Another implemented, we believe fugitive near continuous kiln operation and common practice is to cover clinker emissions, including visible emissions, intermittent grinding and processing of piles with tarps, which may be held from clinker piles will be effectively the clinker. Clinker storage is also down with tires, which effectively controlled. Such emission limits would necessary in the event of unplanned or minimizes fugitive emissions. Some also be redundant with work practice planned kiln shutdowns. Cement plants plants also use foam sprays on the requirements. Moreover, in many cases, use silos, domes or other enclosure for exposed surface of the pile, forming a the temporary, short-term nature of clinker storage. Additional clinker coating which reduces or prevents clinker piles would make it impractical storage may also be necessary to fugitive emissions. to implement an emissions monitoring accommodate extended shutdown Based on our review of 88 state Title program that would be more effective periods for kiln maintenance and/or V permits, all but one permit required than the proposed work practices. market conditions. When the one or a combination of the following We are proposing that one or more of conventional enclosed storage is not control measures to reduce fugitive the following control measures be used adequate, clinker may be stored in emissions generally: Work practices, when adding clinker to a pile, during outdoor piles. Unlike automated opacity or visible emission limits, on-going clinker storage, and when systems for drawing down clinker from prohibitions against open clinker piles reclaiming the clinker for processing, to enclosed silos, these temporary outdoor and some type of general duty minimize to the greatest extent storage piles are drawn down using requirements to minimize fugitive dust practicable fugitive dust emissions from equipment such as front end loaders or emissions. Eight of the permits open clinker storage piles: Locating the other reclaiming equipment. Outdoor contained requirements specific to open source inside a partial enclosure (such clinker storage may be temporary, or outdoor clinker piles. Eighteen as a three sided structure with tarp), lasting a few days or weeks and up to permits contained standards that installing and operating a water spray or several months. There are also open restricted emissions more generally fogging system, applying appropriate clinker piles that have been in existence from outdoor storage piles including chemical dust suppression agents on the for years and are essentially permanent. opacity and visible emissions limits and pile, use of a wind barrier or use of a general duty requirements to not tarp. The owner or operator must select, 2. What are the proposed standards? produce PM or dust emissions at the from the list provided, the control We are proposing amended standards property line. Seventy-seven permits measure or combination of control that will control HAP metal emissions contained facility-wide restrictions that measures that are most appropriate for from open clinker piles. Because the applied to a variety of fugitive sources the site conditions. We are allowing the emissions are fugitive, we are proposing at the cement facilities (e.g. roads, owner or operator to select the most work practices instead of an emissions storage, raw materials). In only one appropriate control measure or limit since it is ‘‘not feasible to prescribe permit was it not clear that there were combination of measures for their or enforce an emission standard’’ for requirements to minimize fugitive dust situation. these emissions because, as fugitive emissions. We are proposing that the owner or emissions, they are not ‘‘emitted With the exception of total enclosure operator must include as part of their through a conveyance designed and of all open clinker piles, the EPA operations and maintenance plan constructed to emit or capture such believes that the control measures in the (required in § 63.1347) the fugitive dust

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control measures that they will under CAA section 111 ‘‘variant been established, then a penalty is not implement to control fugitive dust provisions’’ such as provisions allowing appropriate and penalty assessment emissions from open clinker piles. for upsets during startup, shutdown and pursuant to the section 113(e)(1) factors These control measures would apply to equipment malfunction ‘‘appear does not occur. the addition of clinker to the pile, on- necessary to preserve the reasonableness In exercising its authority under going clinker storage and reclaiming the of the standards as a whole and that the section 112 to establish emission clinker for processing. record does not support the ‘never to be standards (at a level that meets the We are proposing the same standards exceeded’ standard currently in force.’’ stringency requirements of section 112), for new sources as existing sources. In See also, Portland Cement Association the EPA necessarily defines conduct the case of a clinker storage pile, there v. Ruckelshaus, 486 F.2d 375 (D.C. Cir. that constitutes a violation. The EPA is no essential difference between ‘new’ 1973). Though intervening case law view is that the affirmative defense is and ‘existing’. These piles generally such as Sierra Club v. EPA and the CAA part of the emission standard and reflect temporary storage situations, and 1977 amendments undermine the defines two categories of violation. If are not analogous to building a one-time relevance of these cases today, they there is a violation of the emission stationary structure where there are support the EPA’s view that a system standard and the source demonstrates opportunities for newly-constructed that incorporates some level of that all the elements of the affirmative entities that do not exist for existing flexibility is reasonable. The affirmative defense are met, only injunctive relief is entities. The EPA consequently is defense simply provides for a defense to available. All other violations of the proposing the same standards for both. civil penalties for excess emissions that emission standard are subject to injunctive relief and penalties. A citizen G. Affirmative Defense to Civil Penalties are proven to be beyond the control of suit claim under section 304 allows for Exceedances Occurring During the source. By incorporating an citizens to commence a civil action Malfunctions affirmative defense, the EPA has formalized its approach to upset events. against any person alleged to be in In response to comments, the EPA In a Clean Water Act setting, the Ninth violation of ‘‘an emission standard or added to the September 9, 2010, final Circuit required this type of formalized limitation under this chapter.’’ The rule an affirmative defense to civil approach when regulating ‘‘upsets CAA, however, allows the EPA to penalties for exceedances of emissions beyond the control of the permit establish such ‘‘enforceable emission limits that are caused by malfunctions. holder.’’ Marathon Oil Co. v. EPA, 564 limitations.’’ Thus, the citizen suit Various environmental advocacy F.2d 1253, 1272–73 (9th Cir. 1977); see provision clearly contemplates groups, as well as the Portland Cement also, Mont. Sulphur & Chem. Co. v. enforcement of the standards that are Association (PCA), indicated that there United States EPA, 2012 U.S. App. defined by the EPA. As a result, where had been insufficient notice of this LEXIS 1056 (Jan 19, 2012) (rejecting the EPA defines its emissions provision. The EPA agreed and granted limitations and enforcement measures reconsideration. See 76 FR 28325 (May industry argument that reliance on the affirmative defense was not adequate). to allow a source the opportunity to 17, 2011). We are proposing to retain the prove its entitlement to a lesser degree affirmative defense on reconsideration. But see, Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057–58 (D.C. Cir. 1978) of violation (not subject to penalties) in This provision seeks to balance a narrow, specified circumstances, as the tension, inherent in many types of air (holding that an informal approach is adequate). The affirmative defense EPA did here, penalties are not regulation, to ensure adequate ‘‘appropriate’’ under section 304. provisions give the EPA the flexibility to compliance while simultaneously The EPA solicits comments on this both ensure that its emission limitations recognizing that despite the most issue of the EPA’s authority to diligent of efforts, emission limits may are ‘‘continuous’’ as required by 42 promulgate an affirmative defense. The be exceeded under circumstances U.S.C. § 7602(k), and account for EPA’s view is that an affirmative beyond the control of the source. The unplanned upsets and thus support the defense to civil penalties for EPA must establish emission standards reasonableness of the standard as a exceedances of applicable emission that ‘‘limit the quantity, rate, or whole. standards during periods of malfunction concentration of emissions of air Petitions filed by environmental appropriately balances competing pollutants on a continuous basis.’’ See advocacy groups question the EPA’s concerns. On the one hand, citizen 42 U.S.C. 7602(k) (defining ‘‘emission authority to promulgate the affirmative enforcers are concerned about limitation and emission standard’’). See defense arguing, among other things, additional complications in their generally Sierra Club v. EPA, 551 F.3d that the affirmative defense is enforcement actions. On the other hand, 1019, 1021 (D.C. Cir. 2008) Thus, the inconsistent with the provisions of CAA industrial sources are concerned about EPA is required to ensure that section sections 113(e) and 304(b) governing being penalized for violations caused by 112 emissions limitations are penalty assessment and citizen suits, malfunctions that they could not have continuous. The affirmative defense for respectively. The EPA’s view is that the prevented and were otherwise malfunction events meets this affirmative defense is not inconsistent appropriately handled (as reflected in requirement by ensuring that even with CAA section 113(e) or 304. Section the affirmative defense criteria). The where there is a malfunction, the 304 gives district courts’ jurisdiction ‘‘to EPA has used its section 301(a)(1) emission limitation is still enforceable apply appropriate civil penalties.’’ authority to issue regulations necessary through injunctive relief. Although Section 113(e)(1) identifies the factors to carry out the Act in a manner that ‘‘continuous’’ limitations, on the one that the Administrator or a court shall appropriately balances these competing hand, are required, there is also case law take into consideration in determining concerns. However, the EPA also indicating that in many situations it is the amount of a penalty to be assessed, solicits comment on alternatives to, or appropriate for the EPA to account for once it has been determined that a variations on, the affirmative defense the practical realities of control penalty is appropriate. The affirmative provisions promulgated in the 2010 technology. For example, in Essex defense regulatory provision is not final rule. Chemical v. Ruckelshaus, 486 F.2d 427, relevant to the amount of any penalty to In its petition for reconsideration, the 433 (D.C. Cir. 1973), the D.C. Circuit be assessed. If a court determines that PCA expressed support for the acknowledged that in setting standards the affirmative defense elements have affirmative defense, but maintains that

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‘‘the affirmative defense process that H. Continuously Monitored Parameters method detection level is about 40 to 50 EPA codified in the final rules is for Alternative Organic HAP Standard percent and decreases to a consistent 10 cumbersome and will be exceedingly (With THC Monitoring Parameter) to 15 percent for values that are three difficult for facilities to employ.’’ The In the September 2010 final rule, the times the method detection level. See 75 EPA is soliciting comment on the terms EPA promulgated an alternative FR 54984 (September 9, 2010); see also and condition of the affirmative defense. standard for non-dioxin organic HAP, section D above. Thus, measured values In recent rules promulgated under based on measuring the organic HAP less than three times the representative section 112 and 129, the EPA has itself rather than the THC surrogate. method detection level are highly revised certain terms and conditions of Section 63.1343(b)(1) provides two uncertain and therefore not reasonable the affirmative defense in response to options for meeting a standard for for compliance determinations. The concerns raised by various commenters. organic HAP. One is to meet a THC 3*RMDL of 12 ppmvd was determined The EPA is proposing to adopt those standard of 24 ppmvd; the other is to as follows: we determined method detection capabilities for Method 320 same revisions in this proposed rule. meet a limit of 9 ppmvd of total organic and Method 18 as appropriate for the The EPA is proposing to revise the HAP. This equivalent alternative various compounds (e.g., Method 320 affirmative defense language to delete standard is intended to provide for aldehydes, Method 18 for aromatic ‘‘short’’ from section 63.1344(a)(1)(i), additional flexibility in determining compliance, and it would be hydrocarbons (arenes)). This approach because other criteria in the affirmative is consistent with procedures practiced defense require that the source assure appropriate for those cases in which methane and ethane comprise a by the better performing testing that the duration of the excess emissions companies and laboratories using ‘‘were minimized to the maximum disproportionately high amount of the organic compounds in the feed because sensitive analytical procedures. We extent practicable.’’ The EPA is also these non-HAP compounds could be determined for each of the organic HAP proposing to delete the term ‘‘severe’’ in emitted and would be measured as THC. the expected method detection level for the phrase ‘‘severe personal injury’’ in The specific organic compounds that are the respective method based on internal 63.1344(a)(4) because we do not think it to be measured to determine compliance experience and method capabilities is appropriate to make the affirmative with the equivalent alternative standard reported by testing companies. With defense available only when bypass was are benzene, toluene, styrene, xylene these reported values, we identified the unavoidable to prevent severe personal (ortho-, meta-, and para-), acetaldehyde, resulting mean of the method detection injury. In addition, the EPA is proposing formaldehyde and naphthalene. levels, adjusted them for dilution and to revise section 63.1344(a)(8) to add Compliance with the equivalent moisture, summed them, and then ‘‘consistent with good air pollution alternative standard under the multiplied the sum by three to control practice for minimizing September 2010 standard will be determine the representative detection emissions.’’ The EPA is also proposing determined through organic HAP level (RDL). The resulting RDL value to revise the language of 63.1344(a)(9) to emissions testing using EPA Method 18 was found to be 11.2 ppmvd @ 7 percent clarify that the purpose of the root cause or 320, as appropriate for the compound oxygen (O2), dry. This value is greater analysis is to determine, correct and of interest. The 2010 rule further than the final 9 ppmvd @ 7 percent O2, eliminate the primary cause of the requires that each source complying dry, in the final rule. We are, therefore, proposing to adjust the total organic malfunction. The root cause analysis with the alternative standard establish a HAP limit to 12 ppmvd @ 7 percent O , itself does not necessarily require that site-specific THC limit to be met 2 dry (rounded up from the 11.2 ppm the cause be determined, corrected or continuously. The site-specific THC limit will be measured as a 30 day RDL). At this level, we believe that eliminated. However, in most cases, the currently available emissions testing EPA believes that a properly conducted rolling average, with an annual compliance test requirement. It would procedures and technologies can be root cause analysis will have such used to provide measurements of results. Further, the EPA is proposing to be correlated with the organic HAP limit and is therefore not tied to the THC sufficient certainty for sources to revise 63.1344(b) to state that ‘‘[t]he demonstrate compliance. A detailed owner or operator seeking to assert an standard of 24 ppmvd. We granted reconsideration on the level of this site- discussion of the use of the RDL to affirmative defense shall submit a specific THC limit used as a arrive at the proposed organic HAP limit written report to the Administrator in a continuously monitored parameter for is found in the Portland Cement semiannual report with all necessary those sources selecting the alternative Reconsideration TSD, section 3, which supporting documentation, that it has HAP compliance method. See 76 FR can be found in the docket for this met the requirements set forth in section 28318 (May 17, 2011). rulemaking. 63.1354(c) of this subpart.’’ This report Since THC includes compounds that A consequence of this analysis is that must be included in the first semiannual are not considered to be hazardous, the accuracy of the analytic methods for report, required by section either of the two standards are organic HAP appear to be insufficient to 63.1354(b)(9), after the initial considered to be reasonable. allow sources to scale up their site- occurrence of the violation of the While the September 2010 final rule specific THC limit based on the degree relevant standard. If the semiannual required an organic HAP limit of 9 to which the measured organic HAP report is due less than 45 days after the ppmvd, a recent review of the method levels were below the organic HAP initial occurrence of the violation, the detection limits used to measure organic limit—the organic HAP limit, even as affirmative defense report may be HAP revealed that three times the proposed to be revised, is at the reliable included in the second semiannual representative method detection level limit of detection as just explained. report due after the initial occurrence of (3*RMDL) is actually 12 ppmvd, Therefore, this proposed rule retains the the violation of the relevant standard. therefore, we propose to revise the provision whereby the site-specific THC See proposed regulatory text for other alternative organic HAP limit to 12 operating parameter is established at the proposed minor wording changes to ppmvd. As discussed in the final rule, same time the performance test is improve clarity. the expected measurement imprecision conducted for organic HAP. If the site- for an emissions value at or near the specific THC operating parameter is

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exceeded, then the kiln would have to hydrated lime at a U.S. cement compound and because it has a large be retested to determine compliance manufacturing plant, revealed that HCl acid dissociation constant (i.e., HCl is a with the organic HAP limit. This removal from dry scrubbers on kilns strong acid), it will be more rapidly and proposed rule would further require that ranged from 90 to 95 percent HCl readily removed than SO2 from a gas the tests for organic HAP and THC be removal, depending on lime injection stream treated with either caustic repeated annually to establish a new rates (Lhoist North America, Cement sorbents (e.g., lime, limestone) or plain annual site-specific THC parameter Industry Experience, DSI for Acid Gas water. We acknowledge that at proposal reflecting the organic HAP level. We Control, October 5, 2011). The results (see 74 FR 21154, May 6, 2009) we also are proposing, similar to the PM also showed the plant could meet the 3 rejected setting a standard (as opposed compliance test procedure, that the ppm HCl limit. The EPA also evaluated to a continuously monitored parameter) highest 1-hour average THC HCl removal efficiency using dry that used SO2 as a surrogate for HCl concentration measured during the 3- sprayer absorber with a fabric filter as because we had no data that hour organic HAP test, be used as the part of the electric utility generating demonstrated a direct link between HCl site-specific THC parameter, and are MACT rulemaking. Removal efficiencies emissions and SO2 emissions. However, allowing facilities to extend the testing ranged from 95 percent to nearly 100 pilot-scale tests by the EPA at its Multi- time (or number of tests) if they believe percent with an average of about 99.8 pollutant Control Research Facility extended testing is required to percent (Hutson to Nizich, HCl control support the use of the more easily adequately capture THC variability over using SDA/FF, November 29, 2011). In measured SO2 as a surrogate for HCl time. The EPA specifically solicits addition, information from the National where either wet or dry scrubbers are comment on the changes on the organic Lime Association (http://www.lime.org/ used. See Docket item EPA–HQ–OAR– HAP limit. In addition, we solicit uses_of_lime/environmental/ 2009–0234–3893. Further, we are aware comment on if it would it be flue_gas.asp) and the Institute for Clean that there are existing kilns equipped appropriate to allow sources to scale up Air Companies (http://www.icac.com/ with SO2 CEMS and that this their site-specific THC limit based on i4a/pages/index.cfm?pageid=3401) monitoring technology is less expensive the degree to which the measured report HCl emissions reductions using and more mature than HCl CEMS. Thus, organic HAP levels are below the dry lime injection technology of 95 to 99 we are proposing that SO2 is an organic HAP limit. percent from coal-fired boilers in the indicator for HCl compliance, and that electric utility industry, from municipal I. Allowing Sources With Dry Caustic monitoring the emissions of SO2 will waste-to-energy facilities and from other Scrubbers To Comply With HCl provide a reliable indication of HCl industries. In the secondary aluminum Standard Using Performance Tests removal, making SO2 monitoring an industry, reductions in HCl emissions appropriate parameter for monitoring To demonstrate compliance with the greater than 99 percent have been continuing compliance. HCl emissions limit, the September achieved (National Lime Association, Owners or operators of kilns equipped 2010 final rule allows sources equipped Flue Gas Desulfurization, http:// with wet scrubbers to comply with the _ _ with dry or wet scrubbers that choose to www.lime.org/uses of lime/ use SO monitoring would need to HCl standard by means of periodic environmental/flue_gas.asp). 2 conduct an initial performance test for performance tests rather than with Given these high reported removal HCl and establish the SO operating continuous monitoring of HCl with a efficiencies, we propose to extend the 2 CEMS (see § 63.1349(b)(6)). We same option provided to kilns equipped limit equal to the highest 1 hour average reasoned that a source that uses a with wet scrubbers to dry scrubber- recorded during the HCl performance limestone wet scrubber for HCl control equipped kilns. Thus, kilns with either test, so that there is an indication of will have minimal HCl emissions even type of scrubber could demonstrate proper operation of the HCl control if kiln inputs change because limestone compliance with the HCl limit by means device. The owner or operator of a kiln wet scrubbers are more efficient in of an initial and periodic stack test controlled using either a dry or wet removing HCl than they are required to rather than with continuous compliance scrubber that chooses to monitor SO2 be, to meet the standard. Sources monitoring with a CEMS. In order to would not be required to also establish electing to comply by means of stack assure that the dry lime injection continuously monitored parameters tests must establish continuously equipment is operated effectively reflecting the performance test results, monitored parameters including liquid between tests, the proposed amendment such as lime injection rate for a dry flow rate, pressure and pH. Sources would require that the lime injection scrubber and liquid flow rate, pressure using a limestone wet scrubber are rate used during the performance test and pH for a wet scrubber. Deviation required to perform an initial demonstrating compliance with the HCl from any established parameter level or compliance test using Method 321 in limit be recorded and then continuously established SO2 operating level would Appendix A to 40 CFR part 63 and to monitored between performance tests to trigger a requirement to retest for HCl in test every 30 months thereafter. show that the injection rate remains at order to verify compliance with the HCl In their petition, industry or above the rate used during the limits and to verify or re-establish the stakeholders indicated that this performance test. parameter levels. compliance option should not be We are also proposing an additional At a minimum, a repeat performance limited to wet scrubber equipped units, alternative for all kilns equipped with a test to confirm compliance with the HCl but should also be available for units dry or wet scrubber (and, under this emissions limit and to reset the SO2 equipped with caustic scrubbers, in part proposal, could therefore do periodic limit and monitoring parameters is because some sources will be equipped HCl performance testing and parametric required every 5 years. We are with dry scrubbers (due to water monitoring). Where either wet or dry requesting comment on the efficacy of shortages) and should have the same scrubbers are used, we are proposing continuously monitoring SO2 as a operating flexibilities as wet scrubber that an owner or operator would have continuously monitored parameter in equipped kilns. the option of using SO2 monitoring as a lieu of continuously monitoring HCl A recent review of data from a vendor continuously monitored parameter for control device parameters, and also of acid gas controls using a standard purposes of compliance monitoring. solicit comment on testing every 30 hydrated lime and a high performance Because HCl is a water-soluble months for HCl for purposes of

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monitoring compliance with the HCl Qc = The exhaust flow of the clinker cooler be firing coal or coke and would not be emissions limit. (dscf/ton raw feed). introducing feed material into the kiln Qab = The exhaust flow of the alkali bypass continuously. HAP emissions from J. Alternative PM Limit (dscf/ton raw feed). cement kilns are attributable almost Some kilns combine kiln exhaust gas Qcm = The exhaust flow of the coal mill (dscf/ entirely to one or the other of these ton raw feed). with exhaust gas from other unit 7000 = The conversion factor for grains (gr) feeds, with raw materials contributing operations, such as the clinker cooler, as per lb. the great preponderance. In addition, an energy saving practice. The kilns burn fuels during startup and September 2010 final rule sought to If exhaust gases for any of the sources shutdown which are cleaner than coal accommodate commingled flows from contained in the equation are not and coke (natural gas is used for the the kiln and clinker cooler by providing commingled and are exhausted through most of the startup). Thus, HAP a site specific PM limit. See section a separate stack, their value in the emissions during startup and shutdown 63.1343(b)(2). In its reconsideration equation would be zero. The alternative necessarily should be far less than the petition, the PCA pointed out, however, PM equation for new sources is numerical limits in the standards since that other flows besides the exhaust gas identical to the existing source equation the kiln will not be introducing raw flow from the clinker cooler can be except the PM exhaust concentration materials, and will be burning fuels commingled as well. The petitioner used in the equation is 0.002 grains per which are cleaner than its normal fuels. provided the example of coal mill dry standard cubic foot, which is Accordingly, the EPA is further exhaust and exhaust from an alkali by- equivalent to the new source PM limit proposing to change the means of pass as instances of additional flows of 0.02 lb/ton clinker. monitoring for compliance with the that can be commingled with the K. Standards During Startup and startup and shutdown standards. Rather exhaust gas flow from the kiln. The Shutdown than require monitoring by a CEM or by petitioner observed that without an stack testing, the EPA is proposing that In the final NESHAP, the EPA a source keep records of the volumes of allowance for these additional flows, the established separate standards for site specific PM limit is stricter than the fuels introduced into the kiln during startup and shutdown which differ from startup and shutdown to verify that raw EPA intended (since the PM the main standards. These standards concentration will be divided by a lower materials are not introduced into the require kilns to meet numerical limits kiln, although, by definition, if raw number in the implementing equation), for each pollutant regulated by the rule, and penalizes the energy-saving practice materials are introduced continuously each standard to be measured using a into the kiln, the kiln is not operating of commingling these flows. CEMS over an accumulative 7-day The agency agreed with the petitioner in startup and shutdown and the rolling average. 75 FR 54991 (September monitoring requirements of the main that the alternative PM equations for 9, 2010). Industry petitioned the EPA to existing and new sources contained in standards would therefore apply. Kiln reconsider these standards claiming lack owners and operators would then make the final rule do not adequately account of notice, but the EPA denied these for commingled exhaust gas flows from conservative assumptions as to the petitions because the agency had combustion efficiency of the kiln so as sources other than the clinker cooler, already provided ample opportunity for and granted reconsideration for this to reasonably estimate destruction of comment which petitioners had used. organics, and include mass balance reason. See 76 FR 28325 (May 17, 2011). See 76 FR 28323 (May 17, 2011). The We believe that although the form of the calculations showing that the startup/ D.C. Circuit dismissed all challenges to shutdown standards would not be equation is correct, the equation is not these startup and shutdown provisions written to accommodate sources other exceeded. (see 665 F 3d at 189). The EPA did grant These proposed recordkeeping than exhaust gases from the clinker reconsideration on several technical requirements would serve as the basis cooler. We are proposing to revise the issues related to startup and for compliance monitoring. The EPA equation so that it includes exhaust gas shutdown—certain aspects of CEM- believes that these proposed flows for all potential sources that based monitoring of mercury and PM recordkeeping requirements are both would potentially be combined, during startup and shutdown—issues sufficient to yield reliable information including exhausts from the kiln, the which would be moot if the EPA adopts for the startup and shutdown periods, alkali bypass, the coal mill, and the the approach proposed below—and and to establish a source’s compliance clinker cooler, for an existing kiln, the having an HCl limit of zero for kilns not or non-compliance with the startup and EPA is proposing the following equipped with CEMS (see 76 FR 28325 shutdown standards. The EPA also equation: (May 17, 2011)). believes that this proposed requirement × × PMalt = 0.0060 1.65 (Qk + Qc + Qab The EPA is proposing to retain the would satisfy the requirements of 40 + Qcm)/(7000) startup and shutdown standards for CFR section 70.6(c)(1) which requires Where: mercury and THC, to amend the startup that Title V permits shall contain and shutdown standards for PM to be ‘‘monitoring * * * requirements PMalt = The alternative PM emission limit for commingled sources. consistent with the proposed numeric sufficient to assure compliance with the 0.006 = The PM exhaust concentration (gr/ levels in this proposal, and to amend terms and conditions of the permit.’’ dscf) equivalent to 0.07 lb per ton clinker the level of the startup and shutdown The EPA is further proposing that the where clinker cooler and kiln exhaust standard for HCl to be 3 ppm in all standard for HCl during startup and gas are not combined.12 circumstances. shutdown be 3 ppmvd under all 1.65 = The conversion factor of lb feed per The EPA is further proposing to circumstances, and thus is proposing to lb clinker. clarify that startup begins when the eliminate the current provision that the Qk = The exhaust flow of the kiln (dscf/ton kiln’s induced fan is turned on and startup and shutdown standard be zero raw feed). continues until continuous raw material for kilns measuring compliance by feed is introduced into the kiln. means other than a CEM. As shown in 12 Note that this figure would change correspondingly if the EPA were to amend the Shutdown begins when feed to the kiln the petitions for reconsideration, HCl existing source PM standard. The same is true of the is halted. Thus, during startup and can be formed even when normal fuels PM term in the new source equation. shutdown, as defined, a kiln would not and raw materials are not being

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introduced into the kiln (for example, This leaves ambiguous, or partially otherwise accounted for in the from residual chlorides in the kiln ambiguous, the regulatory treatment of NESHAP). refractory). See PCA Petition for the second and third situations We note further that an analogous Reconsideration Exh. 1. Consequently, mentioned above: A kiln whose coal situation is when a cement kiln has an the promulgated limit of zero is emissions are discharged through the alkali bypass which receives and technically inappropriate, and the EPA main kiln stack, and the coal mill which exhausts emissions from the kiln. We is proposing to amend it to 3 ppmvd, receives some exhaust from the cement are proposing that these emissions be the same standard which applies in all kiln so that some portion of the coal subject to controls reflecting the same other operating modes. Monitoring mill exhaust can reflect cement kiln principle—the total emissions of the during startup and shutdown would be emissions. Because we did not address kiln and alkali bypass must meet the accomplished by recordkeeping, as these issues in the 2010 final NESHAP subpart LLL NESHAP. We are also explained above. for Portland cement kilns, we granted proposing to use the same monitoring The EPA also solicits comment on reconsideration in order to do so. See 76 procedures to document compliance. whether the numeric standards during FR 28326 (May 17, 2011). The one (slight) exception is for PM. startup and shutdown should be A cement kiln which commingles Because there is no independent PM amended to provide work practices, emissions from its coal mill with all standard for an alkali bypass (unlike the rather than numeric standards. Work other emissions and discharges through situation for coal mills, where subpart Y practices could require operation of kiln emission points would have to regulates PM emissions), the summed emission control devices during startup meet all of the NESHAP. In the case of PM emissions from the kiln and alkali and shutdown, minimizing the time PM, the additional flow from the coal bypass would have to be equal to or less periods of startup/shutdown, and mill would be accounted for in the than the PM limit in the subpart LLL following manufacturer’s best practices. equation used to determine PM NESHAP. Tests for PM from the alkali We rejected work practices for startup contributions from commingled flows. bypass would be downstream of the and shutdown periods in the 2010 final See section K above. alkali bypass APCD to account for those rule because the commenters requesting In the case of a coal mill which emission reductions. Though we are not such standard failed to demonstrate receives and discharges some of the proposing the coal mill requirements in why it is ‘‘not feasible * * * to cement kiln exhaust, the regulatory this action, we have placed the prescribe or enforce an emission concern is that this re-routing of kiln appropriate regulatory text in the standard’’ for mercury, THC, PM and exhaust not result in uncontrolled HAP proposed rule language to allow HCl during startup and shutdown at emissions. comment on actual rule language. cement kilns, within the meaning of Our basic principle for this situation We expand on these monitoring section 112(h) of the Act. See NESHAP could be that the kiln demonstrate that provisions below. from the Portland Cement it is meeting all of the NESHAP 1. Mercury. Although mercury from Manufacturing Industry Response to standards for pollutants not regulated the main stack is monitored using a Comments Received on Proposed Rule under the subpart Y coal mill standard, CEMS, there is no need for such Published on May 6, 2009, 74 FR 21135, that is mercury, THC and HCl. Because monitoring for the gas streams from the August 6, 2010 at p. 184. the subpart Y standards contain a PM coal mill. The gas stream to the coal mill standard predicated on use of fabric is small in comparison to the kiln L. Coal Mills filter control technology, we do not exhaust, operation of the coal mill is Cement kilns burn coal as their main believe it necessary to account for intermittent, and the cost of requiring fuel, and mill the coal before firing it. diverted PM emissions. additional CEMS for coal mills would From the standpoint of air emissions, We are soliciting comment on the be overly burdensome. Instead, the these coal mills are sometimes following compliance mechanism for performance tests for mercury could be physically distinct from the cement the mercury, THC and HCl standards in conducted at such a coal mill once per kiln, generating emissions solely this situation: The sum of the mercury, year, and, as explained above, that the attributable to the coal mill and emitting THC and HCl in the kiln exhaust tests be conducted downstream of the exhaust through a dedicated stack. diverted to the coal mill, and the kiln coal mill. Performance tests for mercury However, some kilns are configured so exhaust exhausted in the main kiln could be conducted using either that coal mill emissions are commingled stack, must not exceed the subpart LLL Methods 29 or 30B in Appendix A–8 to with kiln exhaust and the emissions are NESHAP emission limits for each 40 CFR Part 60. These performance tests discharged through the main kiln stack. respective HAP or HAP surrogate. could be required annually until the Finally, there are some configurations Under this approach, the rule could tested mercury levels are below the whereby kiln emissions are routed to contain requirements to document the method detection limits for two the coal mill and discharged through the contribution of the emissions diverted consecutive years, after which tests may coal mill stack. This part of the to the coal mill. With respect to THC be conducted every 30 months. If test preamble discusses the regulatory and HCl, because coal may be a source results at any time exceed the method treatment of these different scenarios. of these emissions, we are soliciting detection limit, annual performance First, the EPA has promulgated new comment on a requirement that testing could again be required until source performance standards (40 CFR performance tests for THC and HCl be mercury levels are below the method part 60 subpart Y) for coal mills. See 74 performed upstream of the coal mill. For detection limit for two consecutive FR 51952 (October 8, 2009). These mercury, we are soliciting comment on years. The results of the performance standards apply to coal mills, including a requirement that tests be required test could then be summed with the coal mills at cement manufacturing downstream to account for any mercury emissions from the kiln stack to facilities, which emit through a removal in the coal mill air pollution determine compliance with the mercury dedicated stack. Subpart Y standards do control device (APCD), and to avoid emissions limit. Since kiln stack not apply to coal mills at cement double counting emissions of mercury emissions are measured continuously facilities whose only heat source is kiln from mercury that becomes re-entrained with a CEMS, the coal gas emissions exhaust. See section 60.251(j) in the coal, which is then burned by the could be normalized on both a CEMS (definition of indirect thermal dryer). cement kiln (which emissions are and production basis (lb/MM ton

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clinker) in order to be summed with the Ccm = Coal mill concentration (lb/dscf) portion of kiln gases are diverted to a kiln stack emissions. To do so, the flow Qks = Kiln stack flow rate (volume/hr) coal mill and to an alkali bypass, rate to the coal mill could be Cks = Kiln stack concentration (lb/dscf) emissions from the coal mill and alkali continuously monitored. Using the P = Kiln production rate (million tons bypass would be tested, normalized and clinker/hr) results of the annual performance test MACT Limit = Limit for mercury (55 lb summed and with the mercury and the continuous flow rate from the mercury/MM tons clinker) emissions from the kiln to determine coal mill, the owner or operator could compliance with the emissions limit. develop a mercury hourly mass This equation requires all values to be 2. THC and HCl. Because THC and emission rate for the coal mill. Hourly at or corrected to 7 percent O2. HCl are concentration-based limits, the mercury emissions from the coal mill Thus, if the normalized test results at compliance demonstration could differ could be summed with the mercury the coal mill control device outlet in certain details from the procedure emissions from the kiln to determine shows mercury emissions of 10 lb/MM described above for the production continuous compliance as follows: tons clinker, emissions from the kiln based limits for mercury. Kiln stack should be less than 45 lb/MM tons of emission limits (to be continuously ((Qab×Cab) + (Qcm×Ccm) + (Qks×Cks))/ clinker to be in compliance with the monitored) could be calculated taking P ≤ MACT Limit proposed kiln mercury emissions limit. into consideration the volumetric Where: See section 63.1350(k)(5). exhaust gas flow rates and Qab = Alkali bypass flow rate (volume/hr) For kilns also equipped with an alkali concentrations of all applicable effluent Cab = Alkali bypass concentration (lb/dscf) bypass, the same procedure as that for streams (kiln stack, coal mill, and alkali Qcm = Coal mill flow rate (volume/hr) the coal mill would apply. Where a bypass) for the kiln unit as follows:

Where: In order to determine the flow rates in Appendix A–7 to 40 CFR Part 60 Qab = Alkali bypass flow rate (volume/hr) and concentrations of THC and HCl in could be required. With these data, the Cab = Alkali bypass concentration (ppmvd) the coal mill and alkali bypass streams, concentration of THC and HCl that must Qcm = Coal mill flow rate (volume/hr) the source could test annually using the be monitored in the CEMS in order to Ccm = Coal mill concentration (ppmvd)e appropriate test method and could demonstrate compliance with the kiln Qks = Kiln stack flow rate (volume/hr) monitor the flow rate of the kiln stack MACT limit under this proposal can be Cks = Kiln stack concentration (ppmvd) with CMS. For HCl, the performance calculated by solving for Cks (kiln stack MACT Limit = Limit for THC or HCl (ppmvd) test could be performed using Method concentration) from the equation above, This equation requires all values to be at or 321 in Appendix A to 40 CFR Part 63. as shown: 13 corrected to 7 percent O2. For measurement of THC, Method 25A

This equation is based on the • By testing the coal mill and alkali the allowable mass emissions (i.e. following: bypass streams for concentration and remainder) that can be emitted through • The total allowable mass emissions flow rate, the actual mass of THC and the kiln stack, a site specific of THC and HCl for the kiln unit can be HCl emitted per unit of time can be concentration can be determined. The determined. equation above provides a simplified determined with the sum of all flow • Subtracting the actual mass approach to determining this value. rates (coal mill, alkali bypass and kiln emissions of THC and HCl leaving the stack) and the applicable NESHAP limit coal mill and alkali by pass from the The following example indicates how (THC or HCl) concentration. This yields total allowable mass emissions for the compliance could be demonstrated. In the total allowable mass emissions per kiln unit determines the remainder of this example, we assume a kiln stack, unit of time for the kiln unit according allowable mass emissions that can be coal mill and alkali bypass with the to the MACT limits and the site specific emitted through the kiln stack. following volumetric flow rates and flow rates for the coal mill, alkali bypass • With knowledge of the flow rate at THC concentrations: and kiln stack. the kiln stack (measured by CMS) and

Effluent stream Flow THC concentration Notes MACT LIMIT rate (ppmvd) (ppmvd) (dscm/hr) (@7% O2) (@7% O2)

Alkali Bypass ...... Qab 38,233 Cab 56 Determined through test ...... 24 Coal Mill ...... Qcm 57,349 Ccm 56 Determined through test. Kiln Stack ...... Qks 286,746 Cks ? Flow rate monitored by CMS.

13 The proposed approach is conceptually similar K. above—an equation which accounts for the flow- to that for PM from multiple sources discussed in weighted concentration of PM from all sources.

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With the simplified equation (verified with CEMS) is determined as provided above, the THC value that follows: must not be exceeded in the kiln stack

Using the equation above, Cks is less discussed in section J above. If the alkali limit, but would now be subject as well than or equal to 13.3 ppmvd @ 7 percent bypass discharges separately, it would to the NSPS limit of 0.01 lb/ton clinker. O2. This value could be monitored by a have to sum its PM emissions with Notwithstanding that there are CEMS in order to demonstrate those from the main stack and the independent justifications under section compliance with the NESHAP limit— summed emissions would have to be 111 that could justify this result (see i.e., to demonstrate that the summed less than or equal to the subpart LLL PCA v. EPA, 665 F 3d at 190–91), the values are less than or equal to the NESHAP standard for PM. EPA believes, subject to consideration of standard of 24 ppmvd. As a result of this revision, we would comment, that it is more appropriate for The requirements for THC and HCl also include a revised definition of modified kilns and clinker coolers to could be essentially the same as that for ‘‘kiln’’ to clarify that coal mills using meet the NESHAP PM limit for existing mercury (except that limits are kiln exhaust gases in their operation are sources. We are proposing that existing concentration based as opposed to considered to be an integral part of the kilns and clinker coolers that are subject production-normalized mass based): the kiln (and hence subject to these to the NESHAP existing source flow-weighted averages of THC and HCl standards). We would also include a emissions limit would continue to be could be less than or equal to the definition for ‘‘in-line coal mill’’ for subject to that limit and not to the more subpart LLL NESHAP. The kiln stack those coal mills using kiln exhaust gases stringent limit for new sources under emissions are measured by a CEMS (for in their process. The definition would the NSPS. This would be a limit of 0.07 THC) or by other applicable means (for exclude coal mills with a heat source lb per ton clinker, three-run average HCl). The flow-weighted contributions other than the kiln or coal mills using based on Method 5 stack testing as from other sources (the alkali bypass exhaust gases from the clinker cooler. explained in section D above. The and the kiln exhaust diverted to the coal parametric monitoring using a CPMS M. PM Standard for Modified Sources mill) could be assessed by annual would likewise apply, as would the Under the NSPS testing and applied continuously with requirement of annual stack tests. We flow being measured continuously The EPA adopted the level of the new have justified the PM standard for (explained further in the next source standard under the NESHAP as modified kilns and clinker coolers paragraph). As noted above, testing of the NSPS for both new and modified under section 111 and need not repeat the kiln exhaust diverted to the coal kilns and clinker coolers. See 75 FR that rationale here. See PCA v. EPA, 655 mill could be conducted upstream of the 54996 (September 9, 2010). As the PCA F. 3d at 190–91. This analysis continues coal mill for THC and HCl so that only noted in its reconsideration petition, to apply when the standards are based the kiln exhaust contribution is there need not be functional on stack tests rather than CEMS and no assessed. equivalence between the NESHAP and longer use a 30-day averaging period. To monitor compliance continuously, NSPS PM limits for modified kilns and The EPA also finds that the costs of the gas flow rate from the coal mill clinker coolers. The PCA also noted that meeting the incrementally more could be monitored continuously. This the NSPS for modified kilns and clinker stringent proposed new source limit of flow rate measured during the annual coolers could have associated costs 0.02 lb/ton clinker (three-run average) performance test could be the maximum which need to be accounted for are not justified for modified kilns and flow rate allowed during the year. If a pursuant to CAA section 111(a)(1). clinker coolers. For an existing kiln to higher flow rate is observed, the owner/ Since such kilns and clinker coolers reduce emissions from 0.07 to 0.02 lb/ operator could retest THC and HCl to would not be subject to the section ton clinker would result in a modest obtain a new flow-weighted 112(d) new source standard, any costs reduction in PM emissions at a cost of concentration which would be summed for such modified kilns and clinker more than $21,000 per ton of PM with the kiln main stack THC or HCl coolers to control PM to the new source reduced (the extra cost being concentration to determine whether the limit could not be attributed to the attributable to more frequent kiln is still in compliance. Because of section 112(d) new source limit. In replacement of bags) and greater still if this requirement, the owner/operator addition, the PCA noted that existing sources are able to comply with the should perform their test at a flow rate Portland cement kilns cannot be proposed limit by using controls other that would cover the range of conditions assumed to find ways to avoid triggering than a fabric filter or different types of expected. the NSPS modification criteria when fabric filters. 3. PM. As explained above, in the making physical or operational changes N. Proposed NESHAP Compliance Date situation where a cement kiln diverts due to the stringency of the newly Extension for Existing Sources some exhaust to an integrated coal mill, adopted standards for PM. the coal mill could meet the subpart Y The EPA believes that the PCA’s Under section 112 (i)(a)(3) of the Act, standards, and the kiln could meet the arguments on this point have merit. the EPA may reset compliance dates for subpart LLL NESHAP standard but Under the September 2010 final section 112 (d) emission standards if the would not have to account for the NESHAP, existing kilns and clinker EPA amends the standards themselves diverted exhaust in doing so. In all other coolers are subject to the PM limit of (as opposed to amending some ancillary situations, PM contribution from a coal 0.04 lb/ton clinker. If the kiln or clinker feature of the standards relating to mill (or from an alkali bypass) could be cooler undergoes modification, it would implementation). See NRDC v. EPA, 489 accounted for via the equation continue to be subject to 0.04 lb/ton F. 3d 1364, 1373–74 (D.C. Cir. 2007).

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Such a resetting would be appropriate if could use other variants The proposed coincide with kiln outages during low the standards are changed in such a way change in the PM limit may also allow production seasons). Putting this as to warrant more time for compliance, some sources to comply using their together, it tentatively appears that either to develop necessary controls or existing PM control device. As a result, summer of 2015 would be an to otherwise significantly alter control they may be able to cancel a planned expeditious compliance date, and the strategy. Cf. PCA v. EPA, 655 F. 3d at upgrade to membrane fabric filters or a EPA is proposing to extend the existing 189. (Staying NESHAP standards for replacement of their existing device source compliance date until September clinker piles because ‘‘the standards with a new one. The PM standard also 9, 2015. could likely change substantially. Thus, applies to clinker coolers, and sources The EPA also solicits comment on a industry should not have to build may be able to meet the 0.07 lb/ton shorter extension. The industry here is expensive new containment structures clinker standard with an existing not starting from scratch. There should until the standard is finally control device for a clinker cooler. See be on-going planning to meet the determined’’). The EPA believes that PCA, The Impact of a Change in the standards promulgated in 2010 which may be the case here. Subject to Cement NESHAP PM limit on could shorten the time needed to come consideration of public comment, the Compliance Strategies and Schedules, into compliance with these proposed proposed amendments to the PM April 9, 2012; and PCA letter, revised standards (should the EPA standard could significantly alter Implications of Altered PM Limit on adopt them). Moreover, as explained compliance strategies for all of the PCA Technology Analysis, May 24, below, we calculate that sources will regulated HAP. The EPA is accordingly 2012. We note that in the database for need to design controls to meet virtually proposing that the compliance date for the 2010 standards, six cement kilns the same average performance for PM the PM, THC, mercury and HCl with ESP already were meeting the 0.07 under the proposed standard of 0.07 lb/ standards for existing sources for kilns, lb/ton clinker standard for PM which ton clinker (Method 5) as they would clinker coolers and raw material dryers we are proposing here. See Portland under the promulgated standard of 0.04 be extended until September 10, 2015, Cement Reconsideration TSD, Section 9. lb/ton clinker (30-day average). Again, a 2-year extension of the current The proposal to amend the standard for this could dovetail with on-going compliance date.14 We believe that this PM has implications for all of the compliance efforts and shorten the time date would require compliance ‘‘as standards, not just those for PM. The needed to come into compliance with a expeditiously as practicable’’ as standards for mercury, HCl and THC all revised standard. Consequently, the required by section 112 (i)(3)(A) of the rely (or may rely) on control strategies EPA solicits comment on a compliance Act.15 involving injection and removal of extension until September 2014 (1 year The EPA is proposing to amend the added particulates, whether in the form from the current compliance date). This standards for PM, changing the of activated carbon, or dry or wet type of extension would recognize that compliance regime from CEMS-based to sorbent injectant. See Docket item EPA– additional time for compliance is stack-test based, changing the averaging HQ–OAR–2002–0051–3438, section 2. A needed, and accommodate cement kilns’ time for compliance, and changing the change in the PM standard thus affects operating cycle (leaving winter months level of the standard. These proposed these collateral PM control strategies as for control equipment deployment), but changes, in and of themselves, may well. For example, it may be possible for recognize that the industry is not occasion the need for additional time to a single PM control device to meet the starting from scratch. Commenters study the possibility of different control proposed 0.07 lb/ton clinker standard should take into account that individual strategies than are available under the and also control the auxiliary PM sources could still apply to permit 2010 final rule. collected from control of the other HAP, writers for an additional extension of The EPA believes that different making polishing filters unnecessary.16 one year under section 112 (i)(3)(B) in compliance strategies may now be Conversely, a central baghouse to meet instances where it is not possible to available. The 2010 PM standard is a 0.07 lb/ton clinker standard may be install control equipment within the achievable but requires the most sized smaller, but this may necessitate specified period. advanced fabric filters, membrane bags, adding polishing filters to capture PM Notwithstanding that we believe that frequent bag replacement and from control of the other HAP. the proposed PM standard may create maintenance. See Docket item EPA– New compliance strategies require new and lower cost opportunities for HQ–OAR–2002–0051–3438. The time to implement. New engineering compliance, we believe the overall proposed standard of 0.07 lb/ton of studies are needed, potential suppliers emission reductions from the standard clinker (3-run stack test) may be identified, and a new bidding/ to be roughly the same (except that full achievable by other means. Potential procurement process undertaken. compliance will not occur until compliance strategies include use of Significant plant redesign, in the form of September 9, 2015 as noted below). We electrostatic precipitators (ESP) (or an new ductwork and new fan design, and believe that sources will still need to ESP with a polishing baghouse or changes in the main control equipment design to meet essentially the same cyclone), or using a different type of may be needed. See U.S. EPA, daily average as they would under the baghouse. Baghouses could, for Engineering and Economic Factors 2010 standard. That is, sources do not example, be sized smaller, could use Affecting the Installation of Control design to meet a standard, but rather to cloth rather than membrane bags, or Technologies for Multipollutant meet a level comfortably lower. They do Strategies, October 2002. Depending on so in order to provide a compliance 14 This date would be approximately 2 years and the type of control, this normally margin on those days where emissions 10 months from the December 20, 2012, signature rise due to inherent and uncontrollable date for final action called for in the draft requires 15–27 months. Multiple control settlement agreement between EPA and PCA. See systems will take longer. Id. Installation variability. See Docket item EPA–HQ– 77 FR 27055 (May 8, 2012). of controls at cement kilns normally OAR–2002–0051–3438, section 2. The 15 If the EPA were to adopt a THC standard of 15 occurs during winter months (to difference is too small to be reliably ppmvd (see section III.C.2 above), an extension of quantified. We have recalculated a 3 years from the date of final action would be design value (i.e. the level to which needed since many kilns’ control strategies for 16 The EPA did not believe this possible under the organics controlled would be fundamentally 2010 PM standard, and costed polishing filters in kilns would design to meet the existing altered. all instances. See EPA–HQ–OAR–2002–0051–3438. source standard) under the proposal.

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The calculated design value, which rule. See Portland Cement suggesting a directional difference in the reflects the average PM emissions from Reconsideration TSD section 9. These standards. Viewed as a type of the sources used to establish the floor in calculations are not so precise as to bounding, directional difference, the this proposed rule, would be 0.02655 lb/ reliably predict to the third decimal difference in design values would be ton clinker vs. a calculated design value point to the right of zero, so this approximately 1.7 percent. of 0.02296 lb/ton clinker under the final difference should be viewed as

TABLE 4—COMPARISON OF NATIONWIDE PM EMISSIONS FROM 2010 RULE TO THIS PROPOSED RULE [TSD, section 9]

2010 rule Proposed rule Increment

Emissions limit (lb/ton clinker ...... 0.04 30-day average ...... 0.07 average of three one-hour stack NA tests. MACT average emissions for compliance 0.02296 ...... 0.02655 ...... 0.00359 (lb/ton clinker. 2010 baseline emissions (tons/yr) ...... 10,326 ...... 10,326 ...... NA Nationwide emissions reduction (tons/yr) 9,489 ...... 9,354 ...... ¥135

Under the proposed revisions, full EPA’s view) without using collected under ‘‘mill off’’ conditions, compliance would occur in September, appropriately optimized baghouses and and to clarify use of PS 15. 2015, along with the costs and benefits membrane bags. If this is correct (and In the September 9, 2010, final rule associated with full compliance. the EPA solicits comment on the issue), we noted that raw material dryers have However, because facilities will begin then new sources would not need high O2 contents due to their inherent installing or retrofitting controls prior to additional time and would follow operation characteristics (and not due to the full compliance date, the full through on their present control the addition of dilution air). Referencing benefits and costs would be phased-in strategies. We also have performed the the raw material dryer standard to 7 over 2 years with the full benefits and same type of analysis regarding the percent O2 would actually result in a costs realized by 2015. design value to which new sources more stringent standard than for cement would need to design under this O. Eligibility To Be a New Source kilns. For example, given the typical O2 proposal, reflecting the average contents of kiln exhaust (7 to 12 The EPA is not proposing a new date performance of the best performing percent), a kiln just meeting the THC for new source eligibility. Thus, a similar source. We believe that there limit of 24 ppmvd would have an actual source which commenced construction, would be no change, corroborating our stack measurement of approximately 16 modification, or reconstruction after engineering judgment that new sources to 24 ppmvd. If the raw material dryer May 6, 2009, would remain subject to will adopt the same control strategy standard is referenced to the same O2 the new source standard. Section under the proposed standard as under level, they would have to meet a 112(a)(4) of the Act defines a new the promulgated standard. See Portland measured THC limit of approximately 3 source as a stationary source ‘‘the Cement Reconsideration TSD section 9. ppmvd. For this reason, we referenced construction or reconstruction of which Consequently, the EPA is not proposing the O2 level of the standard for raw is commenced after the Administrator to alter the new source eligibility date materials dryers to 19 percent O2, which first proposes regulations under this of May 6, 2009. is the typical O2 level found in the section establishing an emissions exhaust of these devices. However IV. Other Proposed Testing and standard applicable to such source.’’ industry commented that, due to these Monitoring Revisions The EPA views the new source high O2 contents, the inherit compliance date trigger (the date the Following the September 2010 measurement errors present in O2 EPA ‘‘first proposes regulations * * *.’’) promulgation of the final rule, we found monitors causes high variability in the to be the date the rulemaking record the following errors and omissions in correction factor, even with a 19 percent under which a standard is developed is the testing and monitoring provisions reference value, and in some cases proposed. See 74 FR 21158 (May 6, and are proposing to correct them. results in a negative factor. Given these • 2009). (This interpretation was not Equations for calculating rolling errors and the fact that raw materials challenged in the underlying operating day emissions rates. dryers operate at such high O • 2 rulemaking and the EPA is not Definition or procedures that concentrations during normal operation include extraneous wording. reopening it here, but rather is applying we are removing the O2 correction it.) Here the key record information is • Incorrect units in equations. • factors for raw material dryers. what new sources would need to do to Cross references and typographical The EPA is also proposing minor, comply and whether there is any errors in the rule. non-substantive changes to the change. It is the EPA’s initial technical We are proposing revisions that will provisions listed below. These changes judgment that new sources would have clarify that data collected as part of are largely for ease of readability or to adopt the same control strategy—use relative accuracy test audits and clarity, and do not reopen, reassess or of the same size fabric filter with performance tests are to be submitted to otherwise reconsider these provisions’ membrane bags—under an amended the EPA using their Electronic Reporting substance. The minor editorial and standard of 0.02 lb/ton clinker (stack Tool. For sources that are required to clarifying changes were made in the test) as they would under the monitor HCl emissions with a CEMS, following sections and paragraphs: promulgated standard of 0.01 lb/ton we are revising the requirements for • Section 60.62(d). clinker (30-day average). A standard of using HCl CEMS to define the span • Section 60.63(b)(1)(i) and (ii), (b)(2), 0.02 lb/ton clinker (stack test) remains value for this source category, to include (f)(1), (2), (4), (5), (h)(1) and (6) through very stringent and cannot be met (in the quality assurance measures for data (9), (i).

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• Section 60.64(b)(2). proposing to amend section 63.1355(f) VI. Summary of Cost, Environmental, • Section 60.66. for recordkeeping for events of startup Energy and Economic Impacts of • Section 63.1340(b)(6) through (8). and shutdown. Currently (f) requires a Proposed Amendments • Section 63.1346(a) and (c) through record of the occurrence and duration of (e). A. What are the affected sources? • each startup or shutdown. The EPA is Section 63.1348(a)(2), (3)(i) through proposing to refine this requirement As noted in the promulgated rule, the (iii), (a)(4)(i)(A), (a)(4)(ii) and (iv). based on the requirements applicable EPA estimates that by 2013 there will be • Section 63.1348(b)(1)(i), (iii) and 100 Portland cement manufacturing during periods of startup and shutdown. (iv). facilities located in the U.S. and Puerto • Section 63.1348(b)(3), (5), (6)(i), (8) Given that some affected sources under Rico that are expected to be affected by and (c)(2)(iv). subpart LLL are subject to a different that rule, and, that approximately 5 of • Section 63.1349(a), (b)(3), (d)(1) and standard during startup and shutdown, those facilities are complete new (d)(2) and (e). it will be important to know when such greenfield facilities. All these facilities • Section 63.1350(d)(1)(i) and (ii), (f), startup and shutdown periods begin and will operate 158 cement kilns and (f)(2)(i) and (iii), (f)(3), (f)(4), (g)(1) and end in order to determine compliance associated clinker coolers. Of these (2), (k), (m)(10) and (11), (o) and (p). with the appropriate standard. Thus, the kilns, 24 are CISWI kilns and have been • Section 63.1352(b). EPA is proposing to require that affected removed from our data set used to • Section 63.1356. sources subject to emission standards establish existing source floors. Based V. Other Changes and Areas Where We during startup or shutdown that differs on capacity expansion data provided by Are Requesting Comment from the emission standard that applies the PCA, by 2013 there will be 16 kilns at all other times (i.e., mercury and PM) and their associated clinker coolers We are also proposing amendments to must record the occurrence and subject to NESHAP new source clarify various requirements in this duration of such periods. The EPA is emission limits for mercury, HCl and proposed rule including issues of also proposing to add a requirement that THC, and seven kilns and clinker applicability, treatment of multiple sources record an estimate of the coolers subject to the amended NSPS for sources that vent to a single stack, third NOX and SO2. Some of these new kilns party certification, definitions, startup/ volume of emissions over the standard if the affected source fails to meet a will be built at existing facilities and shutdown reporting requirements, some at new greenfield facilities. malfunctions and use of bag leak standard during either startup or detection systems when PM CPMS are shutdown, and record the estimating B. How are the impacts for this proposal in use. We are also proposing to revise technique. evaluated? the definition of raw material dryer to The EPA is also proposing to amend For these proposed amendments, we clarify that they may be used for (g)(1) to obtain similar information on determined whether additional control removing the moisture from materials malfunction events. Currently this measures, work practices and other than kiln feed. paragraph requires the creation and monitoring requirements would be The EPA is proposing to amend retention of a record of the occurrence required by cement manufacturing 63.1354(c) for reporting startup, and duration of each malfunction of facilities to comply with the proposed shutdown and malfunctions when process, air pollution control and amendments. For any additional control measure, work practice or monitoring sources fail to meet a standard. We are monitoring equipment. The EPA is proposing language that requires requirement we determined the proposing that this requirement apply sources that deviate from a standard associated capital and annualized cost only to malfunctions that cause a failure during startup, shutdown or that would be incurred by facilities malfunction to report the information to meet an applicable standard and is required to implement the measures. concerning such events in semi-annual requiring that the source record date Finally, we considered the extent to compliance reports. We are proposing and time of the malfunction rather than which any facility in the industry would that the report must contain the number, ‘‘occurrence.’’ The EPA is also find it necessary to implement the duration and cause of such events proposing to add to (g) the requirement additional measures in order to comply (including unknown cause, if that sources keep records that include a with the proposed amendments. Using applicable), list the affected source or list of the affected source or equipment, this approach, we assessed potential equipment, the date and time that each an estimate of the volume of each impacts from the proposed revisions. event started and stopped, an estimate regulated pollutant emitted over the These proposed amendments affect of the volume of each regulated standard for which the source failed to the 2010 rule and are expected to result pollutant emitted over the emission meet a standard, and a description of in lower costs for the Portland cement limit for which the source failed to meet the method used to estimate the industry. We are evaluating the impacts a standard, and a description of the emissions. The EPA is proposing to of these proposed amendments relative method used to estimate the emissions. require that sources keep records of this to the impacts estimated for the 2010 We note that while malfunction information to ensure that there is final rule. As explained in section N events may also be reported under adequate information to determine above, the proposed amendment to the provisions related to assertion of an compliance during malfunction events, PM standard affords alternative affirmative defense, this separate to allow the EPA to determine the compliance opportunities for existing malfunction reporting requirement is severity of the failure to meet the sources which are less costly. These not redundant of the affirmative defense standard, and to provide data that may could be utilizing existing PM control devices rather than replacing them (for reporting requirement because reporting document how the source met the of malfunctions under the affirmative example, retaining an ESP or a smaller general duty to minimize emissions defense is not mandatory and would baghouse), or supplementing existing during recorded malfunction events. occur only if a source chooses to take PM control rather than replacing it advantage of the affirmative defense. (putting polishing controls ahead of the Changes to recordkeeping primary PM control device). requirements. The EPA is also Compliance strategies for the other

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HAP, all of which involve some element the additional industry burden For PM, the limit for existing sources of PM control, also may be affected. Cost associated with the affirmative defense would change from 0.04 lb/ton clinker savings from these alternatives could be provisions. We estimate the additional to 0.07 lb/ton clinker. The PM limit for significant. For example, we have cost is $3,142 per year for the entire new sources also would be changed to performed a case study from the data set industry. See Supporting Statement in 0.02 lb/ton clinker from 0.01 lb/ton used in the 2010 impacts analysis. the docket. One of the proposed clinker. The standard would be Under this proposed rule, an estimated revisions would allow sources that measured on a 3-run basis rather than 21 ESP-equipped kilns no longer need control acid gases, including HCl, with on a 30-day basis with a CEMS. The to install membrane bags on a dry caustic scrubbers to use periodic proposed changes in the PM standards, downstream polishing Fabric Filter (FF), performance testing and parameter while not considered significant in and one FF retain their standard fabric monitoring rather than with HCl CEMS. absolute terms, may result in a small bags rather than replacing them with This will provide those sources with increase in total nationwide emissions membrane bags. The difference in additional flexibility in complying with by allowing slightly more variability, annual cost for PM control under the the HCl standards. The proposed although we estimate that design values proposal scenario and the more revision to the alternative PM emissions will be essentially identical under the stringent 2010 scenario is $4.2 million limit provisions merely recognizes that 2010 and proposed standard. See per year. That is, under this proposed sources other than the clinker cooler section III.N above. As explained in the rule, the annual cost of compliance will may combine their exhaust with the kiln impacts analysis for the 2010 rule (see be $4.2 million less than under the 2010 exhaust gas and corrects the equation Docket item EPA–HQ–OAR–2002– rule under this scenario (see Portland for calculating the alternative limit. Cement Reconsideration TSD, section Therefore, there should be no impacts 0051–3438), emission reductions were 9). The EPA is not presently able to from this proposed revision. The estimated by comparing baseline further quantify potential costs of the proposal to use recordkeeping as the emissions to the long-term average proposed changes to the emission monitoring mechanism for the startup emissions of the MACT floor kilns. The standards. This is because the agency and shutdown standards should also average emissions, rather than the lacks the site-specific information result in cost savings because facilities emissions limit, must be used because necessary to make the engineering in the industry already keep records on to comply with the limit all or most of determinations as to how individual feed and fuel usage and they will not the time, emissions need to be reduced sources may choose to comply. There have to install and operate CEMS for to the average of the MACT floor kilns. are also certain costs, and cost savings, these periods. CEMS for monitoring all Under the 2010 rule, the average PM associated with other aspects of the HAP or HAP surrogates could cost each emissions from the existing floor kilns proposal. There may be a minor facility $569,000 in capital cost and were 0.02296 lb/ton clinker. Under the difference in costs of stack testing for annualized costs of $198,000. See EPA– reconsideration, the average PM PM and use of a CPMS, rather than use HQ–OAR–2002–0051–3438. emissions of the existing floor kilns is of a PM CEMS. However, since the PM The proposed revisions for new calculated to be 0.02655 lb/ton clinker CEMS would be calibrated based on testing and monitoring of coal mills that although, as noted, this difference is less stack testing, and the CPMS is the same use kiln exhaust gases to dry coal and than the normal analytic variability in type of device as a PM CEMS, the EPA exhaust through a separate stack are not PM measurement methods and so must does not believe there is any significant expected to have significant impacts. be viewed as directional rather than cost difference between these The proposed revision would make precisely quantitative. The average provisions. existing kilns that undergo a emissions for new kilns did not change The proposed revisions to the modification, as defined by NSPS, and we believe new sources will have alternative organic HAP standard (from subject to the NESHAP PM standard for to adopt identical control strategies as 9 ppm to 12 ppm, reflecting the analytic existing source rather than the PM limit under the promulgated standards. We, method practical quantitation limit) for new sources. This proposed revision therefore, are not estimating an emission would not require additional controls or is correcting an inadvertent conflict increase from new kilns. For existing monitoring. The EPA accordingly does between the two rules and will not kilns, with an increase in PM emissions not estimate that there would be any result in any impacts. under the proposed rule of 0.00359 lb/ cost (or emission reduction benefit) C. What are the air quality impacts? ton clinker compared to the 2010 rule, associated with this proposal. nationwide emissions of PM would The proposed revisions for open In these proposed amendments, increase by 135 tons per year (0.00359 clinker storage piles codify current emission limits for mercury, THC and × 75,355,116/2000). Thus, the EPA fugitive dust control measures already HCl are unchanged from the 2010 rule. estimates that the main effect of this required by most states, thus no impacts Thus, we expect no change in emissions proposed rule for PM will be to provide are expected. These proposed standards from the 2010 rule for these HAP and flexibility for those days when would be significantly less expensive HAP surrogates. The alternative HAP emissions increase as a result of normal than the controls for open piles in the organic standard would be amended to operating variability, but would not 2010 final rule, which required 12 ppm, but as this reflects the practical enclosures. quantitative limit of detection, it is not significantly alter long-term average Although we are reproposing the clear if additional emissions are performance for PM. affirmative defense provisions, impacts associated with the proposed standard Emission reductions under the 2010 were not accounted for in the 2010 since a lower standard would not be rule and the proposed rule, in 2015, are rulemaking. Thus, we have estimated measured reliably. compared in Table 5.

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TABLE 5—COMPARISON OF NATIONWIDE PM EMISSIONS FROM 2010 RULE TO PROPOSED RULE IN 2015

Kiln type 2010 rule Proposed rule Increment

Emissions limit (lb/ton clinker) Existing ...... 0.04 (30-day average with a 0.07 (3-run stack test) ...... NA CEMS). MACT average emissions for Existing ...... 0.02296 ...... 0.02655 ...... 0.00359 compliance (lb/ton clinker). 2010 baseline emissions ...... 10,326 ...... 10,326 ...... NA (tons/yr).

Nationwide emissions re- Total ...... 9,489 ...... 9,354 ...... ¥135 duction (tons/yr).

The EPA did not have sufficient from the increased electricity usage G. What are the energy impacts? information to quantify the overall associated with the operation of control change in emissions for 2013 to 2015 devices as well as water quality and As discussed in the preceding section, that might arise due to the proposed solid waste impacts (which were just because of the proposed revisions to the change in compliance dates. The EPA discussed) that will occur as a result of PM emission limits, some facilities may encourages comment on all aspects of these proposed revisions. Because we be able to develop more cost effective our analysis. are proposing revisions that reduce the compliance strategies. However, we cannot accurately predict the extent to D. What are the water quality impacts? stringency of the existing source emission limits PM from the which these site-specific compliance None of the amendments being promulgated 2010 limits, we believe strategies may increase or decrease proposed will have significant impacts that some facilities may be able to alter energy demands. on water quality. To the extent that the their strategy for complying with the proposed revision affecting dry caustic H. What are the cost impacts? standards for the four pollutants to scrubbers encourages their use, some achieve compliance at a lower cost than reduction in water consumption may Under the cost scenario discussed possible under the original standard. occur although we have no information above, we estimate that there could be These types of determinations will be upon which to base an estimate. savings of $12.2 million associated with made for each facility based on site- alternative compliance strategies for E. What are the solid waste impacts? specific characteristics such as process meeting amended PM standards and None of the amendments being type, equipment age, existing air making corresponding adjustments in proposed today are expected to have pollution controls, raw material and fuel compliance strategies for the other HAP. any solid waste impacts. characteristics, economic factors and Table 6 summarizes the costs and others. Therefore, we are not able to F. What are the secondary impacts? emissions reductions of this proposed reliably predict secondary impacts for action. Indirect or secondary air quality individual facilities or for the industry impacts include impacts that will result as a whole.

TABLE 6—COSTS AND EMISSIONS REDUCTIONS OF PROPOSED AMENDMENTS RELATIVE TO THE 2010 RULE abcde

Annualized Proposed amendment Capital cost cost Emissions reduction

Revised PM standard ...... ¥$18,640,106 ¥$4,200,000 ¥135 tons/yr (emissions increase) Replace PM CEMS with PM CPMS ...... 0 ¥7,980,000 0

Total ...... ¥18,640,106 ¥12,180,000 a See section III below for further discussion of impacts of the proposed amendments. b Negative numbers indicate cost savings or emissions increase. All costs are in 2005 dollars. c We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. d Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015. e Full compliance costs will not occur until September 9, 2015.

The cost information in Table 6 is in a continuous flow meter. The instead of CEMS, it is estimated that the 2005 dollars at a discount rate of 7 annualized cost of a flow meter is elimination of the PS correlation tests percent. The EPA did not have $11,000. We do not have information on will result in a savings of $60,000 per sufficient information to quantify the the number of such coal mills in the kiln. overall change in benefits or impacts in industry that would allow us to I. What are the health effects of these emissions for 2013 to 2015. calculate nationwide costs. We also pollutants? Though we are not proposing the coal estimate that there will be a one-time mill monitoring requirements in this cost of $25,000 for each facility to In this section, we provide a action, if we required it, sources with develop the calculation that will allow qualitative description of benefits integral coal mills that exhaust through them to demonstrate compliance during associated with reducing exposure to a separate exhaust could potentially periods of startup and shutdown. With PM2.5, HCl and mercury. Controls incur a capital cost of $36,000 to install the proposed change to PM CPMS installed to reduce HAP would also

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reduce ambient concentrations of PM2.5 induced type of asthma. Children may 2000. Based on these and other studies, as a co-benefit. Reducing exposure to be more vulnerable to corrosive agents the NRC concluded that ‘‘Although the PM2.5 is associated with significant than adults because of the relatively data base is not as extensive for human health benefits, including smaller diameter of their airways. cardiovascular effects as it is for other avoiding mortality and morbidity from Children may also be more vulnerable to end points (i.e. neurologic effects) the cardiovascular and respiratory illnesses. gas exposure because of increased cardiovascular system appears to be a Researchers have associated PM2.5 minute ventilation per kilograms and target for MeHg toxicity in humans and exposure with adverse health effects in failure to evacuate an area promptly animals.’’ The NRC also stated that numerous toxicological, clinical and when exposed. Hydrogen chloride has ‘‘additional studies are needed to better epidemiological studies (U.S. EPA, not been classified for carcinogenic characterize the effect of methylmercury 2009).17 When adequate data and effects.20 exposure on blood pressure and resources are available and an RIA is Mercury in the environment is cardiovascular function at various stages required, the EPA generally quantifies transformed into a more toxic form, of life.’’ several health effects associated with methylmercury (MeHg). Because Additional cardiovascular studies exposure to PM2.5 (e.g., U.S. EPA, mercury is a persistent pollutant, MeHg have been published since 2000. The 2011).18 These health effects include accumulates in the food chain, EPA did not to develop a quantitative premature mortality for adults and especially the tissue of fish. When dose-response assessment for infants, cardiovascular morbidities such people consume these fish, they cardiovascular effects associated with as heart attacks, hospital admissions, consume MeHg. In 2000, the NAS Study MeHg exposures, as there is no and respiratory morbidities such as was issued which provides a thorough consensus among scientists on the dose- asthma attacks, acute and chronic review of the effects of MeHg on human response functions for these effects. In bronchitis, hospital and emergency health (NRC, 2000).21 Many of the peer- addition, there is inconsistency among department visits, work loss days, reviewed articles cited in this section available studies as to the association restricted activity days, and respiratory are publications originally cited in the between MeHg exposure and various symptoms. Although the EPA has not MeHg Study. In addition, the EPA has cardiovascular system effects. The quantified certain outcomes including conducted literature searches to obtain pharmacokinetics of some of the adverse effects on birth weight, pre-term other related and more recent exposure measures (such as toenail births, pulmonary function and other publications to complement the material mercury levels) are not well understood. cardiovascular and respiratory effects, summarized by the NRC in 2000. The studies have not yet received the the scientific literature suggests that In its review of the literature, the review and scrutiny of the more well- exposure to PM2.5 is also associated with National Academy of Science (NAS) established neurotoxicity data base. The Mercury Study 22 noted that these impacts (U.S. EPA, 2009). PM2.5 found neurodevelopmental effects to be MeHg is not a potent mutagen but is also increases light extinction, which is the most sensitive and best documented capable of causing chromosomal an important aspect of visibility (U.S. endpoints and appropriate for damage in a number of experimental EPA, 2009). establishing an oral reference dose (RfD) systems. The NAS concluded that Hydrogen chloride (HCl) is a corrosive (National Research Council (NRC), evidence that human exposure to MeHg gas that can cause irritation of the 2000); in particular NAS supported the caused genetic damage is inconclusive; mucous membranes of the nose, throat use of results from neurobehavioral or they note that some earlier studies and respiratory tract. Brief exposure to neuropsychological tests. The NAS 35 ppm causes throat irritation, and showing chromosomal damage in report noted that studies in animals levels of 50 to 100 ppm are barely lymphocytes may not have controlled reported sensory effects as well as tolerable for 1 hour.19 The greatest sufficiently for potential confounders. effects on brain development and impact is on the upper respiratory tract; One study of adults living in the memory functions and support the exposure to high concentrations can Tapajo´s River region in Brazil (Amorim conclusions based on epidemiology rapidly lead to swelling and spasm of et al., 2000) reported a direct studies. The NAS noted that their the throat and suffocation. Most relationship between MeHg recommended endpoints for an RfD are seriously exposed persons have concentration in hair and DNA damage associated with the ability of children to immediate onset of rapid breathing, blue in lymphocytes; as well as effects on learn and to succeed in school. They coloring of the skin and narrowing of chromosomes.23 Long-term MeHg the bronchioles. Exposure to HCl can concluded the following: ‘‘The exposures in this population were lead to RADS, a chemically- or irritant- population at highest risk is the believed to occur through consumption children of women who consumed large of fish, suggesting that genotoxic effects 17 U.S. Environmental Protection Agency (U.S. amounts of fish and seafood during (largely chromosomal aberrations) may EPA). 2009. Integrated Science Assessment for pregnancy. The committee concludes result from dietary, chronic MeHg Particulate Matter (Final Report). EPA–600–R–08– that the risk to that population is likely exposures similar to and above those 139F. National Center for Environmental to be sufficient to result in an increase Assessment–RTP Division. Available on the seen in the Faroes and Seychelles Internet at http://cfpub.epa.gov/ncea/cfm/ in the number of children who have to populations. recordisplay.cfm?deid=216546. struggle to keep up in school.’’ Although exposure to some forms of 18 U.S. Environmental Protection Agency (U.S. The NAS summarized data on mercury can result in a decrease in EPA). 2011. Regulatory Impact Analysis for the cardiovascular effects available up to Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone in 22 U.S. Environmental Protection Agency (U.S. 27 States; Correction of SIP Approvals for 22 States. 20 U.S. Environmental Protection Agency (U.S. EPA). 1997. Mercury Study Report to Congress, Office of Air and Radiation, Research Triangle Park, EPA). 1995. Integrated Risk Information System File EPA–HQ–OAR–2009–0234–3054. December. NC. Available on the Internet at http://www.epa.gov of Hydrogen Chloride. Research and Development, Available on the Internet at http://www.epa.gov/hg/ /airtransport/pdfs/FinalRIA.pdf. National Center for Environmental Assessment, report.htm. 19 Agency for Toxic Substances and Disease Washington, DC. This material is available 23 Amorim, M.I.M., D. Mergler, M.O. Bahia, H. Registry (ATSDR). Medical Management Guidelines electronically at http://www.epa.gov/iris/subst/ Dubeau, D. Miranda, J. Lebel, R.R. Burbano, and M. for Hydrogen Chloride. Atlanta, GA: U.S. 0396.htm. Lucotte. 2000. Cytogenetic damage related to low Department of Health and Human Services. 21 National Research Council (NRC). 2000. levels of methyl mercury contamination in the Available online at http://www.atsdr.cdc.gov/mmg/ Toxicological Effects of Methylmercury. Brazilian Amazon. An. Acad. Bras. Science. 72(4): mmg.asp?id=758&tid=147#bookmark02. Washington, DC: National Academies Press. 497–507.

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immune activity or an autoimmune September 2010 final rule and can be limit. The estimate also includes time to response (ATSDR, 1999), evidence for found at: http://www.epa.gov/ttn/ecas/ produce and retain the record and immunotoxic effects of MeHg is limited regdata/RIAs/portlandcementfinal reports for submission to the EPA. The (NRC, 2000).24 ria.pdf. The benefits, cost and economic EPA provides this illustrative estimate Based on limited human and animal analysis for the first year of full of this burden because these costs are data, MeHg is classified as a ‘‘possible’’ compliance for the 2010 final rule are only incurred if there has been a human carcinogen by the International expected to be little changed for the first violation and a source chooses to take Agency for Research on Cancer (IARC, year of full compliance for this action. advantage of the affirmative defense. 1994) and in IRIS (U.S. EPA, 2002).25 26 Given the variety of circumstances The existing evidence supporting the B. Paperwork Reduction Act under which malfunctions could occur, possibility of carcinogenic effects in The information collection as well as differences among sources’ humans from low-dose chronic requirements in this proposed rule have operation and maintenance practices, exposures is tenuous. Multiple human been submitted for approval to the OMB we cannot reliably predict the severity epidemiological studies have found no under the Paperwork Reduction Act, 44 and frequency of malfunction-related significant association between mercury U.S.C. 3501 et seq. The Information excess emissions events for a particular exposure and overall cancer incidence, Collection Request (ICR) document source. It is important to note that the although a few studies have shown an prepared by the EPA has been assigned EPA has no basis currently for association between mercury exposure the EPA ICR number 1801.10 for the estimating the number of malfunctions and specific types of cancer incidence NESHAP and 1051.12 for the NSPS. The that would qualify for an affirmative (e.g., acute leukemia and liver cancer) information requirements are based on defense. Current historical records (NRC, 2000). notification, recordkeeping and would be an inappropriate basis, as There is also some evidence of reporting requirements in the NESHAP source owners or operators previously reproductive and renal toxicity in General Provisions (40 CFR part 63, operated their facilities in recognition humans from MeHg exposure. However, subpart A), which are mandatory for all that they were exempt from the overall, human data regarding operators subject to national emissions requirement to comply with emissions reproductive, renal, and hematological standards. These recordkeeping and standards during malfunctions. Of the toxicity from MeHg are very limited and reporting requirements are specifically number of excess emissions events are based on either studies of the two authorized by CAA section 114 (42 reported by source operators, only a high-dose poisoning episodes in Iraq U.S.C. 7414). All information submitted small number would be expected to and Japan or animal data, rather than to the EPA pursuant to the result from a malfunction (based on the epidemiological studies of chronic recordkeeping and reporting definition above), and only a subset of exposures at the levels of interest in this requirements for which a claim of excess emissions caused by analysis. confidentiality is made is safeguarded malfunctions would result in the source according to agency policies set forth in VII. Statutory and Executive Order choosing to assert the affirmative 40 CFR part 2, subpart B. Reviews defense. Thus we believe the number of We are proposing new paperwork instances in which source operators A. Executive Order 12866: Regulatory requirements for the Portland Cement might be expected to avail themselves of Planning and Review and Executive Manufacturing source category in the the affirmative defense will be Order 13563: Improving Regulation and form of a requirement to incorporate extremely small. Regulatory Review fugitive dust control measures for With respect to the Portland Cement Under Executive Order 12866 (58 FR clinker piles into their existing Manufacturing source category, the 51735, October 4, 1993), this action is a operations and maintenance plan. We emissions controls are operational ‘‘significant regulatory action’’ because are also proposing to use recordkeeping before the associated emission source(s) it raises novel legal or policy issues. as the means of monitoring compliance commence operation and remain Accordingly, the EPA submitted this with the startup and shutdown operational until after the associated action to the OMB for review under standards. emission source(s) cease operation. For this proposed rule, the EPA is also Executive Orders 12866 and 13563 (76 Also, production operations would not proposing to add an affirmative defense 3821, January 21, 2011) and any changes proceed or continue if there is a to the estimate of burden in the ICR. To made in response to OMB malfunction of a control device and the provide the public with an estimate of recommendations have been time required to shut down production the relative magnitude of the burden documented in the docket for this operations (i.e., on the order of a few associated with an assertion of the action. A RIA was prepared for the hours or a day) is small compared to the affirmative defense position adopted by averaging time of the emission a source, the EPA has provided 24 Agency for Toxic Substances and Disease standards (i.e., monthly averages). Thus, Registry (ATSDR). 1999. Toxicological Profile for administrative adjustments to this ICR we believe it is unlikely that a control Mercury. U.S. Department of Health and Human to show what the notification, device malfunction would cause an Services, Public Health Service, Atlanta, GA. recordkeeping and reporting exceedance of any emission limit. 25 U.S. Environmental Protection Agency (EPA). requirements associated with the Therefore, sources within this source 2002. Integrated Risk Information System (IRIS) on Methylmercury. National Center for Environmental assertion of the affirmative defense category are not expected to have any Assessment. Office of Research and Development. might entail. The EPA’s estimate for the need or use for the affirmative defense Available online at http://www.epa.gov/iris/subst/ required notification, reports and and we believe that there is no burden 0073.htm. records for any individual incident, to the industry for the affirmative 26 International Agency for Research on Cancer (IARC). 1994. IARC Monographs on the Evaluation including the root cause analysis, totals defense provisions in this proposed of Carcinogenic Risks to Humans and their $3,142 and is based on the time and rule. Supplements: Beryllium, Cadmium, Mercury, and effort required of a source to review We expect to gather information on Exposures in the Glass Manufacturing Industry. relevant data, interview plant such events in the future and will revise Vol. 58. Jalili, H.A., and A.H. Abbasi. 1961. Poisoning by ethyl mercury toluene sulphonanilide. employees, and document the events this estimate as better information Br. J. Indust. Med. 18(Oct.):303–308 (as cited in surrounding a malfunction that has becomes available. We estimate 86 NRC 2000). caused an exceedance of an emissions regulated entities are currently subject

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to subpart LLL and will be subject to all include small businesses, small tribal governments or the private sector. proposed standards. The annual organizations and small governmental Thus, this action is not subject to the monitoring, reporting and jurisdictions. requirements of sections 202 or 205 of recordkeeping burden for this collection For purposes of assessing the impact the UMRA. (averaged over the first 3 years after the of this rule on small entities, small This proposed rule is also not subject effective date of the standards) for these entity is defined as: (1) A small business to the requirements of section 203 of amendments to subpart LLL is estimated whose parent company has no more UMRA because it contains no regulatory to be $352,814 per year. This includes than 750 employees depending on the requirements that might significantly or 496 labor hours per year at a total labor size definition for the affected NAICS uniquely affect small governments cost of $47,806 per year, and total non- code, as defined by the Small Business because it contains no requirements that labor capital and operation and Administration size standards; (2) a apply to such governments nor does it maintenance costs of $305,008 per year. small governmental jurisdiction that is a impose obligations upon them. This estimate includes reporting and government of a city, county, town, E. Executive Order 13132: Federalism recordkeeping associated with the school district or special district with a proposed requirements for startup and population of less than 50,000; and (3) This proposed action does not have shutdown and outdoor clinker piles. a small organization that is any not-for- federalism implications. It will not have The total burden for the federal profit enterprise which is independently substantial direct effects on the states, government (averaged over the first 3 owned and operated and is not on the relationship between the national years after the effective date of the dominant in its field. government and the states or on the standard) is estimated to be 263 hours We estimate that 3 of the 26 existing distribution of power and per year at a total labor cost of $11,885 Portland cement entities are small responsibilities among the various per year. Burden is defined at 5 CFR entities. After considering the economic levels of government, as specified in 1320.3(b). impacts of this proposed rule on small Executive Order 13132. None of the An agency may not conduct or entities, I certify that this action will not affected facilities are owned or operated sponsor, and a person is not required to have a significant economic impact on by State governments. Thus, Executive respond to, a collection of information a substantial number of small entities. Order 13132 does not apply to this unless it displays a currently valid OMB Of the three affected small entities, all action. control number. The OMB control are expected to incur an annual In the spirit of Executive Order 13132, numbers for the EPA’s regulations in 40 compliance cost of less than 1.0 percent and consistent with the EPA policy to CFR are listed in 40 CFR part 9. of sales to comply with this proposed promote communications between the To comment on the agency’s need for rule (reflecting potential controls on EPA and state and local governments, this information, the accuracy of the piles, which are likely to have lower the EPA specifically solicits comment provided burden estimates, and any cost when compared to the 2010 rule on this proposed action from state and suggested methods for minimizing requirements because these plants local officials. respondent burden, the EPA has already have requirements for control of established a public docket for this piles in their Title V permits). F. Executive Order 13175: Consultation proposed rule, which includes this ICR, Although this proposed rule will not and Coordination With Indian Tribal under Docket ID number EPA–HQ– have a significant economic impact on Governments OAR–2011–0817. Submit any comments a substantial number of small entities, This action does not have tribal related to the ICR to the EPA and OMB. the EPA nonetheless has tried to reduce implications, as specified in Executive See the ADDRESSES section at the the impact of this proposed rule on Order 13175 (65 FR 67249, November 9, beginning of this notice for where to small entities. For example, we are 2000). Under the provisions of this submit comments to the EPA. Send proposing to expand the provision that proposed rule, there may be an increase comments to OMB at the Office of allows periodic HCl performance tests in mercury emissions and metal HAP Information and Regulatory Affairs, as an alternative to CEMS for sources emissions although any increase will be Office of Management and Budget, 725 equipped with wet scrubbers to also minimal because the same control 17th Street NW., Washington, DC 20503, apply to those sources that use dry technology that is necessary under the Attention: Desk Office for the EPA. sorbent injection. This proposed rule current NESHAP will be needed to meet Since OMB is required to make a would add an option for sources using the proposed emissions limits. The decision concerning the ICR between 30 wet or dry scrubbers for HCl control that more stringent limitations of fugitive and 60 days after July 18, 2012, a also use a CEMS for SO2. These sources dust emissions from open clinker piles comment to OMB is best assured of would now have the option of using may result in decreased risk to Indian having its full effect if OMB receives it their SO2 CEMS in conjunction with a tribal populations. Thus, Executive by August 17, 2012. The final rule will periodic stack test to demonstrate Order 13175 does not apply to this respond to any OMB or public compliance with the HCl standard. We action. comments on the information collection continue to be interested in the The EPA specifically solicits requirements contained in this proposal. potential impacts of the proposed rule additional comment on this proposed on small entities and welcome action from tribal officials. C. Regulatory Flexibility Act comments on issues related to such G. Executive Order 13045: Protection of The Regulatory Flexibility Act impacts. generally requires an agency to prepare Children From Environmental Health a regulatory flexibility analysis of any D. Unfunded Mandates Reform Act Risks and Safety Risks rule subject to notice and comment This action does not contain a federal The EPA interprets Executive Order rulemaking requirements under the mandate under the provisions of Title II 13045 (62 FR 19885, April 23, 1997) as Administrative Procedure Act or any of the Unfunded Mandates Reform Act applying to those regulatory actions that other statute unless the agency certifies of 1995 (UMRA), 2 U.S.C. 1531–1538 for concern health or safety risks, such that that the rule will not have a significant state, local or tribal governments or the the analysis required under section 5– economic impact on a substantial private sector. The action imposes no 501 of the Executive Order has the number of small entities. Small entities enforceable duties on any state, local or potential to influence the regulation.

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This action is not subject to Executive OAR–2002–0051–3415). The impacts of EEEE, tables 2 and 4 of subpart FFFF, Order 13045 because it is based solely the 2010 rule, which assumed full table 2 of subpart JJJJ, § 60.4415(a) of on technology performance. compliance, are expected to be subpart KKKK, § 60.2145(s) and, (t), unchanged as a result of this action. § 60.2710(s) (t), and (w), § 60.2730(q), H. Executive Order 13211: Actions Therefore, beginning from the date of § 60.4900(b), § 60.5220(b), tables 1 and 2 Concerning Regulations That Significantly Affect Energy Supply, full compliance, the EPA has to subpart LLLL, tables 2 and 3 to Distribution, or Use determined that this proposed rule will subpart MMMM, § 60.5406(c) and not have disproportionately high and § 60.5413(b). This proposed action is not a adverse human health or environmental * * * * * ‘‘significant energy action’’ as defined in effects on minority or low-income Executive Order 13211 (66 FR 28355 populations because it does not affect Subpart F—[Amended] (May 22, 2001)), because it is not likely the level of protection provided to to have a significant adverse effect on human health or the environment. The 3. Section 60.61 is amended by the supply, distribution, or use of full benefits of this proposed rule will adding paragraphs (e) and (f) to read as energy. The proposed amendments do not result until 2015 due to the follows: not require the use of additional proposed amended compliance date. § 60.61 Definitions. controls as compared to the 2010 rule The EPA has determined that the and may allow the industry to reduce its * * * * * proposed amended compliance date (e) Excess emissions means, with cost of compliance by increasing the will not result in disproportionately industry’s flexibility to institute respect to this subpart, results of any high and adverse human health or required measurements outside the different and less costly control environmental effects on minority or strategies than under the 2010 rule. applicable range (e.g., emissions low-income populations because the limitations, parametric operating limits) I. National Technology Transfer and demographic analysis showed that the that is permitted by this subpart. The Advancement Act average of populations in close values of measurements will be in the proximity to the sources, and thus most same units and averaging time as the Section 12(d) of the National likely to be affected by the sources, were Technology Transfer and Advancement values specified in this subpart for the similar in demographic composition to limitations. Act of 1995 (‘‘NTTAA’’), Public Law No. national averages. 104–113 (15 U.S.C. 272 note), directs (f) Operating day means a 24-hour the EPA to use voluntary consensus List of Subjects in 40 CFR Parts 60 period beginning at 12:00 midnight standards (VCS) in its regulatory and 63 during which the kiln operates at any time. For calculating rolling 30-day activities unless to do so would be Environmental protection, Air average emissions, an operating day inconsistent with applicable law or pollution control, Hazardous does not include the hours of operation otherwise impractical. VCS are substances, Incorporation by reference, during startup or shutdown. technical standards (e.g., materials Reporting and recordkeeping 4. Section 60.62 is amended by: specifications, test methods, sampling requirements. procedures and business practices) that a. Revising paragraphs (a)(1) and are developed or adopted by VCS Dated: June 22, 2012. (a)(2); bodies. NTTAA directs the EPA to Lisa P. Jackson, b. Adding paragraph (a)(1)(iii) provide Congress, through OMB, Administrator. c. Removing paragraph (b)(1)(i); explanations when the agency decides For the reasons stated in the d. Redesignating paragraph (b)(1)(ii) not to use available and applicable VCS. preamble, title 40, chapter I, of the Code as paragraph (b)(1)(i); This proposed rulemaking does not of Federal Regulations is proposed to be e. Revising paragraph (b)(1); involve technical standards. Therefore, amended as follows: f. Removing paragraph (b)(2); the EPA is not considering the use of g. Redesignating paragraphs (b)(3) and any voluntary consensus standards. PART 60—[AMENDED] (4) as (2) and (3); h. Revising paragraph (d); J. Executive Order 12898: Federal 1. The authority citation for part 60 The revisions and deletion read as Actions To Address Environmental continues to read as follows: follows: Justice in Minority Populations and Authority: 42 U.S.C. 7401 et seq. Low-Income Populations § 60.62 Standards. Executive Order 12898 (59 FR 7629) Subpart A—[Amended] (a) * * * (1) Contain particulate matter (PM) in (February 16, 1994) establishes federal 2. Section 60.17 is amended by excess of: executive policy on environmental revising paragraph (h)(4) to read as (i) [Reserved] justice. Its main provision directs follows: federal agencies, to the greatest extent (ii) 0.02 pound per ton of clinker if practicable and permitted by law, to § 60.17 Incorporations by reference. construction or reconstruction of the make environmental justice part of their * * * * * kiln commenced after June 16, 2008. mission by identifying and addressing, (h) * * * (iii) Kilns that have undergone a as appropriate, disproportionately high (4) ANSI/ASME PTC 19.10–1981, modification may not discharge into the and adverse human health or Flue and Exhaust Gas Analyses [Part 10, atmosphere any gases which contain PM environmental effects of their programs, Instruments and Apparatus] (issued in excess of 0.07 pound per ton of policies and activities on minority August 31, 1981), IBR approved for clinker. populations and low-income § 60.56c(b) of subpart Ec, § 60.63(f) of (2) [Reserved] populations in the United States. subpart F, § 60.106(e) of subpart J, * * * * * An analysis of demographic data was § 60.104a(d), (h), (i) and, (j), (b) On and after the date on which the prepared for the 2010 final rule and can § 60.105a(d), (f), and (g), § 60.106a(a), performance test required to be be found in the docket for that and § 60.107a(a), (c), (d), and (e) of conducted by § 60.8 is completed, you rulemaking (EPA-docket no. EPA–HQ– subpart Ja, tables 1 and 3 of subpart may not discharge into the atmosphere

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from any clinker cooler any gases using a kiln specific feed-to-clinker ratio exhaust may be done upstream of any which: based on reconciled clinker production commingled alkali bypass gases. (1) Contain PM in excess of: rates determined for accounting (e) You must install, operate, (i) 0.02 pound per ton of clinker if purposes and recorded feed rates. This calibrate, and maintain a CEMS for construction or reconstruction of the ratio should be updated monthly. Note continuously monitoring and recording clinker cooler commences after June 16, that if this ratio changes at clinker the concentration by volume of SO2 2008. reconciliation, you must use the new emissions into the atmosphere for any (ii) Clinker coolers that have ratio going forward, but you do not have kiln subject to the SO2 emissions limit undergone a modification may not to retroactively change clinker in § 60.62(a)(4). If you are complying discharge into the atmosphere any gases production rates previously estimated. with the alternative 90 percent SO2 which contain PM in excess of 0.07 (iii) For each kiln operating hour for emissions reduction emissions limit, pound per ton of clinker. which you do not have data on clinker you must also continuously monitor and * * * * * production or the amount of feed to the record the concentration by volume of (d) If you have an affected source kiln, use the value from the most recent SO2 present at the wet scrubber inlet. subject to this subpart with a different previous hour for which valid data are (f) The NOX and SO2 CEMS required emissions limit or requirement for the available. under paragraphs (d) and (e) of this same pollutant under another regulation (2) Determine, record, and maintain a section must be installed, operated and in title 40 of this chapter, you must record of the accuracy of the system of maintained according to Performance comply with the most stringent measuring hourly clinker production Specification 2 of appendix B of this emissions limit or requirement and are rates or feed rates before initial use (for part and the requirements in paragraphs not subject to the less stringent new sources) or by the effective (f)(1) through (5) of this section. (1) The span value of each NO CEMS requirement. compliance date of this rule (for existing X 5. Section 60.63 is amended by: sources). During each quarter of source monitor must be set at 125 percent of a. Revising paragraphs (b)(1)(i) and operation, you must determine, record, the maximum estimated hourly (b)(1)(ii); and maintain a record of the ongoing potential NOX emission concentration b. Adding paragraph (b)(1)(iii); accuracy of the system of measuring that translates to the applicable c. Revising paragraphs (b)(2) and hourly clinker production rates or feed emissions limit at full clinker (b)(3); rates. production capacity. d. Removing paragraph (b)(4); (3) If you measure clinker production (2) You must conduct performance e. Revising paragraphs (c) through (f); directly, record the daily clinker evaluations of each NOX CEMS monitor f. Revising paragraph (g) introductory production rates; if you measure the according to the requirements in text; kiln feed rates and calculate clinker § 60.13(c) and Performance g. Revising paragraph (g)(2); production, record the daily kiln feed Specification 2 of appendix B to this h. Revising paragraph (h) introductory and clinker production rates. part. You must use Methods 7, 7A, 7C, text; (c) PM Emissions Monitoring 7D, or 7E of appendix A–4 to this part i. Revising paragraphs (h)(1) and Requirements. (1) For each kiln or for conducting the relative accuracy (h)(6); clinker cooler subject to a PM emissions evaluations. The method ASME PTC j. Revising paragraph (h)(7) limit in § 60.62, you must demonstrate 19.10–1981, ‘‘Flue and Exhaust Gas introductory text; compliance through an initial Analyses,’’ (incorporated by reference— k. Revising paragraph (h)(8) performance test and you must monitor see § 60.17) is an acceptable alternative introductory text; continuous performance through use of to Method 7 or 7C of appendix A–4 to l. Revising paragraph (h)(9); a PM continuous parametric monitoring this part. m. Revising paragraph (i) introductory system (PM CPMS). (3) The span value for the SO2 CEMS text; and (2) For your PM CPMS, you will monitor is the SO2 emission n. Revising paragraph (i)(1) and establish a site-specific operating limit concentration that corresponds to 125 (i)(1)(i). corresponding to the highest 1-hour percent of the applicable emissions The revisions, addition, and deletions average PM CPMS output value limit at full clinker production capacity read as follows: recorded during the performance test and the expected maximum fuel sulfur demonstrating compliance with the PM content. § 60.63 Monitoring of operations. limit. You will conduct your (4) You must conduct performance * * * * * performance test using Method 5 at evaluations of each SO2 CEMS monitor (b) * * * appendix A–3 to part 60 of this chapter. according to the requirements in (1) * * * You will use the PM CPMS to § 60.13(c) and Performance (i) Install, calibrate, maintain, and demonstrate continuous compliance Specification 2 of appendix B to this operate a permanent weigh scale system with your operating limit. You must part. You must use Methods 6, 6A, or to measure and record weight rates of repeat the performance test annually 6C of appendix A–4 to this part for the amount of clinker produced in tons and reassess and adjust the site-specific conducting the relative accuracy of mass per hour. The system of operating limit in accordance with the evaluations. The method ASME PTC measuring hourly clinker production results of the performance test. 19.10–1981, ‘‘Flue and Exhaust Gas must be maintained within ±5 percent (d) You must install, operate, Analyses,’’ (incorporated by reference— accuracy or calibrate, and maintain a CEMS see § 60.17) is an acceptable alternative (ii) Install, calibrate, maintain, and continuously monitoring and recording to Method 6 or 6A of appendix A–4 to operate a permanent weigh scale system the concentration by volume of NOX this part. to measure and record weight rates of emissions into the atmosphere for any (5) You must comply with the quality the amount of feed to the kiln in tons kiln subject to the NOX emissions limit assurance requirements in Procedure 1 of mass per hour. The system of in § 60.62(a)(3). If the kiln has an alkali of appendix F to this part for each NOX measuring feed must be maintained bypass, NOX emissions from the alkali and SO2 CEMS, including quarterly within ±5 percent accuracy. Calculate bypass do not need to be monitored, and accuracy determinations for monitors, your hourly clinker production rate NOX emission monitoring of the kiln and daily calibration drift tests.

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(g) For each CPMS or CEMS required and 8.3 of Performance Specification 2 6. Section 60.64 is amended to read as under paragraphs (c) through (e) of this in appendix B to this part for a follows: section: discussion of CD). § 60.64 Test methods and procedures * * * * * * * * * * (2) You may not use data recorded (8) You must perform an initial (a) In conducting the performance during the monitoring system relative accuracy test of the flow rate tests and relative accuracy tests required malfunctions, repairs associated with monitoring system according to section in § 60.8, you must use reference monitoring system malfunctions, or 8.2 of Performance Specification 6 of methods and procedures and the test required monitoring system quality appendix B to this part, with the methods in appendix A of this part or assurance or control activities in exceptions noted in paragraphs (h)(8)(i) other methods and procedures as calculations used to report emissions or and (ii) of this section. specified in this section, except as operating levels. A monitoring system * * * * * provided in § 60.8(b). malfunction is any sudden, infrequent, (9) You must verify the accuracy of (b) You must demonstrate compliance not reasonably preventable failure of the the flow rate monitoring system at least with the PM standards in § 60.62 monitoring system to provide valid data. once per year by repeating the relative according to paragraphs (b)(1)(i) through Monitoring system failures that are accuracy test specified in paragraph (iv) of this section. caused in part by poor maintenance or (h)(8) of this section. (1)(i) In using a PM CPMS to careless operation are not malfunctions. * * * * * demonstrate compliance, you must An owner or operator must use all the establish your PM CPMS operating limit data collected during all other periods (i) Development and Submittal (Upon Request) of Monitoring Plans. If you and determine compliance with it in reporting emissions or operating according to paragraphs (b)(1)(ii) levels. demonstrate compliance with any applicable emissions limit through through (iv) of this section. * * * * * performance stack testing or other (ii) During the initial performance test (h) You must install, operate, emissions monitoring (including PM or any such subsequent performance calibrate, and maintain instruments for test that demonstrates compliance with continuously measuring and recording CPMS), you must develop a site-specific monitoring plan according to the the PM limit, record all hourly average the stack gas flow rate to allow output values (e.g., milliamps, stack determination of the pollutant mass requirements in paragraphs (i)(1) concentration, or other raw data signal) emissions rate to the atmosphere for through (4) of this section. This from the PM CPMS for the periods each kiln subject to the PM emissions requirement also applies to you if you corresponding to the test runs (e.g., limits in § 60.62(a)(1) (ii) and (b)(1)(ii), petition the EPA Administrator for alternative monitoring parameters under three 1-hour average PM CPMS output the NOX emissions limit in § 60.62(a)(3), paragraph (h) of this section and values for three 1-hour test runs). or the SO2 emissions limit in § 60.62(a)(4) according to the § 63.8(f). If you use a bag leak detector (iii) Determine your operating limit as requirements in paragraphs (h)(1) system (BLDS), you must also meet the the highest 1-hour average PM CPMS through (10), where appropriate, of this requirements specified in paragraph output value recorded during the section. § 63.1350(m)(10) of this chapter. performance test. You must verify an (1) The owner or operator must install (1) For each continuous monitoring existing or establish a new operating each sensor of the flow rate monitoring system (CMS) required in this section, limit after each repeated performance system in a location that provides you must develop, and submit to the test. representative measurement of the permitting authority for approval upon (iv) To determine continuous exhaust gas flow rate at the sampling request, a site-specific monitoring plan compliance, you must record the PM location of the NOX and/or SO2 CEMS, that addresses paragraphs (i)(1)(i) CPMS output data for all periods when taking into account the manufacturer’s through (iii) of this section. You must the process is operating and the PM recommendations. The flow rate sensor submit this site-specific monitoring CPMS is not out-of-control. You must is that portion of the system that senses plan, if requested, at least 30 days before demonstrate continuous compliance by the volumetric flow rate and generates the initial performance evaluation of using all quality-assured hourly average an output proportional to that flow rate. your CMS. data collected by the PM CPMS for all * * * * * (i) Installation of the CMS sampling operating hours to calculate the (6) The flow rate monitoring system probe or other interface at a arithmetic average operating parameter must be designed to measure a measurement location relative to each in units of the operating limit (e.g., minimum of one cycle of operational affected process unit such that the milliamps, PM concentration, raw data flow for each successive 15-minute measurement is representative of signal) on a 30 operating day rolling period. control of the exhaust emissions (e.g., average basis, updated at the end of (7) The flow rate sensor must be able on or downstream of the last control each new kiln operating day. Use to determine the daily zero and upscale device); Equation 2 to determine the 30 kiln calibration drift (CD) (see sections 3.1 * * * * * operating day average.

Where: Hpvi = The hourly parameter value for hour n = The number of valid hourly parameter i and values collected over 30 kiln operating days.

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(2) Use Method 9 and the procedures limit must follow the appropriate procedures in paragraphs (i) through (ii) in § 60.11 to determine opacity. monitoring procedures in § 63.1350(f), of this section. (3) Any sources other than kilns (m)(1)through(m)(4), (m)(10) through (i) Calculate the rolling 30 kiln (including associated alkali bypass and (11), (o), and (p) of this chapter. operating day average emissions clinker cooler) that are major sources as (c) Calculate and record the rolling 30 according to equation 3: defined in § 63.2 of this chapter and that kiln operating day average emission rate are subject to the 10 percent opacity daily of NOX and SO2 according to the

Where: described earlier in this paragraph. At kiln emissions or in the venting of

E30D = 30 kiln operating day average emission the discretion of the delegated authority, emissions directly to the atmosphere. rate of NOX or SO2, lb/ton of clinker; you must also submit these reports, (c) The requirements of this section Ci = Concentration of NOX or SO2 for hour including the confidential business remain in force until and unless the i, ppm; information, to the delegated authority Agency, in delegating enforcement Qi = volumetric flow rate of effluent gas for in the format specified by the delegated authority to a State under section 111(c) hour i, where authority. of the Clean Air Act, 42 U.S.C. 7411, Ci and Qi are on the same basis (either wet approves reporting requirements or an or dry), scf/hr; (2) Within 60 days after the date of completing each CEMS performance alternative means of compliance Pi = total kiln clinker produced during surveillance adopted by such States. In production hour i, ton/hr; and evaluation test (see § 60.13), you must ¥7 that event, affected sources within the k = conversion factor, 1.194 × 10 for NOX submit the relative accuracy test audit ¥7 State will be relieved of the obligation and 1.660 × 10 for SO2. data electronically into the EPA’s n = number of kiln operating hours over 30 Central Data Exchange by using the to comply with this section, provided kiln operating days, n = 1 to 720. Electronic Reporting Tool as mentioned that they comply with the requirements in paragraph (d)(1) of this section. Only established by the State. (ii) For each kiln operating hour for 8. Section 60.66 is amended by which you do not have at least one valid data collected using test methods compatible with ERT are subject to this revising paragraph (b) introductory text 15-minute CEMS data value, use the to read as follows: average emissions rate (lb/hr) from the requirement to be submitted most recent previous hour for which electronically to the EPA’s CDX. § 60.66 Delegation of authority. valid data are available. (3) All reports required by this * * * * * (d)(1) Within 60 days after the date of subpart not subject to the requirements (b) In delegating implementation and completing each performance test(see in paragraphs (d)(1) and (2) of this enforcement authority to a State, local, § 60.8) as required by this subpart you section must be sent to the or tribal agency, the approval authorities must submit the results of the Administrator at the appropriate contained in paragraphs (b)(1) through performance tests conducted to address listed in § 63.13. The (4) of this section are retained by the demonstrate compliance under this Administrator or the delegated authority Administrator of the U.S EPA and are subpart to the EPA’s WebFIRE database may request a report in any form not transferred to the State, local, or by using the Compliance and Emissions suitable for the specific case (e.g., by tribal agency. Data Reporting Interface (CEDRI) that is commonly used electronic media such * * * * * accessed through the EPA’s Central Data as Excel spreadsheet, on CD or hard Exchange (CDX)(www.epa.gov/cdx). copy). The Administrator retains the PART 63—[AMENDED] right to require submittal of reports Performance test data must be submitted 9. The authority citation for part 63 subject to paragraph (d)(1) and (2) of in the file format generated through use continues to read as follows: of the EPA’s Electronic Reporting Tool this section in paper format. (ERT) (see http://www.epa.gov/ttn/chief/ 7. Section 60.65 is revised to read as Authority: 42 U.S.C. 7401, et seq. ert/index.html). Only data collected follows: 10. Section 63.14 is amended by using test methods on the ERT Web site revising paragraph (b)(54) to read as are subject to this requirement for § 60.65 Recordkeeping and reporting follows: requirements. submitting reports electronically to WebFIRE. Owners or operators who (a) Each owner or operator required to § 63.14 Incorporations by reference. claim that some of the information being install a CPMS or CEMS under sections * * * * * submitted for performance tests is § 60.63(c)–(e) shall submit reports of (b) * * * confidential business information (CBI) excess emissions. The content of these (54) ASTM D6348–03, Standard Test must submit a complete ERT file reports must comply with the Method for Determination of Gaseous including information claimed to be CBI requirements in § 60.7(c). Compounds by Extractive Direct on a compact disk or other commonly Notwithstanding the provisions of Interface Fourier Transform Infrared used electronic storage media § 60.7(c), such reports shall be (FTIR) Spectroscopy, approved 2003, (including, but not limited to, flash submitted semiannually. IBR approved for § 63.1349(b) of subpart drives) to the EPA. The electronic media (b) Each owner or operator of facilities LLL, table 4 to subpart DDDD, and table must be clearly marked as CBI and subject to the provisions of § 60.63(c)– 8 of subpart HHHHHHH of this part. mailed to U.S. EPA/OAPQS/CORE CBI (e) shall submit semiannual reports of * * * * * Office, Attention: WebFIRE the malfunction information required to Subpart LLL—[Amended] Administrator, MD C404–02, 4930 Old be recorded by § 60.7(b). These reports Page Rd., Durham, NC 27703. The same shall include the frequency, duration, 11. Section 63.1340 is amended by ERT file with the CBI omitted must be and cause of any incident resulting in a. Revising paragraphs (b)(6) through submitted to the EPA via CDX as deenergization of any device controlling (b)(9); and

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b. Revising paragraph (c). requirement or obligation established by average emissions, kiln operating days The revisions read as follows: this subpart including, but not limited do not include the hours of operation to, any emission limit, operating limit, during startup or shutdown. § 63.1340 What parts of my plant does this work practice standard, or monitoring subpart cover? * * * * * requirement; or (ii) Fails to meet any * * * * * term or condition that is adopted to Raw material dryer means an impact (b) * * * implement an applicable requirement in dryer, drum dryer, paddle-equipped (6) Each raw material, clinker, or this subpart and that is included in the rapid dryer, air separator, or other finished product storage bin at any operating permit for any affected source equipment used to reduce the moisture portland cement plant that is a major required to obtain such a permit. A content of feed or other materials. source; deviation is not always a violation. * * * * * (7) Each conveying system transfer point including those associated with * * * * * Startup and shutdown means the In-line coal mill means those coal coal preparation used to convey coal periods of kiln operation that do not mills using kiln exhaust gases in their from the mill to the kiln at any portland include normal operations. Startup process. Coal mills with a heat source cement plant that is a major source; begins when the kiln’s induced fan is other than the kiln or coal mills using (8) Each bagging and bulk loading and turned on and continues until exhaust gases from the clinker cooler are unloading system at any portland continuous feed is introduced into the not an in-line coal mill. cement plant that is a major source; and kiln. Shutdown begins when feed to the (9) Each open clinker storage pile at * * * * * kiln is halted. Kiln means a device, including any any portland cement plant. * * * * * (c) Onsite sources that are subject to associated preheater or precalciner standards for nonmetallic mineral devices, inline raw mills, inline coal Total organic HAP means, for the processing plants in subpart OOO, part mills or alkali bypasses that produces purposes of this subpart, the sum of the 60 of this chapter are not subject to this clinker by heating limestone and other concentrations of compounds of subpart. Crushers are not covered by materials for subsequent production of formaldehyde, benzene, toluene, this subpart regardless of their location. portland cement. Because the inline raw styrene, m-xylene, p-xylene, o-xylene, mill and inline coal mill are considered acetaldehyde, and naphthalene as * * * * * an integral part of the kiln, for purposes measured by EPA Test Method 320 or 12. Section 63.1341 is amended by: of determining the appropriate a. Deleting definitions of ‘‘Enclosed Method 18 of appendix A to this part or emissions limit, the term kiln also storage pile,’’ and ‘‘Inactive clinker ASTM D6348–03 or a combination of applies to the exhaust of the inline raw pile;’’ these methods, as appropriate. When mill and the inline coal mill. b. Adding a definition for using ASTM D6348–03, the following ‘‘Deviation,’’ ‘‘In-line coal mill,’’ ‘‘Open * * * * * conditions must be met: (1) The test clinker storage pile,’’ and ‘‘Startup and New source means any source that plan preparation and implementation in shutdown;’’ in alphabetical order and commenced construction after May 6, the Annexes to ASTM D6348–03, c. Revising definitions for ‘‘Kiln,’’ 2009, for purposes of determining the Sections A1 through A8 are mandatory; ‘‘New source,’’ ‘‘Operating day,’’ ‘‘Raw applicability of the kiln, clinker cooler (2) For ASTM D6348–03 Annex A5 material dryer,’’ and ‘‘Total organic and raw material dryer emissions limits (Analyte Spiking Technique), the HAP,’’ in alphabetical order. for mercury, PM, THC, and HCl. percent (%) R must be determined for The deletions, additions and revisions * * * * * each target analyte (see Equation A5.5); read as follows: Open clinker storage pile means any (3) For the ASTM D6348–03 test data to clinker storage pile that is not be acceptable for a target analyte, %R § 63.1341 Definitions. completely enclosed in a building or must be 70% ≥ R ≤ 130%; and (4) The * * * * * structure. %R value for each compound must be Deviation means any instance in Operating day means any 24-hour reported in the test report and all field which an affected source subject to this period beginning at 12:00 midnight measurements corrected with the subpart, or an owner or operator of such during which the kiln operates for any calculated %R value for that compound a source: (i) Fails to meet any time. For calculating the rolling 30-day using the following equation:

If measurement results for any pollutant may include a combination of method § 63.1343 What standards apply to my are reported as below the method detection level data and analytical data kilns, clinker coolers, raw material dryers, detection level (e.g., laboratory reported above the method detection and open clinker piles? analytical results for one or more level. The owner or operator of an (a) General. The provisions in this sample components are below the affected source may request the use of section apply to each kiln and any alkali method defined analytical detection other test methods to make this bypass associated with that kiln, clinker cooler, and raw material dryer. All D/F, level), you must use the method determination under paragraphs HCl, and total hydrocarbon (THC) detection level as the measured 63.7(e)(2)(ii) and (f) of this part. emissions limit are on a dry basis. The emissions level for that pollutant in * * * * * D/F, HCl, and THC limits for kilns are calculating the total organic HAP value. 13. Section 63.1343 is revised to read corrected to 7 percent oxygen. All THC The measured result for a multiple as follows: emissions limits are measured as component analysis (e.g., analytical propane. Standards for mercury and values for multiple Method 18 fractions) THC are based on a rolling 30-day

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average. If using a CEMS to determine shutdown. All emissions limits for (b) Kilns, clinker coolers, raw material compliance with the HCl standard, this kilns, clinker coolers, and raw material dryers, raw mills, and finish mills. standard is based on a rolling 30-day dryers currently in effect that are (1) The emissions limits for these average. You must ensure appropriate superseded by the limits below continue sources are shown in Table 1 below. PM corrections for moisture are made when to apply until the compliance date of limits for existing kilns also apply to measuring flow rates used to calculate the limits below, or until the source kilns that have undergone a mercury emissions. The 30-day period certifies compliance with the limits modification as defined in subpart A of means 30 consecutive kiln operating below, whichever is earlier. days excluding periods of startup and part 60 of title 40.

TABLE 1—EMISSIONS LIMITS FOR KILNS, CLINKER COOLERS, RAW MATERIAL DRYERS, RAW AND FINISH MILLS

The oxygen And the operating mode Your emissions And the units of correction If your source is a (an): is: And if is located at a: limits are: the emissions factor limit are: percent is:

1. Existing kiln ...... Normal operation ...... Major or area source ...... PM 1 0.07 ...... lb/ton clinker ...... NA D/F 2 0.2 ...... ng/dscm ...... 7 Mercury 55 ...... lb/MMtons clinker NA THC 3424 ...... ppmvd ...... 7 2. Existing kiln ...... Normal operation ...... Major source ...... HCl 3 ...... ppmvd ...... 7 3. Existing kiln ...... Startup and shutdown ...... Major or area source ...... PM 0.04 ...... gr/dscf ...... NA D/F 0.2 ...... ng/dscm (TEQ) ... NA Mercury 10 ...... ug/dscm ...... NA THC 24 ...... ppmvd ...... NA 4. Existing kiln ...... Startup and shutdown ...... Major source ...... HCl 3 ...... ppmvd ...... NA 5. New kiln ...... Normal operation ...... Major or area source ...... PM 0.02 ...... lb/ton clinker ...... NA D/F 1 0.2 ...... ng/dscm ...... 7 Mercury 21 ...... lb/MM tons clinker NA THC 34 24 ...... ppmvd ...... 7 6. New kiln ...... Normal operation ...... Major source ...... HCl 3 ...... ppmvd ...... 7 7. New kiln ...... Startup and shutdown ...... Major or area source ...... PM 0.0008 ...... gr/dscf ...... NA D/F 0.2 ...... ng/dscm (TEQ) ... NA Mercury 4 ...... ug/dscm ...... NA THC 24 ...... ppmvd ...... NA 8. New kiln ...... Startup and shutdown ...... Major source ...... HCl 3 ...... ppmvd ...... NA 9. Existing clinker cooler .... Normal operation ...... Major or area source ...... PM 0.07 ...... lb/ton clinker ...... NA 10. Existing clinker cooler .. Startup and shutdown ...... Major or area source ...... PM 0.004 ...... gr/dscf ...... NA 11. New clinker cooler ...... Normal operation ...... Major or area source ...... PM 0.02 ...... lb/ton clinker ...... NA 12. New clinker cooler ...... Startup and shutdown ...... Major or area source ...... PM 0.0008 ...... gr/dscf ...... NA 13. Existing or new raw Normal operation ...... Major or area source ...... THC 34 24 ...... ppmvd ...... NA material dryer. 14. Existing or new raw Startup and shutdown ...... Major or area source ...... THC 24 ...... ppmvd ...... NA material dryer. 15. Existing or new raw or All operating modes ...... Major source ...... Opacity 10 ...... percent ...... NA finish mill. 16. Open clinker storage All operating modes ...... Major or area source ...... Work practices NA ...... NA piles. (63.1343(c)). 1 The initial and subsequent PM performance tests are performed using Method 5 and consists of three 1-hr tests. 2 If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 °F or less this limit is changed to 0.040 ng/dscm. 3 Measured as propane. 4 Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.

(2) When there is an alkali bypass combine the clinker cooler exhaust and/ alternative PM emissions limit. This associated with a kiln, the combined PM or coal mill with the kiln exhaust for limit is calculated using equation 1 of emissions from the kiln and the alkali energy efficiency purposes and send the this section: bypass stack are subject to the PM combined exhaust to the PM control emissions limit. Existing kilns that device as a single stream may meet an

Where: 1.65 = The conversion factor of lb feed per Qcm = The exhaust flow of the coal mill

PMalt = Alternative PM emission limit for lb clinker. (dscf/ton feed). commingled sources. Qk = The exhaust flow of the kiln (dscf/ton 7000 = The conversion factor for grains (gr) 0.006 = The PM exhaust concentration (gr/ raw feed). per lb. Qc = The exhaust flow of the clinker cooler dscf) equivalent to 0.070 lb per ton For new kilns that combine kiln exhaust (dscf/ton feed). clinker where clinker cooler and kiln and clinker cooler gas the limit is calculated Qab = The exhaust flow of the alkali bypass using the equation 2 of this section: exhaust gas are not combined. (dscf/ton feed).

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Where: 14. Section 63.1344 is amended by (7) Your actions in response to the PMalt = Alternative PM emission limit for revising the section heading and violation were documented by properly commingled sources. revising the section to read as follows: signed, contemporaneous operating 0.002 = The PM exhaust concentration (gr/ logs; and dscf) equivalent to 0.020 lb per ton § 63.1344 Affirmative defense for violation clinker where clinker cooler and kiln of emissions limit during malfunction. (8) At all times, the affected source was operated in a manner consistent exhaust gas are not combined. In response to an action to enforce the 1.65 = The conversion factor of lb feed per with good air pollution control practice standards set forth in paragraph lb clinker. for minimizing emissions; and § 63.1343(b) you may assert an Qk = The exhaust flow of the kiln (dscf/ton (9) A written root cause analysis has feed). affirmative defense to a claim for civil Qc = The exhaust flow of the clinker cooler penalties for violations of such been prepared, the purpose of which is (dscf/ton feed). standards that are caused by to determine, correct, and eliminate the Qab = The exhaust flow of the alkali bypass malfunction, as defined at 40 CFR 63.2. primary causes of the malfunction and (dscf/ton feed). Appropriate penalties may be assessed, the violation resulting from the Qcm = The exhaust flow of the coal mill however, if the respondent fails to meet malfunction event at issue. The analysis (dscf/ton feed). shall also specify, using best monitoring 7000 = The conversion factor for gr per lb. its burden of proving all of the requirements in the affirmative defense. methods and engineering judgment, the (c) Open Clinker Piles. The owner or The affirmative defense shall not be amount of any emissions that were the operator of an open clinker pile must available for claims for injunctive relief. result of the malfunction. prepare and operate in accordance with (a) To establish the affirmative (b) Report. The owner or operator the fugitive dust emissions control defense in any action to enforce such a seeking to assert an affirmative defense measures, described in their operation standard, you must timely meet the shall submit a written report to the and maintenance plan (see § 63.1347 of notification requirements in paragraph Administrator with all necessary this subpart), that is appropriate for the (b) of this section, and must prove by a supporting documentation, that it has site conditions as specified in preponderance of evidence that: met the requirements set forth in paragraphs (c)(1) and (2) of this (1) The violation: paragraph (a) of this section. This paragraph. (i) Was caused by a sudden, affirmative defense report shall be (1) The operations and maintenance infrequent, and unavoidable failure of included in the semiannual report plan must identify and describe the air pollution control and monitoring required by section 63.1354(b)(9). The fugitive dust emissions control equipment, process equipment, or a affirmative defense report shall be measures the owner or operator will use process to operate in a normal or usual included in the first semiannual, to minimize fugitive dust emissions manner, and deviation report or excess emission from each open clinker storage pile. (ii) Could not have been prevented report otherwise required after the (2) For open clinker storage piles, the through careful planning, proper design initial occurrence of the violation of the operations and maintenance plan must or better operation and maintenance relevant standard (which may be the specify that one or more of the following practices; and end of any applicable averaging period). control measures will be used to (iii) Did not stem from any activity or If such compliance, deviation report or minimize to the greatest extent event that could have been foreseen and excess the semiannual report is due less practicable fugitive dust from open avoided, or planned for; and than 45 days after the initial occurrence clinker storage piles: Locating the (iv) Was not part of a recurring pattern of the violation, the affirmative defense source inside a partial enclosure, indicative of inadequate design, report may be included in the second installing and operating a water spray or operation, or maintenance; and semiannual compliance, deviation fogging system, applying appropriate (2) Repairs were made as report or excess emission report due chemical dust suppression agents on the expeditiously as possible when a after the initial occurrence of the source, use of a wind barrier, violation occurred. Off-shift and violation of the relevant standard. compaction, or use of a vegetative cover. overtime labor were used, to the extent 15. Section 63.1345 is amended by The owner or operator must select, for practicable to make these repairs; and revising the section heading and inclusion in the operations and (3) The frequency, amount and revising the section to read as follows: maintenance plan, the fugitive dust duration of the violation (including any control measure or measures listed in bypass) were minimized to the § 63.1345 Emissions limits for affected this paragraph that are most appropriate maximum extent practicable; and sources other than kilns; clinker coolers; for site conditions. The plan must also (4) If the violation resulted from a new and reconstructed raw material dryers; and open clinker piles. explain how the measure or measures bypass of control equipment or a selected are applicable and appropriate process, then the bypass was The owner or operator of each new or for site conditions. In addition, the plan unavoidable to prevent loss of life, existing raw material, clinker, or must be revised as needed to reflect any personal injury, or severe property finished product storage bin; conveying changing conditions at the source. damage; and system transfer point; bagging system; (d) Emission limits in effect prior to (5) All possible steps were taken to bulk loading or unloading system; raw September 9, 2010. Any source defined minimize the impact of the violation on and finish mills; and each existing raw as an existing source in § 63.1351, and ambient air quality, the environment material dryer, at a facility which is a that was subject to a PM, mercury, THC, and human health; and major source subject to the provisions of D/F, or opacity emissions limit prior to (6) All emissions monitoring and this subpart must not cause to be September 9, 2010, must continue to control systems were kept in operation discharged any gases from these affected meet the limits shown in Table 2 to this if at all possible consistent with safety sources which exhibit opacity in excess section until September 9, 2015. and good air pollution control practices; of 10 percent. * * * * * and 16. Section 63.1346 is amended by:

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a. Revising paragraph (a) introductory contains documentation of key demonstrate compliance with the text; parameters that affect adsorption and emissions standards and operating b. Revising paragraph (a)(1); and the owner or operator establishes limits limits by using the test methods and c. Revising paragraphs (c) through (f). based on those parameters, and the procedures in §§ 63.1349 and 63.7. The revisions read as follows: limits on these parameters are Note: The first day of the 30 operating day § 63.1346 Operating limits for kilns. maintained. performance test is the first day following (e) For an affected source subject to a (a) The owner or operator of a kiln completion of the field testing and data D/F emissions limitation under collection that demonstrates that the CPMS subject to a D/F emissions limitation § 63.1343 that employs carbon injection or CEMS has satisfied the relevant CPMS under § 63.1343 must operate the kiln as an emission control technique you performance evaluation or CEMS such that the temperature of the gas at may substitute, at any time, a different performance specification (e.g., PS 2, 12A, or the inlet to the kiln PM control device brand or type of sorbent provided that 12B) acceptance criteria. The performance (PMCD) and alkali bypass PMCD, if test period is complete at the end of the 30th the replacement has equivalent or applicable, does not exceed the consecutive operating day. See § 63.1341 for improved properties compared to the applicable temperature limit specified definition of operating day and sorbent specified in the site-specific in paragraph (b) of this section. The § 63.1348(b)(1) for the CEMS operating performance test plan and used in the owner or operator of an in-line kiln/raw requirements. performance test. The owner or operator mill subject to a D/F emissions (1) PM Compliance. If you are subject must maintain documentation that the limitation under § 63.1343 must operate to limitations on PM emissions under substitute sorbent will provide the same the in-line kiln/raw mill, such that: § 63.1343(b), you must demonstrate or better level of control as the original (1) When the raw mill of the in-line compliance with the PM emissions sorbent. kiln/raw mill is operating, the standards by using the test methods and (f) No kiln may use as a raw material applicable temperature limit for the procedures in § 63.1349(b)(1). or fuel any fly ash where the mercury main in-line kiln/raw mill exhaust, (2) Opacity Compliance. If you are content of the fly ash has been increased specified in paragraph (b) of this section subject to the limitations on opacity through the use of activated carbon, or and established during the performance under § 63.1345, you must demonstrate any other sorbent, unless the facility can test when the raw mill was operating, is compliance with the opacity emissions demonstrate that the use of that fly ash not exceeded, except during periods of standards by using the performance test will not result in an increase in mercury startup/shutdown when the temperature methods and procedures in emissions over baseline emissions (i.e., limit may be exceeded by no more than § 63.1349(b)(2). Use the maximum 6- emissions not using the fly ash). The 10 percent. minute average opacity exhibited during facility has the burden of proving there the performance test period to * * * * * has been no emissions increase over determine whether the affected source is (c) For an affected source subject to a baseline. Once the kiln must comply D/F emissions limitation under in compliance with the standard. with a mercury emissions limit (3) D/F Compliance. § 63.1343 that employs sorbent injection specified in § 63.1343, this paragraph no as an emission control technique you (i) If you are subject to limitations on longer applies. D/F emissions under § 63.1343(b), you must operate the sorbent injection 17. Section 63.1347 is amended by system in accordance with paragraphs must demonstrate compliance with the revising paragraph (a)(1) to read as D/F emissions standards by using the (c)(1) and (c)(2) of this section. follows: (1) The rolling three-hour average performance test methods and activated sorbent injection rate must be § 63.1347 Operation and maintenance plan procedures in § 63.1349(b)(3). The equal to or greater than the sorbent requirements. owner or operator of a kiln with an in- injection rate determined in accordance (a) * * * line raw mill must demonstrate with § 63.1349(b)(3)(vi). (1) Procedures for proper operation compliance by conducting separate (2) You must either: and maintenance of the affected source performance tests while the raw mill is (i) Maintain the minimum activated and air pollution control devices in operating and while the raw mill is not carbon injection carrier gas flow rate, as order to meet the emissions limits and operating. Determine the D/F a rolling three-hour average, based on operating limits, including fugitive dust concentration for each run and calculate the manufacturer’s specifications. These control measures for open clinker piles, the arithmetic average of the specifications must be documented in of §§ 63.1343 through 63.1348. Your concentrations measured for the three the test plan developed in accordance operation and maintenance plan must runs to determine continuous with § 63.7(c), or address periods of startup and compliance. (ii) Maintain the minimum activated shutdown; (ii) If you are subject to a D/F emissions limitation under § 63.1343(b), carbon injection carrier gas pressure * * * * * drop, as a rolling three-hour average, 18. Section 63.1348 is amended by: you must demonstrate compliance with based on the manufacturer’s a. Revising paragraph (a) introductory the temperature operating limits specifications. These specifications text; specified in § 63.1346 by using the must be documented in the test plan b. Removing paragraphs (a)(1)(i) and performance test methods and developed in accordance with § 63.7(c). (ii); procedures in § 63.1349(b)(3)(ii) through (d) Except as provided in paragraph c. Revising paragraphs (a)(1) through (b)(3)(iv). Use the arithmetic average of (e) of this section, for an affected source (a)(6); the temperatures measured during the subject to a D/F emissions limitation d. Revising paragraph (b); and three runs to determine the applicable under § 63.1343 that employs carbon e. Revising paragraph (c)(2)(iv). temperature limit. injection as an emission control The revisions read as follows: (iii) If activated carbon injection is technique you must specify and use the used and you are subject to a D/F brand and type of sorbent used during § 63.1348 Compliance requirements. emissions limitation under § 63.1343(b), the performance test until a subsequent (a) Initial Performance Test you must demonstrate compliance with performance test is conducted, unless Requirements. For an affected source the activated carbon injection rate the site-specific performance test plan subject to this subpart, you must operating limits specified in § 63.1346

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by using the performance test methods that the raw mill is off, calculate this established appropriate site-specific and procedures in § 63.1349(b)(3)(v). limit as a weighted average of the THC operational parameter limits. The average of the run injection rates levels measured during raw mill on and (ii) For an affected source that is not will determine the applicable injection raw mill off testing. equipped with a wet scrubber, tray rate limit. (5) Mercury Compliance. If you are tower or dry scrubber, you must (iv) If activated carbon injection is subject to limitations on mercury demonstrate initial compliance by used, you must also develop a carrier emissions in § 63.1343(b), you must operating a CEMS as specified in gas parameter (either the carrier gas flow demonstrate compliance with the § 63.1349(b)(6)(ii). You must use the rate or the carrier gas pressure drop) mercury standards by using the average of the hourly HCl concentration during the initial and updated during performance test methods and obtained during the first 30 kiln any subsequent performance test procedures in § 63.1349(b)(5). You must operating days that occur after the conducted under § 63.1349(b)(3) that demonstrate compliance by operating a compliance date of this rule to meets the requirements of mercury CEMS or a sorbent trap based determine initial compliance. § 63.1349(b)(3)(vi). Compliance is CEMS. Compliance with the mercury (iii) For sources equipped with an demonstrated if the system is emissions standard must be determined alkali bypass stack or that exhaust kiln ¥ maintained within +/ 5 percent based on the first 30 operating days you gases to a coal mill that exhausts accuracy during the performance test operate a mercury CEMS after the through a separate stack, instead of determined in accordance with the compliance date of this rule. installing a CEMS, you may use the procedures and criteria submitted for In calculating a 30 operating day results of the initial and subsequent review in your monitoring plan required emissions value using an integrating performance test to demonstrate in section 63.1350(p). sorbent trap CEMS, assign the average compliance with the HCl emissions (4)(i) THC Compliance. Hg emissions concentration determined limit. (A) If you are subject to limitations on for an integrating period (e.g., 7 day (iv) As an alternative to paragraph (i), THC emissions under § 63.1343(b), you sorbent trap sample) to each relevant you may use an SO CEMS to establish must demonstrate compliance with the hour of the kiln operating days spanned 2 an SO operating level during your THC emissions standards by using the by each integrated sample. Calculate the 2 initial and repeat HCl performance tests performance test methods and 30 kiln operating day emissions rate as specified in § 63.1349(b)(6)(iii). procedures in § 63.1349(b)(4)(i). You value using the assigned hourly Hg (b) Continuous Monitoring must use the average THC concentration emissions concentrations and the Requirements. You must demonstrate obtained during the first 30 kiln respective flow and production rate compliance with the emissions operating days after the compliance date values collected during the 30 kiln standards and operating limits by using of this rule to determine initial operating day performance test period. the performance test methods and compliance. Depending on the duration of each (B) For sources equipped with an integrated sampling period, you may not procedures in §§ 63.1350 and 63.8 for alkali bypass stack or that exhaust kiln be able to calculate the 30 kiln operating each affected source. gases to a coal mill that exhausts day emissions value until several days (1) General Requirements. through a separate stack, instead of after the end of the 30 kiln operating (i) You must monitor and collect data installing a CEMS, you may use the day performance test period. according to § 63.1350 and the site- results of the initial and subsequent For example, a sorbent trap CEMS specific monitoring plan required by performance test to demonstrate producing an integrated 7-day sample § 63.1350(p). compliance with the THC emissions will provide Hg concentration data for (ii) Except for periods of monitoring limit. each hour of the first 28 kiln operating system malfunctions, repairs associated (ii) Total Organic HAP Emissions days (i.e., four values spanning 7 days with monitoring system malfunctions, Tests. If you elect to demonstrate each) of a 30 operating day period. The and required monitoring system quality compliance with the total organic HAP Hg concentration values for the hours of assurance or quality control activities emissions limit under § 63.1343(b) in the last 2 days of the 30 operating day (including, as applicable, calibration lieu of the THC emissions limit, you period will not be available for checks and required zero and span must demonstrate compliance with the calculating the emissions for the adjustments), you must operate the total organic HAP emissions standards performance test period until at least monitoring system and collect data at all by using the performance test methods five days after the end of the subject required intervals at all times the and procedures in § 63.1349(b)(4)(iii) period. affected source is operating. and (b)(4)(iv). (6) HCl Compliance. If you are subject (iii) You may not use data recorded (iii) If you are demonstrating initial to limitations on HCl emissions under during monitoring system malfunctions, compliance, you must conduct the § 63.1343(b), you must demonstrate repairs associated with monitoring separate performance tests as specified initial compliance with the HCl system malfunctions, or required in § 63.1349(b)(4)(iii) while the raw mill standards by using the performance test monitoring system quality assurance or kiln is operating and while the raw mill methods and procedures in control activities in calculations used to of the kiln is not operating. § 63.1349(b)(6). report emissions or operating levels. A (iv) The average total organic HAP (i) For an affected source that is monitoring system malfunction is any concentration measured during the equipped with a wet scrubber, tray sudden, infrequent, not reasonably separate initial performance test tower or dry scrubber, you must preventable failure of the monitoring specified by § 63.1349(b)(4)(iii) must be demonstrate initial compliance by system to provide valid data. used to determine initial compliance. conducting a performance test as Monitoring system failures that are (v) The average THC concentration specified in § 63.1349(b)(6)(i). You must caused in part by poor maintenance or measured during the initial performance determine the HCl concentration for careless operation are not malfunctions. test specified by § 63.1349(b)(4)(iv) must each run and calculate the arithmetic You must use all the data collected be used to determine the site-specific average of the concentrations measured during all other periods in assessing the THC limit. Using the fraction of time the for the three runs to determine operation of the control device and raw mill is on and the fraction of time compliance. You must also have associated control system.

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(iv) Clinker Production. If you are monitoring methods and procedures in (2) * * * subject to limitations on PM emissions § 63.1350(i) and (j). (iv) The performance test must be (lb/ton of clinker) or mercury (lb/MM (ii) For sources equipped with an completed within 360 hours after the tons of clinker) under § 63.1343(b), you alkali bypass stack or that exhaust kiln planned operational change period must determine the hourly production gases to a coal mill that exhausts begins. rate of clinker according to the through a separate stack, instead of * * * * * requirements of § 63.1350(d). installing a CEMS, you may use the 19. Section 63.1349 is amended by: (2) PM Compliance. If you are subject results of the initial and subsequent a. Revising paragraph (a) introductory to limitations on PM emissions under performance test to demonstrate text; § 63.1343(b), you must use the compliance with the THC emissions b. Revising paragraph (b)(1); monitoring methods and procedures in limit. THC must be measured upstream c. Revising paragraph (b)(3) § 63.1350(b) and (d). of the coal mill. introductory text; (3) Opacity Compliance. If you are (7) Mercury Compliance. If you are d. Revising paragraphs (b)(3)(v) and subject to the limitations on opacity subject to limitations on mercury (b)(3)(vi); under § 63.1345, you must demonstrate emissions in § 63.1343(b), you must e. Revising paragraphs (b)(4), (b)(5), compliance using the monitoring demonstrate compliance using the and (b)(6); and methods and procedures in § 63.1350(f) monitoring methods and procedures in f. Revising paragraphs (c), (d) and (e). based on the maximum 6-minute § 63.1350(k). The revisions read as follows: average opacity exhibited during the If you use an integrated sorbent trap Hg CEMS to determine ongoing § 63.1349 Performance testing performance test period. You must requirements. initiate corrective actions within one compliance, use the procedures described in § 63.1348(a)(5) to assign (a) You must document performance hour of detecting visible emissions test results in complete test reports that above the applicable limit. hourly mercury concentration values and to calculate rolling 30 operating contain the information required by (i) COMS. If you install a COMS in paragraphs (a)(1) through (a)(10) of this lieu of conducting the daily visible data emissions rates. Since you assign the mercury concentration measured section, as well as all other relevant emissions testing, you must demonstrate information. As described in compliance using a COMS such that it with the sorbent trap to each relevant hour respectively for each operating day § 63.7(c)(2)(i), you must make available is installed, operated, and maintained in to the Administrator prior to testing, if accordance with the requirements of of the integrated period, you may schedule the sorbent change periods to requested, the site-specific test plan to § 63.1350(f)(4)(i). be followed during performance testing. (ii) Bag leak determination system any time of the day (i.e., the sorbent trap replacement need not be scheduled at * * * * * (BLDS). If you install a BLDS on a raw (b)(1) PM Emissions Tests. mill or finish mill in lieu of conducting 12:00 midnight nor must the sorbent trap replacements occur only at integral (i) The owner or operator of a kiln the daily visible emissions testing, you subject to limitations on PM emissions must demonstrate compliance using a 24-hour intervals). (8) HCl Compliance. If you are subject shall demonstrate initial compliance by BLDS that is installed, operated, and to limitations on HCl emissions under conducting a performance test as maintained in accordance with the § 63.1343(b), you must demonstrate specified in paragraphs (b)(1)(ii) of this requirements of § 63.1350(f)(4)(ii). compliance using the performance test section. (4) D/F Compliance. If you are subject methods and procedures in (A) In using a PM CPMS to to a D/F emissions limitation under § 63.1349(b)(6). demonstrate compliance, you must § 63.1343(b), you must demonstrate (i) For an affected source that is not establish your PM CPMS operating limit compliance using a CMS that is equipped with a wet scrubber, tray and determine compliance with it installed, operated and maintained to tower or a dry sorbent injection system, according to paragraphs (b)(1)(i)(B) record the temperature of specified gas you must demonstrate compliance using through (D) and (b)(1)(ii) and (iii) of this streams in accordance with the the monitoring methods and procedures section. requirements of § 63.1350(g). in § 63.1350(l)(1). (B) During the initial performance test (5)(i) Activated Carbon Injection (ii) For an affected source that is or any such subsequent performance Compliance. If you use activated carbon equipped with a wet scrubber, tray test that demonstrates compliance with injection to comply with the D/F tower or a dry sorbent injection system, the PM limit, record all hourly average emissions limitation under § 63.1343(b), you must demonstrate compliance using output values (e.g., milliamps, stack you must demonstrate compliance using the monitoring methods and procedures concentration, or other raw data signal) a CMS that is installed, operated, and in § 63.1350(l)(2). from the PM CPMS for the periods maintained to record the rate of (iii) For sources equipped with an corresponding to the test runs (e.g., activated carbon injection in accordance alkali bypass stack or that exhaust kiln three 1-hour average PM OK CPMS with the requirements § 63.1350(h)(1). gases to a coal mill that exhausts output values for three 1-hour test runs). (ii) If you use activated carbon through a separate stack, instead of (C) Determine your operating limit as injection to comply with the D/F installing a CEMS, you may use the the highest 1-hour average PM CPMS emissions limitation under § 63.1343(b), results of the initial and subsequent output value recorded during the you must demonstrate compliance using performance test to demonstrate performance test. You must verify an a CMS that is installed, operated and compliance with the HCl emissions existing or establish a new operating maintained to record the activated limit. limit after each repeated performance carbon injection system gas parameter (iv) As an alternative to paragraph (ii), test. You must repeat the performance in accordance with the requirements you may use an SO2 CEMS to establish test annually and reassess and adjust the § 63.1350(h)(2). an SO2 operating level during your site-specific operating limit in (6) THC Compliance. (i) If you are initial and repeat HCl performance tests accordance with the results of the subject to limitations on THC emissions and monitor the SO2 level using the performance test. under § 63.1343(b), you must procedures in § 63.1350(l)(3). (D) To determine continuous demonstrate compliance using the (c) * * * compliance, you must record the PM

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CPMS output data for all periods when data collected by the PM CPMS for all signal) on a 30 operating day rolling the process is operating and the PM operating hours to calculate the average basis, updated at the end of CPMS is not out-of-control. You must arithmetic average operating parameter each new kiln operating day. Use demonstrate continuous compliance by in units of the operating limit (e.g., Equation 3 to determine the 30 kiln using all quality-assured hourly average milliamps, PM concentration, raw data operating day average.

Where: compliance with a new source limit and and alkali bypass of the kiln must be Hpvi = The hourly parameter value for hour 1 dscm for determining compliance tested simultaneously and the combined i and n is the number of valid hourly with a existing source limit. Calculate emission rate of PM from the kiln and parameter values collected over 30 kiln the average of the results from three alkali bypass must be computed for each operating days. runs to determine compliance. You run using equation 4 of this section. For (ii) Use EPA Method 5 of appendix A need not determine the PM collected in purposes of calculating the combined to part 60 of this chapter to determine the impingers (‘‘back half’’) of the kiln and alkali bypass emissions, you PM emissions. For each performance Method 5 particulate sampling train to may use the results of the initial and test, conduct three separate runs under demonstrate compliance with the PM subsequent Method 5 performance test the conditions that exist when the standards of this subpart. This shall not for the alkali bypass, instead of affected source is operating at the preclude the permitting authority from installing a CEMS, to demonstrate highest load or capacity level reasonably requiring a determination of the ‘‘back compliance with the PM emissions expected to occur. Conduct each test half’’ for other purposes. run to collect a minimum sample (iii) When there is an alkali bypass limit. volume of 2 dscm for determining associated with a kiln, the main exhaust

Where: the raw mill of the in-line kiln/raw mill system according to the procedures in

EC = Combined hourly emission rate of PM is operating or not operating. § 63.1350(m)(6). from the kiln and bypass stack, lb/ton of * * * * * (vi) Calculate the run average sorbent kiln clinker production; (v)(A) If sorbent injection is used for injection rate for each run and EK = Hourly emissions of PM emissions from D/F control, you must record the rate of determine and include the average of the kiln, lb; sorbent injection to the kiln exhaust, the run average injection rates in the EB = Hourly PM emissions from the alkali and where applicable, the rate of performance test report and determine bypass stack, lb; sorbent injection to the alkali bypass the applicable injection rate limit in P = Hourly clinker production, tons. exhaust, continuously during the period accordance with § 63.1346(c)(1). of the Method 23 test in accordance (iv) The owner or operator of a kiln (4)(i) THC Emissions Test. with the conditions in § 63.1350(m)(9), with an in-line raw mill and subject to (A) If you are subject to limitations on and include the continuous injection THC emissions, you must operate a limitations on PM emissions shall rate record(s) in the performance test continuous emissions monitoring demonstrate initial compliance by report. Determine the sorbent injection system (CEMS) in accordance with the conducting separate performance tests rate parameters in accordance with requirements in § 63.1350(i). For the while the raw mill is under normal paragraphs (b)(3)(vi) of this section. purposes of conducting the accuracy operating conditions and while the raw (B) Include the brand and type of and quality assurance evaluations for mill is not operating. sorbent used during the performance CEMS, the THC span value (as propane) * * * * * test in the performance test report. (C) Maintain a continuous record of is 50 ppmvd and the reference method (3) D/F Emissions Tests. If you are either the carrier gas flow rate or the (RM) is Method 25A of appendix A to subject to limitations on D/F emissions carrier gas pressure drop for the part 60 of this chapter. under this subpart, you must conduct a duration of the performance test. If the (B) Use the THC CEMS to conduct the performance test using Method 23 of carrier gas flow rate is used, determine, initial compliance test for the first 30 appendix A–7 to part 60 of this chapter. record, and maintain a record of the kiln operating days of kiln operation If your kiln or in-line kiln/raw mill is accuracy of the carrier gas flow rate after the compliance date of the rule. equipped with an alkali bypass, you monitoring system according to the See 63.1348(a). must conduct simultaneous procedures in appendix A to part 75 of (C) If kiln gases are diverted through performance tests of the kiln or in-line this chapter. If the carrier gas pressure an alkali bypass or to a coal mill and kiln/raw mill exhaust and the alkali drop is used, determine, record, and exhausted through a separate stack, you bypass. You may conduct a performance maintain a record of the accuracy of the must calculate a kiln-specific THC limit test of the alkali bypass exhaust when carrier gas pressure drop monitoring using equation 5:

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Where: in accordance with § 63.7(e). Each run (A) As soon as possible but no later Cks = Kiln stack concentration (ppmvd) must be conducted for at least 1 hour. than 30 days after the exceedance, Qab = Alkali bypass flow rate (volume/hr) You must conduct the performance test conduct an inspection and take Cab = Alkali bypass concentration (ppmvd) while the raw mill of the kiln is corrective action to return the THC Qcm = Coal mill flow rate (volume/hr) operating and while the raw mill of the CEMS measurements to within the Ccm = Coal mill concentration (ppmvd) Qks = Kiln stack flow rate (volume/hr) kiln is not operating. established value; and (iv) At the same time that you are (D) For sources equipped with an (B) Within 90 days of the exceedance conducting the performance test for or at the time of the annual compliance alkali bypass stack or that exhaust kiln total organic HAP, you must also gases to a coal mill that exhausts test, whichever comes first, conduct determine a site-specific THC emissions another performance test to determine through a separate stack, instead of limit by operating a CEMS in installing a CEMS, you may use the compliance with the organic HAP limit accordance with the requirements of and to verify or re-establish your site- results of the initial and subsequent § 63.1350(j). The duration of the performance test to demonstrate specific THC emissions limit. performance test must be 3 hours and compliance with the THC emissions the highest 1-hour average THC (5) Mercury Emissions Tests. If you limit. THC must be measured upstream concentration (as calculated from the 1- are subject to limitations on mercury of the coal mill. minute averages) during the 3-hour test emissions, you must operate a mercury (ii) Total Organic HAP Emissions CEMS in accordance with the Tests. Instead of conducting the must be calculated. Using the fraction of time the raw mill is on and the fraction requirements of § 63.1350(k). The initial performance test specified in paragraph compliance test must be based on the (b)(4)(i) of this section, you may conduct of time that the raw mill is off, calculate this limit as a weighted average of the first 30 kiln operating days in which the a performance test to determine affected source operates using a mercury emissions of total organic HAP by THC levels measured during raw mill on and raw mill off testing. CEMS after the compliance date of the following the procedures in paragraphs rule. See § 63.1348(a). (b)(4)(iii) through (b)(4)(iv) of this (v) You must repeat the performance (i) If you are using a mercury CEMS section. test for organic HAP according to (iii) Use Method 320 of appendix A to paragraph (b)(4)(iii) and (iv) of this or a sorbent trap monitoring system, you this part, Method 18 of Appendix A of section no later than 12 months after must install, operate, calibrate, and part 60, ASTM D6348–03 or a your last test to confirm compliance maintain an instrument for combination to determine emissions of with the organic HAP emissions limit continuously measuring and recording total organic HAP. Each performance and to re-establish your site-specific the exhaust gas flow rate to the test must consist of three separate runs THC emissions limit. atmosphere according to the under the conditions that exist when the (vi) If the THC level exceeds by 10 requirements in § 63.1350(k)(5). affected source is operating at the percent or more your site-specific THC (ii) Calculate the emission rate using representative performance conditions emissions limit, you must the equations 6 of this section:

Where: (B) You must establish site specific sorbent injection system, you must E30D = 30-day rolling emission rate of parameter limits by using the CPMS operate a CEMS in accordance with the mercury, lb/MM tons clinker; required in § 63.1350(l)(1). For a wet requirements of § 63.1350(l)(1). See Ci = Concentration of mercury for operating scrubber or tray tower, measure and § 63.1348(a). hour i, mg/scm; record the pressure drop across the (B) The initial compliance test must Q = Volumetric flow rate of effluent gas for i scrubber and/or liquid flow rate and pH be based on the 30 kiln operating days operating hour i, where Cs and Qs are on the same basis (either wet or dry), scm/ in intervals of no more than 15 minutes that occur after the compliance date of hr; during the HCl test. Compute and record this rule in which the affected source K = Conversion factor, 1 lb/454,000,000 mg; the 24-hour average pressure drop, pH, operates using a HCl CEMS. Hourly HCl n = Number of kiln operating hours in a 30 and average scrubber water flow rate for concentration data must be obtained kiln operating day period, n = 1 to 720. each sampling run in which the according to § 63.1350(l). (6) HCl Emissions Tests. For a source applicable emissions limit is met. For a (iii) As an alternative to paragraph (i), subject to limitations on HCl emissions dry scrubber, measure and record the you may choose to monitor SO2 you must conduct performance testing sorbent injection rate in intervals of no emissions using a CEMS in accordance by one of the following methods: more than 15 minutes during the HCl with the requirements of § 63.1350(l)(3). (i)(A) If the source is equipped with test. Compute and record the 24-hour You must establish an SO2 operating a wet scrubber, tray tower or dry average sorbent injection rate and limit equal to the highest 1 hour average scrubber, you must conduct average sorbent injection rate for each recorded during the HCl stack test. This performance testing using Method 321 sampling run in which the applicable operating limit will apply only for of appendix A to this part unless you emissions limit is met. demonstrating HCl compliance. have installed a CEMS that meets the (ii)(A) If the source is not controlled (iv) If kiln gases are diverted through requirements § 63.1350(l)(1). by a wet scrubber, tray tower or dry an alkali bypass or to a coal mill and

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exhausted through a separate stack, you must calculate a kiln-specific HCl limit using equation 7:

Where: records as may be necessary to operating limit corresponding to the Cks = Kiln stack concentration (ppmvd) determine the conditions of results of the performance test Qab = Alkali bypass flow rate (volume/hr) performance tests. demonstrating compliance with the PM Cab = Alkali bypass concentration (ppmvd) 20. Section 63.1350 is amended by: limit. You will conduct your Qcm = Coal mill flow rate (volume/hr) a. Revising paragraphs (a) through (d); performance test using Method 5 at Ccm = Coal mill concentration (ppmvd) b. Revising paragraph (f) introductory appendix A–3 to part 60 of this chapter. Qks = Kiln stack flow rate (volume/hr) text; You will use the PM CPMS to (c) Performance Test Frequency. c. Revising paragraphs (f)(1)(iv) demonstrate continuous compliance Except as provided in § 63.1348(b), through (f)(1)(vi); with this operating limit. You must performance tests are required at regular d. Revising paragraphs (f)(2)(i) and repeat the performance test annually intervals for affected sources that are (f)(2)(iii); and reassess and adjust the site-specific subject to a dioxin or HCl emissions e. Revising paragraphs (f)(3) and (f)(4); operating limit in accordance with the limit and must be repeated every 30 f. Revising paragraph (g)(1) results of the performance test. months except for pollutants where that introductory text; (ii) To determine continuous specific pollutant is monitored using g. Revising paragraphs (g)(2) and compliance, you must record the PM CEMS. Tests for PM and total organic (g)(4); CPMS output data for all periods when HAP are repeated every 12 months. h. Revising paragraph (h)(1)(ii); the process is operating and the PM (d) Performance Test Reporting i. Revising paragraphs (i)(1) and (i)(2); CPMS is not out-of-control. You must Requirements. j. Adding paragraph (i)(3); demonstrate continuous compliance by (1) You must submit the information k. Revising paragraph (k); using all quality-assured hourly average specified in paragraphs (d)(1) and (d)(2) l. Revising paragraph (l); data collected by the PM CPMS for all of this section no later than 60 days m. Revising paragraph (m) operating hours to calculate the following the initial performance test. introductory text; arithmetic average operating parameter All reports must be signed by a n. Revising paragraph (m)(7)(i); in units of the operating limit (e.g., responsible official. o. Revising introductory text for milliamps, PM concentration, raw data (i) The initial performance test data as paragraphs (m)(9); signal) on a 30 operating day rolling recorded under paragraph (b) of this p. Revising paragraph (m)(10), and average basis, updated at the end of section. paragraph (m)(11)(v); each new kiln operating day. (ii) The values for the site-specific q. Revising introductory text for (iii) For any deviation of the 30 operating limits or parameters paragraphs (n), (o), and (p); process operating day PM CPMS average established pursuant to paragraphs r. Removing and reserving paragraph value from the established operating (b)(3), (b)(4)(iii), (b)(5)(ii), and (b)(6)(i) of (n)(3); and parameter limit, you must this section, as applicable, and a s. Revising introductory text for (A) Within 48 hours of the deviation, description, including sample paragraphs (p)(1), (p)(2), and (p)(5). visually inspect the APCD; calculations, of how the operating The revisions read as follows: parameters were established during the (B) If inspection of the APCD initial performance test. § 63.1350 Monitoring requirements. identifies the cause of the deviation, (2) As of December 31, 2011 and (a)(1) Following the compliance date, take corrective action as soon as within 60 days after the date of the owner or operator must demonstrate possible, and return the PM CPMS completing each performance compliance with this subpart on a measurement to within the established evaluation or test, as defined in § 63.2, continuous basis by meeting the value; and conducted to demonstrate compliance requirements of this section. (C) Within 45 days of the deviation or with any standard covered by this (2) All continuous monitoring data for at the time of the annual compliance subpart, you must submit the relative periods of startup and shutdown must test, whichever comes first, conduct a accuracy test audit data and be compiled and averaged separately PM emissions compliance test to performance test data, except opacity from data gathered during other determine compliance with the PM data, to the EPA by successfully operating periods. emissions limit and to verify or re- submitting the data electronically to the (3) For each existing unit that is establish the CPMS operating limit. You EPA’s Central Data Exchange (CDX) by equipped with a CMS, maintain the are not required to conduct additional using the Electronic Reporting average emissions or the operating testing for any deviations that occur Tool(ERT) (see http://www.epa.gov/ttn/ parameter values within the operating between the time of the original chief/ert/ert_tool.html/). parameter limits established through deviation and the PM emissions (e) Conditions of performance tests. performance tests. compliance test required under this Conduct performance tests under such (4) Any instance where the owner or paragraph. conditions as the Administrator operator fails to comply with the (iv) PM CPMS deviations from the specifies to the owner or operator based continuous monitoring requirements of operating limit leading to more than on representative performance of the this section is a deviation. four required performance tests in a 12- affected source for the period being (b) PM Monitoring Requirements. month process operating period (rolling tested. Upon request, you must make (1)(i) PM CPMS. You will use a PM monthly) constitute a separate violation available to the Administrator such CPMS to establish a site-specific of this subpart.

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(2) Kilns equipped with an alkali must be maintained within ±5 percent any totally enclosed conveying system bypass. If kiln gases are diverted accuracy, or transfer point, regardless of the location through an alkali bypass, you must (ii) Install, calibrate, maintain, and of the transfer point. The enclosures for account for the PM emitted from the operate a permanent weigh scale system these transfer points must be operated alkali bypass stack by following the to measure and record weight rates in and maintained as total enclosures on a procedures in (b)(2)(i) through (v) of this tons-mass per hour of the amount of continuing basis in accordance with the section: feed to the kiln. The system of facility operations and maintenance (i) You must install, operate, calibrate, measuring feed must be maintained plan. and maintain an instrument for within ±5 percent accuracy. Calculate (vi) If any partially enclosed or continuously measuring and recording your hourly clinker production rate unenclosed conveying system transfer the exhaust gas flow rate to the using a kiln specific feed to clinker ratio point is located in a building, you must atmosphere from the alkali bypass stack based on reconciled clinker production conduct a Method 22 performance test, according to the requirements in determined for accounting purposes and of appendix A–7 to part 60 of this paragraphs (n)(1) through (n)(10) of this recorded feed rates. Update this ratio chapter, according to the requirements section. monthly. Note that if this ratio changes of paragraphs (f)(1)(i) through (f)(1)(iv) (ii) Develop a PM emissions factor by at clinker reconciliation, you must use of this section for each such conveying conducting annual performance tests the new ratio going forward, but you do system transfer point located within the using Method 5 to measure the not have to retroactively change clinker building, or for the building itself, concentration of PM in the gases production rates previously estimated. according to paragraph (f)(1)(vii) of this exhausted from the alkali bypass stack. (iii) [Reserved] section. (iii) On a continuous basis, determine (2) Determine, record, and maintain a * * * * * the mass emissions of PM in pounds per record of the accuracy of the system of (2)(i) For a raw mill or finish mill, you hour from the alkali bypass exhaust by measuring hourly clinker production (or must monitor opacity by conducting using the PM emissions factor and the feed mass flow if applicable) before daily visible emissions observations of continuously measured exhaust gas flow initial use (for new sources) or by the the mill sweep and air separator PM rates. effective compliance date of this rule control devices (PMCD) of these affected (iv) Sum the hourly PM emissions (for existing sources). During each sources in accordance with the from the kiln and alkali bypass to quarter of source operation, you must procedures of Method 22 of appendix determine total hourly PM emissions. determine, record, and maintain a A–7 to part 60 of this chapter. The Using hourly clinker production, record of the ongoing accuracy of the duration of the Method 22 performance calculate the hourly emissions rate in system of measuring hourly clinker test must be 6 minutes. pounds per ton of clinker to determine production (or feed mass flow). your 30 day rolling average. (3) If you measure clinker production * * * * * (v) If you monitor compliance using a directly, record the daily clinker (iii) If visible emissions are observed PM CPMS, you must determine production rates; if you measure the during the follow-up Method 22 compliance according to paragraphs kiln feed rates and calculate clinker performance test required by paragraph (b)(3)(v)(A) through (C) of this section: production, record the daily kiln feed (f)(2)(ii) of this section from any stack (A) Conduct an annual performance and clinker production rates. from which visible emissions were test using Method 5 to determine total (4) Develop an emissions monitoring observed during the previous Method 22 PM emissions from the alkali bypass plan in accordance with paragraphs performance test required by paragraph and kiln. (p)(1) through (p)(4) of this section. (f)(2)(i) of the section, you must then (B) To determine continuous (e) [Reserved] conduct an opacity test of each stack compliance, you must establish your (f) Opacity Monitoring Requirements. from which emissions were observed PM CPMS operating limit according to If you are subject to a limitation on during the follow up Method 22 paragraph (b)(1) of this section. opacity under § 63.1345, you must performance test in accordance with (C) You must establish the maximum conduct required opacity monitoring in Method 9 of appendix A–4 to part 60 of exhaust gas flow rate for the alkali accordance with the provisions of this chapter. The duration of the bypass during your annual performance paragraphs (f)(1)(i) through (f)(1)(vii) of Method 9 test must be 30 minutes. test. You must continuously monitor the this section and in accordance with (3) If visible emissions are observed flow rate until the next performance your monitoring plan developed under during any Method 22 visible emissions test. If there is a deviation of the § 63.1350(p). You must also develop an test conducted under paragraphs (f)(1) monitored flow rate from the maximum opacity monitoring plan in accordance or (f)(2) of this section, you must established during your last with paragraphs (p)(1) through (p)(4) initiate, within one hour, the corrective performance test by more than 10 and paragraph (o)(5), if applicable, of actions specified in your operation and percent, you must retest the kiln and this section. maintenance plan as required in alkali bypass to determine compliance. (1) * * * § 63.1347. (c) [Reserved] (iv) If visible emissions are observed (4) The requirements under paragraph (d) Clinker Production Monitoring during any Method 22 performance test, (f)(2) of this section to conduct daily Requirements. If you are subject to an of appendix A–7 to part 60 of this Method 22 testing do not apply to any emissions limitation on PM or mercury chapter, you must conduct 30 opacity specific raw mill or finish mill equipped emissions (lb/ton of clinker), you must: observations in accordance with Method with a COMS or BLDS. (1) Determine hourly clinker 9 of appendix A–4 to part 60 of this (i) If the owner or operator chooses to production by one of two methods: chapter. The Method 9 performance test, install a COMS in lieu of conducting the (i) Install, calibrate, maintain, and of appendix A–4 to part 60 of this daily visible emissions testing required operate a permanent weigh scale system chapter, must begin within 1 hour of under paragraph (f)(2) of this section, to measure and record weight rates in any observation of visible emissions. then the COMS must be installed at the tons-mass per hour of the amount of (v) The requirement to conduct outlet of the PM control device of the clinker produced. The system of Method 22 visible emissions monitoring raw mill or finish mill and the COMS measuring hourly clinker production under this paragraph do not apply to must be installed, maintained,

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calibrated, and operated as required by gases to a coal mill that exhausts mercury. The requirements of PS–12A, the general provisions in subpart A of through a separate stack, instead of shall be followed for this second span this part and according to PS–1 of installing a CEMS, you may use the with the exception that a RATA with appendix B to part 60 of this chapter. results of the initial and subsequent the mill off is not required. (ii) If you choose to install a BLDS in performance test to demonstrate (ii) Conduct an additional ‘above lieu of conducting the daily visible compliance with the THC emissions span’ daily calibration using a Hg emissions testing required under limit. paragraph (f)(2) of this section, the (3) Performance tests on alkali bypass reference gas standard at a requirements in paragraphs (m)(1) and coal mill stacks must be conducted concentration level between 50 and 85 through (m)(4), (m)(10) and (m)(11) of using Method 25A in appendix A to 40 percent of the highest hourly Hg this section apply. CFR part 60 and repeated annually. concentration expected during ‘‘mill off’’ conditions. The ‘above span’ (g) * * * * * * * * (1) You must install, calibrate, (k) Mercury Monitoring Requirements. reference gas must meet the maintain, and continuously operate a If you have a kiln subject to an requirements of PS 12A, Section 7.1 and CMS to record the temperature of the emissions limitation on mercury be introduced at the probe. The ‘above exhaust gases from the kiln and alkali emissions, you must install and operate span’ calibration is successful if the bypass, if applicable, at the inlet to, or a mercury continuous emissions value measured by the Hg CEMS is upstream of, the kiln and/or alkali monitoring system (Hg CEMS) in within 20 percent of the certified value bypass PMCDs. accordance with Performance of the reference gas. Record and report * * * * * Specification 12A (PS 12A) of appendix the results of this procedure as you (2) You must monitor and B to part 60 of this chapter or a sorbent would for a daily calibration. continuously record the temperature of trap-based integrated monitoring system (iii) If you choose not to conduct an the exhaust gases from the kiln and in accordance with Performance additional daily calibration, then quality alkali bypass, if applicable, at the inlet Specification 12B (PS 12B) of appendix assure any data above the span value to the kiln and/or alkali bypass PMCD. B to part 60 of this chapter. You must established in paragraph (k)(1) of this * * * * * monitor mercury continuously section using the following procedure. (4) Calculate the rolling three-hour according to paragraphs (k)(1) through Any time the one hour average average temperature using the average of (k)(5) of this section. You must also measured concentration of Hg exceeds 180 successive one-minute average develop an emissions monitoring plan the span value you must, within 24 temperatures. See § 63.1349(b)(3). in accordance with paragraphs (p)(1) hours, introduce a higher, ‘above span’ * * * * * through (p)(4) of this section. Hg reference gas standard to the Hg (h) * * * (1) You must use a span value for any CEMS. The ‘above span’ reference gas (1) * * * Hg CEMS that represents the mercury must meet the requirements of PS 12A, (ii) Each hour, calculate the three- concentration corresponding to Section 7.1, must be of a concentration hour rolling average activated carbon approximately two times the emissions level greater than 80 percent of the injection rate for the previous 3 hours of standard rounded up to the nearest highest hourly concentration measured process operation. See § 63.1349(b)(3). multiple of 5 mg/m3 of total mercury. As during the period of measurements * * * * * specified in PS 12A, Section 6.1.1, the above span, and must be introduced at (i) * * * data recorder output range must include (1) You must install, operate, and the full range of expected Hg the probe. Record and report the results maintain a THC continuous emission concentration values which would of this procedure as you would for a monitoring system in accordance with include those expected during ‘‘mill daily calibration. The ‘above span’ Performance Specification 8A of off’’ conditions. calibration is successful if the value appendix B to part 60 of this chapter (2) In order to quality assure data measured by the Hg CEMS is within 20 and comply with all of the requirements measured above the span value, you percent of the certified value of the for continuous monitoring systems must use one of the options in reference gas. If the value measured by found in the general provisions, subpart paragraphs (k)(2)(i) through (k)(2)(iii) the Hg CEMS exceeds 20 percent of the A of this part. The owner or operator below. certified value of the reference gas, then must operate and maintain each CEMS (i) Include a second span that you must normalize the one-hour according to the quality assurance encompasses the Hg emission average stack gas values measured above requirements in Procedure 1 of concentrations expected to be the span during the 24-hour period appendix F in part 60 of this chapter. encountered during ‘‘mill off’’ preceding the ‘above span’ calibration (2) For sources equipped with an conditions. This second span may be for reporting based on the Hg CEMS alkali bypass stack or that exhaust kiln rounded to a multiple of 5 mg/m3 of total response to the reference gas as follows:

(3) You must operate and maintain 12A, PS 12B, or Procedure 5 must be recording the exhaust gas flow rate to each Hg CEMS or sorbent trap-based conducted at normal operating the atmosphere according to the integrated monitoring system according conditions with the raw mill on. requirements in paragraphs (n)(1) to the quality assurance requirements in (5) If you use a Hg CEMS or a sorbent through (n)(10) of this section. If kiln Procedure 5 of appendix F to part 60 of trap-based integrated monitoring gases are diverted through an alkali this chapter. system, you must install, operate, bypass or to a coal mill and exhausted (4) Relative accuracy testing of calibrate, and maintain an instrument through separate stacks, you must mercury monitoring systems under PS for continuously measuring and account for the mercury emitted from

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those stacks by following the procedures HCl CEMS, you must do so in within 20 percent of the certified value in (k)(5)(i) through (v) of this section: accordance with Performance of the reference gas. If the value (i) You must install, operate, calibrate, Specification 15 (PS 15) of appendix B measured by the HCl CEMS is not and maintain an instrument for to part 60 of this chapter, or, upon within 20 percent of the certified value continuously measuring and recording promulgation, in accordance with any of the reference gas, then you must the exhaust gas flow rate to the other performance specification for HCl normalize the stack gas values measured atmosphere according to the CEMS in appendix B to part 60 of this above span as described in paragraph requirements in paragraphs (n)(1) chapter. You must operate, maintain, (l)(1)(ii)(C) below. Record and report the through (n)(10) of this section. and quality assure an HCl CEMS results of this procedure as you would (ii) Develop a mercury hourly mass installed and certified under PS 15 for a daily calibration. emissions rate by conducting annual according to the quality assurance (B) If you choose not to conduct an performance tests using Method 29 to requirements in Procedure 1 of measure the concentration of mercury in additional calibration on a daily basis, appendix F to part 60 of this chapter then quality assure any data above the the gases exhausted from the alkali except that the Relative Accuracy Test bypass and coal mill. span value established in paragraph Audit requirements of Procedure 1 must (l)(1)(i) of this section using the (iii) On a continuous basis, determine be replaced with the validation following procedure. Any time the the mass emissions of mercury in requirements and criteria of sections average measured concentration of HCl pounds per hour from the alkali bypass 11.1.1 and 12.0 of PS 15. If you install exceeds or is expected to exceed the and coal mill exhausts by using the and operate an HCl CEMS in accordance span value for greater than two hours mercury hourly emissions rate and the with any other performance you must, within a period 24 hours continuously measured exhaust gas flow specification for HCl CEMS in appendix before or after the ‘above span’ period, rates. B to part 60 of this chapter, you must (iv) Sum the hourly mercury introduce a higher, ‘above span’ HCl operate, maintain and quality assure the emissions from the kiln, alkali bypass reference gas standard to the HCl CEMS. HCl CEMS using the procedure of and coal mill to determine total mercury The ‘above span’ reference gas must appendix F to part 60 of this chapter emissions. Using hourly clinker meet the requirements of the applicable applicable to the performance production, calculate the hourly specification. You must use Method 321 performance specification and be of a emissions rate in pounds per ton of of appendix A to part 63 of this chapter concentration level greater than or equal clinker to determine your 30 day rolling to 80 percent of the highest hourly average. as the reference test method for conducting relative accuracy testing. concentration measured during the (v) If mercury emissions from the coal period of measurements above span, mill are below the method detection The span value and calibration requirements in paragraphs (l)(1)(i) and and must be introduced at the probe. limit for two consecutive annual Record and report the results of this performance tests, you may reduce the (l)(1)(ii) below apply to HCl CEMS other than those installed and certified under procedure as you would for a daily frequency of the performance tests of calibration. The ‘above span’ calibration coal mills to once every 30 months. If PS 15. (i) You must use a span value for any is successful if the value measured by the measured mercury concentration the HCl CEMS is within 20 percent of exceeds the method detection limit, you HCl CEMS that represents the intended upper limit of the HCl concentration the certified value of the reference gas. must revert to testing annually until two If the value measured by the HCl CEMS consecutive annual tests are below the measurement range during normal ‘‘mill on’’ operation. The span value should is not within 20 percent of the certified method detection limit. value of the reference gas, then you (6) If you operate an integrated be equivalent to approximately two must normalize the stack gas values sampling Hg CEMS conforming to PS times the emissions standard and it may measured above span as described in 12B, you may use a monitoring period be rounded to the nearest multiple of 5 paragraph (l)(1)(ii)(C) below. If the from 24 hours to 168 hours in length. ppm of HCl. The HCl CEMS data ‘above span’ calibration is conducted You should use a monitoring period that recorder output range must include the during the period when measured is a multiple of 24 hours (except during full range of expected HCl concentration emissions are above span and there is a relative accuracy testing as allowed in values which would include those failure to collect the required minimum PS 12B). expected during ‘‘mill off’’ conditions. (l) HCl Monitoring Requirements. If (ii) In order to quality assure data number of data points in an hour due to you are subject to an emissions measured above the span value, you the calibration duration, then you must limitation on HCl emissions in must use one of the two options in determine the emissions average for that § 63.1343, you must monitor HCl paragraphs (l)(1)(ii)(A) and (l)(1)(ii)(B) missed hour as the average of hourly emissions continuously according to below. averages for the hour preceding the paragraph (l)(1) or (2) and paragraphs (A) Conduct an additional ‘above missed hour and the hour following the (m)(1) through (m)(4) of this section or, span’ daily calibration using a HCl missed hour. if your kiln is controlled using a wet or reference gas standard at a (C) In the event that the ‘above span’ dry scrubber or tray tower, you concentration level between 50 and 85 calibration is not successful (i.e., the alternatively may monitor SO2 percent of the highest hourly HCl HCl CEMS measured value is not within emissions continuously according to concentration expected during ‘‘mill 20 percent of the certified value of the paragraph (l)(3) of this section. You off’’ conditions. The ‘above span’ reference gas), then you must normalize must also develop an emissions reference gas must meet the the one-hour average stack gas values monitoring plan in accordance with requirements of the applicable measured above the span during the 24- paragraphs (p)(1) through (p)(4) of this performance specification and be hour period preceding or following the section. introduced at the probe. The ‘above ‘above span’ calibration for reporting (1) If you monitor compliance with span’ calibration is successful if the based on the HCl CEMS response to the the HCl emissions limit by operating an value measured by the HCl CEMS is reference gas as follows:

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(2) Install, operate, and maintain a filter bag leak detection system to compliance with the emission standards CMS to monitor wet scrubber or tray comply with the requirements of this of this subpart, except for emission tower parameters, as specified in subpart, you must install, calibrate, standards for THC, subject to the paragraphs (m)(5) and (m)(7) of this maintain, and continuously operate a provisions of paragraphs (o)(1) through section, and dry scrubber, as specified BLDS as specified in paragraphs (o)(6) of this section. in paragraph (m)(8) of this section. (m)(10)(i) through (viii) of this section. * * * * * (3) If the source is equipped with a (i) You must install and operate a (p) Development and Submittal (Upon wet or dry scrubber or tray tower, and BLDS for each exhaust stack of the Request) of Monitoring Plans. If you you choose to monitor SO2 emissions, fabric filter. demonstrate compliance with any monitor SO2 emissions continuously (ii) Each BLDS must be installed, applicable emissions limit through according to the requirements of operated, calibrated, and maintained in performance stack testing or other § 60.63(e) through (f) of part 60 subpart a manner consistent with the emissions monitoring, you must F of this chapter. If SO2 levels increase manufacturer’s written specifications develop a site-specific monitoring plan above the 1 hour average SO2 operating and recommendations and in according to the requirements in limit established during your accordance with the guidance provided paragraphs (p)(1) through (4) of this performance test, you must in EPA–454/R–98–015, September 1997. section. This requirement also applies to (iii) The BLDS must be certified by (i) As soon as possible but no later you if you petition the EPA the manufacturer to be capable of than 48 hours after you deviate from the Administrator for alternative monitoring detecting PM emissions at established SO2 value conduct an parameters under paragraph (o) of this concentrations of 10 or fewer milligrams inspection and take corrective action to section and § 63.8(f). If you use a BLDS, return the SO2 emissions to within the per actual cubic meter. (iv) The BLDS sensor must provide you must also meet the requirements operating limit; and specified in paragraph (p)(5) of this (ii) Within 60 days of the deviation or output of relative or absolute PM section. at the time of the next compliance test, loadings. (1) For each CMS required in this whichever comes first, conduct an HCl (v) The BLDS must be equipped with section, you must develop, and submit emissions compliance test to determine a device to continuously record the to the permitting authority for approval compliance with the HCl emissions output signal from the sensor. upon request, a site-specific monitoring limit and to verify or re-establish the (vi) The BLDS must be equipped with plan that addresses paragraphs (p)(1)(i) SO2 CEMS operating limit. an alarm system that will alert an (m) Parameter Monitoring operator automatically when an increase through (iii) of this section. You must Requirements. If you have an operating in relative PM emissions over a preset submit this site-specific monitoring limit that requires the use of a CMS, you level is detected. The alarm must be plan, if requested, at least 30 days before must install, operate, and maintain each located such that the alert is detected your initial performance evaluation of continuous parameter monitoring and recognized easily by an operator. your CMS. system (CMS) according to the (vii) For positive pressure fabric filter * * * * * procedures in paragraphs (m)(1) through systems that do not duct all (2) In your site-specific monitoring (4) of this section by the compliance compartments of cells to a common plan, you must also address paragraphs date specified in § 63.1351. You must stack, a BLDS must be installed in each (p)(2)(i) through (iii) of this section. also meet the applicable specific baghouse compartment or cell. * * * * * parameter monitoring requirements in * * * * * (5) BLDS Monitoring Plan. Each paragraphs (m)(5) through (m)(11) that (11) * * * monitoring plan must describe the items are applicable to you. (v) Cleaning the BLDS probe or in paragraphs (p)(5)(i) through (v) of this * * * * * otherwise repairing the BLDS; or section. At a minimum, you must retain (7) * * * * * * * * records related to the site-specific (i) Locate the pH sensor in a position (n) Continuous Flow Rate Monitoring monitoring plan and information that provides a representative System. You must install, operate, discussed in paragraphs (m)(1) through measurement of wet scrubber or tray calibrate, and maintain instruments, (4), (m)(10) and (m)(11) of this section tower effluent pH. according to the requirements in for a period of 5 years, with at least the * * * * * paragraphs (n)(1) through (10) of this first 2 years on-site; (9) Mass Flow Rate (for Sorbent section, for continuously measuring and * * * * * Injection) Monitoring Requirements. If recording the stack gas flow rate to 21. Section 63.1351 is amended by: you have an operating limit that allow determination of the pollutant a. Revising paragraphs (c) and (d); and requires the use of equipment to mass emissions rate to the atmosphere b. Adding paragraph (e). monitor sorbent injection rate (e.g., from sources subject to an emissions The revisions and addition read as weigh belt, weigh hopper, or hopper limitation that has a pounds per ton of follows: flow measurement device), you must clinker unit. meet the requirements in paragraphs * * * * * § 63.1351 Compliance dates. (m)(9)(i) through (iii) of this section. (3) [Reserved] * * * * * These requirements also apply to the * * * * * (c) The compliance date for existing sorbent injection equipment of a dry (o) Alternate Monitoring sources for all the requirements that scrubber. Requirements Approval. You may become effective on [DATE 60 DAYS * * * * * submit an application to the AFTER PUBLICATION OF THE FINAL (10) Bag leak detection monitoring Administrator for approval of alternate RULE IN THE Federal Register] will be requirements. If you elect to use a fabric monitoring requirements to demonstrate September 9, 2015.].

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(d) The compliance date for new each reporting period, the reports must emission limit during startup or sources is May 6, 2009 or startup, include all of the calculated 30- shutdown, with a description of the whichever is later. operating day rolling average values method used to estimate emissions. (e) The compliance date for existing derived from the CEMS or Hg sorbent (g)(1) The date, time and duration of and new sources with the requirements trap monitoring systems. each malfunction that causes an affected for open clinker storage piles in (vii) In response to each deviation source to fail to meet an applicable § 63.1343(c) is [DATE 180 DAYS AFTER from an emissions standard or standard; if there was also a monitoring PUBLICATION OF THE FINAL RULE established operating parameter limit, malfunction, the date, time and duration IN THE Federal Register] or startup, the date, duration and description of of the monitoring malfunction; the whichever is later. each deviation and the specific actions record must list the affected source or 22. Section 63.1352 is amended by taken for each deviation including equipment, an estimate of the volume of revising paragraph (b) to read as follows: inspections, corrective actions and each regulated pollutant emitted over repeat performance tests and the results the standard for which the source failed § 63.1352 Additional test methods. of those actions. to meet a standard, and a description of * * * * * * * * * * the method used to estimate the (b) Owners or operators conducting (c) Reporting deviations due to emissions. tests to determine the rates of emission startup, shutdown or malfunctions. For * * * * * of specific organic HAP from raw each deviation from a standard or (h) For each deviation from an material dryers, and kilns at Portland emission limit caused by a startup, emissions standard or established cement manufacturing facilities, solely shutdown, or malfunction at an affected operating parameter limit, you must for use in applicability determinations source, you must report the deviation in keep records of the date, duration and under § 63.1340 of this subpart are the semi-annual compliance report description of each deviation and the permitted to use Method 320 of required by 63.1354(b)(9). The report specific actions taken for each deviation appendix A to this part, or Method 18 must contain the date, time and including inspections, corrective actions of appendix A to part 60 of this chapter. duration, and the cause of each event 23. Section 63.1353 is amended by and repeat performance tests and the (including unknown cause, if adding paragraph (b)(6) to read as results of those actions. applicable), and a sum of the number of follows: * * * * * events in the reporting period. The 26. Section 63.1356 is amended by § 63.1353 Notification Requirements. report must list for each event the revising the section heading and the * * * * * affected source or equipment, an section text to read as follows: (b) * * * estimate of the volume of each regulated (6) Within 48 hours of a deviation that pollutant emitted over the emission § 63.1356 Sources with multiple emissions limit or monitoring requirements. triggers retesting to establish limit for which the source failed to meet compliance and new operating limits, a standard, and a description of the If an affected facility subject to this notify the appropriate permitting agency method used to estimate the emissions. subpart has a different emissions limit of the planned performance tests. The The report must also include a or requirement for the same pollutant notification requirements of § 63.7(e) description of actions taken by an owner under another regulation in title 40 of and 63.9(e) do not apply to retesting or operator during a malfunction of an this chapter, the owner or operator of required for deviations under this affected source to minimize emissions the affected facility must comply with subpart. in accordance with § 63.1348(d), the most stringent emissions limit or including actions taken to correct a * * * * * requirement and is exempt from the less malfunction. 24. Section 63.1354 is amended by: stringent requirement. a. Removing and reserving paragraphs * * * * * 27. Section 63.1357 is amended by: (b)(4) and (5); 25. Section 63.1355 is amended by: a. Revising paragraph (a)(1); and b. Revising paragraph (b)(9)(vi); a. Revising paragraphs (f) and (g)(1); b. Revising paragraph (a)(2). c. Adding paragraph (b)(9)(vii); and and The revisions read as follows: b. Adding paragraph (h). d. Revising paragraph (c). § 63.1357 Temporary, conditioned The revisions, addition, and deletion The revisions read as follows: exemption from particulate matter and read as follows: § 63.1355 Recordkeeping requirements. opacity standards. § 63.1354 Reporting requirements. * * * * * (a) * * * * * * * * (f) The date, time and duration of each (1) Any PM and opacity standards of (b) * * * startup or shutdown which causes the part 60 or part 63 of this chapter that are (9) * * * source to exceed any applicable applicable to cement kilns and clinker (vi) For each PM, HCl, Hg, and THC emission limitation, and (f)(i) through coolers. CEMS or Hg sorbent trap monitoring (iii) of this section; (2) Any permit or other emissions or system, within 60 days after the (i) The date, time, and duration of operating parameter or other limitation reporting periods, you must submit each startup or shutdown period, for on workplace practices that are reports to EPA’s WebFIRE database by any affected source that is subject to an applicable to cement kilns and clinker using the Compliance and Emissions emission standard during startup or coolers to ensure compliance with any Data Reporting Interface (CEDRI) that is shutdown that differs from the emission PM and opacity standards of this part or accessed through EPA’s Central Data standard applicable at other times. part 60 of this chapter. Exchange (CDX) (www.epa.gov/cdx). (ii) The quantity and type of raw feed * * * * * You must use the appropriate electronic and fuel used during the startup or 28. Table 1 to Subpart LLL of Part 63 reporting form in CEDRI or provide an shutdown period. is revised by revising the entries for alternate electronic file consistent with (iii) An estimate of the volume of each 63.6(e)(3), 63.7(b), and 63.9(e) to read as EPA’s reporting form output format. For regulated pollutant emitted over the follows:

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TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Applies to Citation Requirement Subpart LLL Explanation

******* 63.6(e)(3) ...... Startup, Shutdown Malfunction Plan ...... No ...... Startup and shutdown plans addressed in § 63.1347.

******* 63.7(b) ...... Notification period ...... Yes ...... Except for repeat performance test caused by a deviation. See § 63.1353(b)(6).

******* 63.9(e) ...... Notification of performance test ...... Yes ...... Except for repeat performance test caused by a deviation. See § 63.1353(b)(6).

*******

[FR Doc. 2012–16166 Filed 7–17–12; 8:45 am] BILLING CODE 6560–50–P

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Part III

The President

Notice of July 17, 2012—The Continuation of the National Emergency With Respect to the Former Liberian Regime of Charles Taylor

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Federal Register Presidential Documents Vol. 77, No. 138

Wednesday, July 18, 2012

Title 3— Notice of June 14, 2012

The President The Continuation of the National Emergency With Respect to the Former Liberian Regime of Charles Taylor

On July 22, 2004, by Executive Order 13348, the President declared a national emergency and ordered related measures, including the blocking of the property of certain persons connected to the former Liberian regime of Charles Taylor, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). The President took this action to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of former Liberian President Charles Taylor and other persons, in particular their unlawful depletion of Liberian resources and their removal from Liberia and secreting of Liberian funds and property, which have undermined Liberia’s transition to democ- racy and the orderly development of its political, administrative, and eco- nomic institutions and resources. Although Liberia has made advances to promote democracy, and the Special Court for Sierra Leone recently convicted Charles Taylor for war crimes and crimes against humanity, the actions and policies of Charles Taylor and others have left a legacy of destruction that could still challenge Liberia’s transformation and recovery. Because the actions and policies of these per- sons continue to pose an unusual and extraordinary threat to the foreign policy of the United States, the national emergency declared on July 22, 2004, and the measures adopted on that date to deal with that emergency, must continue in effect beyond July 22, 2012. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13348. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, July 17, 2012. [FR Doc. 2012–17703 Filed 7–17–12; 2:15 pm] Billing code 3295–F2–P

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Reader Aids Federal Register Vol. 77, No. 138 Wednesday, July 18, 2012

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 171...... 39442 741–6000 430...... 40530 Executive orders and proclamations Proclamations: The United States Government Manual 741–6000 8840...... 39885 12 CFR Other Services Executive Orders 404...... 41885 Electronic and on-line services (voice) 741–6020 12382 (amended by 614...... 39387 Privacy Act Compilation 741–6064 13618) ...... 40779 1005...... 40459 Public Laws Update Service (numbers, dates, etc.) 741–6043 12472 (revoked by 1070...... 39617 TTY for the deaf-and-hard-of-hearing 741–6086 13618) ...... 40779 Proposed Rules: 13618...... 40779 1254...... 41107 ELECTRONIC RESEARCH 13619...... 41243 Administrative Orders: 13 CFR World Wide Web Notices: 115...... 41663 Full text of the daily Federal Register, CFR and other publications Notice of July 17, Proposed Rules: is located at: www.fdsys.gov. 2012 ...... 42415 121...... 42197, 42211 Federal Register information and research tools, including Public Presidential Inspection List, indexes, and links to GPO Access are located at: Determinations: 14 CFR www.ofr.gov. No. 2012–10 of June 1...... 39388, 40478 E-mail 25, 2012 ...... 39615 25...... 40255 33...... 39623 5 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 39 ...... 39153, 39156, 39157, an open e-mail service that provides subscribers with a digital 532...... 41247 39159, 39624, 40479, 40481, form of the Federal Register Table of Contents. The digital form 2634...... 39143 40485, 41041, 41045, 41886, of the Federal Register Table of Contents includes HTML and 41889, 41891, 41895, 41897 7 CFR PDF links to the full text of each document. 67...... 39389 To join or leave, go to http://listserv.access.gpo.gov and select 2...... 40249 71 ...... 40488, 40489, 40490, Online mailing list archives, FEDREGTOC-L, Join or leave the list 520...... 40249 40492, 41259 (or change settings); then follow the instructions. 759...... 41248 93...... 39911 762...... 41248 PENS (Public Law Electronic Notification Service) is an e-mail 97...... 41666, 41668 915...... 39150 service that notifies subscribers of recently enacted laws. 117...... 40790 930...... 40250 129...... 40493 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1485...... 41885 and select Join or leave the list (or change settings); then follow Proposed Rules: 1902...... 41256 Ch. 1 ...... 40310 the instructions. 1945...... 41248 25...... 41930 FEDREGTOC-L and PENS are mailing lists only. We cannot 1980...... 40785 39 ...... 39186, 39188, 39444, respond to specific inquiries. 3560...... 40253 39446, 40307, 40820, 40822, Reference questions. Send questions and comments about the Proposed Rules: 40823, 40826, 40830, 40832, Federal Register system to: [email protected] 51...... 41707 41931, 41934, 41937, 42225 457...... 41709 71 ...... 39651, 39652, 39653, The Federal Register staff cannot interpret specific documents or 925...... 39184 regulations. 40834, 41108, 41939, 42228 1220...... 40529 120...... 39194 Reminders. Effective January 1, 2009, the Reminders, including 9 CFR 121...... 39654 Rules Going Into Effect and Comments Due Next Week, no longer 382...... 39800 appear in the Reader Aids section of the Federal Register. This 417...... 39895 information can be found online at http://www.regulations.gov. Proposed Rules: 15 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1...... 41716 734...... 39354 longer appears in the Federal Register. This information can be 2...... 41716 738...... 39354 found online at http://bookstore.gpo.gov/. 107...... 42195 740...... 39354, 40493 742...... 39354, 40493 10 CFR FEDERAL REGISTER PAGES AND DATE, JULY 743...... 39354 Ch. I ...... 39899 744...... 39354 39143–39384...... 2 2...... 39385 746...... 39354 39385–39616...... 3 171...... 39385 748 ...... 39354, 40258, 40493 39617–39894...... 5 1703...... 41258 750...... 40493 39895–40248...... 6 Proposed Rules: 752...... 39354, 40493 40249–40458...... 9 2...... 39442 760...... 40493 40459–40778...... 10 20...... 41107 770...... 39354 40779–41040...... 11 30...... 41107 772...... 39354, 41670 41041–41242...... 12 40...... 41107 774 ...... 39162, 39354, 41670 41243–41662...... 13 50...... 41107 41663–41884...... 16 61...... 40817 16 CFR 41885–42174...... 17 70...... 41107 Proposed Rules: 42175–42416...... 18 72...... 41107 23...... 39201

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17 CFR 28 CFR 1195...... 39656 431...... 41548 484...... 41548 Ch. I ...... 41260 Proposed Rules: 37 CFR 1...... 39626 16...... 40539 488...... 41548 229...... 39380, 42175 1...... 42150 489...... 41548 240 ...... 39380, 39626, 41602, 29 CFR 41...... 42150 498...... 41548 41671 1983...... 40494 202...... 40268 249...... 41602, 42176 2550...... 41678 38 CFR 44 CFR Proposed Rules: 4022...... 41270 0...... 41273 64...... 39642, 41320 Ch. I...... 41110, 41214 Proposed Rules: 3...... 40524, 40525 67...... 41323 23...... 41109 2550...... 41716 39...... 41940 Proposed Rules: 30 CFR 64...... 42230 47 CFR 914...... 41680 2...... 41919 18 CFR 39 CFR 948...... 40793 10...... 41331 35...... 41482 950...... 40796 111...... 40527 20...... 41919 Proposed Rules: Proposed Rules: Proposed Rules: 54...... 39435, 42185 35...... 39447, 40414 938...... 40836 501...... 41336 64...... 42187 37...... 40414 1206...... 42230 3050...... 41336 73...... 39439, 40276 40...... 39858 76...... 40276 101...... 40414 40 CFR 31 CFR Proposed Rules: Proposed Rules: Ch. I ...... 42181 15...... 39206 19 CFR Ch. X...... 41334 9...... 41692 64...... 41955 12...... 41266 52 ...... 39177, 39180, 39181, 301...... 41956 Proposed Rules: 32 CFR 39425, 39938, 39943, 40150, 201...... 41120 239...... 39627 41051, 41276, 41278, 41279, 48 CFR 210...... 41120 706...... 39629 41697, 41914, 41916 351...... 40534, 41952 2003...... 40261 63...... 41075 1002...... 40302 Proposed Rules: 131...... 39949 1032...... 40302 21 CFR 199...... 39655 141...... 39182 1052...... 40302 142...... 39182 Proposed Rules: 74...... 39921 33 CFR 177...... 41899 171...... 39640 15...... 40552 522...... 39380 100 ...... 39393, 39395, 39398, 180 ...... 40271, 40806, 40812, 556...... 39380 39630, 39632, 39633, 41902 41081, 41284 49 CFR 870...... 39924 117 ...... 40265, 40266, 40509, 271...... 41292 375...... 41699 41685 272...... 41292 Proposed Rules: Proposed Rules: 147...... 39164 16...... 40736 370...... 41300 171...... 39662 165 ...... 39169, 39170, 39172, 172...... 42229 721...... 41692 173...... 39662 39174, 39398, 39402, 39404, 175...... 41953 Proposed Rules: 178...... 39662 39406, 39408, 39411, 39413, 801...... 40736 50...... 39205, 39959 571...... 39206, 40843 803...... 40736 39413, 39418, 39420, 39422, 51...... 39205, 39959 39633, 39638, 40266, 40509, 52 ...... 39205, 39456, 39458, 806...... 40736 50 CFR 810...... 40736 40511, 40513, 40515, 40518, 39657, 39659, 40315, 40317, 814...... 40736 40521, 40798, 40800, 41048, 40550, 41132, 41337, 41343, 17...... 41088 820...... 40736 41271, 41686, 41688, 41902, 41954 600...... 42189 821...... 40736 41909, 41911, 41914, 42176, 53...... 39205 622...... 39647, 42192 822...... 40736 42179 58...... 39205 635...... 39648 830...... 40736 401...... 40802 60...... 42368 648...... 40527, 41704 890...... 39953 Proposed Rules: 63...... 41146, 42368 679 ...... 39183, 39440, 39441, 100...... 39453 81...... 41132 39649, 40305, 40816, 41332, 22 CFR 165 ...... 39453, 40541, 40544, 180...... 39962, 41346 42193 41717 126...... 39392 261...... 41720 Proposed Rules: 271...... 41348 17 ...... 39666, 39670, 39965, 232...... 40790 34 CFR 272...... 41348 40172, 40222, 40706, 41147, 690...... 40805 24 CFR 300...... 40318 42238 Proposed Rules: 20...... 39983 Proposed Rules: 674...... 42086 41 CFR 32...... 41002 232...... 40310 682...... 42086 128–1...... 41316 Ch. II ...... 41728 Ch. IX...... 39452 685...... 42086 Ch. III ...... 41728 42 CFR 300...... 40553 26 CFR 36 CFR Proposed Rules: Ch. IV...... 41728 1...... 41048, 41270 4...... 39927 409...... 41548 Ch. V...... 41728 602...... 41048, 41270 294...... 39576 413...... 40952 Ch. VI...... 41728 Proposed Rules: Proposed Rules: 417...... 40952 600...... 39459 1...... 39452, 39655 7...... 40547 424...... 41548 622 ...... 39460, 40561, 42251

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pamphlet) form from the the District of Columbia, and subscribe, go to http:// Superintendent of Documents, for other purposes. (July 9, listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS U.S. Government Printing 2012; 126 Stat. 990) publaws-l.html Office, Washington, DC 20402 This is a continuing list of S. 3187/P.L. 112–144 (phone, 202–512–1808). The public bills from the current Food and Drug Administration text will also be made Note: This service is strictly session of Congress which Safety and Innovation Act available on the Internet from for E-mail notification of new have become Federal laws. It (July 9, 2012; 126 Stat. 993) GPO’s Federal Digital System laws. The text of laws is not may be used in conjunction (FDsys) at http://www.gpo.gov/ Last List July 10, 2012 available through this service. with ‘‘P L U S’’ (Public Laws Update Service) on 202–741– fdsys. Some laws may not yet PENS cannot respond to 6043. This list is also be available. specific inquiries sent to this available online at http:// Public Laws Electronic address. H.R. 33/P.L. 112–142 Notification Service www.archives.gov/federal- Church Plan Investment register/laws. Clarification Act (July 9, 2012; (PENS) The text of laws is not 126 Stat. 989) published in the Federal H.R. 2297/P.L. 112–143 PENS is a free electronic mail Register but may be ordered To promote the development notification service of newly in ‘‘slip law’’ (individual of the Southwest waterfront in enacted public laws. To

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