Vol. 76 Tuesday, No. 104 May 31, 2011

Pages 31217–31450

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 104

Tuesday, May 31, 2011

Agricultural Marketing Service Children and Families Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 31340–31341 Nectarines and Peaches Grown in California; Withdrawal, Meetings: 31295 President’s Committee for People with Intellectual Disabilities, 31341–31342 Agriculture Department See Agricultural Marketing Service Coast Guard See Animal and Plant Health Inspection Service RULES See Farm Service Agency Safety Zones: See Foreign Agricultural Service M.I.T.’s 150th Birthday Celebration Fireworks, Charles See Forest Service River, Boston, MA, 31230–31232 See National Institute of Food and Agriculture Ocean City Air Show, Atlantic Ocean, Ocean City, MD, See Rural Business-Cooperative Service 31235–31237 See Rural Housing Service Underwater Hazard, Gravesend Bay, Brooklyn, NY, See Rural Utilities Service 31233–31235 Vessel Traffic Service Lower Mississippi River; Correction, Animal and Plant Health Inspection Service 31230 RULES NOTICES Importation of Horses From Contagious Equine Metritis- Cruise Vessel Safety and Security Act of 2010: Affected Countries, 31220–31221 Available Technology, 31350–31351 Safety Requirements and Manning Exemption Eligibility on Antitrust Division Distant Water Tuna Fleet Vessels, 31351–31352 NOTICES National Cooperative Research and Production Act of 1993: Versatile Onboard Traffic Embedded Roaming Sensors, Commerce Department etc., 31362 See Industry and Security Bureau See International Trade Administration Army Department See National Oceanic and Atmospheric Administration See Engineers Corps See Patent and Trademark Office NOTICES Intent to License Government-Owned Inventions Commission of Fine Arts Exclusively, 31307–31308 NOTICES Meetings: Meetings, 31307 Board of Visitors, United States Military Academy, 31308

Arts and Humanities, National Foundation Defense Department See National Foundation on the Arts and the Humanities See Army Department See Engineers Corps Broadcasting Board of Governors RULES NOTICES Federal Acquisition Regulations: Meetings; Sunshine Act, 31300–31301 Buy American Exemption for Commercial Information Technology—Construction Material, 31415 Bureau of Consumer Financial Protection Contract Closeout, 31402–31410 RULES Federal Acquisition Circular 2005–52; Introduction, Identification of Enforceable Rules and Orders, 31222– 31394–31395 31223 Federal Acquisition Circular 2005–52; Small Entity Compliance Guide, 31424 Centers for Disease Control and Prevention Oversight of Contractor Ethics Programs, 31416 Prohibition on Contracting with Inverted Domestic NOTICES Corporations, 31410–31415 Agency Information Collection Activities; Proposals, Sustainable Acquisition, 31395–31402 Submissions, and Approvals, 31336–31337 Technical Amendments, 31416–31423 Delegations of Authority, 31337

Centers for Medicare & Medicaid Services Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31337–31340 Submissions, and Approvals, 31310–31312 Medicare Program: Federal Family Education Loan Program, 31312–31317 Closure of St. Vincents Medical Center, 31340 Privacy Act; Systems of Records, 31317–31318

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Employment and Training Administration Federal Aviation Administration NOTICES RULES Funding Availability: Special Conditions: Cooperative Agreements under the Disability Bombardier Model BD–700–1A10 and BD–700–1A11 Employment Initiative, 31366–31367 Airplanes, Head-up Display with Video Synthetic Vision System, 31223–31225 Energy Department See Federal Energy Regulatory Commission Federal Communications Commission NOTICES RULES Meetings: Fixed and Mobile Services in Certain Mobile Satellite Advisory Board Natural Gas Subcommittee, 31318–31319 Service Bands, 31252–31260 Biological and Environmental Research Advisory Relay Services for Deaf–Blind Individuals, 31261 Committee; Teleconference, 31319 NOTICES Environmental Management Advisory Board, 31319– Agency Information Collection Activities; Proposals, 31320 Submissions, and Approvals, 31331–31333 Engineers Corps NOTICES Federal Deposit Insurance Corporation Environmental Impact Statements; Availability, etc.: NOTICES Combined Operational Plan, Miami–Dade County, FL, Updated Listing of Financial Institutions in Liquidation, 31308–31309 31333–31334 Missouri River Recovery Implementation Committee Membership; Solicitation of Applications, 31309–31310 Federal Emergency Management Agency NOTICES Environmental Protection Agency Major Disaster Declarations: RULES Kentucky; Amendment No. 6, 31353 Approval and Promulgation of Air Quality Implementation Missouri; Amendment No. 1, 31352 Plans: Wisconsin; Amendment No. 2, 31352–31353 Pennsylvania; Determination of Attainment for the Pittsburgh–Beaver Valley 8-Hour Ozone Federal Energy Regulatory Commission Nonattainment Area, 31237–31239 NOTICES Approval and Promulgation of Implementation Plans and Agency Information Collection Activities; Proposals, Designations of Areas for Air Quality Planning Submissions, and Approvals, 31320–31322 Purposes Applications: Alabama, Georgia, and Tennessee: Determination of Distrigas of Massachusetts LLC, 31323–31324 Attaining Data for the 1997 Annual Fine Particulate Union Electric Co. (dba Ameren Missouri), 31322–31323 Standard for Chattanooga Area, 31239–31241 Combined Filings, 31324–31325 Approval and Promulgation of Implementation Plans: Records Governing Off-the-Record Communications, 31325– Extension of Attainment Date for the Charlotte–Gastonia– 31326 Rock Hill, North Carolina–South Carolina 1997 8- Requests Under Blanket Authorizations: Hour Ozone Moderate Nonattainment Area, 31245– Gulf LNG Pipeline, LLC, 31326–31327 31252 Prevention of Significant Deterioration Program: Federal Motor Carrier Safety Administration Delegation Agreement with Massachusetts Department of PROPOSED RULES Environmental Protection, 31241–31242 Applicability of Regulations to Operators of Certain Farm State Implementation Plans: Vehicles and Off-Road Agricultural Equipment, 31279– California, Santa Barbara County Air Pollution Control 31282 District; Revisions, 31242–31245 PROPOSED RULES Federal Reserve System Approvals and Promulgations of Implementation Plans: RULES California; Interstate Transport of Pollution; Interference Truth in Lending; Correction, 31221–31222 with Prevention of Significant Deterioration NOTICES Requirement, 31263–31271 Agency Information Collection Activities; Proposals, Preliminary Regulatory Determinations for the Third Submissions, and Approvals, 31334 Contaminant Candidate List, 31271–31272 NOTICES Draft National Coastal Condition Report IV, 31327–31328 Federal Trade Commission Meetings: NOTICES Good Neighbor Environmental Board, 31328 Agency Information Collection Activities; Proposals, Radiogenic Cancer Risk Models and Projections for the U.S. Submissions, and Approvals, 31334–31336 Population (Blue Book), 31329–31330 Regional Project Waiver of Buy American Section of the Fine Arts Commission American Recovery and Reinvestment Act: See Commission of Fine Arts City of Marathon, FL, 31330–31331 Fish and Wildlife Service Farm Service Agency PROPOSED RULES RULES Endangered and Threatened Wildlife and Plants: Single Family Housing Guaranteed Loan Program, 31217– 12-Month Finding on a Petition to List Puerto Rican 31220 Harlequin Butterfly as Endangered, 31282–31294

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Food and Drug Administration See U.S. Customs and Border Protection NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Privacy Compliance Basics and 2011 Developments, Current Good Manufacturing Practice Regulations for 31350 Finished Pharmaceuticals, 31342–31345 Cooperative Arrangement with Inter-American Institute for Housing and Urban Development Department Cooperation in Agriculture, 31345–31348 NOTICES Regulatory Review Period for Purposes of Patent Agency Information Collection Activities; Proposals, Extensions: Submissions, and Approvals: ACTEMRA, 31349 Congregate Housing Services Program, 31356 Technical Assistance Experience, Expertise, and Awards Foreign Agricultural Service Received Matrices, 31356–31357 NOTICES WTO Agricultural Safeguard Trigger Levels, 31295–31297 Industry and Security Bureau NOTICES Forest Service Meetings: NOTICES Regulations and Procedures Technical Advisory Meetings: Committee, 31301 Dixie Resource Advisory Committee, 31297 Huron Manistee Resource Advisory Committee, 31298 Interior Department Northern New Mexico Resource Advisory Committee, See Fish and Wildlife Service 31299 See Geological Survey Ravalli County Resource Advisory Committee, 31297– See National Park Service 31298 International Trade Administration Sitka Resource Advisory Committee, 31297 NOTICES South Gifford Pinchot Resource Advisory Committee, Scope Rulings, 31301–31303 31298–31299 Trinity County Resource Advisory Committee, 31297 International Trade Commission NOTICES General Services Administration Scheduling of an Expedited Five-Year Review Concerning RULES the Antidumping Duty Order: Federal Acquisition Regulations: Paper Clips from China, 31360 Buy American Exemption for Commercial Information Technology—Construction Material, 31415 Justice Department Contract Closeout, 31402–31410 See Antitrust Division Federal Acquisition Circular 2005–52; Introduction, See National Institute of Corrections 31394–31395 RULES Federal Acquisition Circular 2005–52; Small Entity Procedures Governing Administrative Review of a United Compliance Guide, 31424 States Trustees Decision to Deny a Chapter 12 or Oversight of Contractor Ethics Programs, 31416 Chapter 13 Standing Trustees Claim of Actual, Prohibition on Contracting with Inverted Domestic Necessary Expenses, 31225–31230 Corporations, 31410–31415 NOTICES Sustainable Acquisition, 31395–31402 Lodging of Consent Decree Under CERCLA, 31360–31361 Technical Amendments, 31416–31423 Lodging of Consent Decree Under the Clean Air Act, 31361 Lodging of Consent Decree Under the Clean Water Act, Geological Survey 31361–31362 NOTICES Lodging of Proposed Amendment to Consent Decree Under Agency Information Collection Activities; Proposals, the Clean Water Act, 31362 Submissions, and Approvals: Ferrous Metals Surveys, 31357–31358 Labor Department See Employment and Training Administration Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals: See Children and Families Administration Fire Brigades, 31364–31365 See Food and Drug Administration List of Products Requiring Federal Contractor Certification See National Institutes of Health as to Forced or Indentured Child Labor; Revisions, PROPOSED RULES 31365–31366 HIPAA Privacy Rule Accounting of Disclosures under the Health Information Technology for Economic and National Aeronautics and Space Administration Clinical Health Act, 31426–31449 RULES Permanent Certification Program for Health Information Federal Acquisition Regulations: Technology; Revisions, 31272–31279 Buy American Exemption for Commercial Information Technology—Construction Material, 31415 Homeland Security Department Contract Closeout, 31402–31410 See Coast Guard Federal Acquisition Circular 2005–52; Introduction, See Federal Emergency Management Agency 31394–31395

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Federal Acquisition Circular 2005–52; Small Entity Environmental Assessments; Availability, etc.: Compliance Guide, 31424 ABB, Inc., License Amendment, Windsor, CT, 31379– Oversight of Contractor Ethics Programs, 31416 31381 Prohibition on Contracting with Inverted Domestic Proposed Revision 4 to Standard Review Plan on Electric Corporations, 31410–31415 Power, 31381–31382 Sustainable Acquisition, 31395–31402 Regulatory Guides; Issuance, 31382 Technical Amendments, 31416–31423 Overseas Private Investment Corporation National Archives and Records Administration NOTICES NOTICES Meetings; Sunshine Act, 31382–31383 Meetings: Advisory Committee on the Records of Congress, 31367 Patent and Trademark Office NOTICES National Foundation on the Arts and the Humanities Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 31305–31306 Agency Information Collection Activities; Proposals, Registered Patent Attorneys and Agents Admitted to Submissions, and Approvals: Practice Before the USPTO: IMLS Digital Collections and Content; An Assessment of Proposed Additions, 31306–31307 Opening History, 31368–31369 Sustaining Digitized Special Collections and Archives Peace Corps Survey, 31367–31368 NOTICES Agency Information Collection Activities; Proposals, National Institute of Corrections Submissions, and Approvals, 31383 NOTICES Cooperative Agreements: Railroad Retirement Board Document; Tools in Assessing Inmates’ Risks and Needs; PROPOSED RULES The Assessment Interview, 31363–31364 Application for Annuity or Lump Sum, 31262–31263 National Institute of Food and Agriculture Rural Business-Cooperative Service NOTICES RULES Request for Applications for the Veterinary Medicine Loan Single Family Housing Guaranteed Loan Program, 31217– Repayment Program, 31299–31300 31220 National Institutes of Health Rural Housing Service NOTICES Meetings: RULES Advisory Committee to the Director, 31349–31350 Single Family Housing Guaranteed Loan Program, 31217– 31220 National Oceanic and Atmospheric Administration NOTICES Rural Utilities Service Environmental Impact Statements; Availability, etc.: RULES Washington Coastal Zone Management Program, 31303– Single Family Housing Guaranteed Loan Program, 31217– 31304 31220 Meetings: New England Fishery Management Council, 31304–31305 Securities and Exchange Commission Request for Nominations: NOTICES Advisory Panel and Joint Management Committee; Pacific Meetings; Sunshine Act, 31383–31384 Whiting, 31305 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 31385–31387 National Park Service NASDAQ OMX PHLX LLC, 31384–31385 NOTICES Agency Information Collection Activities; Proposals, Small Business Administration Submissions, and Approvals: NOTICES Procedures for State, Tribal, and Local Government Disaster Declarations: Historic Preservation Programs, 31358–31359 Alabama; Amendment 2, 31388 Environmental Impact Statements; Availability, etc.: Idaho, 31388–31389 Lake Clark National Park and Preserve, Alaska, 31359– Kentucky, 31387 31360 Kentucky; Amendment 2, 31389 Mississippi; Amendment 2, 31389 Nuclear Regulatory Commission Missouri; Amendment 1, 31388 NOTICES Missouri; Amendment 2, 31387–31388 Agency Information Collection Activities; Proposals, North Dakota, 31389–31390 Submissions, and Approvals, 31369 Applications and Amendments to Facility Operating State Department Licenses Involving No Significant Hazards NOTICES Considerations, 31369–31379 Determination and Certification Under Section 40A of the Bulletin 2011–01, Mitigating Strategies; Issuance, 31379 Arms Export Control Act, 31390

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Susquehanna River Basin Commission General Services Administration, 31394–31424 NOTICES National Aeronautics and Space Administration, 31394– Meetings, 31390–31392 31424 Transportation Department See Federal Aviation Administration Part III See Federal Motor Carrier Safety Administration Health and Human Services Department, 31426–31449 U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Reader Aids Submissions, and Approvals: Consult the Reader Aids section at the end of this page for Crewmans Landing Permit, 31353–31354 phone numbers, online resources, finding aids, reminders, Determinations: and notice of recently enacted public laws. Transit Connect Electric Vehicle, 31354–31355 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Separate Parts In This Issue listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Part II settings); then follow the instructions. Defense Department, 31394–31424

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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.

7 CFR 1980...... 31217 9 CFR 93...... 31220 12 CFR 226...... 31221 Chapter X ...... 31222 14 CFR 25...... 31223 20 CFR Proposed Rules: 217...... 31262 28 CFR 58...... 31225 33 CFR 161...... 31230 165 (3 documents) ...... 31230, 31233, 31235 40 CFR 52 (4 documents) ...... 31237, 31239, 31241, 31242 81...... 31245 Proposed Rules: 52...... 31263 141...... 31271 45 CFR Proposed Rules: 164...... 31426 170...... 31272 47 CFR 1...... 31252 2...... 31252 25...... 31252 64...... 31261 48 CFR Ch. 1 (2 documents) ...... 31394 1...... 31395 2...... 31395 4 (3 documents) ...... 31395, 31402, 31410 5...... 31395 7...... 31395 9...... 31410 11...... 31395 12...... 31395 13...... 31395 23...... 31395 25...... 31415 36...... 31395 37...... 31395 39...... 31395 42 (2 documents) ...... 31402, 31416 52 (5 documents) ...... 31395, 31402, 31410, 31415, 31416 53...... 31416 49 CFR Proposed Rules: 383...... 31279 390...... 31279 50 CFR Proposed Rules: 17...... 31282

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Rules and Regulations Federal Register Vol. 76, No. 104

Tuesday, May 31, 2011

This section of the FEDERAL REGISTER Classification subpart G, ‘‘Environmental Program.’’ It contains regulatory documents having general is the determination of the Agency that applicability and legal effect, most of which This final rule has been determined to be non-significant by the Office of this action does not constitute a major are keyed to and codified in the Code of Federal action significantly affecting the Federal Regulations, which is published under Management and Budget (OMB) under 50 titles pursuant to 44 U.S.C. 1510. Executive Order 12866. quality of the human environment, and, in accordance with the National The Code of Federal Regulations is sold by Executive Order 12988 Environmental Policy Act of 1969, 42 the Superintendent of Documents. Prices of This rule has been reviewed under U.S.C. 4321 et seq., neither an new books are listed in the first FEDERAL Executive Order 12988, Civil Justice Environmental Assessment nor an REGISTER issue of each week. Reform. Except where specified, all Environmental Impact Statement is State and local laws and regulations that required. are in direct conflict with this rule will DEPARTMENT OF AGRICULTURE Federalism—Executive Order 13132 be preempted. Federal funds carry Rural Housing Service Federal requirements. No person is The policies contained in this rule do required to apply for funding under this not have any substantial direct effect on Rural Business-Cooperative Service program, but if they do apply and are States, on the relationship between the selected for funding, they must comply national government and States, or on Rural Utilities Service with the requirements applicable to the the distribution of power and Federal program funds. This rule is not responsibilities among the various Farm Service Agency retroactive. It will not affect agreements levels of government. Nor does this rule entered into prior to the effective date impose substantial direct compliance 7 CFR Part 1980 of the rule. Before any judicial action costs on State and local governments. may be brought regarding the provisions Therefore, consultation with the States of this rule, the administrative appeal is not required. RIN 0575–AC83 provisions of 7 CFR part 11 must be Single Family Housing Guaranteed exhausted. Regulatory Flexibility Act Loan Program Unfunded Mandates Reform Act In compliance with the Regulatory AGENCIES: Rural Housing Service, Rural Title II of the Unfunded Mandates Flexibility Act (5 U.S.C. 601 et seq.) the Business-Cooperative Service, Rural Reform Act of 1995 (UMRA), Public undersigned has determined and Utilities Service, Farm Service Agency, Law 104–4, establishes requirements for certified by signature of this document USDA. Federal agencies to assess the effect of that this rule change will not have a ACTION: Final rule. their regulatory actions on State, local, significant impact on a substantial and tribal governments and the private number of small entities. This rule does SUMMARY: This final rule implements sector. Under section 202 of the UMRA, not impose any significant new two changes in the regulations for the the Agency generally must prepare a requirements on Agency applicants and Rural Housing Service (RHS) Section written statement, including a cost- borrowers, and the regulatory changes 502 Single Family Housing Guaranteed benefit analysis, for proposed and final affect only Agency determination of Loan Program (SFHGLP) by eliminating rules with ‘‘Federal mandates’’ that may program benefits for guarantees of loans the lender’s published Department of result in expenditures to State, local, or made to individuals. Changes impacting Veterans Affairs (VA) rate for first tribal governments, in the aggregate, or lenders will impact all approved lenders mortgage loans with no discount points to the private sector, of $100 million, or doing business under this program. as an option for a maximum interest rate more, in any one year. When such a There is no distinction made between on loans and by allowing the Secretary statement is needed for a rule, section small and large lenders. to seek indemnification from the 205 of the UMRA generally requires the originating lender if a loss is paid under Agency to identify and consider a Intergovernmental Consultation certain circumstances. This action is reasonable number of regulatory This program/activity is not subject to taken to achieve savings for the alternatives and adopt the least costly, the provisions of Executive Order most cost-effective, or least burdensome taxpayer, simplify regulations, and 12372, which require intergovernmental alternative that achieves the objectives promote efficiency in managing the consultation with State and local of the rule. SFHGLP. officials. (See the Notice related to 7 This rule contains no Federal DATES: Effective Date: August 1, 2011. CFR part 3015, subpart V, at 48 FR mandates (under the regulatory 29112, June 24, 1983; 49 FR 22675, May FOR FURTHER INFORMATION CONTACT: provisions of Title II of the UMRA) for 31, 1984; 50 FR 14088, April 10, 1985.) Joaquin Tremols, Acting Director, Single State, local, and tribal governments or Family Housing Guaranteed Loan the private sector. Therefore, this rule is Programs Affected Division, USDA Rural Development, not subject to the requirements of Room 2241, STOP 0784, 1400 sections 202 and 205 of the UMRA. This program is listed in the Catalog Independence Ave., SW., Washington, of Federal Domestic Assistance under DC 20250, Telephone: (202) 720–1465, Environmental Impact Statement Number 10.410, Very Low to Moderate E-mail: [email protected]. This document has been reviewed in Income Housing Loans (Section 502 SUPPLEMENTARY INFORMATION: accordance with 7 CFR part 1940, Rural Housing Loans).

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Paperwork Reduction Act discount points or the current Federal implement the new policy. This The information collection and record National Mortgage Association (Fannie commenter requested that the final rule keeping requirements contained in this Mae) rate as defined in 7 CFR provide at least a 60-day regulation have been approved by OMB 1980.302(a), currently defined as the implementation period to allow lenders in accordance with the Paperwork current Fannie Mae posted yield for 90- to make necessary system changes. The Reduction Act of 1995 (44 U.S.C. 3501 day delivery (Actual/Actual), plus six- Agency notes that the effective date of et seq.). The assigned OMB control tenths of 1 percent for 30-year fixed rate the final rule is 60 days from the date number is 0575–0078. conventional loans, rounded up to the of publication in the Federal Register. nearest one-quarter of 1 percent. The The commenter also recommended E-Government Act Compliance first change made by this final rule that the Agency revise the rule to The Rural Housing Service is eliminates the lender’s published VA require that the Ginnie Mae index be committed to complying with the E- rate for first mortgage loans with no used if the Fannie Mae index is not Government Act, to promote the use of discount points as an option for a available. The commenter made this the Internet and other information maximum interest rate on loans. The recommendation because the technologies to provide increased effect of this action is to create a more commenter is concerned about future opportunities for citizen access to uniform, simpler standard for interest changes to government sponsored Government information and services, rates under the SFHGLP, whereby enterprises (GSEs). The Agency is aware and for other purposes. lenders will always use the current of the vulnerabilities surrounding the Fannie Mae rate as the rate ceiling. The GSEs and the potential for future Non-Discrimination Statement Fannie Mae rate is the interest rate changes; however, the Agency believes The U.S. Department of Agriculture guidance most widely utilized by it would be premature to name a backup (USDA) prohibits discrimination in all approved lenders. It is also the most index at this time. Additionally, Ginnie its programs and activities on the basis accessible to lenders and the Agency Mae does not publish a similar index. of race, color, national origin, age, when documenting loan files to ensure The Agency, therefore, has made no disability, and where applicable, sex, affordable interest rates are extended to changes to the final rule in response to marital status, familial status, parental SFHGLP borrowers. this comment. status, religion, sexual orientation, The second change made by this final One commenter expressed concern genetic information, political beliefs, rule relates to the rights of the Secretary that the proposed indemnification reprisal, or because all or part of an when the Secretary has to pay a claim policy is too broad. The commenter individual’s income is derived from any under the guarantee for the loan and the agreed that indemnification is public assistance program. (Not all original lender did not originate the appropriate in cases where a lender prohibited bases apply to all programs.) loan in accordance with the program commits fraud, but the commenter Persons with disabilities who require requirements. This change allows the expressed concern about a lender being alternative means for communication of Secretary in certain circumstances to required to provide indemnification due program information (Braille, large seek indemnification from the to an oversight by the lender or print, audiotape, etc.) should contact originating lender for the Secretary’s deception by the borrower. The Agency USDA’s TARGET Center at (202) 720– loss. This change promises to save has revised the rule to clarify and limit 2600 (voice and TDD). To file a taxpayer money and incentivize due the circumstances under which complaint of discrimination, write to care on the part of lenders by allowing indemnification may be required. These USDA, Director, Office of Civil Rights, the Government to recoup the funds it changes, which address the 1400 Independence Avenue, SW., pays out in the event of a claim under commenter’s concerns, are described in Washington, DC 20250–9410, or call the guarantee where the original lender greater detail below. (800) 795–3272 (voice) or (202) 720– did not comply with SFHGLP Another commenter made similar 6382 (TDD). USDA is an equal requirements. comments. The commenter agreed that opportunity provider, employer, and indemnification is appropriate in cases Discussion of Public Comments lender. of lender fraud or lender negligence, but Received on the May 19, 2010 Proposed the commenter expressed concern about Background Rule lenders being held liable due to In the spring of 2009, the Inspector The Agency received comments from unforeseen circumstances or General completed an audit of the three different sources in response to circumstances beyond their control. controls over lending activities in the the Proposed Rule. These comments This commenter recommended four SFHGLP. The audit evaluated the came from advocacy groups and a specific changes to the rule. systems and processes to ensure that community bank. First, the commenter stated that lenders (1) submit accurate and One commenter submitted a comment lender indemnification for fraud should legitimate borrower eligibility data and on the Single Family Housing Direct exclude fraud committed by a third (2) set interest rates on loans within Loan Program and expressed general party, such as a borrower, real estate Agency guidelines. The audit report concern about the affordability of agent, or seller. The Agency does not made a number of recommendations for housing for low-income families. The intend to seek indemnification when what the SFHGLP can do to streamline Agency acknowledges this comment fraud was committed by a third party operations, prevent fraud, and improve and notes that the changes being and the lender had no knowledge of efficiency in its mission. As a result of adopted will affect only the Guaranteed such fraud. The Agency has revised the the audit a proposed rule was published Loan Program. rule to clarify that indemnification will in the Federal Register on May 19, 2010 One commenter agreed with the apply ‘‘when there was fraud or (75 FR 27949). Agency that the Fannie Mae published misrepresentation in connection with Under the existing SFHGLP rate is used by a much broader base of origination of the loan of which the regulation, lenders may set an interest investors than the VA index and stated originating Lender had actual rate for a loan that does not exceed the that the rule change creating a uniform knowledge at the time it became such higher of the Lender’s published rate for standard will cause only minimal Lender or which the originating Lender VA first mortgage loans with no disruptions in business while lenders participated in or condoned.’’

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Second, the commenter stated that misrepresentation includes negligent List of Subjects in 7 CFR Part 1980 indemnification should not be misrepresentation. With regard to the Home improvement, Loan programs— automatic in cases where the Agency commenter’s other suggestion, the Housing and community development, pays a claim within 24 months of Agency has decided not to incorporate Mortgage insurance, Mortgages, Rural closing. The commenter wrote that the ‘‘clear and convincing evidence’’ areas. standard into the rule. The Agency will lenders should not be subject to For the reason stated in the preamble, seek indemnification only when an indemnification when borrowers default Chapter XVIII, Title 7 of the Code of analysis of all available evidence on their loans due to circumstances Federal Regulations is amended as establishes that indemnification is beyond the lender’s control. The Agency follows: disagrees with the commenter that appropriate under the standards set indemnification is automatic. A forth in the rule. Lenders are protected PART 1980—GENERAL prerequisite to indemnification in the in that a decision to require proposed rule was a determination by indemnification from the lender may be ■ 1. The authority citation for part 1980 the Agency that the Lender did not appealed to the USDA National Appeals continues to read as follows: originate a loan in accordance with the Division (NAD), and the final Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. requirements in 7 CFR part 1980, determination of NAD shall be Subpart E also issued under 7 U.S.C. 1932(a). subpart D. Further, the Agency has reviewable by any United States District revised the rule to clarify what Court of competent jurisdiction Subpart D—Rural Housing Loans conditions must be satisfied before the according to NAD regulations at 7 CFR ■ Agency can require indemnification part 11. 2. Section 1980.308 is revised to read after paying a claim within 24 months Fourth, the commenter requested that as follows: program violations be limited to only of loan closing. § 1980.308 Full faith and credit and material program violations that Third, the commenter recommended indemnification. adversely affect the program. The that in order for a lender to be liable due (a) Full faith and credit. The loan note Agency agrees with the commenter that to misrepresentation, the guarantee constitutes an obligation indemnification is appropriate only misrepresentation must be proven by supported by the full faith and credit of where the lender’s violation is material. clear and convincing evidence and the the United States and is incontestable As discussed above, the Agency has misrepresentation must have been revised the rule to clarify and limit the except for fraud or misrepresentation of discoverable prior to loan closing. The circumstances under which which the Lender has actual knowledge Agency has revised the rule to provide indemnification may be required. The at the time it becomes such Lender or clarification regarding the Agency may seek indemnification only which the Lender participates in or circumstances under which when RHS pays a claim under the loan condones. Misrepresentation includes indemnification may be required. If RHS note guarantee as a result of the negligent misrepresentation. A note pays a loss claim within 24 months of originating Lender’s nonconforming which provides for the payment of loan origination as a result of the action or failure to act. interest on interest shall not be originating lender’s nonconforming The commenter also expressed guaranteed. Any guarantee or action or failure to act, RHS may seek concern about whether lenders would assignment of a guarantee attached to or indemnification if: (1) The originating have appeal rights. As noted above, relating to a note which provides for the lender utilized unsupported data or indemnification will be treated as an payment of interest on interest is void. omitted material information when adverse decision, and the lender may Notwithstanding the prohibition of submitting the request for a conditional appeal the decision. The Agency has interest on interest, interest may be commitment to RHS; (2) the originating revised section 1980.399(a)(2) of the capitalized in connection with lender failed to properly verify and rule to make clear that the Lender may reamortization over the remaining term analyze the applicant’s income and appeal an indemnification decision with written concurrence of RHS. The employment history in accordance with alone, without the participation of the loan note guarantee will be Agency guidelines; (3) the originating borrower. unenforceable to the extent any loss is lender failed to address property One commenter stated that the occasioned by violation of usury laws, deficiencies identified in the appraisal Agency’s indemnification policy should negligent servicing, or failure to obtain or inspection report that affect the be like the Federal Housing the required security regardless of the health and safety of the occupants or the Administration’s policy in that it should time at which RHS acquires knowledge structural integrity of the property; or apply only to the originating lender and of the foregoing. Negligent servicing is (4) the originating lender used an not to the servicer. The Agency agrees defined as servicing that is inconsistent appraiser that was not properly licensed and has clarified that indemnification with this subpart and includes the or certified, as appropriate, to make may only be sought from originating failure to perform those services which residential real estate appraisals in lenders. As noted in 7 CFR 1980.309(f), a reasonably prudent lender would accordance with 7 CFR 1980.334(a). In lenders are fully responsible for their perform in servicing its own loan addition, RHS may seek indemnification own actions and the actions of those portfolio of loans that are not at any time, regardless of how long ago acting on their behalf, including during guaranteed. The term includes not only the loan closed, if RHS determines that loan origination. the concept of a failure to act, but also there was fraud or misrepresentation in One commenter asked for clarification not acting in a timely manner or acting connection with the origination of the whether the same indemnification contrary to the manner in which a loan of which the originating lender had standards would apply to loans that are reasonably prudent lender would act up actual knowledge at the time it became manually underwritten and loans that to the time of loan maturity or until a such lender or which the originating are submitted through the Guaranteed final loss is paid. Any losses occasioned lender participated in or condoned and Underwriting System (GUS). The will be unenforceable to the extent that RHS paid a loss claim as a result of the Agency will apply the same loan funds are used for purposes other originating lender’s nonconforming indemnification standards to all than those authorized in this subpart. action or failure to act. In this context, guaranteed loans. When the lender conducts liquidation

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in an expeditious manner, in document the rate and the date it was for test mares and imported stallions accordance with the provisions of determined. and mares more than 731 days of age. § 1980.374 of this subpart, the loan note ■ 4. Section 1980.353(c)(4) is revised to That interim rule became effective on guarantee shall cover interest until the read as follows: March 25, 2011; however, we are claim is paid within the limit of the delaying the enforcement of the interim guarantee. § 1980.353 Filing and processing rule until July 25, 2011. This action is (b) Indemnification. If RHS applications. necessary to provide CEM testing determines that a Lender did not * * * * * facilities time to make adjustments to originate a loan in accordance with the (c) * * * their operating procedures that are requirements in this subpart, and RHS (4) Anticipated loan rates and terms, necessary for the rule to be successfully pays a loss claim under the loan note the date and amount of the Fannie Mae implemented. guarantee as a result of the originating rate used to determine the interest rate, DATES: Enforcement of the interim rule Lender’s nonconforming action or and the Lender’s certification that the amending 9 CFR part 93, published at failure to act, RHS may revoke the proposed rate is in compliance with 76 FR 16683–16686 on March 25, 2011, originating Lender’s eligibility status in § 1980.320 of this subpart. is delayed until July 25, 2011. accordance with § 1980.309(h) of this * * * * * FOR FURTHER INFORMATION CONTACT: Dr. subpart and may also require the ■ 5. Section 1980.399(a)(2) is revised to Ellen Buck, Senior Staff Veterinarian, originating Lender: read as follows: (1) To indemnify RHS for the loss, if Equine Imports, National Center for Import and Export, VS, APHIS, 4700 the payment under the guarantee was § 1980.399 Appeals. River Road Unit 36, Riverdale, MD made within 24 months of loan closing, * * * * * when one or more of the following 20737–1231; (301) 734–8364. (a) * * * SUPPLEMENTARY INFORMATION: conditions is satisfied: (2) The Lender may appeal without (i) The originating Lender utilized the borrower where RHS has: Background unsupported data or omitted material (i) Denied or reduced the amount of The regulations in 9 CFR part 93 information when submitting the a loss payment to the Lender; or request for a conditional commitment to (referred to below as the regulations) (ii) Required an originating Lender to prohibit or restrict the importation of RHS; indemnify RHS for a loss payment. (ii) The originating Lender failed to certain animals into the United States to properly verify and analyze the * * * * * prevent the introduction of applicant’s income and employment Dated: April 15, 2011. communicable diseases of livestock and history in accordance with Agency Dallas Tonsanger, poultry. ‘‘Subpart C—Horses,’’ §§ 93.300 guidelines; Under Secretary, Rural Development. through 93.326, pertains to the importation of horses into the United (iii) The originating Lender failed to Dated: April 21, 2011. address property deficiencies identified States. Sections 93.301 and 93.304 of Michael Scuse, in the appraisal or inspection report that the regulations contain specific affect the health and safety of the Acting Under Secretary, Farm and Foreign provisions for the importation of horses Agricultural Services. occupants or the structural integrity of from regions affected with contagious the property; [FR Doc. 2011–13061 Filed 5–27–11; 8:45 am] equine metritis (CEM), which is a highly (iv) The originating Lender used an BILLING CODE 3410–XV–P contagious venereal disease of horses appraiser that was not properly licensed and other equines caused by an or certified, as appropriate, to make infection with the bacterium Taylorella DEPARTMENT OF AGRICULTURE residential real estate appraisals in equigenitalis. accordance with § 1980.334(a) of this Animal and Plant Health Inspection On March 25, 2011, we published an subpart; or, Service interim rule in the Federal Register (76 (2) To indemnify RHS for the loss, FR 16683–16686, Docket No. APHIS– regardless of how long ago the loan 9 CFR Part 93 2008–0112) to amend the regulations closed, if RHS determines that there was regarding the importation of horses from fraud or misrepresentation in [Docket No. APHIS–2008–0112] countries affected with CEM by connection with the origination of the incorporating an additional certification RIN 0579–AD31 loan of which the originating Lender requirement for imported horses 731 had actual knowledge at the time it Importation of Horses From days of age or less and adding new became such Lender or which the Contagious Equine Metritis-Affected testing protocols for test mares and originating Lender participated in or Countries imported stallions and mares more than condoned. Misrepresentation includes 731 days of age. The provisions of the negligent misrepresentation. AGENCY: Animal and Plant Health interim rule became effective March 25, ■ 3. Section 1980.320 is revised to read Inspection Service, USDA. 2011, and we will consider all as follows: ACTION: Interim rule; delay of comments on the interim rule received enforcement. on or before May 24, 2011. § 1980.320 Interest rate. The interest rate must not exceed the SUMMARY: On March 25, 2011, we Delay of Enforcement established, applicable usury rate. Loans published an interim rule in the Federal After the publication of the interim guaranteed under this subpart must bear Register to amend the regulations rule, we received comments that raised a fixed interest rate over the life of the regarding the importation of horses from a variety of issues, including the loan. The rate shall be agreed upon by countries affected with contagious feasibility of immediately implementing the borrower and the Lender and must equine metritis (CEM) by incorporating certain requirements. not be more than the current Fannie an additional certification requirement Based on our review of the comments Mae rate as defined in § 1980.302(a) of for imported horses 731 days of age or received to date, we consider it this subpart. The Lender must less and adding new testing protocols advisable to delay our enforcement of

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the interim rule until July 25, 2011. This revisions to redesignated § 226.58(b)(7) 1. Rate, fee, or charge that does not exceed additional time will allow CEM testing and the revised commentary to rate, fee, or charge that applied before facilities to make any adjustments to § 226.55(b)(6). In addition, the decrease. When a rate or a fee or charge their operating procedures that may be published final rule misprints comment subject to § 226.55 has been decreased pursuant to 50 U.S.C. app. 527 or a similar necessary in order to successfully 51(b)(2)–1 and contains other federal or state statute or regulation, implement the interim rule. typographical errors. § 226.55(b)(6) permits the card issuer to Accordingly, we are delaying Accordingly, in the final rule, FR Doc. increase the rate, fee, or charge once 50 enforcement of the interim rule 2011–8843, published on April 25, U.S.C. app. 527 or the similar statute or amending 9 CFR part 93, published at 2011, (76 FR 22948) make the following regulation no longer applies. However, 76 FR 16683–16686 on March 25, 2011, corrections: § 226.55(b)(6) prohibits the card issuer from until July 25, 2011. applying to any transactions that occurred PART 226—[CORRECTED] prior to the decrease a rate, fee, or charge that Authority: 7 U.S.C. 1622 and 8301–8317; exceeds the rate, fee, or charge that applied 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 § 226.9 [Corrected] to those transactions prior to the decrease CFR 2.22, 2.80, and 371.4. ■ 1. On page 23000, in the third column, (except to the extent permitted by one of the Done in Washington, DC, this 25th day of line 55, correct amendatory instruction other exceptions in § 226.55(b)). For example, May 2011. if a temporary rate applied prior to a decrease 7 to read as follows: in rate pursuant to 50 U.S.C. app. 527 and Kevin Shea, Section 226.9 is amended by adding the temporary rate expired during the period Acting Administrator, Animal and Plant paragraph (b)(3)(iii) and by revising that 50 U.S.C. app. 527 applied to the Health Inspection Service. paragraphs (c)(2)(i)A), (c)(2)(ii), account, the card issuer may apply an [FR Doc. 2011–13360 Filed 5–27–11; 8:45 am] (c)(2)(iii), (c)(2)(iv)(A)(1), (c)(2)(iv)(B), increased rate once 50 U.S.C. app. 527 no BILLING CODE 3410–34–P (c)(2)(iv)(D), (c)(2)(v)(B)(1) through (3), longer applies to the extent consistent with (c)(2)(v)(C), and (c)(2)(v)(D). § 226.55(b)(1). Similarly, if a variable rate applied prior to a decrease in rate pursuant § 226.58 [Corrected] to 50 U.S.C. app. 527, the card issuer may FEDERAL RESERVE SYSTEM ■ 2. On page 23003, in the third column, apply any increase in that variable rate once 50 U.S.C. app. 527 no longer applies to the 12 CFR Part 226 line 48, correct amendatory instruction extent consistent with § 226.55(b)(2). 14.B. to read as follows: [Docket No. R–1393] 2. Decreases in rates, fees, and charges to B. Redesignating paragraphs (b)(4) amounts consistent with 50 U.S.C. app. 527 RIN 7100–AD55 through (7) as paragraphs (b)(5) through or similar statute or regulation. If a card (8), and revising redesignated paragraph issuer deceases an annual percentage rate or Truth in Lending; Correction (b)(7); a fee or charge subject to § 226.55 pursuant ■ 3. On page 23004, in the first column, to 50 U.S.C. app. 527 or a similar federal or AGENCY: Board of Governors of the state statute or regulation and if the card Federal Reserve System. line 24, in § 226.58, correct paragraph (b) by adding paragraph (b)(7) to read as issuer also decreases other rates, fees, or ACTION: Final rule; correction. charges (such as the rate that applies to new follows: transactions) to amounts that are consistent SUMMARY: This document corrects (7) Pricing information. For purposes with 50 U.S.C. app. 527 or a similar federal certain typographical errors in the of this section, ‘‘pricing information’’ or state statute or regulation, the card issuer regulation and the staff commentary of means the information listed in may increase those rates, fees, and charges the final rule published in the Federal § 226.6(b)(2)(i) through (b)(2)(xii). consistent with § 226.55(b)(6). Register of April 25, 2011. The final rule Pricing information does not include 3. Example. Assume that on December 31 amends Regulation Z, which temporary or promotional rates and of year one the annual percentage rate that applies to a $5,000 balance on a credit card implements the Truth in Lending Act, terms or rates and terms that apply only to protected balances. account is a variable rate that is determined in order to clarify certain aspects of the by adding a margin of 10 percentage points rules that implement the Credit Card * * * * * to a publicly-available index that is not under Accountability Responsibility and Supplement I to Part 226 [Corrected] the card issuer’s control. The account is also Disclosure Act of 2009. subject to a monthly maintenance fee of $10. ■ DATES: Effective Date: October 1, 2011. 4. On page 23016, in the first column, On January 1 of year two, the card issuer line 3, italicize the heading ‘‘9(c) reduces the rate that applies to the $5,000 FOR FURTHER INFORMATION CONTACT: Change in terms.’’ balance to a non-variable rate of 6% and Stephen Shin, Attorney, or Benjamin K. ■ 5. On page 23021, in the third column, ceases to impose the $10 monthly Olson, Counsel, Division of Consumer maintenance fee and other fees (including and Community Affairs, Board of line 29, correct paragraph 1. of 51(b)(2) late payment fees) pursuant to 50 U.S.C. app. Governors of the Federal Reserve to read as follows: 527. The card issuer also decreases the rate System, at (202) 452–3667 or 452–2412; 1. Credit line request by joint that applies to new transactions to 6%. for users of Telecommunications Device accountholder aged 21 or older. The During year two, the consumer uses the for the Deaf (TDD) only, contact (202) requirement under § 226.51(b)(2) that a account for $1,000 in new transactions. On January 1 of year three, 50 U.S.C. app. 527 263–4869. cosigner, guarantor, or joint accountholder for a credit card account opened pursuant to ceases to apply and the card issuer provides SUPPLEMENTARY INFORMATION: The Board § 226.51(b)(1)(ii) must agree in writing to a notice pursuant to § 226.9(c) informing the published a final rule in the Federal assume liability for the increase before a consumer that on February 15 of year three Register of April 25, 2011 (76 FR 22948) credit line is increased, does not apply if the the variable rate determined using the 10- (FR Doc. 2011–8843), amending cosigner, guarantor or joint accountholder point margin will apply to any remaining Regulation Z and the staff commentary who is at least 21 years old initiates the portion of the $5,000 balance and to any request for the increase. to the regulation, in order to clarify remaining portion of the $1,000 balance. The notice also states that the $10 monthly certain aspects of the rules that ■ 6. On page 23034, in the first column, line 24, correct 55(b) by adding 55(b)(6) maintenance fee and other fees (including implement the Credit Card late payment fees) will resume on February Accountability Responsibility and to read as follows: 15 of year three. Consistent with Disclosure Act of 2009. As published, 55(b)(6) Servicemembers Civil Relief Act § 226.9(c)(2)(iv)(B), the card issuer is not the final rule inadvertently omits the exception. required to provide a right to reject in these

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circumstances. On February 15 of year three, Time. An appointment to inspect comment.6 After consultation, neither § 226.55(b)(6) permits the card issuer to begin comments can be made by telephoning the transferor agencies nor the CFPB accruing interest on any remaining portion of (202) 622–0990. have identified any orders for inclusion the $5,000 and $1,000 balances at the All comments, including attachments in the list. After considering any public variable rate determined using the 10-point and other supporting materials, will margin and to resume imposing the $10 comments, the CFPB will publish a final monthly maintenance fee and other fees become part of the public record and list in the Federal Register not later (including late payment fees). subject to public disclosure. Sensitive than the designated transfer date. personal information, such as account The CFPB’s enforcement authority is By order of the Board of Governors of the numbers or social security numbers, defined by the Act and other applicable Federal Reserve System, acting through the should not be included. Comments will Secretary under delegated authority, May 19, law. As a result, the list required by 2011. not be edited to remove any identifying section 1063(i) will not have a or contact information. Jennifer J. Johnson, substantive effect on any rules or orders FOR FURTHER INFORMATION CONTACT: or the parties who may be subject to Secretary of the Board. Rebecca G. Deutsch, Office of the them; it will merely provide a [FR Doc. 2011–12795 Filed 5–27–11; 8:45 am] General Counsel, CFPB, 1801 L Street, convenient reference source. BILLING CODE 6210–01–P NW., Washington, DC 20036, Accordingly, the inclusion or exclusion [email protected]. of any rule or order would not alter the SUPPLEMENTARY INFORMATION: Under the CFPB’s authority. In addition, section BUREAU OF CONSUMER FINANCIAL 1063(i) does not require the CFPB to PROTECTION Act, on the designated transfer date, July 21, 2011,2 certain consumer financial update, correct, or otherwise maintain the final list. Because the list under 12 CFR Chapter X protection authorities will transfer from seven transferor agencies 3 to the CFPB, section 1063(i) reflects the CFPB’s [Docket No.: CFPB–HQ–2011–1] and the CFPB will also assume certain interpretation of its authority under the new authorities. Subject to the Act and relates to agency organization, Identification of Enforceable Rules and limitations and other provisions of the procedure, or practice, the list is not Orders Act, the CFPB will be authorized to subject to the notice-and-comment AGENCY: Bureau of Consumer Financial enforce, inter alia, rules and orders requirements of the Administrative Protection. issued by the transferor agencies under Procedure Act (‘‘APA’’) (5 U.S.C. 551 et 4 seq).7 Nevertheless, the Bureau invites ACTION: Notice for Public Comment. the enumerated consumer laws. The CFPB will also have authority to enforce public comment during a thirty-day SUMMARY: Section 1063(i) of the in some circumstances the Federal period. Consumer Financial Protection Act of Trade Commission’s Telemarketing Accordingly, pursuant to section 2010 (‘‘Act’’) 1 requires the Bureau of Sales Rule and its rules under the 1063(i), the CFPB invites public Consumer Financial Protection (‘‘CFPB’’ Federal Trade Commission Act, comment on the following list of rules or ‘‘Bureau’’) to publish in the Federal although the Federal Trade Commission that will be enforceable by the CFPB Register a list of the rules and orders will retain full authority over these subject to the limitations and other 8 that will be enforced by the CFPB. This rules.5 provisions of the Act: notice sets forth a list for public Section 1063(i) of the Act provides A. Board of Governors of the Federal comment. A final list will be published that, not later than the designated Reserve not later than the designated transfer transfer date, the CFPB ‘‘(1) shall, after 1. 12 CFR Part 202—Equal Credit date, July 21, 2011. consultation with the head of each transferor agency, identify the rules and Opportunity Act (Regulation B) DATES: Comments are invited and must 2. 12 CFR Part 203—Home Mortgage be received on or before June 30, 2011. orders that will be enforced by the Bureau; and (2) shall publish a list of Disclosure (Regulation C) ADDRESSES: Interested parties are 3. 12 CFR Part 205—Electronic Fund such rules and orders in the Federal invited to submit written comments Transfers (Regulation E) Register.’’ The CFPB has consulted with electronically or in paper form. 4. 12 CFR 208.101–105 & Appendix A each transferor agency pursuant to Comments should refer to ‘‘Docket No. to Subpart I—Registration of Residential section 1063(i) and has developed a list CFPB–HQ–2011–1.’’ Comments should Mortgage Loan Originators (Regulation of rules for which it seeks public be submitted to: H, Subpart I) • Electronic: http:// 5. 12 CFR Part 213—Consumer 2 The Secretary of the Treasury designated this www.regulations.gov. date pursuant to section 1062 of the Act. See 75 FR Leasing (Regulation M) • Mail or Hand Delivery/Courier in 57252–02, Sept. 20, 2010. 6. 12 CFR Part 216—Privacy of Lieu of Mail: Office of the General 3 Section 1061(a)(2) of the Act defines the terms Consumer Financial Information Counsel, CFPB, 1801 L Street, NW., ‘‘transferor agency’’ and ‘‘transferor agencies’’ to (Regulation P) mean, respectively, ‘‘(A) the Board of Governors 7. 12 CFR Part 222—Fair Credit Washington, DC 20036. (and any Federal Reserve Bank, as context requires), All comments received will be posted the Federal Deposit Insurance Corporation, the Reporting (Regulation V), except with to http://www.regulations.gov. In Federal Trade Commission, the National Credit addition, comments will be available for Union Administration, the Office of the Comptroller 6 Section 1066 of the Act grants the Secretary of of the Currency, the Office of Thrift Supervision, the Treasury interim authority to perform certain public inspection and copying in and the Department of Housing and Urban functions of the CFPB. Pursuant to that authority, Treasury’s Library, Room 1428, Main Development, and the heads of those agencies, and Treasury publishes this notice on behalf of the Treasury Building, 1500 Pennsylvania (B) the agencies listed in subparagraph (A) CFPB. Avenue, NW., Washington, DC 20220, collectively.’’ 7 Because publication of the list under section on official business days between the 4 ‘‘Enumerated consumer laws’’ is defined in 1063(i) is not subject to the APA’s notice-and- section 1002(12) of the Act and section 1400(b) of comment requirements, an initial regulatory hours of 10 a.m. and 5 p.m. Eastern the Mortgage Reform and Anti-Predatory Lending flexibility analysis is not required under the Act, Tit. XIV, Public Law 111–203. Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 1 The Act is Title X of the Dodd-Frank Wall Street 5 These rules are listed as items 1 and 5 through 8 Unless otherwise noted, all references to a Part Reform and Consumer Protection Act, Public Law 11 in section F (‘‘Federal Trade Commission’’) of include accompanying appendices and 111–203. the list below. supplements.

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respect to §§ 222.1(c) (effective dates), 4. 12 CFR Part 571—Fair Credit 12. 16 CFR Subchapter F, Parts 603 et 222.83 (Disposal of consumer Reporting, except with respect to seq.—Fair Credit Reporting Act, except information), 222.90 (Duties regarding §§ 571.83 (Disposal of consumer with respect to Part 681 (Identity Theft the detection, prevention, and information), 571.90 (Duties regarding Rules), Part 682 (Disposal of Consumer mitigation of identity theft), 222.91 the detection, prevention, and Report Information and Records), & (Duties of card issuers regarding mitigation of identity theft), 571.91 Appendix A to Part 681 (Interagency changes of address), & Appendix J (Duties of card issuers regarding change Guidelines on Identity Theft Detection, (Interagency Guidelines on Identity of address), & Appendix J (Interagency Prevention, and Mitigation) Theft Detection, Prevention, and Guidelines on Identity Theft Detection, 13. 16 CFR Part 901—Procedures for Mitigation) Prevention, and Mitigation) State Application for Exemption from 8. 12 CFR Part 226—Truth in Lending 5. 12 CFR Part 573—Privacy of the Provisions of the [Fair Debt (Regulation Z) Consumer Financial Information Collection Practices] Act 9. 12 CFR Part 230—Truth in Savings (Regulation DD) E. National Credit Union G. Department of Housing and Urban Administration Development B. Federal Deposit Insurance 1. 12 CFR 701.21—Loans to members 1. 24 CFR 26.28–.56—Hearing Corporation and lines of credit to members (but only Procedures Pursuant to the 1. 12 CFR Part 332—Privacy of as applied to non-federally chartered Administrative Procedure Act Consumer Financial Information housing creditors under AMTPA) 2. 24 CFR Part 30—Civil Money 2. 12 CFR Part 334—Fair Credit 2. 12 CFR Part 707—Truth in Savings Penalties: Certain Prohibited Conduct Reporting, except with respect to 3. 12 CFR Part 716—Privacy of (but only as applied to the Real Estate §§ 334.83 (Disposal of consumer Consumer Financial Information Settlement Procedures Act of 1974 information), 334.90 (Duties regarding 4. 12 CFR Part 717—Fair Credit (‘‘RESPA’’) and the Interstate Land Sales the detection, prevention, and Reporting, except with respect to Full Disclosure Act (‘‘ILSA’’)) mitigation of identity theft), 334.91 §§ 717.83 (Disposal of consumer 3. 24 CFR Part 1710—Land (Duties of card issuers regarding information), 717.90 (Duties regarding Registration changes of address), & Appendix J the detection, prevention, and 4. 24 CFR Part 1715—Purchasers’ (Interagency Guidelines on Identity mitigation of identity theft), 717.91 Revocation Rights, Sales Practices, and Theft Detection, Prevention, and (Duties of card issuers regarding Standards Mitigation) changes of address), & Appendix J 5. 24 CFR Part 1720—Formal 3. 12 CFR 365.101–.105 & Appendix (Interagency Guidelines on Identity Procedures and Rules of Practice A to Subpart B—Registration of Theft Detection, Prevention, and 6. 24 CFR Part 3500—Real Estate Residential Mortgage Loan Originators Mitigation) Settlement Procedures Act 5. 12 CFR Part 741—Requirements for C. Office of the Comptroller of the 7. 24 CFR Part 3800—Investigations in Insurance, but only with respect to Currency Consumer Regulatory Programs (but §§ 741.217 (Truth in savings), 741.220 only as applied to RESPA and ILSA) 1. 12 CFR 34.20–.25—Adjustable-Rate (Privacy of consumer financial Mortgages (but only as applied to non- information), & 741.223 (Registration of Dated: May 23, 2011. federally chartered housing creditors residential mortgage loan originators) Rebecca Ewing, under the Alternative Mortgage 6. 12 CFR Part 761—Registration of Acting Executive Secretary, U.S. Department Transaction Parity Act (‘‘AMTPA’’)) Mortgage Loan Originators of the Treasury. 2. 12 CFR 34.101–.105 & Appendix A [FR Doc. 2011–13256 Filed 5–27–11; 8:45 am] F. Federal Trade Commission to Subpart F—Registration of BILLING CODE 4810–25–P Residential Mortgage Loan Originators 1. 16 CFR Part 310—Telemarketing 3. 12 CFR Part 40—Privacy of Sales Rule Consumer Financial Information 2. 16 CFR Part 313—Privacy of DEPARTMENT OF TRANSPORTATION 4. 12 CFR Part 41—Fair Credit Consumer Financial Information Reporting, except with respect to 3. 16 CFR Part 320—Disclosure Federal Aviation Administration §§ 41.83 (Disposal of consumer Requirements for Depository information), 41.90 (Duties regarding Institutions Lacking Federal Depository 14 CFR Part 25 the detection, prevention, and Insurance 4. 16 CFR Part 322—Mortgage [Docket No. NM451; Special Conditions No. mitigation of identity theft), 41.91 25–426–SC] (Duties of card issuers regarding Assistance Relief Services changes of address), & Appendix J 5. 16 CFR Part 425—Use of Special Conditions: Bombardier Model (Interagency Guidelines on Identity Prenotification Negative Option Plans BD–700–1A10 and BD–700–1A11 Theft Detection, Prevention, and 6. 16 CFR Part 429—Rule Concerning Airplanes, Head-up Display (HUD) With Mitigation) Cooling-Off Period for Sales Made at Video Synthetic Vision System (SVS) Homes or at Certain Other Locations D. Office of Thrift Supervision 7. 16 CFR Part 433—Preservation of AGENCY: Federal Aviation 1. 12 CFR 560.35—Adjustments to Consumers’ Claims and Defenses Administration (FAA), DOT. home loans (but only as applied to non- 8. 16 CFR Part 444—Credit Practices ACTION: Final special conditions. federally chartered housing creditors 9. 16 CFR Part 435—Mail or under AMTPA) Telephone Order Merchandise SUMMARY: These special conditions are 2. 12 CFR 560.210–220—Alternative 10. 16 CFR Part 436—Disclosure issued for Bombardier Model BD–700– Mortgage Transactions (but only as it Requirements and Prohibitions 1A10 and BD–700–1A11 airplanes. relates to AMTPA) Concerning Franchising These airplanes, as modified by 3. 12 CFR 563.101–.105 & Appendix 11. 16 CFR Part 437—Disclosure Bombardier Inc., will have a novel or A to Subpart D—Registration of Requirements and Prohibitions unusual design feature associated with Residential Mortgage Loan Originators Concerning Business Opportunities a SVS that displays video imagery on

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the HUD. The applicable airworthiness reference in the type certificate are incorporate the following novel or regulations do not contain adequate or commonly referred to as the ‘‘original unusual design features: appropriate safety standards for this type certification basis.’’ The regulations An SVS that displays video imagery design feature. These special conditions incorporated by reference in T00003NY on a HUD. contain the additional safety standards are as follows: Discussion that the Administrator considers Based on the application date, January necessary to establish a level of safety 26, 2007, under the provisions of For many years the FAA has equivalent to that established by the § 21.101, the applicable type- approved, on transport category existing airworthiness standards. certification standards for the airplanes, the use of HUD that display flight symbology, without a significant DATES: Effective Date: June 30, 2011. modification to the Bombardier Model visual obscuration of the outside view. FOR FURTHER INFORMATION CONTACT: Dale BD–700–1A10 and BD–700–1A11 airplanes are as follows: When the FAA began to evaluate the Dunford, FAA, ANM–111, Transport display of enhanced vision system Airplane Directorate, Aircraft Airworthiness & Environmental (EVS) imagery on the HUD, significant Certification Service, 1601 Lind Standards for Components and Areas potential to obscure the outside view Avenue, SW., Renton, Washington, Not Affected by the Change became apparent, contrary to the 98057–3356; telephone (425) 227–2239 The original certification basis for the requirements of 14 CFR 25.773. This facsimile (425) 227–1100. Bombardier Model BD–700–1A10 and rule does not permit distortions and SUPPLEMENTARY INFORMATION: BD–700–1A11 airplanes shown on reflections in the pilot-compartment Background TCDS T00003NY, Revision 13. view that can interfere with normal duties, and the rule was not written in On January 26, 2007, Transport Airworthiness and Environmental anticipation of such technology. The Canada Civil Aviation (TCCA), on Standards for Components and Areas video image potentially interferes with behalf of Bombardier Inc., located in Affected by the Change the pilot’s ability to see the natural Montreal, Canada, applied to the New 14 CFR part 25, effective February 1, scene in the center of the forward field York Aircraft Certification Office 1965, including the latest applicable of view. Therefore, the FAA issued (NYACO) for FAA approval of a type- requirements of Amendments 25–1 special conditions for such HUD/EVS design change on the Bombardier Model through 25–119. installations to ensure that the level of BD–700–1A10 and BD–700–1A11 If the Administrator finds that the safety required by § 25.773 would be airplanes. Per Type Certificate Data applicable airworthiness regulations met even when the image might Sheet (TCDS) T00003NY, those aircraft (i.e., 14 CFR part 25) do not contain partially obscure the outside view. models are known under the marketing adequate or appropriate safety standards While many of the characteristics of designation of Global Express and for the Bombardier Model BD–700– EVS and SVS video differ in some ways, Global 5000, respectively. The change is 1A10 and BD–700–1A11 airplanes they have one thing in common: The to introduce the Rockwell-Collins because of a novel or unusual design potential for interference with the avionics suite to replace the existing feature, special conditions are outside view through the airplane Honeywell Primus 2000EP avionics prescribed under the provisions of windshield. The FAA issues special suite. The change includes the 14 CFR 21.16. conditions for new and novel installation of a SVS that displays video Special conditions are initially technologies to achieve equivalent imagery. applicable to the model for which they levels of safety. Video display on the HUD constitutes are issued. Should the type certificate Although the pilot readily may be new and novel technology for which the for that model be amended later to able to see around and through small, FAA has no certification criteria. Title include any other model that individual, stroke-written symbols on 14, Code of Federal Regulations incorporates the same or similar novel the HUD, the pilot may not be able to (14 CFR) 25.773 does not permit visual or unusual design feature, or should any see around or through the image that distortions and reflections that could other model already included on the fills the display without some interfere with the pilot’s normal duties same type certificate be modified to interference of the outside view. and was not written in anticipation of incorporate the same or similar novel or Nevertheless, the SVS may be capable of such technology. Other applications for unusual design feature, the special meeting the required level of safety certification of such technology are conditions would also apply to the other when considering the combined view of anticipated in the near future and model under § 21.101. the image and the outside scene visible magnify the need to establish FAA In addition to the applicable to the pilot through the image. It is safety standards that can be applied airworthiness regulations and special essential that the pilot can use this consistently for all such approvals. conditions, the Bombardier Model BD– combination of image and natural view Special conditions are therefore issued 700–1A10 and BD–700–1A11 airplanes of the outside scene as safely and as prescribed under the provisions of must comply with the fuel-vent and effectively as the pilot-compartment § 21.16. exhaust-emission requirements of view currently available without the SVS image. Type Certification Basis 14 CFR part 34 and the noise certification requirements of 14 CFR Because § 25.773 does not provide for Under the provisions of 14 CFR part 36. any alternatives or considerations for 21.101, Bombardier Inc. must show that The FAA issues special conditions, as such a new and novel system, the FAA the Bombardier Model BD–700–1A10 defined in 14 CFR 11.19, in accordance establishes safety requirements that and BD–700–1A11 airplanes, as with § 11.38, and they become part of assure an equivalent level of safety and changed, continue to meet the the type-certification basis under effectiveness of the pilot-compartment applicable provisions of the regulations 14 CFR 21.101. view as intended by that rule. The incorporated by reference in T00003NY purpose of this special condition is to or the applicable regulations in effect on Novel or Unusual Design Features provide the unique pilot-compartment- the date of application for the change. The Bombardier Model BD–700–1A10 view requirements for the SVS The regulations incorporated by and BD–700–1A11 airplanes will installation.

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Discussion of Comments pilot distraction, impairment of the for every task relevant to the phase of Notice of Proposed Special pilot’s ability to detect and identify flight. 4. Appropriate limitations must be Conditions no. 25–11–10–SC for the visual references, masking of flight stated in the Operating Limitations Bombardier Model BD–700–1A10 and hazards, or to otherwise degrade task section of the Airplane Flight Manual to BD–700–1A11 airplanes was published performance or safety. If automatic prohibit the use of the SVS for functions in the Federal Register on March 28, control for image brightness is not that have not been found to be 2011 (76 FR 17062). No comments were provided, it must be shown that a acceptable. received, and the special conditions are single, manual setting is satisfactory for adopted as proposed. the range of lighting conditions Issued in Renton, Washington, on May 20, encountered during a time-critical, high- 2011. Applicability workload phase of flight (e.g., low- Ali Bahrami, As discussed above, these special visibility instrument approach). Manager, Transport Airplane Directorate, conditions are applicable to the c. A readily accessible control must be Aircraft Certification Service. Bombardier Model BD–700–1A10 and provided that permits the pilot to [FR Doc. 2011–13341 Filed 5–27–11; 8:45 am] BD–700–1A11 airplanes. Should immediately deactivate and reactivate BILLING CODE 4910–13–P Bombardier Inc. apply at a later date for display of the SVS image on demand, a change to the type certificate to without having to remove hands from include another model incorporating the the flight controls and throttles. DEPARTMENT OF JUSTICE same novel or unusual design feature, d. The SVS image on the HUD must the special conditions would apply to not impair the pilot’s use of guidance 28 CFR Part 58 information, or degrade the presentation that model as well. [Docket No.: EOUST 103] and pilot awareness of essential flight Conclusion information displayed on the HUD, such RIN 1105–AB16 This action affects only certain novel as alerts, airspeed, attitude, altitude and or unusual design features on direction, approach guidance, Procedures Governing Administrative Bombardier Model BD–700–1A10 and windshear guidance, TCAS resolution Review of a United States Trustee’s BD–700–1A11 airplanes. It is not a rule advisories, or unusual-attitude recovery Decision To Deny a Chapter 12 or of general applicability. cues. Chapter 13 Standing Trustee’s Claim of e. The SVS image and the HUD Actual, Necessary Expenses List of Subjects in 14 CFR Part 25 symbols, which are spatially referenced AGENCY: Executive Office for United Aircraft, Aviation safety, Reporting to the pitch scale, outside view, and States Trustees (‘‘EOUST’’), Justice. and recordkeeping requirements. image, must be scaled and aligned (i.e., ACTION: Final rule. The authority citation for these conformal) to the external scene. In special conditions is as follows: addition, the SVS image and the HUD SUMMARY: This final rule (‘‘rule’’) sets symbols—when considered singly or in forth the procedures for a chapter 12 or Authority: 49 U.S.C. 106(g), 40113, 44701, chapter 13 standing trustee (‘‘trustee’’) 44702, 44704. combination—must not be misleading, cause pilot confusion, or increase to obtain administrative review of a The Special Conditions workload. Airplane attitudes or cross- United States Trustee’s decision to deny Accordingly, pursuant to the wind conditions may cause certain a trustee’s claim that certain expenses authority delegated to me by the symbols (e.g., the zero-pitch line or are actual and necessary for the Administrator, the following special flight-path vector) to reach field-of-view administration of bankruptcy cases. The conditions are issued as part of the type- limits, such that they cannot be Bankruptcy Abuse Prevention and certification basis for Bombardier Model positioned conformally with the image Consumer Protection Act of 2005 BD–700–1A10 and BD–700–1A11 and external scene. In such cases, these (‘‘BAPCPA’’) requires that trustees airplanes. symbols may be displayed but with an exhaust all administrative remedies 1. During any phase of flight in which altered appearance that makes the pilot pertaining to a denial of a claim of it is to be used, the SVS imagery on the aware that they are no longer displayed actual, necessary expenses before HUD must not degrade flight safety or conformally (for example, ‘‘ghosting’’). seeking judicial review, and the interfere with the effective use of The combined use of symbology and Attorney General prescribe procedures outside visual references for required runway image may not be used for path for administrative review of such pilot tasks. monitoring when path symbology is no denials. This rule ensures that the 2. To avoid unacceptable interference longer conformal. process for administratively reviewing a with the safe and effective use of the f. A HUD system used to display SVS United States Trustee’s denial of a trustee’s request for expenses is fair and pilot-compartment view, the SVS must images must, if previously certified, effective. meet the following requirements: continue to meet all of the requirements a. The SVS design must minimize of the original approval. DATES: Effective Date: This rule is unacceptable display characteristics or 3. The safety and performance of the effective June 30, 2011. artifacts (e.g., terrain shadowing against pilot tasks associated with the use of the ADDRESSES: Executive Office for United a dark background) that obscure the pilot-compartment view must be not be States Trustees (‘‘EOUST’’), 20 desired image of the scene, impair the degraded by the display of the SVS Massachusetts Ave., NW., 8th Floor, pilot’s ability to detect and identify image. These tasks include the Washington, DC 20530. visual references, mask flight hazards, following: FOR FURTHER INFORMATION CONTACT: distract the pilot, or otherwise degrade a. Detection, accurate identification Ramona D. Elliott, General Counsel, or task performance or safety. and maneuvering, as necessary, to avoid Larry Wahlquist, Office of General b. Control of SVS image display traffic, terrain, obstacles, and other Counsel, at (202) 307–1399 (not a toll- brightness must be sufficiently effective flight hazards. free number). in dynamically changing background b. Accurate identification and SUPPLEMENTARY INFORMATION: On August (ambient) lighting conditions to avoid utilization of visual references required 14, 2009, at 74 FR 41,101, EOUST

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published a proposed rule on this topic. budget. Once the United States Trustee United States Trustees. In addition, this Before the comment period closed on approves the trustee’s budget, the rule addresses only the United States October 13, 2009, EOUST received two trustee is notified of this approval, and Trustee’s denial of a trustee’s claim of comments. The comments received and pursuant to 28 U.S.C. 586(e), the actual, necessary expenses. This rule EOUST’s responses are discussed trustee’s compensation and a specified does not address the suspension or below. percentage fee that the trustee may termination of trustees. EOUST will collect from debtors’ plan payments are Discussion publish another notice of proposed authorized. This fee is to be used for rulemaking that addresses the The administration of all chapter 12 payment of the approved expenses suspension or termination of trustees and chapter 13 bankruptcy cases is incurred during the fiscal year as well with a RIN number of 1105–AB12. entrusted to private persons who are as for the trustee’s compensation. case or standing trustees under the When a trustee realizes that expenses Summary of Changes in Final Rule supervision and oversight of a regional for the current year might exceed the The final rule differs from the United States Trustee. As distinguished approved amount, a trustee must submit proposed rule in the following ways: from case or standing trustees, United a request to the United States Trustee, • The administrative review process States Trustees are employees of the and obtain approval, before incurring has been expedited by shortening the Department of Justice. A standing expenses above the approved amount. time for a trustee to request review by trustee is appointed by the United States This request must be submitted when the Director from 30 calendar days to 21 Trustee under 28 U.S.C. 586 and the increase to an individual expense calendar days after receiving a notice of administers more than one chapter 12 or line item is greater than both 10% of the denial of expenses from the United chapter 13 case, as opposed to a case budgeted amount and $5,000.00. States Trustee or after the expenses were trustee who is appointed under 11 Expenses for certain items require prior deemed denied. Similarly, the United U.S.C. 1202 or 11 U.S.C. 1302 and who United States Trustee approval States Trustee’s time to respond to the administers only the case to which the regardless of amount. These expenses trustee’s request for review has been trustee is appointed. This rule addresses currently are increases in the amount shortened from 30 calendar days to 21 the right, conferred by the BAPCPA, of budgeted for specified employee calendar days. These changes are a standing trustee to obtain expenses, increases in office lease reflected in paragraphs (e) and (h). administrative review when the obligations, payments to the standing • Paragraphs (c)(1), (c)(2), and (k) trustee’s request for projected expenses, trustee or relative of the standing have been revised to eliminate the referred to as a ‘‘claim of actual, trustee, and expenses for any item not reference to ‘‘the deadline’’ so that the necessary expenses’’ in 28 U.S.C. originally contained in the approved review process cannot arbitrarily be 586(e)(3), is denied by the United States budget. This policy is set forth in the delayed by setting long deadlines when Trustee. Handbook for Chapter 13 Standing the United States Trustee or the Director When a debtor files for bankruptcy Trustees which is posted on the seeks the submission of additional relief under chapter 12 or chapter 13, EOUST’s Web site and will be information. the debtor proposes a plan to pay his or incorporated in the revised Handbook • Paragraph (i) has been revised to her creditors a percentage of the for Chapter 12 Standing Trustees. If any include the word ‘‘non-privileged’’ amounts owed to creditors over a other expenses are added to this list, the before ‘‘information’’ in order to make it specified period of time and obtains United States Trustee will notify consistent with paragraph (d) and so court approval of this plan. This process trustees via e-mail or regular mail at that it is clear that the rule does not seek is termed confirming a chapter 12 or least 30 days before including the new to waive a trustee’s right to assert chapter 13 plan. Once the bankruptcy expenses in a revision to the Handbook. traditional privileges. court confirms the plan, the trustee will If a trustee disagrees with the United • The rule has been revised to reflect oversee the payment of creditors States Trustee’s denial of the trustee’s differences in chapter 12 and chapter 13 pursuant to the plan. The debtor pays proposed budget or request for fiscal years. plan payments to the trustee and the additional expenses, the trustee may trustee then disburses the appropriate seek administrative review of the denial Discussion of Public Comments amounts to creditors. under the procedures identified in this EOUST received two comments on As part of the process of rule. The Director of EOUST the proposed rule, one of which had administering debtors’ cases, a trustee (‘‘Director’’) will conduct a de novo several sub-comments within it. EOUST incurs expenses. A trustee is authorized review of the United States Trustee’s has considered each comment carefully to collect a specified percentage from decision to determine whether the and appreciates the time and effort debtors’ plan payments to pay for these record supports the United States required to prepare and submit each expenses. However, before incurring Trustee’s decision and whether the comment. EOUST’s responses to the expenses, a trustee obtains approval decision was an appropriate exercise of comments are discussed below. from the United States Trustee. As the the United States Trustee’s discretion or first step in obtaining United States contrary to law. 1. Deadlines—Expediting the Trustee approval for expenses, the With the passage of BAPCPA, Administrative Review Process United States Trustee requires that the Congress directed the Attorney General Comment: One comment expressed trustee submit a budget for the to prescribe procedures implementing concern that the time limits in the rule anticipated expenses for the fiscal year. administrative review for trustees when allowed too much time to elapse before The fiscal year for the chapter 12 a claim of actual, necessary expenses is a final decision by the Director must be standing trustee ends each June 30th; denied. The Attorney General delegated issued. The comment suggested the fiscal year for the chapter 13 this authority to the Director. In shortening the deadlines for various standing trustee ends each September response to this congressional mandate, stages during the administrative review 30th. Next, these projected expenses are the Director publishes this rule, which process. Specifically, the comment evaluated by the United States Trustee establishes such procedures. This rule recommended the United States Trustee who will either approve the expenses or imposes requirements only upon deny a budget line item no later than require modifications to the proposed standing trustees who are supervised by October 10, the trustee appeal within 15

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days, the United States Trustee respond significantly extend the time limits for States Trustee to communicate with the within 10 days, and the Director issue reaching a resolution. In paragraphs trustee in an attempt to resolve any a decision within 90 days of the (c)(1), (c)(2), and (k), the rule states that dispute before issuing a notice of denial. trustee’s request for review. if the United States Trustee or the Thus, the trustee will have ample Response: EOUST recognizes that the Director seeks additional information, opportunity to explain any reason or administrative review process can be the time period for resolution or denial ‘‘good cause’’ to the United States lengthy at times and has revised the rule is extended to 30 days beyond ‘‘the Trustee, necessitating the immediate to shorten the process as much as deadline for submission of the expenditures and which prevented the possible. However, sufficient time must additional information.’’ The comment trustee from obtaining prior approval of be granted to the trustee, United States stated this could be read to allow the such expenses. Trustee, and the Director to perform United States Trustee or the Director to As the rule is currently written, the their respective duties to ensure a fair set a long deadline for the submission United States Trustee possesses the and just resolution is accomplished. In of additional information, and thereby discretion to deny a trustee’s claim for order to balance the competing interests delay the review process. expenses if the trustee engages in one of of a quick resolution with that of Response: EOUST concurs that these the delineated reasons for denial (or obtaining the most equitable resolution paragraphs could be interpreted as the some similar reason). If an emergency that is fair to all parties, EOUST has comment indicated, though that was not situation caused the trustee to commit modified some of the deadlines in the the intent. Accordingly, EOUST has one of these failures, then the trustee rule. Although the comment did not modified paragraphs (c)(1), (c)(2), and can explain the emergency to the United reference the time line for the chapter (k) to eliminate the reference to ‘‘the States Trustee who may then decide that 12 trustee, the same concern would deadline’’ so that the review process the claim for expenses may be exist. Specifically, the time for a trustee continues upon the submission of the approved. Or, if the United States to request review by the Director is additional information and cannot Trustee feels the emergency did not shortened from 30 calendar days to 21 arbitrarily be delayed by setting long warrant the trustee’s failure, then the calendar days from the date of the deadlines for the submission of that claim for expenses may be denied. United States Trustee’s notice of denial additional information. If the United States Trustee denies the or 21 calendar days from the date on claim for expenses, then the trustee may 3. Denying Expenses—Adding ‘‘Good which the trustee’s expenses were request the Director to review the Cause’’ Justification deemed denied by the United States United States Trustee’s decision, and Trustee. Similarly, the United States Comment: One comment may present the emergency situation to Trustee’s deadline for responding to the acknowledged that the rule does not the Director as a justifiable reason or trustee’s request for review has been require the United States Trustee to ‘‘good cause.’’ shortened from 30 calendar days to 21 deny a trustee’s claim for expenses The crucial point is that the trustee calendar days. when a trustee commits one of the has the opportunity to explain why an EOUST has not, however, modified reasons for denial as enunciated in emergency situation caused the trustee’s the deadline for the United States paragraphs (b)(1) through (7), and that failure and the United States Trustee Trustee to issue a denial of a trustee’s the United States Trustee possesses has the flexibility under the rule to requested expenses—July 30 for chapter discretion to determine whether denial approve or disapprove depending on 12 standing trustee expenses and is appropriate. However, the comment what is most appropriate in the October 31 for chapter 13 standing advocated that the rule should include individual circumstances. Because the trustee expenses. Though trustees are a ‘‘good cause’’ provision so that the rule provides sufficient flexibility for generally required to submit a budget United States Trustee may deny the emergency situations as written, there is delineating the trustee’s expenses by trustee’s claim for expenses only if the no need to create a ‘‘good cause’’ May 1 for chapter 12 trustees and July trustee’s failure is without ‘‘good provision. Moreover, the addition of a 1 for chapter 13 trustees, this is not cause.’’ ’’good cause’’ exception may always the case in every region, and Response: This change is unnecessary inappropriately require the United many trustees submit budgets after the and could potentially transfer the States Trustee to prove that the ‘‘good due date. In addition, it is not an burden of proof from the trustee to the cause’’ was insufficient to justify the infrequent occurrence for a chapter 12 United States Trustee when trustee’s failure before denying a claim trustee to submit a budget after June 1 adjudicating a trustee’s request for for expenses, effectively transferring the or a chapter 13 trustee to submit a review. As the comment concedes, the burden of proving whether a trustee’s budget after September 1. When this rule does not eliminate the United failure was justified from the trustee to occurs, the United States Trustee must States Trustee’s discretion to approve or the United States Trustee. EOUST have sufficient time to thoroughly deny a trustee’s claim for expenses. believes the trustee should bear the review the trustee’s proposed expenses. The rule was intentionally drafted burden of proof in demonstrating Thus, in order to ensure the United this way to provide the United States whether a sufficient reason exists for States Trustee has adequate time to Trustee with sufficient flexibility to excusing the trustee’s failure. review every trustee’s expenses, approve expenses, in appropriate Accordingly, EOUST declines to modify including those submitted late, EOUST circumstances, even when a trustee the rule as proposed by the comment. declines to modify the rule to require engages in one of the enumerated 4. Privileged Documents the United States Trustee to issue a reasons for denial. EOUST agrees that denial by July 10 for chapter 12 trustees the rule must have sufficient flexibility Comment: One comment pointed out and by October 10 for chapter 13 to account for special circumstances, that paragraph (d) requires the United trustees. such as the inability to obtain prior States Trustee to provide ‘‘non- approval of an expense due to a flood privileged’’ documents to the Director 2. Deadlines—Eliminating Delays for or other natural disaster, which is while paragraph (i) allows the Director Submission of Additional Information precisely why the rule provides the to seek ‘‘additional information from Comment: One comment pointed out United States Trustee with discretion. In any party.’’ The comment expressed that the language in the rule could addition, the rule requires the United concern that the asymmetry between

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these two paragraphs could mean that the requested records. However, none of provisions of the Unfunded Mandates the rule intends to waive the trustee’s these costs are new. This rule simply Reform Act of 1995. right to assert traditional privileges. codifies the current practice for Small Business Regulatory Enforcement Response: The asymmetry between obtaining administrative review of the Fairness Act of 1996 the two paragraphs is inadvertent. United States Trustee’s decision. EOUST is not attempting to waive a The benefits of this rule include the This rule is not a major rule as trustee’s right to assert traditional codification of the process for a trustee defined by section 804 of the Small privileges. Paragraph (i) is revised to to obtain administrative review of the Business Regulatory Enforcement include ‘‘non-privileged’’ before United States Trustee’s denial of a Fairness Act of 1996, 5 U.S.C. 801 et ‘‘information.’’ trustee’s claim of actual, necessary seq. This rule will not result in an annual effect on the economy of $100 5. Percentage Fees expenses. These benefits justify its costs in complying with Congress’ mandate to million or more; a major increase in Comment: One comment proposed prescribe procedures to implement 28 costs or prices; or significant adverse striking the language stating that this U.S.C. 586(e)(3). effects on competition, employment, rule does not authorize a trustee to seek investment, productivity, and review of any decision to change the Executive Order 13132 innovation; or on the ability of United trustee’s percentage fee, concluding that This rule will not have a substantial States-based companies to compete with the review of expenses without the direct effect on the States, on the foreign-based companies in domestic review of the percentage fee is relationship between the national and export markets. meaningless. government and the States, or on the List of Subjects in 28 CFR Part 58 Response: The setting of the trustee’s distribution of power and percentage fee and the allowance or responsibilities among the various Administrative practice and disallowance of expenses, though levels of government. Therefore, in procedure, Bankruptcy, Credit and related, are not inextricably tied accordance with Executive Order 13132, debts. together. Though the amount of a it is determined that this rule does not Accordingly, for the reasons set forth trustee’s expenses is one factor in have sufficient federalism implications in the preamble, Part 58 of chapter I of determining the trustee’s percentage fee, to warrant the preparation of a title 28 of the Code of Federal it is not the only factor. A change in the Federalism Assessment. Regulations is amended as follows: level of expenses may or may not necessitate a change in a trustee’s Paperwork Reduction Act PART 58—[AMENDED] percentage fee. Further, 28 U.S.C. This rule does not contain an ■ 1. The authority citation for Part 58 586(e)(3) specifically requires the information collection under the continues to read as follows: Attorney General to develop procedures Paperwork Reduction Act (44 U.S.C. for a standing trustee to obtain 3501, et seq.). If a trustee wishes to Authority: 5 U.S.C. 301, 552; 11 U.S.C. administrative review of the United appeal the United States Trustee’s 109(h), 111, 521(b), 727(a)(11), 1141(d)(3), States Trustee’s decision to deny the decision, the trustee submits a request 1202; 1302, 1328(g); 28 U.S.C. 509, 510, 586, 589b. trustee’s claim for actual, necessary for review to the Director detailing the ■ expenses. It is important to note that specific factual circumstances 2. Add § 58.11 to read as follows: this right to review is expressly limited supporting the trustee’s argument. § 58.11 Procedures governing to the denial of a claim for expenses, not Regulatory Flexibility Act administrative review of a United States the setting of the trustee’s percentage Trustee’s decision to deny a Chapter 12 or fee. In order to maintain the scope of In accordance with the Regulatory Chapter 13 standing Trustee’s claim of review mandated by Congress, EOUST Flexibility Act (5 U.S.C. 605(b)), the actual, necessary expenses. declines to modify the rule as requested Director has reviewed this rule and by (a) The following definitions apply to by the comment. approving it certifies that it will not this section. These terms shall have have a significant economic impact on these meanings: Executive Order 12866 a substantial number of small entities. (1) The term claim of actual, This rule has been drafted and This certification is based upon the fact necessary expenses means the request reviewed in accordance with Executive that this rule does not impose any new by a chapter 12 or chapter 13 standing Order 12866, ‘‘Regulatory Planning and costs upon trustees that did not already trustee for the United States Trustee’s Review’’ section 1(b), The Principles of exist under the current administrative approval of the trustee’s projected Regulation. This rule is not a review process. In addition, the costs of expenses for each fiscal year budget, or ‘‘significant regulatory action’’ as compiling, photocopying and mailing for an amendment to the current budget defined by Executive Order 12866 and, records are de minimis. when an increase in an individual accordingly, this rule has not been expense line item is greater than both Unfunded Mandates Reform Act of reviewed by the Office of Management 10% of the budgeted amount and 1995 and Budget. $5,000.00. Expenses for certain items The Department has also assessed This rule does not require the require prior United States Trustee both the costs and benefits of this rule preparation of an assessment statement approval regardless of amount; as required by section 1(b)(6) and has in accordance with the Unfunded (2) The term director means the made a reasoned determination that the Mandates Reform Act of 1995, 2 U.S.C. person designated or acting as the benefits of this regulation justify its 1531. This rule does not include a Director of the Executive Office for costs. The costs considered in this Federal mandate that may result in the United States Trustees; regulation include the costs for annual expenditure by State, local, and (3) The term final decision means the prosecuting an administrative appeal of Tribal governments, in the aggregate, or written determination issued by the the United States Trustee’s denial of a by the private sector, of more than the Director based upon the review of the trustee’s claim of actual, necessary annual threshold established by the Act United States Trustee’s decision to deny expenses. The anticipated costs are the ($100 million). Therefore, no actions all or part of a trustee’s claim of actual, compiling, photocopying and mailing of were deemed necessary under the necessary expenses;

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(4) The term notice means the written days from submission of the additional such review, upon the issuance of a communication from the United States information if such submission is after final decision by the Director. Trustee to a trustee that the trustee’s July 1 for a chapter 12 standing trustee (g) The trustee’s request for review claim of actual, necessary expenses has or October 1 for a chapter 13 standing shall be in writing and shall fully been denied in whole or in part; trustee, unless the trustee and United describe why the trustee disagrees with (5) The term request for review means States Trustee agree to a longer period the United States Trustee’s decision, the written communication from a of time. Any projected expenses not and shall be accompanied by all trustee to the Director seeking review of specifically disputed shall be approved documents and materials the trustee the United States Trustee’s decision to in the ordinary course and the trustee’s wants the Director to consider in deny, in whole or in part, the trustee’s fee shall be set on an interim basis; reviewing the United States Trustee’s claim of actual, necessary expenses; (2) For disputes over amendments to decision. The trustee shall send the (6) The term trustee means an the current year budget, the United original and one copy of the request for individual appointed by the United States Trustee shall either resolve the review, including all accompanying States Trustee under 28 U.S.C. 586(b) to dispute or issue a notice of denial no documents and materials, to the Office serve as the standing trustee for chapter later than 30 calendar days after the of the Director by overnight courier, for 12 or chapter 13 cases in a particular trustee’s amendment request, or if the delivery the next business day. In order region; and United States Trustee has requested to be timely, a request for review shall (7) The term United States Trustee additional information, 30 calendar be received at the Office of the Director means, alternatively: days from submission of the additional no later than 21 calendar days from the (i) A United States Trustee appointed information, unless the trustee and the date of the notice to the trustee or the under 28 U.S.C. 581; or United States Trustee agree to a longer date the expenses were deemed denied. (ii) A person acting as a United States period of time. Any portion of the The trustee shall also send a copy of the Trustee under 28 U.S.C. 585. amendment not specifically disputed request for review to the United States (b) The United States Trustee may shall be approved in the ordinary Trustee by overnight courier, for issue a decision to deny a trustee’s course; delivery the next business day. claim of actual, necessary expenses. (3) If the United States Trustee does (h) The United States Trustee shall Reasons for denial include, but are not not resolve the dispute or issue a notice have 21 calendar days from the date of limited to, finding that the trustee failed of denial within the time frames the trustee’s request for review to to do any of the following: identified in (c)(1) or (2) of this section, submit to the Director a written (1) Provide to the United States the trustee’s claim of actual, necessary response regarding the matters raised in Trustee sufficient justification for the expenses shall be deemed denied on the the trustee’s request for review. The expense; next business day following expiration United States Trustee shall provide a (2) Demonstrate to the United States of the time frames identified in (c)(1) or copy of this response to the trustee by Trustee that the expense is a cost (2) of this section. overnight courier, for delivery the next effective use of funds; (d) The United States Trustee shall business day. (3) Demonstrate to the United States (i) The Director may seek additional notify a trustee in writing of any Trustee that the expense is reasonably non-privileged information from any decision denying a trustee’s claim of related to the duties of the trustee; party, in the manner and to the extent actual, necessary expenses. The notice (4) Obtain authorization from the the Director deems appropriate. United States Trustee prior to making an shall state the reason(s) for the decision (j) In reviewing the decision to deny expenditure that was not provided for in and shall reference any documents or a trustee’s claim of actual, necessary the current budget; communications relied upon in expenses, the Director shall determine: (5) Provide the United States Trustee reaching the decision. The United States (1) Whether the decision is supported with documents, materials, or other Trustee shall provide to the trustee by the record; and information pertaining to the expense; copies of any such non-privileged (2) Whether the decision constitutes (6) Timely submit to the United States documents that were not supplied to the an appropriate exercise of discretion. Trustee accurate budgets or requests for United States Trustee by the trustee. (k) The Director shall issue a final amendment of budgets to cover the The notice shall be sent to the trustee by decision no later than 90 calendar days additional expense; or overnight courier, for delivery the next from the receipt of the trustee’s request (7) Demonstrate to the United States business day. for review, or, if the Director has Trustee that the expense is directly (e) The notice shall advise the trustee requested additional information, 30 related to office operations. that the decision is final and calendar days from submission of the (c) Before issuing a notice of denial, unreviewable unless the trustee requests additional information, unless the the United States Trustee shall in writing a review by the Director no trustee agrees to a longer period of time. communicate in writing with the trustee later than 21 calendar days from the The Director’s final decision on the in an attempt to resolve any dispute date of the notice to the trustee. If the trustee’s request for review shall over a claim of actual, necessary United States Trustee did not issue a constitute final agency action. expenses: notice of denial, and the expenses were (l) In reaching a final decision the (1) For disputes involving the deemed denied under (c)(3) of this Director may specify a person to act as trustee’s projected expenses for the section, the trustee shall have 21 a reviewing official. The reviewing upcoming fiscal year budget, the United calendar days from the date on which official may not be under the States Trustee shall either resolve the the expenses were deemed denied to supervision of the United States Trustee dispute or issue a notice of denial no submit a request for review to the who denied the trustee’s claim of actual, later than July 30 of the current calendar Director. necessary expenses. The reviewing year for a chapter 12 standing trustee or (f) The decision to deny a trustee’s official’s duties shall be specified by the October 31 of the current calendar year claim of actual, necessary expenses Director on a case-by-case basis, and for a chapter 13 standing trustee, or if shall take effect upon the expiration of may include reviewing the record, the United States Trustee has requested a trustee’s time to seek review from the obtaining additional information from additional information, 30 calendar Director or, if the trustee timely seeks the participants, providing the Director

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with written recommendations, and ACTION: Final rule; correction. Lower Mississippi River Reporting such other duties as the Director shall Points. prescribe in a particular case. SUMMARY: The United States Coast (m) This rule does not authorize a Guard published a final rule in the List of Subjects in 33 CFR Part 161 trustee to seek review of any decision to Federal Register on October 28, 2010 Harbors, Navigation (water), change maximum annual compensation, (75 FR 66309) establishing a mandatory Reporting and recordkeeping to decrease or increase appointments of participation Vessel Traffic Service trustees in a region or district, to change (VTS) on the Lower Mississippi River requirements, Vessels, Waterways. the trustee’s percentage fee, or to and transferring certain vessel traffic Accordingly, 33 CFR part 161 is suspend, terminate, or remove a trustee. management provisions of the corrected by making the following (n) A trustee must exhaust all Mississippi River, Louisiana—Regulated correcting amendment: administrative remedies before seeking Navigation Area to the VTS. That redress in any court of competent document inadvertently transposed the PART 161—VESSEL TRAFFIC jurisdiction. coordinates for two of the reporting MANAGEMENT Dated: May 12, 2011. points for the Algiers Point Special Area. Clifford J. White III, ■ 1. The authority citation for part 161 Director, Executive Office for United States DATES: Effective on May 31, 2011. continues to read as follows: Trustees. FOR FURTHER INFORMATION CONTACT: If Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. [FR Doc. 2011–12187 Filed 5–27–11; 8:45 am] you have questions on this correcting 70114, 70119; Pub. L. 107–295, 116 Stat. BILLING CODE 4410–40–P amendment or the corresponding rule, 2064; Department of Homeland Security call or e-mail Lieutenant Commander Delegation No. 0170.1. Jim Larson, Office of Shore Forces (CG– DEPARTMENT OF HOMELAND 7413), Coast Guard; telephone 202–372– ■ 2. In § 161.65, revise Table 161.65(f) to SECURITY 1554, e-mail [email protected]. read as follows: If you have questions on viewing the Coast Guard docket, call Renee V. Wright, Program § 161.65 Vessel Traffic Service Lower Manager, Docket Operations, telephone Mississippi River. 33 CFR Part 161 202–366–9826. * * * * * [Docket No. USCG–1998–4399] SUPPLEMENTARY INFORMATION: This (f) * * * amendment corrects a previously RIN 1625–AA58 printed error in the final rule that Vessel Traffic Service Lower mistakenly transposed geographic Mississippi River; Correction coordinates for the Algiers Canal Forebay and Huey P Long Bridge AGENCY: Coast Guard, DHS. reporting points in Table 161.65(f), VTS

TABLE 161.65(f)—VTS LOWER MISSISSIPPI RIVER REPORTING POINTS

Geographic Latitude/longitude/mile Designator Geographic name description marker Notes

A ...... Algiers Canal Forebay ...... 88.0 AHP ..... 29°55.40′ N; 89°57.7′ W .... Upbound transiting Algiers Point Special Area. B ...... Industrial Canal ...... 92.7 AHP ..... 29°57.2′ N; 90°01.68′ W .... Upbound transiting Algiers Point Special Area. C ...... Crescent Towing Smith 93.5 AHP ..... 29°57.50′ N; 90°02.62′ W .. Upbound Towing vessels transiting Algiers Point Spe- Fleet. cial Area. D ...... Marlex Terminal (Naval 99.0 AHP ..... 29°54.65′ N; 90°05.87′ W .. Downbound transiting Algiers Point Special Area. Ships). E ...... Huey P Long Bridge ...... 106.1 AHP ... 29°56.6′ N; 90°10.1′ W ...... Downbound transiting Algiers Point Special Area.

Dated: May 24, 2011. DEPARTMENT OF HOMELAND Port (COTP) Zone for the M.I.T.’s 150th Kathryn A. Sinniger, SECURITY Birthday Celebration Fireworks display. Chief, Office of Regulations and This safety zone is necessary to provide Administrative Law, United States Coast Coast Guard for the safety of life on navigable waters Guard. during the fireworks event. Entering [FR Doc. 2011–13332 Filed 5–27–11; 8:45 am] 33 CFR Part 165 into, transiting through, mooring or anchoring within this zone is prohibited BILLING CODE 9110–04–P [Docket No. USCG–2011–0375] unless authorized by the COTP or the RIN 1625–AA00 designated on-scene representative. Safety Zone; M.I.T.’s 150th Birthday DATES: This rule is effective and will be Celebration Fireworks, Charles River, enforced from 9 p.m. to 10 p.m. on June Boston, MA 4, 2011. AGENCY: Coast Guard, DHS. ADDRESSES: Documents indicated in this ACTION: Temporary final rule. preamble as being available in the docket are part of docket USCG–2011– SUMMARY: The Coast Guard is 0375 and are available online by going establishing a temporary safety zone to http://www.regulations.gov, inserting within the Sector Boston Captain of the USCG–2011–0375 in the ‘‘Keyword’’

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box, and then clicking ‘‘Search.’’ They 2064; and Department of Homeland significant economic impact on a are also available for inspection or Security Delegation No. 0170.1, which substantial number of small entities. copying at the Docket Management collectively authorize the Coast Guard The term ‘‘small entities’’ comprises Facility (M–30), U.S. Department of to define safety zones. small businesses, not-for-profit Transportation, West Building Ground The safety zone is being issued to organizations that are independently Floor, Room W12–140, 1200 New Jersey establish a temporary regulated area on owned and operated and are not Avenue, SE., Washington, DC 20590, the Charles River around the fireworks dominant in their fields, and between 9 a.m. and 5 p.m., Monday launch barge during the fireworks governmental jurisdictions with through Friday, except Federal holidays. display. populations of less than 50,000. The Coast Guard certifies under 5 FOR FURTHER INFORMATION CONTACT: If Discussion of Rule you have questions on this temporary U.S.C. 605(b) that this rule would not rule, call or e-mail MST1 David Labadie This temporary rule is necessary to have a significant economic impact on of the Waterways Management Division, ensure the safety of spectators, vessels a substantial number of small entities. U.S. Coast Guard Sector Boston; and other property from the hazards This rule will affect the following telephone 617–223–3010, e-mail associated with fireworks display. The entities, some of which may be small [email protected]. If you have COTP Boston has determined that entities: The owners or operators of questions on viewing material related to fireworks displays in close proximity to vessels intending to enter, transit the docket, call Renee V. Wright, watercraft and waterfront structures through, moor or anchor in portions of Program Manager, Docket Operations, pose a significant risk to public safety the Charles River during a fireworks telephone 202–366–9826. and property. Such hazards include display. obstructions to the waterway that may This rule will not have a significant SUPPLEMENTARY INFORMATION: cause marine casualties and the economic impact on a substantial Regulatory Information explosive danger of fireworks and debris number of small entities for the falling into the water that may cause following reasons: This rule will only be The Coast Guard is issuing this death or serious bodily harm. in effect for 1 hour and vessels will be temporary final rule without prior Establishing a safety zone around the able to transit around the safety zone. notice and opportunity to comment location of this fireworks event will Before the effective period, we will pursuant to authority under section 4(a) help ensure the safety of spectators, issue maritime advisories widely of the Administrative Procedure Act vessels and other property and help available to users of the river. (APA) (5 U.S.C. 553(b)). This provision minimize the associated risks. Assistance for Small Entities authorizes an agency to issue a rule The Coast Guard has implemented without prior notice and opportunity to safety zones for past events and has not Under section 213(a) of the Small comment when the agency for good received public comments or concerns Business Regulatory Enforcement cause finds that those procedures are regarding the impact to waterway traffic Fairness Act of 1996 (Pub. L. 104–121), ‘‘impracticable, unnecessary, or contrary from these events. we offer to assist small entities in to the public interest.’’ Under 5 U.S.C. understanding the rule so that they can 553(b)(B), the Coast Guard finds that Regulatory Analyses better evaluate its effects on them and good cause exists for not publishing a We developed this rule after participate in the rulemaking process. If notice of proposed rulemaking (NPRM) considering numerous statutes and the rule would affect your small with respect to this rule because executive orders related to rulemaking. business, organization, or governmental sufficient information regarding the Below we summarize our analyses jurisdiction and you have questions dates and scope of the event was not based on 13 of these statutes or concerning its provisions or options for received in time to publish a NPRM executive orders. compliance, please contact MST1 David followed by a final rule as the event Labadie at the telephone number or e- Executive Order 12866 and Executive would occur before the rulemaking mail address indicated under the FOR Order 13563 process was complete. Due to the FURTHER INFORMATION CONTACT section of dangers posed by the pyrotechnics used This rule is not a significant this notice. in this fireworks display, the safety zone regulatory action under section 3(f) of Small businesses may send comments is necessary to provide for the safety of Executive Order 12866, Regulatory on the actions of Federal employees event participants, spectator craft, and Planning and Review, as supplemented who enforce, or otherwise determine other vessels transiting the event area. by Executive Order 13563, and does not compliance with, Federal regulations to For the safety concerns noted, it is in require an assessment of potential costs the Small Business and Agriculture the public interest to have these and benefits under section 6(a)(3) of that Regulatory Enforcement Ombudsman regulations in effect during the event. Order. The Office of Management and and the Regional Small Business Under 5 U.S.C. 553(d)(3), the Coast Budget has not reviewed it under that Regulatory Fairness Boards. The Guard finds that good cause exists for Order. Ombudsman evaluates these actions making this rule effective less than 30 The Coast Guard determined that this annually and rates each agency’s days after publication in the Federal rule is not a significant regulatory action responsiveness to small business. If you Register. Any delay in the effective date for the following reasons: The safety wish to comment on actions by of this rule would expose spectators, zone will be of limited duration, is employees of the Coast Guard, call vessels and other property to the located in waterways that have no deep 1–888–REG–FAIR (1–888–734–3247). hazards associated with pyrotechnics draft commercial traffic and is designed The Coast Guard will not retaliate used in the fireworks display. to avoid, to the extent possible, fishing against small entities that question or and recreational boating traffic routes. Basis and Purpose complain about this rule or any policy or action of the Coast Guard. The legal basis for the temporary rule Small Entities is 33 U.S.C. 1226, 1231, 46 U.S.C. Under the Regulatory Flexibility Act Collection of Information Chapter 701, 3306, 3703; 50 U.S.C. 191, (5 U.S.C. 601–612), we have considered This rule calls for no new collection 195; Public Law 107–295, 116 Stat. whether this rule would have a of information under the Paperwork

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Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects requirements, Security measures, 3520). We have analyzed this rule under Waterways. Federalism Executive Order 13211, Actions For the reasons discussed in the Concerning Regulations That preamble, the Coast Guard amends 33 A rule has implications for federalism Significantly Affect Energy Supply, CFR Part 165 as follows: under Executive Order 13132, Distribution, or Use. We have Federalism, if it has a substantial direct determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION effect on State or local governments and energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS would either preempt State law or it is not a ‘‘significant regulatory action’’ ■ 1. The authority citation for Part 165 impose a substantial direct cost of under Executive Order 12866 and is not continues to read as follows: compliance on them. We have analyzed likely to have a significant adverse effect this rule under that Order and have on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. determined that it does not have energy. The Administrator of the Office Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; implications for federalism. of Information and Regulatory Affairs 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; has not designated it as a significant Pub. L. 107–295, 116 Stat. 2064; Department Unfunded Mandates Reform Act of Homeland Security Delegation No. 0170.1. energy action. Therefore, it does not The Unfunded Mandates Reform Act require a Statement of Energy Effects ■ 2. Add § 165.T01–0375 to read as of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. follows: Federal agencies to assess the effects of Technical Standards § 165.T01–0375 Safety Zone; M.I.T.’s 150th their discretionary regulatory actions. In Birthday Celebration Fireworks, Charles particular, the Act addresses actions The National Technology Transfer and Advancement Act (NTTAA) (15 River, Boston, Massachusetts that may result in the expenditure by a U.S.C. 272 note) directs agencies to use (a) General. A temporary safety zone State, local, or tribal government, in the voluntary consensus standards in their is established for the fireworks display aggregate, or by the private sector of regulatory activities unless the agency as follows: $100,000,000 (adjusted for inflation) or provides Congress, through the Office of (1) Location. All waters of the Charles more in any one year. Though this rule Management and Budget, with an River, from surface to bottom, within a will not result in such expenditure, we explanation of why using these 250-yard radius of position 42°21.20′ N; do discuss the effects of this rule standards would be inconsistent with 071°05.15′ W. This position is located in elsewhere in this preamble. applicable law or otherwise impractical. the middle of the Charles River, east of Taking of Private Property Voluntary consensus standards are Massachusetts Ave. technical standards (e.g., specifications (2) Enforcement period. This rule is This rule will not cause a taking of of materials, performance, design, or effective and will be enforced from private property or otherwise have operation; test methods; sampling 9 p.m. to 10 p.m. on June 4, 2011. taking implications under Executive procedures; and related management (b) Regulations. (1) In accordance Order 12630, Governmental Actions and systems practices) that are developed or with the general regulations in § 165.23 Interference with Constitutionally adopted by voluntary consensus of this part, entering into, transiting Protected Property Rights. standards bodies. through, mooring or anchoring within Civil Justice Reform This rule does not use technical this regulated area is prohibited unless standards. Therefore, we did not authorized by the Captain of the Port This rule meets applicable standards consider the use of voluntary consensus (COTP) Boston, or the designated on- in sections 3(a) and 3(b)(2) of Executive standards. scene representative. (2) The ‘‘on-scene representative’’ is Order 12988, Civil Justice Reform, to Environment minimize litigation, eliminate any Coast Guard commissioned, ambiguity, and reduce burden. We have analyzed this rule under warrant, or petty officer who has been Department of Homeland Security designated by the COTP Boston to act Protection of Children Management Directive 023–01 and on his behalf. The on-scene Commandant Instruction M16475.lD, representative will be aboard either a We have analyzed this rule under which guide the Coast Guard in Executive Order 13045, Protection of Coast Guard or Coast Guard Auxiliary complying with the National vessel. Children from Environmental Health Environmental Policy Act of 1969 Risks and Safety Risks. This rule is not (3) Vessel operators desiring to enter (NEPA) (42 U.S.C. 4321–4370f), and or operate within the regulated area an economically significant rule and have concluded that this action is one does not create an environmental risk to shall contact the COTP or the of a category of actions that do not designated on-scene representative via health or risk to safety that may individually or cumulatively have a disproportionately affect children. VHF channel 16 or 617–223–5750 significant effect on the human (Sector Boston command center) to Indian Tribal Governments environment. This rule is categorically obtain permission to do so. excluded, under figure 2–1, paragraph (4) Vessel operators given permission This rule does not have tribal (34)(g), of the Instruction. This rule to enter or operate in the regulated area implications under Executive Order involves the establishment of a safety must comply with all directions given to 13175, Consultation and Coordination zone. An environmental analysis them by the Captain of the Port or the with Indian Tribal Governments, checklist and a categorical exclusion designated on-scene representative. because it does not have a substantial determination are available in the Dated: May 16, 2011. direct effect on one or more Indian docket where indicated under John N. Healey, tribes, on the relationship between the ADDRESSES. Federal Government and Indian tribes, Captain, U.S. Coast Guard, Captain of the or on the distribution of power and List of Subjects in 33 CFR Part 165 Port Boston. responsibilities between the Federal Marine safety, Navigation (water), [FR Doc. 2011–13322 Filed 5–27–11; 8:45 am] Government and Indian tribes. Reporting and recordkeeping BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND Hazard, Gravesend Bay, Brooklyn, NY’’ who has been designated by the COTP SECURITY in the Federal Register (76 FR 6728). New York to act on her behalf. We received no comments on the Discussion of Comments and Changes Coast Guard proposed rule. A public meeting was not requested and none was held. The Coast Guard received no 33 CFR Part 165 comments on the proposed rulemaking. Basis and Purpose No changes were made to the final rule. [Docket No. USCG–2010–1091] In response to media reports of Regulatory Analyses RIN 1625–AA00 military munitions found in Gravesend Bay by civilian divers, U.S. Navy We developed this rule after Safety Zone; Underwater Hazard, Explosive Ordnance Disposal divers considering numerous statutes and Gravesend Bay, Brooklyn, NY from Naval Weapons Station Earle executive orders related to rulemaking. AGENCY: Coast Guard, DHS. conducted underwater surveys and Below we summarize our analyses based on 13 of these statutes or ACTION: Final rule. confirmed the location of munitions on the bottom of Gravesend Bay. The executive orders. SUMMARY: The Coast Guard is munitions consist of approximately Executive Order 12866 and Executive establishing a permanent safety zone 1500 rounds of 20mm ammunition, one Order 13563 within the waters of Gravesend Bay, 3-inch diameter projectile and two Brooklyn, New York. This safety zone is cartridge casings. The (COTP) New York This rule is not a significant necessary to provide for the protection has established a temporary safety zone regulatory action under section 3(f) of of the maritime public and safety of under docket number USCG–2010–1126 Executive Order 12866, Regulatory navigation from recently discovered as an interim measure while this long- Planning and Review, as supplemented underwater explosive hazards in term rulemaking process is pursued. by Executive Order 13563, and does not Gravesend Bay. This action will restrict In the interest of public safety, the require an assessment of potential costs unauthorized persons and vessels from U.S. Navy has requested that the Coast and benefits under section 6(a)(3) of that traveling through or conducting Guard limit access to the location in Order. The Office of Management and underwater activities within a portion of Gravesend Bay where the munitions are Budget has not reviewed it under that Gravesend Bay until recently discovered located until the ordnance can be Order. military munitions are rendered safe rendered safe and removed. Small Entities and removed from the area. Entry into This safety zone is necessary to Under the Regulatory Flexibility Act this zone is prohibited unless ensure the safety of mariners, vessels, (5 U.S.C. 601–612), we have considered authorized by the Captain of the Port and civilian divers from the potential whether this rule would have a (COTP) New York or the designated on- hazards associated with unexploded significant economic impact on a scene representative. military munitions. substantial number of small entities. DATES: This rule is effective on June 30, Background The term ‘‘small entities’’ comprises 2011. The COTP New York is establishing a small businesses, not-for-profit ADDRESSES: Comments and material safety zone around the location of an organizations that are independently received from the public, as well as unexploded munitions site to ensure the owned and operated and are not documents mentioned in this preamble safety of mariners and vessels transiting dominant in their fields, and as being available in the docket, are part near the location of the ordnance as well governmental jurisdictions with of docket USCG–2010–1091 and are as divers intending to dive in the area. populations of less than 50,000. available online by going to http:// The safety zone encompasses all The Coast Guard certifies under 5 www.regulations.gov, inserting USCG– waters of Gravesend Bay within 110- U.S.C. 605(b) that this rule will not have 2010–1091 in the ‘‘Keyword’’ box, and yard radius of position 40°36′30″ N, a significant economic impact on a then clicking ‘‘Search.’’ This material is 074°02′14″ W (NAD 83), approximately substantial number of small entities. also available for inspection or copying 70-yards southeast of the Verrazano This rule will affect the following at the Docket Management Facility (M– Bridge Brooklyn tower. entities, some of which may be small 30), U.S. Department of Transportation, Entry into the safety zone by any entities: The owners or operators of West Building Ground Floor, Room person or vessel will be prohibited vessels intending entering into, W12–140, 1200 New Jersey Avenue, SE., unless specifically authorized by the transiting through, diving, dredging, Washington, DC 20590, between 9 a.m. COTP New York, or the designated on- dumping, fishing, trawling, conducting and 5 p.m., Monday through Friday, scene representative. Persons desiring to salvage operations, remaining within or except Federal holidays. enter the safety zone may request anchoring in a portion of Gravesend FOR FURTHER INFORMATION CONTACT: If permission to enter from the Coast Bay. you have questions on this rule, call or Guard COTP via VHF Channel 16 or by This safety zone will not have a e-mail LTJG Eunice James, Coast Guard; contacting the Sector New York significant economic impact on a telephone (718) 354–4163, e-mail Command Center at (718) 354–4353. substantial number of small entities for [email protected]. If you have The Coast Guard advises that entry the following reasons. This safety zone questions on viewing or submitting into, transiting, diving, dredging, will limit access to a relatively small material to the docket, call Renee V. dumping, fishing, trawling, conducting portion of the waterway. Vessel traffic Wright, Program Manager, Docket salvage operations, remaining within or can safely transit around the safety Operations, telephone 202–366–9826. anchoring in this safety zone is zone. Before the activation of the zone, SUPPLEMENTARY INFORMATION: prohibited unless authorized by the we will issue maritime advisories COTP New York or the designated on- widely available to users of the Regulatory Information scene representative. waterway in the vicinity of Gravesend On February 8, 2011, we published a The ‘‘designated on-scene Bay. notice of proposed rulemaking (NPRM) representative’’ is any Coast Guard If you think that your business, entitled ‘‘Safety Zone; Underwater commissioned, warrant, or petty officer organization, or governmental

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jurisdiction qualifies as a small entity Taking of Private Property technical standards (e.g., specifications and that this rule will have a significant This rule will not cause a taking of of materials, performance, design, or economic impact on it, please submit a private property or otherwise have operation; test methods; sampling comment (see ADDRESSES) explaining taking implications under Executive procedures; and related management why you think it qualifies and how and Order 12630, Governmental Actions and systems practices) that are developed or to what degree this rule would Interference with Constitutionally adopted by voluntary consensus economically affect it. Protected Property Rights. standards bodies. This rule does not use technical Assistance for Small Entities Civil Justice Reform standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to Environment in the NPRM we offered to assist small minimize litigation, eliminate entities in understanding the rule so ambiguity, and reduce burden. We have analyzed this rule under that they could better evaluate its effects Department of Homeland Security Protection of Children on them and participate in the Management Directive 023–01 and rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions that do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a significant effect on the human Regulatory Fairness Boards. The Indian Tribal Governments Ombudsman evaluates these actions environment. This rule is categorically This rule does not have tribal annually and rates each agency’s excluded, under figure 2–1, paragraph implications under Executive Order responsiveness to small business. If you (34)(g), of the Instruction. This rule 13175, Consultation and Coordination wish to comment on actions by involves the establishment of a safety with Indian Tribal Governments, employees of the Coast Guard, call zone to restrict unauthorized persons because it does not have a substantial 1–888–REG–FAIR (1–888–734–3247). and vessels from entering into, direct effect on one or more Indian The Coast Guard will not retaliate transiting through, diving, dredging, tribes, on the relationship between the against small entities that question or dumping, fishing, trawling, conducting Federal Government and Indian tribes, complain about this rule or any policy salvage operations, remaining within or or on the distribution of power and or action of the Coast Guard. anchoring within a portion of Gravesend responsibilities between the Federal Bay until recently discovered military Collection of Information Government and Indian tribes. munitions are rendered safe and This rule calls for no new collection Energy Effects removed from the area. An environmental analysis checklist of information under the Paperwork We have analyzed this rule under and a categorical exclusion Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions determination are available in the 3520). Concerning Regulations That docket where indicated under Federalism Significantly Affect Energy Supply, ADDRESSES. Distribution, or Use. We have A rule has implications for federalism determined that it is not a ‘‘significant List of Subjects in 33 CFR Part 165 under Executive Order 13132, energy action’’ under that order because Harbors, Marine safety, Navigation Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ (water), Reporting and recordkeeping effect on State or local governments and under Executive Order 12866 and is not requirements, Security measures, and would either preempt State law or likely to have a significant adverse effect Waterways. impose a substantial direct cost of on the supply, distribution, or use of For the reasons discussed in the compliance on them. We have analyzed energy. The Administrator of the Office this rule under that Order and have preamble, the Coast Guard amends 33 of Information and Regulatory Affairs CFR part 165 as follows: determined that it does not have has not designated it as a significant implications for federalism. energy action. Therefore, it does not PART 165—REGULATED NAVIGATION Unfunded Mandates Reform Act require a Statement of Energy Effects AREAS AND LIMITED ACCESS AREAS under Executive Order 13211. The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 of 1995 (2 U.S.C. 1531–1538) requires Technical Standards continues to read as follows: Federal agencies to assess the effects of The National Technology Transfer Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Pub. L. 107–295, 116 Stat. 2064; Department that may result in the expenditure by a voluntary consensus standards in their of Homeland Security Delegation No. 0170.1. State, local, or tribal government, in the regulatory activities unless the agency ■ 2. Add § 165.172 to read as follows: aggregate, or by the private sector of provides Congress, through the Office of $100,000,000 (adjusted for inflation) or Management and Budget, with an § 165.172 Safety Zone; Underwater Hazard, more in any one year. Though this rule explanation of why using these Gravesend Bay, Brooklyn, NY. will not result in such an expenditure, standards would be inconsistent with (a) Location. The following area is a we do discuss the effects of this rule applicable law or otherwise impractical. safety zone: All navigable waters of elsewhere in this preamble. Voluntary consensus standards are Gravesend Bay within a 110-yard radius

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of a point in position 40°36′30″ N, DATES: This rule is effective from and 12, 2011, Ocean City, MD will host 074°02′14″ W (NAD 83), approximately 10 a.m. on June 10, 2011, until 4 p.m. an air show event above the Atlantic 70-yards southeast of the Verrazano on June 12, 2011. Ocean between Talbot Street and 33rd Bridge Brooklyn tower. ADDRESSES: Documents indicated in this Street in Ocean City, MD. In recent (b) Regulations. (1) The general preamble as being available in the years, there have been unfortunate regulations contained in 33 CFR 165.23 docket are part of docket USCG–2011– instances of jet and plane crashes during apply. 0391 and are available online by going performances at air shows. Typical of jet (2) Entering into, transiting through, to http://www.regulations.gov, inserting or plane crashes, there is also a wide diving, dredging, dumping, fishing, USCG–2011–0391 in the ‘‘Keyword’’ area of scattered debris that damages trawling, conducting salvage operations, box, and then clicking ‘‘Search.’’ They property and could cause significant remaining within or anchoring within are also available for inspection or injury or death. Due to the need to this safety zone is prohibited unless copying at the Docket Management protect mariners and the public authorized by the Captain of the Port Facility (M–30), U.S. Department of transiting the Atlantic Ocean (COTP) New York or the designated on- Transportation, West Building Ground immediately below the air show from scene representative. Floor, Room W12–140, 1200 New Jersey hazards associated with the air show, (3) The ‘‘designated on-scene Avenue, SE., Washington, DC 20590, the Coast Guard is establishing a representative’’ is any Coast Guard between 9 a.m. and 5 p.m., Monday temporary safety zone bound by the ° ′ ″ commissioned, warrant, or petty officer through Friday, except Federal holidays. following coordinates: 38 21 38 N/ 075°04′04″ W, 38°21′27″ N/075°03′29″ who has been designated by the COTP FOR FURTHER INFORMATION CONTACT: If New York. W, 38°19′35″ N/075°04′19″ W, 38°19′45″ you have questions on this temporary ° ′ ″ (4) Vessel operators desiring to enter rule, call or e-mail LT Michael DiPace, N/075 04 54 W (NAD 1983). Access to or operate within the safety zone may Waterways Management Division Chief, this area will be temporarily restricted contact the COTP New York or the Sector Hampton Roads, Coast Guard; for public safety purposes. designated representative at the Coast telephone 757–668–5581, e-mail Discussion of Rule Guard Sector New York Command [email protected]. If you have Center via VHF Channel 16 or by phone The Coast Guard is establishing a questions on viewing the docket, call temporary safety zone on the navigable at (718) 354–4353 to request permission. Renee V. Wright, Program Manager, (5) Vessel operators given permission waters of the Atlantic Ocean bound by Docket Operations, telephone 202–366– ° ′ ″ to enter or operate in the safety zone the following coordinates: 38 21 38 N/ 9826. ° ′ ″ ° ′ ″ ° ′ ″ must comply with all directions given to 075 04 04 W, 38 21 27 N/075 03 29 SUPPLEMENTARY INFORMATION: ° ′ ″ ° ′ ″ ° ′ ″ them by the COTP New York or the on- W, 38 19 35 N/075 04 19 W, 38 19 45 ° ′ ″ scene representative. Regulatory Information N/075 04 54 W (NAD 1983), in the vicinity of Talbot Street and 33rd Street Dated: May 11, 2011. The Coast Guard is issuing this in Ocean City, MD. L.L. Fagan, temporary final rule without prior This safety zone is in the interest of Captain, U.S. Coast Guard, Captain of the notice and opportunity to comment public safety during the Ocean City Air Port New York. pursuant to authority under section 4(a) Show and will be enforced from 10 a.m. [FR Doc. 2011–13325 Filed 5–27–11; 8:45 am] of the Administrative Procedure Act until 4 p.m. on June 10, 2011, from BILLING CODE 9110–04–P (APA) (5 U.S.C. 553(b)). This provision 10 a.m. until 4 p.m. on June 11, 2011, authorizes an agency to issue a rule and from 10 a.m. until 4 p.m. on June without prior notice and opportunity to 12, 2011. Access to the safety zone will DEPARTMENT OF HOMELAND comment when the agency for good be restricted during the specified dates SECURITY cause finds that those procedures are and times. Except for vessels authorized ‘‘impracticable, unnecessary, or contrary by the Captain of the Port or his Coast Guard to the public interest.’’ Under 5 U.S.C. Representative, no person or vessel may 553(b)(B), the Coast Guard finds that enter or remain in the safety zone. 33 CFR Part 165 good cause exists for not publishing a notice of proposed rulemaking (NPRM) Regulatory Analyses [Docket No. USCG–2011–0391] with respect to this rule because any We developed this rule after delay encountered in this regulation’s considering numerous statutes and RIN 1625–AA00 effective date by publishing a NPRM executive orders related to rulemaking. Safety Zone; Ocean City Air Show, would be contrary to public interest Below we summarize our analyses Atlantic Ocean, Ocean City, MD since immediate action is needed to based on 13 of these statutes or provide for the safety of life and executive orders. AGENCY: Coast Guard, DHS. property on navigable waters. Regulatory Planning and Review ACTION: Temporary Final rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for This rule is not a significant SUMMARY: The Coast Guard will making this rule effective less than 30 regulatory action under section 3(f) of establish a temporary safety zone on the days after publication in the Federal Executive Order 12866, Regulatory Atlantic Ocean in the vicinity of Ocean Register. Delaying the effective date Planning and Review, and does not City, MD to support the Ocean City Air would be contrary to the public interest require an assessment of potential costs Show. This action is necessary to since immediate action is needed to and benefits under section 6(a)(3) of that provide for the safety of life on ensure the safety of the event Order. The Office of Management and navigable waters during the Ocean City participants, spectator craft, and other Budget has not reviewed it under that Air Show. This action is intended to vessels transiting the event area. Order. Although this regulation restricts restrict vessel traffic movement on the access to the safety zone, the effect of Atlantic Ocean to protect mariners from Background and Purpose this rule will not be significant because: the hazards associated with air show Coast Guard Sector Hampton Roads (i) The safety zone will be in effect for events. has been notified that on June 10, 11, a limited duration; (ii) the zone is of

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limited size; (iii) mariners may transit and the Regional Small Business health or risk to safety that may the waters in and around this safety Regulatory Fairness Boards. The disproportionately affect children. zone at the discretion of the Captain of Ombudsman evaluates these actions Indian Tribal Governments the Port or designated representative; annually and rates each agency’s and (iv), the Coast Guard will make responsiveness to small business. If you This rule does not have tribal notifications via maritime advisories so wish to comment on actions by implications under Executive Order mariners can adjust their plans employees of the Coast Guard, call 13175, Consultation and Coordination accordingly. 1–888–REG–FAIR (1–888–734–3247). with Indian Tribal Governments, The Coast Guard will not retaliate because it does not have a substantial Small Entities against small entities that question or direct effect on one or more Indian Under the Regulatory Flexibility Act complain about this rule or any policy tribes, on the relationship between the (5 U.S.C. 601–612), we have considered or action of the Coast Guard. Federal Government and Indian tribes, whether this rule would have a or on the distribution of power and significant economic impact on a Collection of Information responsibilities between the Federal substantial number of small entities. This rule calls for no new collection Government and Indian tribes. The term ‘‘small entities’’ comprises of information under the Paperwork Energy Effects small businesses, not-for-profit Reduction Act of 1995 (44 U.S.C. 3501– organizations that are independently 3520). We have analyzed this rule under owned and operated and are not Executive Order 13211, Actions dominant in their fields, and Federalism Concerning Regulations That governmental jurisdictions with A rule has implications for federalism Significantly Affect Energy Supply, populations of less than 50,000. under Executive Order 13132, Distribution, or Use. We have The Coast Guard certifies under 5 Federalism, if it has a substantial direct determined that it is not a ‘‘significant U.S.C. 605(b) that this rule will not have effect on State or local governments and energy action’’ under that order because a significant economic impact on a would either preempt State law or it is not a ‘‘significant regulatory action’’ substantial number of small entities. impose a substantial direct cost of under Executive Order 12866 and is not The rule would affect the following compliance on them. We have analyzed likely to have a significant adverse effect entities, some of which might be small this rule under that Order and have on the supply, distribution, or use of entities: The owners or operators of determined that it does not have energy. The Administrator of the Office vessels intending to transit or anchor on implications for federalism. of Information and Regulatory Affairs the Atlantic Ocean in the vicinity of has not designated it as a significant Ocean City, MD from 10 a.m. until Unfunded Mandates Reform Act energy action. Therefore, it does not 4 p.m. on June 10, 2011, from 10 a.m. require a Statement of Energy Effects The Unfunded Mandates Reform Act until 4 p.m. on June 11, 2011, and from under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires 10 a.m. until 4 p.m. on June 12, 2011. Federal agencies to assess the effects of This safety zone will not have a Technical Standards their discretionary regulatory actions. In significant economic impact on a The National Technology Transfer particular, the Act addresses actions substantial number of small entities for and Advancement Act (NTTAA) (15 that may result in the expenditure by a the following reasons: (i) The safety U.S.C. 272 note) directs agencies to use State, local, or tribal government, in the zone will only be in place for a limited voluntary consensus standards in their aggregate, or by the private sector of duration and limited size. (ii) Before the regulatory activities unless the agency $100,000,000 or more in any one year. enforcement period of June 10, 2011 to provides Congress, through the Office of Though this rule will not result in such June 12, 2011, maritime advisories will Management and Budget, with an an expenditure, we do discuss the be issued allowing mariners to adjust explanation of why using these effects of this rule elsewhere in this their plans accordingly. standards would be inconsistent with If you think that your business, preamble. applicable law or otherwise impractical. organization, or governmental Taking of Private Property Voluntary consensus standards are jurisdiction qualifies as a small entity technical standards (e.g., specifications and that this rule would have a This rule will not affect a taking of of materials, performance, design, or significant economic impact on it, private property or otherwise have operation; test methods; sampling please submit a comment (see taking implications under Executive procedures; and related management ADDRESSES) explaining why you think it Order 12630, Governmental Actions and systems practices) that are developed or qualifies and how and to what degree Interference with Constitutionally adopted by voluntary consensus this rule would economically affect it. Protected Property Rights. standards bodies. Civil Justice Reform This rule does not use technical Assistance for Small Entities standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to we offer to assist small entities in minimize litigation, eliminate Environment understanding the rule so that they can ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security better evaluate its effects on them and Protection of Children participate in the rulemaking process. Management Directive 023–01 and Small businesses may send comments We have analyzed this rule under Commandant Instruction M16475.lD, on the actions of Federal employees Executive Order 13045, Protection of which guide the Coast Guard in who enforce, or otherwise determine Children from Environmental Health complying with the National compliance with, Federal regulations to Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 the Small Business and Agriculture an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and Regulatory Enforcement Ombudsman does not create an environmental risk to have concluded this action is one of a

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category of actions which do not on board a vessel displaying a U.S. nonattainment area continues to meet individually or cumulatively have a Coast Guard Ensign. the 1997 8-hour ozone NAAQS. This significant effect on the human (3) The Captain of the Port, Hampton determination of attainment is not environment. This rule is categorically Roads, Virginia can be contacted at equivalent to a redesignation to excluded, under figure 2–1, paragraph telephone number (757) 638–6637. attainment. The State must still meet the (34)(g), of the Instruction. This rule (4) U.S. Coast Guard vessels enforcing statutory requirements for redesignation involves establishing a temporary safety the safety zone can be contacted on in order to be redesignated to zone. An environmental analysis VHF–FM marine band radio, channel 13 attainment. This action is being taken checklist and a categorical exclusion (156.65 MHz) and channel 16 (156.8 under the Clean Air Act (CAA). determination will be available in the MHz). DATES: Effective Date: This final rule is docket where indicated under (d) Enforcement period. This rule will effective on June 30, 2011. ADDRESSES. be enforced from 10 a.m. until 4 p.m. on ADDRESSES: EPA has established a June 10, 2011, from 10 a.m. until 4 p.m. List of Subjects in 33 CFR Part 165 docket for this action under Docket ID on June 11, 2011, and from 10 a.m. until Number EPA–R03–OAR–2010–1082. All Harbors, Marine safety, Navigation 4 p.m. on June 12, 2011. documents in the docket are listed in (water), Reporting and recordkeeping Dated: May 16, 2011. the http://www.regulations.gov Web requirements, Security measures, and Mark S. Ogle, site. Although listed in the electronic Waterways. Captain, U.S. Coast Guard, Captain of the docket, some information is not publicly For the reasons discussed in the Port Hampton Roads. available, i.e., confidential business preamble, the Coast Guard amends 33 [FR Doc. 2011–13329 Filed 5–27–11; 8:45 am] information (CBI) or other information CFR part 165 subpart C as follows: BILLING CODE 9110–04–P whose disclosure is restricted by statute. Certain other material, such as PART 165—REGULATED NAVIGATION copyrighted material, is not placed on AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION the Internet and will be publicly available only in hard copy form. ■ 1. The authority citation for part 165 AGENCY Publicly available docket materials are continues to read as follows: 40 CFR Part 52 available either electronically through Authority: 33 U.S.C. 1231; 46 U.S.C. http://www.regulations.gov or in hard Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; [EPA–R03–OAR–2010–1082; FRL–9313–1] copy for public inspection during 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Approval and Promulgation of Air normal business hours at the Air 107–295, 116 Stat. 2064; Department of Protection Division, U.S. Environmental Homeland Security Delegation No. 0170.1. Quality Implementation Plans; Pennsylvania; Determination of Protection Agency, Region III, 1650 ■ 2. Add Temporary § 165.T05–0391, to Attainment for the Pittsburgh-Beaver Arch Street, Philadelphia, Pennsylvania read as follows: Valley 8-Hour Ozone Nonattainment 19103. FOR FURTHER INFORMATION CONTACT: § 165.T05–0391 Safety Zone; Ocean City Area Air Show, Atlantic Ocean, Ocean City, MD Maria A. Pino, (215) 814–2181, or by AGENCY: Environmental Protection e-mail at [email protected]. (a) Regulated area. The following area Agency (EPA). SUPPLEMENTARY INFORMATION: is a safety zone: Specified waters of the ACTION: Final rule. Atlantic Ocean bound by the following I. Background ° ′ ″ ° ′ ″ coordinates: 38 21 38 N/075 04 04 W, SUMMARY: EPA is making a final On February 7, 2011 (76 FR 6590), ° ′ ″ ° ′ ″ ° ′ ″ 38 21 27 N/075 03 29 W, 38 19 35 N/ determination that the Pittsburgh- EPA published a notice of proposed ° ′ ″ ° ′ ″ ° ′ ″ 075 04 19 W, 38 19 45 N/075 04 54 Beaver Valley 8-hour ozone rulemaking (NPR), proposing to W (NAD 1983), in the vicinity of Ocean nonattainment area (the Pittsburgh determine that the Pittsburgh Area has City, Maryland. Area) has attained the 1997 8-hour attained the 1997 8-hour ozone NAAQS. (b) Definition: For purposes of ozone national ambient air quality The Pittsburgh Area is composed of enforcement of this section, Captain of standards (NAAQS). This determination Allegheny, Armstrong, Beaver, Butler, the Port Representative means any U.S. is based upon complete, quality assured, Fayette, Washington, and Westmoreland Coast Guard commissioned, warrant or and certified ambient air monitoring Counties in Pennsylvania. EPA’s petty officer who has been authorized data that show the area has monitored determination is based upon complete, by the Captain of the Port, Hampton attainment of the 1997 8-hour ozone quality-assured, quality-controlled, and Roads, Virginia to act on his behalf. NAAQS for the 2007 to 2009 monitoring certified ambient air quality monitoring (c) Regulation. (1) In accordance with period. Complete, quality-assured air data for the years 2007 to 2009 showing the general regulations in 165.23 of this monitoring data available for 2010 in that the Pittsburgh Area has monitored part, entry into this zone is prohibited EPA’s Air Quality System (AQS) are attainment of the 1997 8-hour ozone unless authorized by the Captain of the consistent with continued attainment. NAAQS. Complete air quality Port, Hampton Roads or his designated In accordance with EPA’s applicable monitoring data for 2010 in AQS also representatives. ozone implementation rule, this show continued attainment. (2) The operator of any vessel in the determination suspends the obligation immediate vicinity of this safety zone of the Commonwealth of Pennsylvania II. Summary of Action shall: to submit an attainment demonstration EPA is determining that the (i) Stop the vessel immediately upon and associated reasonably available Pittsburgh Area has attained the 1997 8- being directed to do so by any control measures (RACM), a reasonable hour ozone NAAQS based on 2007 to commissioned, warrant or petty officer further progress (RFP) plan, contingency 2009 complete, quality-assured, and on board a vessel displaying a U.S. measures, and other planning certified ambient air quality monitoring Coast Guard Ensign; and requirements related to attainment of data. Data for 2010 are consistent with (ii) Proceed as directed by any the 1997 8-hour ozone NAAQS for the continued attainment. As provided in commissioned, warrant or petty officer Pittsburgh Area for as long as the 40 CFR 51.918, a final determination of

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attainment suspends the requirement for the United States Court of Appeals for other planning requirements related to the Commonwealth of Pennsylvania to the District of Columbia Circuit (DC Cir) attainment as SIP revisions for as long submit, for the Pittsburgh Area, an in NRDC v. EPA, 571 F.3d 1245 (DC Cir. as the area continues to attain. In any attainment demonstration and 2009), is based on the principle that case, the requirements that are associated RACM, RFP plan, when an area is already attaining a suspended by the regulation are related contingency measures, and any other standard, and continues in attainment, solely to attainment for the 1997 8-hour planning requirements related to there is no basis for requiring planning ozone standard. EPA is determining, attainment of the 1997 8-hour ozone SIPs to attain that standard. In other and the commenter does not contest, NAAQS as long as the area continues to words, if an area is meeting the NAAQS, that the area is attaining that standard attain the 1997 8-hour ozone NAAQS. If it does not need a plan to meet the and the suspension of attainment EPA subsequently determines, after NAAQS. No additional measures are planning SIP submissions lasts only as notice-and-comment rulemaking, that required for the area to attain the long as the area is meeting that the Pittsburgh Area has violated the standard, since the area is already in standard. No other requirements are 1997 8-hour ozone NAAQS, the basis for attainment. In any event, EPA’s suspended. The commenter is incorrect the suspension of the specific determination of attainment is based in arguing that the determination of requirements, set forth at 40 CFR solely on quality-assured ambient air attainment would delay implementation 51.918, would no longer exist, and the quality monitoring. It is 40 CFR 51.918 of measures needed for attainment of Pittsburgh Area would thereafter have to that directs the suspension of planning the 1997 8-hour ozone standard, and address applicable requirements. requirements for the 1997 8-hour ozone that it would relax SIP control This action is not a redesignation of standard. This suspension lasts only for measures. This action has no effect on the area to attainment. The Pittsburgh so long as the area continues in control measures, or air quality, in the Area will remain designated attainment. Contrary to the commenter’s area. For example, contrary to nonattainment for the 1997 8-hour contention, under these circumstances commenter’s contention, RACT ozone NAAQS until such time as EPA there are no adverse impacts from the requirements for the 1997 8-hour ozone determines that the area meets the CAA suspension. standard (or for any other standard), are requirements for redesignation to Comment: The commenter asserts that not suspended or delayed by this attainment, including an approved the data from ambient air quality determination, nor by 40 CFR 51.918. maintenance plan. monitors in the Pittsburgh Area do not In sum, no evaluation under section Other specific information regarding meet the 75 parts per billion (ppb) 2008 110(l) is required by law, and even if this determination and the rationale for NAAQS or the 60 to 70 ppb levels such an evaluation were required, EPA EPA’s proposed action are explained in proposed in EPA’s reconsideration of would conclude that this determination the NPR, and will not be restated here. the 2008 NAAQS. of attainment would not interfere with Response: EPA’s rulemaking action III. Summary of Public Comments and attainment, reasonable further progress here addresses only the 1997 8-hour EPA Responses towards attainment, or any other ozone NAAQS, and has no bearing on applicable requirement of the CAA. On March 9, 2011, EPA received whether the area is attaining any other adverse comments on the NPR from Mr. NAAQS or requirements under any IV. Final Action Robert Ukeiley on behalf of the other NAAQS. Therefore, this comment EPA has determined that the Chesapeake Bay Foundation, the Group is not relevant to this rulemaking action. Pittsburgh Area has attained the 1997 8- Against Smog and Pollution, the Comment: The commenter alleges that hour ozone NAAQS based on 2007 to National Parks Conservation EPA must perform an evaluation under 2009 complete, quality-assured, and Association, and the Sierra Club. A CAA Section 110(l) to justify a certified ambient air quality monitoring summary of the comments submitted determination of attainment for the data. Data in AQS for 2010 are and EPA’s response is provided below. Pittsburgh Area, and further alleges that consistent with continued attainment. Comment: The commenter stated that CAA Section 110(l) would show that As provided in 40 CFR 51.918, this EPA should not approve the EPA should disapprove the attainment determination suspends the determination of attainment because the determination. The commenter requirements for the Commonwealth of Pittsburgh Area does not have a plan to contends that EPA must analyze how Pennsylvania to submit, for the meet the 1997 8-hour ozone NAAQS. delaying implementation of the 1987 Pittsburgh Area, an attainment Response: EPA disagrees with the SIP revisions, including RACT, will demonstration and associated RACM, commenter’s assertion that no common interfere with other NAAQs attainment. RFP plan, contingency measures, and sense or legal basis exists for EPA to Response: CAA Section 110(l) applies any other planning requirements related finalize its determination of attainment. explicitly and only to a ‘‘revision to an to attainment of the 1997 8-hour ozone The sole question addressed by EPA’s implementation plan.’’ As set forth in NAAQS as long as the area continues to rulemaking is whether the monitored the response to comment above, EPA’s attain the 1997 8-hour ozone NAAQS. ambient air quality in the area shows rulemaking here is restricted to EPA’s This action is not a redesignation. The that the area has attained the 1997 8- determination, based on ambient air Pittsburgh Area will remain designated hour ozone standard. The commenter quality, that the Pittsburgh Area is nonattainment for the 1997 8-hour does not contest EPA’s finding that the attaining the 1997 8-hour ozone ozone NAAQS until such time as EPA Pittsburgh Area meets this NAAQS. standard. It is not a SIP revision, and determines that the area meets the CAA Upon EPA’s final determination that the thus section 110(l) is by its own terms requirements for redesignation to area has attained the standard, 40 CFR not applicable to this rulemaking. It is attainment, including an approved 51.918 provides that the CAA not this determination of attainment, maintenance plan. requirement to submit planning SIPs but rather EPA’s ozone implementation associated with attainment of that rule, 40 CFR 51.918, that specifies the V. Statutory and Executive Order standard are suspended for as long as consequence of the determination as Reviews the area continues to have ambient air suspension of the area’s obligations to This action makes a determination of quality data that meets that NAAQS. submit an attainment demonstration, a attainment based on air quality and This regulation, which was upheld by RFP plan, contingency measures and results in the suspension of certain

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Federal requirements, and does not other required information to the U.S. period. Complete, quality-assured air impose additional requirements beyond Senate, the U.S. House of monitoring data for 2010 are consistent those imposed by State law. For that Representatives, and the Comptroller with continued attainment. This reason, this proposed action: General of the United States prior to determination suspends the obligation • Is not a ‘‘significant regulatory publication of the rule in the Federal of the Commonwealth of Pennsylvania action’’ subject to review by the Office Register. A major rule cannot take effect to submit an attainment demonstration of Management and Budget under until 60 days after it is published in the and associated reasonably available Executive Order 12866 (58 FR 51735, Federal Register. This action is not a control measures (RACM), a reasonable October 4, 1993); ‘‘major rule’’ as defined by 5 U.S.C. further progress (RFP) plan, contingency • Does not impose an information 804(2). measures, and other planning collection burden under the provisions Under section 307(b)(1) of the Clean requirements related to attainment of of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of the 1997 8-hour ozone NAAQS for the U.S.C. 3501 et seq.); this action must be filed in the United Pittsburgh Area for as long as the area • Is certified as not having a States Court of Appeals for the continues to meet the 1997 8-hour significant economic impact on a appropriate circuit by August 1, 2011. ozone NAAQS. If a violation of the1997 substantial number of small entities Filing a petition for reconsideration by 8-hour ozone NAAQS is monitored in under the Regulatory Flexibility Act the Administrator of this final rule does the Pittsburgh-Beaver Valley 8-hour (5 U.S.C. 601 et seq.); not affect the finality of this action for ozone nonattainment area, this • Does not contain any unfunded the purposes of judicial review nor does determination shall no longer apply. mandate or significantly or uniquely it extend the time within which a [FR Doc. 2011–13275 Filed 5–27–11; 8:45 am] affect small governments, as described petition for judicial review may be filed, in the Unfunded Mandates Reform Act and shall not postpone the effectiveness BILLING CODE 6560–50–P of 1995 (Pub. L. 104–4); of such rule or action. This • Does not have Federalism determination that the Pittsburgh Area ENVIRONMENTAL PROTECTION implications as specified in Executive has attained the1997 8-hour ozone AGENCY Order 13132 (64 FR 43255, August 10, NAAQS may not be challenged later in 1999); proceedings to enforce its requirements. 40 CFR Part 52 • Is not an economically significant (See section 307(b)(2).) regulatory action based on health or List of Subjects in 40 CFR Part 52 [EPA–R04–OAR–2011–0084–201135; FRL– safety risks subject to Executive Order 9312–5] 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air • Is not a significant regulatory action pollution control, Incorporation by Approval and Promulgation of subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, Implementation Plans and 28355, May 22, 2001); Ozone, Reporting and recordkeeping Designations of Areas for Air Quality • Is not subject to requirements of requirements. Planning Purposes; Alabama, Georgia, Section 12(d) of the National Dated: May 23, 2011, and Tennessee: Chattanooga; Technology Transfer and Advancement W.C. Early, Determination of Attaining Data for the Act of 1995 (15 U.S.C. 272 note) because 1997 Annual Fine Particulate Standard application of those requirements would Acting Regional Administrator, Region III. be inconsistent with the CAA; and 40 CFR part 52 is amended as follows: AGENCY: Environmental Protection • Does not provide EPA with the Agency (EPA). discretionary authority to address, as PART 52—[AMENDED] ACTION: Final rule. appropriate, disproportionate human ■ 1. The authority citation for part 52 health or environmental effects, using SUMMARY: EPA has determined that the continues to read as follows: practicable and legally permissible Chattanooga, Tennessee-Georgia, fine methods, under Executive Order 12898 Authority: 42 U.S.C. 7401 et seq. particulate (PM2.5) nonattainment area (59 FR 7629, February 16, 1994). (hereafter referred to as ‘‘the In addition, this determination that Subpart NN—Pennsylvania Chattanooga Area’’ or ‘‘Area’’) has

the Pittsburgh Area has attained the ■ 2. In § 52.2037, paragraph (q) is added attained the 1997 annual average PM2.5 1997 8-hour ozone NAAQS does not to read as follows: National Ambient Air Quality Standard have tribal implications as specified by (NAAQS). The Chattanooga Area is Executive Order 13175 (65 FR 67249, § 52.2037 Control strategy plans for comprised of Hamilton County in November 9, 2000), because the SIP is attainment and rate-of-progress: Ozone. Tennessee, Catoosa and Walker not approved to apply in Indian country * * * * * Counties in Georgia, and a portion of located in the State, and EPA notes that (q) Determination of attainment—In Jackson County in Alabama. This it will not impose substantial direct accordance with 40 CFR 51.918, EPA determination of attainment is based costs on tribal governments or preempt has determined that Pittsburgh-Beaver upon quality-assured and certified tribal law. Valley 8-hour ozone nonattainment area ambient air monitoring data for the The Congressional Review Act, 5 has attained the 1997 8-hour ozone 2007–2009 period showing that the Area U.S.C. 801 et seq., as added by the Small standard and that certain requirements has monitored attainment of the 1997 Business Regulatory Enforcement of section 172(c) of the Clean Air Act are annual PM2.5 NAAQS. The requirements Fairness Act of 1996, generally provides suspended as long as the nonattainment for the Area to submit an attainment that before a rule may take effect, the area continues to meet the 1997 8-hour demonstration and associated agency promulgating the rule must ozone NAAQS. This determination is reasonably available control measures submit a rule report, which includes a based upon complete, quality assured, (RACM), a reasonable further progress copy of the rule, to each House of the and certified ambient air monitoring (RFP) plan, contingency measures, and Congress and to the Comptroller General data that show the area has monitored other planning State Implementation of the United States. EPA will submit a attainment of the 1997 8-hour ozone Plan (SIP) revisions related to report containing these actions and NAAQS for the 2007 to 2009 monitoring attainment of the standard shall be

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suspended so long as the Area continues 15895). For summary purposes, a IV. Statutory and Executive Order to attain the 1997 annual PM2.5 NAAQS. monitor in Rossville did not meet data Reviews DATES: Effective Date: This final rule is completeness requirements for 2007 due This action makes a determination of effective on June 30, 2011. to monitor shut-down. Data substitution attainment based on air quality, and will ADDRESSES: EPA has established a was used to determine the attainment result in the suspension of certain docket for this action under Docket ID status of the Rossville site. The Georgia federal requirements, and it will not Number EPA–R04–OAR–2011–0084. All Environmental Protection Division (GA impose additional requirements beyond documents in the docket are listed in EPD) developed a weight-of-evidence those imposed by state law. For that the http://www.regulations.gov Web approach for an alternative method of reason, this action: site. Although listed in the electronic data substitution. EPA determined that • Is not a ‘‘significant regulatory docket, some information is not publicly GA EPD successfully demonstrated a action’’ subject to review by the Office available, i.e., confidential business strong correlation between the PM2.5 of Management and Budget under information (CBI) or other information data from the Rossville site and two Executive Order 12866 (58 FR 51735, whose disclosure is restricted by statute. other sites in the Area. The annual October 4, 1993); Certain other material, such as design value for 2007–2009 for the • Does not impose an information copyrighted material, is not placed on Chattanooga Area is 12.7 μg/m3, at the collection burden under the provisions the Internet and will be publicly Siskin Drive site (47–065–4002). The of the Paperwork Reduction Act (44 available only in hard copy form. comment period closed on April 21, U.S.C. 3501 et seq.); Publicly available docket materials are 2011. No comments were received in • Is certified as not having a available either electronically through response to the NPR. significant economic impact on a http://www.regulations.gov or in hard substantial number of small entities copy for public inspection during II. What is the effect of this action? under the Regulatory Flexibility Act normal business hours at the Regulatory (5 U.S.C. 601 et seq.); Development Section, Air Planning This final action, in accordance with • Does not contain any unfunded Branch, Air, Pesticides and Toxics 40 CFR 51.1004(c), suspends the mandate or significantly or uniquely Management Division, U.S. requirements for this Area to submit affect small governments, as described Environmental Protection Agency, attainment demonstrations, associated in the Unfunded Mandates Reform Act Region 4, 61 Forsyth Street, SW., RACM, RFP plans, contingency of 1995 (Pub. L. 104–4); Atlanta, Georgia 30303–8960. measures, and other planning SIPs • Does not have Federalism FOR FURTHER INFORMATION CONTACT: Joel related to attainment of the 1997 annual implications as specified in Executive Huey or Sara Waterson, Regulatory PM2.5 NAAQS as long as this Area Order 13132 (64 FR 43255, August 10, Development Section, Air Planning continues to meet the 1997 annual PM2.5 1999); Branch, Air, Pesticides and Toxics NAAQS. Finalizing this action does not • Is not an economically significant Management Division, U.S. constitute a redesignation of the regulatory action based on health or Environmental Protection Agency, Chattanooga Area to attainment for the safety risks subject to Executive Order Region 4, 61 Forsyth Street, SW., 1997 annual PM2.5 NAAQS under 13045 (62 FR 19885, April 23, 1997); Atlanta, Georgia 30303–8960. Mr. Huey section 107(d)(3) of the Clean Air Act • Is not a significant regulatory action may be reached by phone at (404) 562– (CAA). Further, finalizing this action subject to Executive Order 13211 (66 FR 9104 or via electronic mail at does not involve approving 28355, May 22, 2001); [email protected]. Ms. Waterson may maintenance plans for the Area as • Is not subject to requirements of be reached by phone at (404) 562–9061 required under section 175A of the Section 12(d) of the National or via electronic mail at CAA, nor does it involve a Technology Transfer and Advancement [email protected]. determination that the Area has met all Act of 1995 (15 U.S.C. 272 note) because SUPPLEMENTARY INFORMATION: requirements for a redesignation. application of those requirements would be inconsistent with the CAA; and I. What action is EPA taking? III. What is EPA’s final action? • Does not provide EPA with the II. What is the effect of this action? discretionary authority to address, as III. What is EPA’s final action? EPA is determining that the IV. Statutory and Executive Order Reviews appropriate, disproportionate human Chattanooga Area has attaining data for health or environmental effects, using I. What action is EPA taking? the 1997 annual PM2.5 NAAQS. This practicable and legally permissible EPA is determining that the determination is based upon quality methods, under Executive Order 12898 Chattanooga Area (comprised Hamilton assured, quality controlled, and certified (59 FR 7629, February 16, 1994). In ambient air monitoring data showing County in Tennessee, Catoosa and addition, this 1997 PM2.5 clean NAAQS Walker Counties in Georgia, and a that this Area has monitored attainment data determination for the Chattanooga portion of Jackson County in Alabama) of the 1997 annual PM2.5 NAAQS during Area does not have tribal implications has attaining data for the 1997 annual the period 2007–2009. This final action, as specified by Executive Order 13175 in accordance with 40 CFR 51.1004(c), PM2.5 NAAQS. This determination is (65 FR 67249, November 9, 2000), based upon quality assured, quality will suspend the requirements for this because the SIP is not approved to apply controlled and certified ambient air Area to submit attainment in Indian country located in the state, monitoring data that shows the Area has demonstrations, associated RACM, RFP and EPA notes that it will not impose monitored attainment of the 1997 plans, contingency measures, and other substantial direct costs on tribal annual PM2.5 NAAQS based on the planning SIPs related to attainment of governments or preempt tribal law. 2007–2009 data. the 1997 annual PM2.5 NAAQS as long The Congressional Review Act, 5 Other specific requirements of the as the Area continues to meet the 1997 U.S.C. 801 et seq., as added by the Small determination and the rationale for annual PM2.5 NAAQS. EPA is taking this Business Regulatory Enforcement EPA’s action are explained in the notice final action because it is in accordance Fairness Act of 1996, generally provides of proposed rulemaking (NPR) with the CAA and EPA policy and that before a rule may take effect, the published on March 22, 2011 (76 FR guidance. agency promulgating the rule must

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submit a rule report, which includes a continues to meet the 1997 annual PM2.5 ACTION: Announcement of delegation copy of the rule, to each House of the NAAQS. agreement. Congress and to the Comptroller General of the United States. EPA will submit a Subpart L—Georgia SUMMARY: This document announces that effective April 11, 2011, EPA report containing this action and other ■ 3. Section 52.578 is amended by Region 1 has signed an agreement with required information to the U.S. Senate, adding paragraph (b) to read as follows: the U.S. House of Representatives, and the Massachusetts Department of the Comptroller General of the United § 52.578 Control Strategy: Sulfur oxides Environmental Protection (MassDEP) States prior to publication of the rule in and particulate matter. delegating authority to implement and the Federal Register. A major rule * * * * * enforce the Federal Prevention of cannot take effect until 60 days after it (b) Determination of Attaining Data. Significant Deterioration (PSD) program is published in the Federal Register. EPA has determined, as of May 31, to the MassDEP. Therefore, effective that This action is not a ‘‘major rule’’ as 2011, the Chattanooga, Tennessee, date, MassDEP is the implementing defined by 5 U.S.C. 804(2). nonattainment area has attaining data authority for the PSD program in Under section 307(b)(1) of the CAA, for the 1997 annual PM2.5 NAAQS. This Massachusetts. This document explains petitions for judicial review of this determination, in accordance with 40 the consequences of this change for action must be filed in the United States CFR 52.1004(c), suspends the owners and operators of sources that Court of Appeals for the appropriate requirements for this area to submit an have PSD permits or that will need such circuit by August 1, 2011. Filing a attainment demonstration, associated permits in the future. petition for reconsideration by the reasonably available control measures, a DATES: Effective Date: EPA’s PSD Administrator of this final rule does not reasonable further progress plan, program delegation agreement with the affect the finality of this action for the contingency measures, and other MassDEP is effective on April 11, 2011. purposes of judicial review nor does it planning SIPs related to attainment of ADDRESSES: The Delegation Agreement extend the time within which a petition the standard for as long as this area is available either electronically through for judicial review may be filed, and continues to meet the 1997 annual PM2.5 http://www.epa.gov/NE/communities/ shall not postpone the effectiveness of NAAQS. nseemissions.html or in hard copy at the Office of Ecosystem Protection, U.S. such rule or action. This action may not Subpart RR—Tennessee be challenged later in proceedings to Environmental Protection Agency, EPA enforce its requirements. (See section ■ 4. Section 52.2231 is amended by New England Regional Office, Office of 307(b)(2).) adding paragraph (c) to read as follows: Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square— List of Subjects in 40 CFR Part 52 § 52.2231 Control strategy: Sulfur oxides Suite 100, Boston, MA. EPA requests Environmental protection, Air and particulate matter. that if at all possible, you contact the pollution control, Incorporation by * * * * * contact listed in the FOR FURTHER reference, Particulate matter. (c) Determination of Attaining Data. INFORMATION CONTACT section to EPA has determined, as of May 31, Dated: May 19, 2011. schedule your inspection. The Regional 2011, the Chattanooga, Tennessee, Gwendolyn Keyes Fleming, Office’s official hours of business are nonattainment area has attaining data Monday through Friday, 8:30 to 4:30, Regional Administrator, Region 4. for the 1997 annual PM2.5 NAAQS. This excluding legal holidays. 40 CFR part 52 is amended as follows: determination, in accordance with 40 Copies of the Delegation Agreement CFR 52.1004(c), suspends the are also available for public inspection PART 52—[AMENDED] requirements for this area to submit an during normal business hours, by attainment demonstration, associated appointment at the Division of Air ■ 1. The authority citation for part 52 reasonably available control measures, a Quality Control, Department of continues to read as follows: reasonable further progress plan, Environmental Protection, One Winter Authority: 42 U.S.C. 7401 et seq. contingency measures, and other Street, 8th Floor, Boston, MA. planning SIPs related to attainment of FOR FURTHER INFORMATION CONTACT: Subpart B—Alabama the standard for as long as this area Brendan McCahill, EPA Region 1, (617) continues to meet the 1997 annual PM2.5 918–1652, or send an e-mail to ■ 2. Section 52.62 is amended by adding NAAQS. [email protected]. paragraph (b) to read as follows: [FR Doc. 2011–13269 Filed 5–27–11; 8:45 am] SUPPLEMENTARY INFORMATION: § 52.62 Control strategy: Sulfur oxides and BILLING CODE 6560–50–P I. Background: On June 30, 1982 EPA particulate matter. delegated authority to implement the * * * * * ENVIRONMENTAL PROTECTION Federal PSD program in 40 CFR 52.21 (b) Determination of Attaining Data. AGENCY to the MassDEP. On December 31, 2002, EPA has determined, as of May 31, EPA published in the Federal Register 2011, the Chattanooga, Tennessee, 40 CFR Part 52 revisions to the Federal PSD regulations nonattainment area has attaining data (67 FR 80186). A final rule revising the [A–1–FRL–9310–9] for the 1997 annual PM2.5 NAAQS. This Federal portions of implementation determination, in accordance with 40 Prevention of Significant Deterioration plans in 40 CFR part 52 to include the CFR 52.1004(c), suspends the (PSD) Program; Massachusetts; revisions to the Federal PSD regulations requirements for this area to submit an Announcing Delegation Agreement was published in the Federal Register attainment demonstration, associated Between EPA and Massachusetts on March 10, 2003. Both of these actions reasonably available control measures, a Department of Environmental were effective on March 3, 2003. reasonable further progress plan, Protection On February 27, 2003, the MassDEP contingency measures, and other notified the Regional Administrator of planning SIPs related to attainment of AGENCY: Environmental Protection EPA Region 1 that the MassDEP would the standard for as long as this area Agency (EPA). not accept authority for the

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implementation of the amended PSD the Commonwealth of Massachusetts, Air Pollution Control District program and was ending its June 30, and all inquiries regarding the (SBCAPCD) portion of the California 1982, agreement with EPA to assume implementation of 40 CFR 52.21 in the State Implementation Plan (SIP). This responsibility for implementing the Commonwealth, should be sent directly action was proposed in the Federal Federal PSD regulations. The letter from to the MassDEP at the following Register on August 2, 2010 and the MassDEP explained that the address: Massachusetts Department of concerns oxides of nitrogen (NOx) MassDEP would no longer implement Environmental Protection, One Winter emissions from boilers, steam generators the Federal PSD program as of March 3, Street, Boston, MA, 02108. In addition, and process heaters with a rated heat 2003. Consequently, as of March 3, the MassDEP will assume responsibility input rate greater than 2 million BTU/ 2003, sources of air pollution located in to administer and enforce all PSD hr and less than 5 million BTU/hr and Massachusetts and subject to the permits issued in Massachusetts, internal combustion engines with a Federal PSD program were required to including those PSD permits already rated brake horse power of 50 or greater. apply for and receive a PSD permit from issued by EPA. EPA retains authority to Under authority of the Clean Air Act as EPA New England before beginning issue and administer permits in certain amended in 1990 (CAA or the Act), this actual construction. limited areas of federal jurisdiction action simultaneously approves local On June 17, 2003, EPA published a defined in the delegation agreement, rules that regulates these emission Federal Register announcing the and also retains authority to issue a PSD sources and directs California to correct MassDEP’s decision to end its permit to Pioneer Valley Energy Center rule deficiencies. (PVEC) in Westfield, Massachusetts. delegation agreement with the EPA and DATES: Finally, EPA retains certain oversight Effective Date: This rule is explaining the consequences of this effective on June 30, 2011. decision for owners and operators of roles regarding federal requirements, sources that have PSD permits or that which are set forth in detail in the ADDRESSES: EPA has established docket will need such permits in the future (68 delegation agreement. number EPA–R09–OAR–2010–0418 for this action. The index to the docket is FR 35881). List of Subjects in 40 CFR Part 52 On April 4, 2011, the Commissioner available electronically at http:// Environmental protection, Air of the MassDEP signed a delegation www.regulations.gov and in hard copy pollution control, Carbon monoxide, agreement under which EPA would at EPA Region IX, 75 Hawthorne Street, Incorporation by reference, again delegate responsibility for San Francisco, California. While all Intergovernmental relations, Lead, conducting source review under the documents in the docket are listed in Nitrogen dioxide, Ozone, Particulate Federal PSD regulations to the the index, some information may be matter, Reporting and recordkeeping MassDEP. publicly available only at the hard copy requirements, Sulfur oxides, Volatile location (e.g., copyrighted material), and II. Final Action: On April 11, 2011, organic compounds. the Regional Administrator of EPA some may not be publicly available in Region 1 signed the delegation Dated: May 13, 2011. either location (e.g., CBI). To inspect the agreement, which is entitled Ira W. Leighton, hard copy materials, please schedule an ‘‘Agreement for Delegation of the Acting Regional Administrator, EPA New appointment during normal business Federal Prevention of Significant England. hours with the contact listed in the FOR Deterioration Program by the United [FR Doc. 2011–12950 Filed 5–27–11; 8:45 am] FURTHER INFORMATION CONTACT section. States Environmental Protection BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Agency, Region 1 to the Massachusetts Idalia Perez, EPA Region IX, (415) 942– Department of Environmental 3248, [email protected]. Protection,’’ and which sets forth the ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENTARY INFORMATION: terms and conditions according to Throughout this document, ‘‘we,’’ ‘‘us’’ which the MassDEP agrees to 40 CFR Part 52 and ‘‘our’’ refer to EPA. implement and enforce the Federal PSD program. The Regional Administrator’s [EPA–R09–OAR–2010–0418; FRL–9249–3] Table of Contents signature on the delegation agreement Revisions to the California State I. Proposed Action grants full delegation of the Federal PSD II. Public Comments and EPA Responses regulations at 40 CFR 52.21 to the Implementation Plan, Santa Barbara III. EPA Action MassDEP pursuant to the terms and County Air Pollution Control District IV. Statutory and Executive Order Reviews conditions of the delegation agreement, AGENCY: Environmental Protection I. Proposed Action 40 CFR 52.21(u), and the requirements Agency (EPA). of the Clean Air Act. ACTION: Final rule. On August 2, 2010 (75 FR 45082), Effective on April 11, 2011, all permit EPA proposed a limited approval and applications for new or modified major SUMMARY: EPA is finalizing a limited limited disapproval of the following sources and all other information approval and limited disapproval of rules that were submitted for pursuant to 40 CFR 52.21 for sources in revisions to the Santa Barbara County incorporation into the California SIP.

Local agency Rule No. Rule title Adopted Submitted

SBCAPCD ...... 361 Small Boilers, Steam Generators and Process 01/17/08 07/18/08 Heaters. SBCAPCD ...... 333 Control of Emissions from Reciprocating Internal 06/19/08 10/20/08 Combustion Engines.

We proposed a limited approval improve the SIP and are largely requirements. We simultaneously because we determined that these rules consistent with the relevant CAA proposed a limited disapproval because

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some rule provisions conflict with 110(k)(3) and 301(a) of the Act, EPA is Clean Air Act, preparation of flexibility section 110 and part D of the Act. These finalizing a limited approval of the analysis would constitute Federal provisions include the following: submitted rules. This action inquiry into the economic The following provisions in Rule 361 incorporates the submitted rules into reasonableness of State action. The conflict with section 110(a) the Act and the California SIP, including those Clean Air Act forbids EPA to base its prevent full approval of the SIP provisions identified as deficient. As actions concerning SIPs on such revision. authorized under section 110(k)(3), EPA grounds. Union Electric Co., v. U.S. 1. Section F.3 defines the length of the is simultaneously finalizing a limited EPA, 427 U.S. 246, 255–66 (1976); 42 startup and shutdown intervals as ‘‘not disapproval of the rule. If this U.S.C. 7410(a)(2). last[ing] longer than is necessary to disapproval is finalized, no sanctions D. Unfunded Mandates Reform Act reach stable temperatures and will be imposed under section 179 of conditions.’’ This leads to enforceability the Act because SBCAPCD is not Under sections 202 of the Unfunded concerns due to the lack of specificity required to have these rules in the Mandates Reform Act of 1995 of the duration of these periods. The applicable SIP. A final disapproval (‘‘Unfunded Mandates Act’’), signed duration of these periods should be would also not trigger the 2-year clock into law on March 22, 1995, EPA must further specified. for the federal implementation plan prepare a budgetary impact statement to 2. Section G.4 states that (FIP) requirement under section 110(c). accompany any proposed or final rule documentation of fuel sulfur content Note that the submitted rules have been that includes a Federal mandate that must be kept as a record. The type of adopted by the SBCAPCD, and EPA’s may result in estimated costs to State, documentation required should be final limited disapproval does not local, or tribal governments in the specified in the rule. prevent the local agency from enforcing aggregate; or to the private sector, of The following provisions in Rule 333 it. $100 million or more. Under section conflict with section 110(a) the Act and 205, EPA must select the most cost- IV. Statutory and Executive Order prevent full approval of the SIP effective and least burdensome Reviews revision. alternative that achieves the objectives 1. Rule 333 includes various A. Executive Order 12866, Regulatory of the rule and is consistent with provisions allowing for APCO discretion Planning and Review statutory requirements. Section 203 requires EPA to establish a plan for without having explicit and replicable The Office of Management and Budget informing and advising any small procedures that define how the (OMB) has exempted this regulatory governments that may be significantly discretion will be exercised to assure action from Executive Order 12866, emission reductions. or uniquely impacted by the rule. entitled ‘‘Regulatory Planning and EPA has determined that the limited 2. Section F.3 indicates that portable Review.’’ analyzer reading in excess of the approval/limited disapproval action emission limits triggers another reading B. Paperwork Reduction Act promulgated does not include a Federal in 15 days and monthly readings for 3 This action does not impose an mandate that may result in estimated months. These high portable analyzers information collection burden under the costs of $100 million or more to either readings should instead trigger a source provisions of the Paperwork Reduction State, local, or tribal governments in the test within 60 days of the excess Act, 44 U.S.C. 3501 et seq. Burden is aggregate, or to the private sector. This emission reading. defined at 5 CFR 1320.3(b). Federal action approves pre-existing 3. Section I.1 indicates that source requirements under State or local law, tests shall be performed at the engine’s C. Regulatory Flexibility Act and imposes no new requirements. maximum load or under the engines’ The Regulatory Flexibility Act (RFA) Accordingly, no additional costs to typical duty cycle as demonstrated by generally requires an agency to conduct State, local, or tribal governments, or to historical operation data. This should be a regulatory flexibility analysis of any the private sector, result from this constrained to the engine’s maximum rule subject to notice and comment action. load or conditions specified in the rulemaking requirements unless the E. Executive Order 13132, Federalism Permit to Operate. The option for testing agency certifies that the rule will not Federalism (64 FR 43255, August 10, at the engine’s typical duty cycle should have a significant economic impact on 1999) revokes and replaces Executive be further defined and justified. a substantial number of small entities. Small entities include small businesses, Orders 12612 (Federalism) and 12875 EPA Recommendations To Further small not-for-profit enterprises, and (Enhancing the Intergovernmental Improve the Rule small governmental jurisdictions. Partnership). Executive Order 13132 The TSDs describe additional rule This rule will not have a significant requires EPA to develop an accountable revisions that we recommend for the impact on a substantial number of small process to ensure ‘‘meaningful and next time the local agency modifies the entities because SIP approvals and timely input by State and local officials rules but that are not the basis for limited approvals/limited disapprovals in the development of regulatory disapproval at this time. under section 110 and subchapter I, part policies that have federalism D of the Clean Air Act do not create any implications.’’ ‘‘Policies that have II. Public Comments and EPA new requirements but simply approve federalism implications’’ is defined in Responses requirements that the State is already the Executive Order to include EPA’s proposed action provided a 30- imposing. Therefore, because this regulations that have ‘‘substantial direct day public comment period. During this limited approval/limited disapproval effects on the States, on the relationship period, we received no comments. action does not create any new between the national government and requirements, I certify that this action the States, or on the distribution of III. EPA Action will not have a significant economic power and responsibilities among the No comments were submitted that impact on a substantial number of small various levels of government.’’ Under change our assessment of the rules as entities. Executive Order 13132, EPA may not described in our proposed action. Moreover, due to the nature of the issue a regulation that has federalism Therefore, as authorized in sections Federal-State relationship under the implications, that imposes substantial

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direct compliance costs, and that is not H. Executive Order 13211, Actions That the Federal Register. A major rule required by statute, unless the Federal Significantly Affect Energy Supply, cannot take effect until 60 days after it government provides the funds Distribution, or Use is published in the Federal Register. necessary to pay the direct compliance This rule is not subject to Executive This action is not a ‘‘major rule’’ as costs incurred by State and local Order 13211, ‘‘Actions Concerning defined by 5 U.S.C. 804(2). This rule governments, or EPA consults with Regulations That Significantly Affect will be effective on June 30, 2011. State and local officials early in the Energy Supply, Distribution, or Use’’ (66 L. Petitions for Judicial Review process of developing the proposed FR 28355, May 22, 2001) because it is regulation. EPA also may not issue a not a significant regulatory action under Under section 307(b)(1) of the Clean regulation that has federalism Executive Order 12866. Air Act, petitions for judicial review of implications and that preempts State this action must be filed in the United law unless the Agency consults with I. National Technology Transfer and States Court of Appeals for the State and local officials early in the Advancement Act appropriate circuit by August 1, 2011. process of developing the proposed Section 12 of the National Technology Filing a petition for reconsideration by regulation. Transfer and Advancement Act the Administrator of this final rule does This rule will not have substantial (NTTAA) of 1995 requires Federal not affect the finality of this rule for the direct effects on the States, on the agencies to evaluate existing technical purposes of judicial review nor does it relationship between the national standards when developing a new extend the time within which a petition government and the States, or on the regulation. To comply with NTTAA, for judicial review may be filed, and distribution of power and EPA must consider and use ‘‘voluntary shall not postpone the effectiveness of responsibilities among the various consensus standards’’ (VCS) if available such rule or action. This action may not levels of government, as specified in and applicable when developing be challenged later in proceedings to Executive Order 13132, because it programs and policies unless doing so enforce its requirements (see section merely approves a State rule would be inconsistent with applicable 307(b)(2)). law or otherwise impractical. implementing a Federal standard, and List of Subjects in 40 CFR Part 52 does not alter the relationship or the The EPA believes that VCS are distribution of power and inapplicable to this action. Today’s Environmental protection, Air responsibilities established in the Clean action does not require the public to pollution control, Incorporation by Air Act. Thus, the requirements of perform activities conducive to the use reference, Intergovernmental relations, section 6 of the Executive Order do not of VCS. Nitrogen dioxide, Ozone, Reporting and apply to this rule. J. Executive Order 12898: Federal recordkeeping requirements, Volatile organic compounds. F. Executive Order 13175, Coordination Actions To Address Environmental With Indian Tribal Governments Justice in Minority Populations and Dated: December 14, 2010. Low-Income Populations Jared Blumenfeld, Executive Order 13175, entitled Executive Order 12898 (59 FR 7629 Regional Administrator, Region IX. ‘‘Consultation and Coordination with (Feb. 16, 1994)) establishes federal Part 52, Chapter I, Title 40 of the Code Indian Tribal Governments’’ (65 FR executive policy on environmental of Federal Regulations is amended as 67249, November 9, 2000), requires EPA justice. Its main provision directs follows: to develop an accountable process to federal agencies, to the greatest extent ensure ‘‘meaningful and timely input by practicable and permitted by law, to PART 52—[AMENDED] tribal officials in the development of make environmental justice part of their regulatory policies that have tribal mission by identifying and addressing, ■ implications.’’ This final rule does not 1. The authority citation for Part 52 as appropriate, disproportionately high continues to read as follows: have tribal implications, as specified in and adverse human health or Executive Order 13175. It will not have environmental effects of their programs, Authority: 42 U.S.C. 7401 et seq. substantial direct effects on tribal policies, and activities on minority Subpart F—California governments, on the relationship populations and low-income between the Federal government and populations in the United States. ■ 2. Section 52.220 is amended by Indian tribes, or on the distribution of EPA lacks the discretionary authority adding paragraphs (c)(359)(i)(E) and power and responsibilities between the to address environmental justice in this (361)(i)(A)(2) to read as follows: Federal government and Indian tribes. rulemaking. Thus, Executive Order 13175 does not § 52.220 Identification of plan. apply to this rule. K. Congressional Review Act * * * * * The Congressional Review Act, 5 G. Executive Order 13045, Protection of U.S.C. 801 et seq., as added by the Small (c) * * * Children From Environmental Health Business Regulatory Enforcement (359) * * * Risks and Safety Risks Fairness Act of 1996, generally provides (i) * * * EPA interprets Executive Order 13045 that before a rule may take effect, the (E) Santa Barbara County Air (62 FR 19885, April 23, 1997) as agency promulgating the rule must Pollution Control District. applying only to those regulatory submit a rule report, which includes a (1) Rule 361, ‘‘Small Boilers, Steam actions that concern health or safety copy of the rule, to each House of the Generators and Process Heaters,’’ risks, such that the analysis required Congress and to the Comptroller General adopted on January 17, 2008. under section 5–501 of the Executive of the United States. EPA will submit a * * * * * Order has the potential to influence the report containing this rule and other regulation. This rule is not subject to required information to the U.S. Senate, (c) * * * Executive Order 13045, because it the U.S. House of Representatives, and (361) * * * approves a State rule implementing a the Comptroller General of the United (i) * * * Federal standard. States prior to publication of the rule in (A) * * *

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(2) Rule 333, ‘‘Control of Emissions DATES: Effective Date: This rule will be Implementation Plans; Extension of from Reciprocating Internal Combustion effective June 30, 2011. Attainment Date for the Charlotte- Engines,’’ adopted on June 19, 2008. ADDRESSES: EPA has established a Gastonia-Rock Hill, North Carolina- * * * * * docket for this action under Docket South Carolina 1997 8-Hour Ozone [FR Doc. 2011–13273 Filed 5–27–11; 8:45 am] Identification No. EPA–R04–OAR– Moderate Nonattainment Area,’’ 75 FR BILLING CODE 6560–50–P 2010–0504. All documents in the docket 46881 (August 4, 2010). The comment are listed on the http:// period for EPA’s proposed action closed www.regulations.gov Web site. Although on September 3, 2010. EPA received ENVIRONMENTAL PROTECTION listed in the index, some information is three sets of comments on the August 4, AGENCY not publicly available, i.e., Confidential 2010, proposed rulemaking which are Business Information or other discussed later in this rulemaking. This 40 CFR Part 81 information whose disclosure is section includes a brief summary of the [EPA–R04–OAR–2010–0504–201052; FRL– restricted by statute. Certain other information and rationale for EPA’s 9312–9] material, such as copyrighted material, proposed approval of the bi-state is not placed on the Internet and will be Charlotte Area’s one-year extension. Approval and Promulgation of publicly available only in hard copy Section 181(b)(2)(A) requires the Implementation Plans; Extension of form. Publicly available docket Administrator, within six months of the Attainment Date for the Charlotte- materials are available either attainment date, to determine whether Gastonia-Rock Hill, North Carolina- electronically through http:// an ozone nonattainment area attained South Carolina 1997 8-Hour Ozone www.regulations.gov or in hard copy at the NAAQS. CAA section 181(b)(2)(A) Moderate Nonattainment Area the Regulatory Development Section, states that, for areas classified as marginal, moderate, or serious, if the AGENCY: Environmental Protection Air Planning Branch, Air, Pesticides and Administrator determines that the area Agency (EPA). Toxics Management Division, U.S. did not attain the standard by its ACTION: Final rule. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., attainment date, the area must be SUMMARY: EPA is taking final action to Atlanta, Georgia 30303–8960. EPA reclassified to the next classification. approve requests from the State of North requests that if at all possible, you However, CAA section 181(a)(5) Carolina, through the North Carolina contact the person listed in the FOR provides an exemption from these Department of Environment and Natural FURTHER INFORMATION CONTACT section to reclassification requirements. Under Resources (NC DENR), and the State of schedule your inspection. The Regional this provision, EPA may grant up to two South Carolina, through the South Office’s official hours of business are one-year extensions of the attainment Carolina Department of Health and Monday through Friday, 8:30 to 4:30, date under specified conditions. Environmental Control (SC DHEC), to excluding Federal holidays. Specifically, in relevant part, section 181(a)(5) states: grant a one-year extension of the FOR FURTHER INFORMATION CONTACT: For Upon application by any State, the attainment date for the 1997 8-hour information regarding the 1997 8-hour Administrator may extend for 1 ozone national ambient air quality ozone NAAQS, contact Ms. Jane Spann, additional year (hereinafter referred to standards (NAAQS) for the Charlotte- Regulatory Development Section, Air as the ‘‘Extension Year’’) the date Gastonia-Rock Hill, North Carolina- Planning Branch, Air, Pesticides and specified in table 1 of paragraph (1) of South Carolina Area (hereafter referred Toxics Management Division, U.S. this subsection if— to as the ‘‘bi-state Charlotte Area’’ or Environmental Protection Agency, (A) The State has complied with all ‘‘Metrolina Area’’). These requests were Region 4, 61 Forsyth Street, SW., requirements and commitments sent to EPA via letter from NC DENR on Atlanta, Georgia 30303–8960. The pertaining to the area in the applicable April 28, 2010, and from SC DHEC on telephone number for Ms. Spann is implementation plan, and May 6, 2010. The bi-state Charlotte Area (404) 562–9029. Ms. Spann can also be (B) no more than 1 exceedance of the consists of Cabarrus, Gaston, Lincoln, reached via electronic mail at national ambient air quality standard Mecklenburg, Rowan, Union and a [email protected]. For information level for ozone has occurred in the area portion of Iredell County (Davidson and regarding the North Carolina or South in the year preceding the Extension Coddle Creek Townships), North Carolina SIPs, contact Mr. Zuri Year. Carolina; and a portion of York County, Farngalo, Regulatory Development South Carolina. EPA is finalizing a Section, at the same address above. The With regard to the first element, determination that North Carolina and telephone number for Mr. Farngalo is ‘‘applicable implementation plan’’ is South Carolina have met the Clean Air (404) 562–9152. Mr. Farngalo can also defined in section 302(q) of the CAA as, Act (CAA or Act) requirements to obtain be reached via electronic mail at the portion (or portions) of the a one-year extension to their attainment [email protected]. implementation plan, or most recent date for the 1997 8-hour ozone NAAQS revision thereof, which has been for the bi-state Charlotte Area. As a SUPPLEMENTARY INFORMATION: approved under section 110, or result, EPA is approving a one-year Table of Contents promulgated under section 110(c), or extension of the 1997 8-hour ozone promulgated or approved pursuant to I. Background moderate attainment date for the bi-state regulations promulgated under section II. This Action 301(d) and which implements the Charlotte Area. Specifically, EPA III. Comments and Responses (through this final action) is extending IV. Final Action relevant requirements of the CAA. the bi-state Charlotte Area’s attainment V. Statutory and Executive Order Reviews The language in section 181(a)(5)(B) date from June 15, 2010, to June 15, reflects the form of the 1-hour ozone 2011. EPA is also addressing adverse I. Background NAAQS, which is exceedance based and comments received on EPA’s proposal Detailed background information and does not reflect the 1997 8-hour ozone to grant the one-year extension for the rationale for this final action can be NAAQS, which is concentration based. bi-state Charlotte 1997 8-hour ozone found in EPA’s proposed rule entitled Because section 181(a)(5)(B) does not nonattainment area. ‘‘Approval and Promulgation of reflect the form of the 8-hour NAAQS,

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EPA promulgated a regulation 50, Appendix I. These data are recorded is a summary of the comments and interpreting this provision in a manner in the EPA Air Quality System database. EPA’s response. consistent with Congressional intent but These data are complete, quality- Comment 1: The Commenter requests reflecting the form of the 1997 8-hour assured, quality-controlled, and clarification on why the attainment date NAAQS. See 40 CFR 51.907. This certified ambient air monitoring data for for the bi-state Charlotte Area needs an regulation provides that an area will be 2009. On the basis of that review, EPA extension and on what grounds is the eligible for the first of the one-year has concluded that for the attainment extension being granted. extensions under the 1997 8-hour year ozone season of 2009, the bi-state Response 1: Effective June 15, 2004, NAAQS if, for the attainment year, the Charlotte Area’s 4th highest daily 8- EPA designated the bi-state Charlotte area’s 4th highest daily 8-hour average hour average concentration was 0.071 Area as nonattainment for the 1997 8- is 0.084 parts per million (ppm) or less. ppm, which is below 0.084 ppm. As hour ozone NAAQS. Along with this The area will be eligible for the second provided in CAA section 181(a)(5) and nonattainment designation, EPA extension if the area’s 4th highest daily 40 CFR 51.907, this final action extends, classified the bi-state Charlotte Area as 8-hour value averaged over both the by one year, the deadline by which the a ‘‘moderate’’ ozone nonattainment area original attainment year and the first bi-state Charlotte Area must attain the based on the level of the three year extension year is 0.084 ppm or less. No 1997 8-hour ozone NAAQS. It also design value for the area at the time of more than two one-year extensions may extends the timeframe by which EPA EPA’s designations. In accordance with be issued for a single nonattainment must make an attainment determination the section 181 of the CAA, ‘‘moderate’’ area. for the bi-state Charlotte Area. areas are required to attain the ozone In summary, EPA interprets the CAA NAAQS ‘‘as expeditiously as As described in section 181(a)(5) of and implementing regulations to allow practicable,’’ but no later than 6 years the CAA, areas may qualify for up to the granting of a one-year extension after EPA’s nonattainment designation. two one-year extensions. EPA notes that under the following minimum This means that the bi-state Charlotte this final action only relates to the conditions: (1) The State requests a one- Area was required to attain the 1997 8- initial one-year extension. The bi-state year extension; (2) all requirements and hour ozone NAAQS by June 15, 2010 commitments in the EPA-approved SIP Charlotte Area will be eligible for the (based on monitoring data from the 2007 for the area have been complied with; second extension if the bi-state through 2009 ozone seasons). In section and (3) the area has a 4th highest daily Charlotte Area’s 4th highest daily 8- 181(a)(5) of the CAA, Congress allows 8-hour average of 0.084 ppm or less for hour value averaged over both the EPA to consider extension of the the attainment year (or an area’s 4th original attainment year and the first attainment dates for ozone areas highest daily 8-hour value averaged over extension year is 0.084 ppm or less and provided the area meets the both the original attainment year and the continues to comply with all requirements for such extensions. See the first extension year is 0.084 ppm or requirements and commitments EPA’s August 4, 2010, proposed less, if a second one-year extension is pertaining to the bi-state Charlotte Area rulemaking at 75 FR 46881 for the requested). Because the bi-state in the applicable implementation plan. Charlotte Area’s attainment date was detailed rationale for approval of the bi- Any analysis of whether the bi-state state Charlotte Area’s attainment date June 15, 2010, the ‘‘attainment year’’ Charlotte Area qualifies for the second used for this purpose is the 2009 ozone extension, and the ‘‘Background’’ extension would be based on data from section of this rulemaking for more season. See 40 CFR 51.900(g). The North both the 2009 and 2010 ozone seasons. Carolina and South Carolina ozone detail on the section 181(a)(5) If requested at a future date, EPA will requirements. EPA has made the seasons run from April 1 to October 31 make a determination of the of any given year. determination that both North Carolina appropriateness of a second one-year and South Carolina meet the II. This Action extension for the bi-state Charlotte Area requirements of section 181(a)(5) (as for the 1997 8-hour ozone NAAQS in a EPA has determined that North interpreted in 40 CFR 51.907) for the bi- separate rulemaking. Carolina and South Carolina have met state Charlotte Area for the 1997 8-hour the CAA requirements to obtain a one- III. Comments and Responses ozone NAAQS, and as such EPA is year extension of the June 2010 granting an extension of the 1997 8-hour attainment date for the 1997 8-hour EPA received one set of adverse ozone attainment date from June 15, ozone NAAQS for the bi-state Charlotte comments 1 and two requests for 2010, to June 15, 2011. Area. As a result, EPA is taking final additional information for its proposal Comment 2: The Commenter requests action to extend the bi-state Charlotte to approve the requests from North that EPA incorporate by reference Area’s attainment date from June 15, Carolina and South Carolina to extend comments previously provided for the 2010, to June 15, 2011, for the 1997 8- the attainment date for the bi-state attainment demonstrations for the bi- hour ozone NAAQS. Specifically, EPA Charlotte Area for the 1997 8-hour state Charlotte Area. Specifically, the has determined that North Carolina and ozone NAAQS from June 15, 2010, to Commenter states ‘‘[t]hese comments South Carolina are in compliance with June 15, 2011. The comments, received incorporate by reference SELC’s June 10, the requirements and commitments by September 3, 2010, were from the 2010 and May 19, 2010 comments to the associated with the EPA-approved Southern Environmental Law Center agency on the North Carolina and South implementation plans, and that the 4th (SELC) on behalf of Clean Air Carolina Carolina 8-hour ozone attainment highest daily concentration for 2009 for and from two citizens (hereinafter demonstration plan submission, and the bi-state Charlotte Area is below the referred to as ‘‘the Commenter’’). Below SELC’s March 29, 2010, March 22, 2010, 1997 8-hour ozone NAAQS. EPA has December 17, 2009, November 13, 2003, reviewed the 1997 8-hour ozone 1 The full text of the comments is available in the and October 26, 2009, submissions to NAAQS ambient air quality monitoring Docket for this action. Electronic docket the North Carolina Division of Air data for the bi-state Charlotte Area, and information can be found in the ‘‘Addresses’’ Quality (‘NCDAQ’) and the South portion of this notice. The comments are has determined that these data are summarized in this Federal Register document; Carolina Bureau of Air Quality, all of consistent with the ozone monitoring however, EPA considered all the comments which have been previously submitted requirements contained in 40 CFR part expressed in the letters. to EPA.’’

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Response 2: EPA’s August 4, 2010, Air Act’s statutory scheme and its despite modeling and monitoring data proposed action relates to the States’ emphasis on attainment deadlines. EPA to the contrary. The proposed extension requests for a one-year extension of the should require North and South signifies a de facto approval of these attainment date for the 1997 8-hour Carolina officials to comply with the plans and introduces a relaxed post hoc ozone NAAQS for the bi-state Charlotte Act and prepare a SIP revision standard, which would be contrary to Area, and does not relate to the consistent with the Metrolina area’s the requirements of the Act and which approvability of the attainment legally required bump-up to ‘serious’ would encourage states to take a ‘wait- demonstrations submitted by North status.’’ and-see’ approach to SIP control Carolina and South Carolina for the bi- Response 3: EPA disagrees with the strategies.’’ state Charlotte Area. There are separate Commenter’s assertions and conclusion Response 4: EPA does not agree with requirements regarding requests for that the Act requires the Agency to the Commenter’s assertion that EPA attainment date extensions (relevant to reclassify the bi-state Charlotte Area to lacks the authority to grant the requests this final action and described in ‘‘serious’’ for the 1997 8-hour ozone from North Carolina and South Carolina ‘‘Background’’ sections of EPA’s August NAAQS ‘‘[i]n the wake of the missed for an extension of the bi-state Charlotte 4, 2010, proposed rulemaking and this deadline * * *’’ Congress contemplated Area’s 1997 8-hour ozone attainment final rulemaking) and approval of the potential for areas to miss the date. In EPA’s August 4, 2010, proposed attainment demonstrations. EPA held a attainment date deadlines in the CAA rulemaking, EPA explained that section public comment period from August 4, and allows for extensions of the 181(a)(5) of the CAA is what EPA must 2010, through September 3, 2010, to attainment date deadline so long as consider when contemplating a state’s areas meet the requirements of section provide the public with opportunity to request for a one-year extension to an 181(a)(5). EPA’s analysis indicates that specifically comment on the proposed ozone attainment date. The Commenter both North Carolina and South Carolina approval of the attainment date appears to question whether North have met the requirements of section extension for the bi-state Charlotte Area Carolina and South Carolina meet the 181(a)(5) of the CAA (as interpreted by for the 1997 8-hour ozone NAAQS. The requirements of section 181(a)(5)(A) 40 CFR 51.907) for the initial one-year Commenter provided a detailed letter which states ‘‘the State has complied extension of the 1997 8-hour ozone with their comments in opposition to with all requirements and commitments EPA’s proposed action to extend the bi- moderate area attainment date for the bi- pertaining to the area in the applicable state Charlotte Area’s attainment date to state Charlotte Area, and thus the Act implementation plan * * *’’ As noted which EPA is responding in this final does not require EPA to reclassify the in EPA’s August 4, 2010, proposed rulemaking. Although the Commenter bi-state Charlotte Area to ‘‘serious’’ rulemaking, the ‘‘applicable suggests that EPA should incorporate by status. Additionally, given that EPA has implementation plan’’ is defined by the reference comments previously determined that the bi-state Charlotte CAA in section 302(q) as ‘‘the portion submitted to North Carolina and South Area qualifies for the one-year extension (or portions) of the implementation Carolina during their state public for the moderate ozone classification, plan, or most revision thereof, which comment periods for their attainment the bi-state Charlotte Area is not subject has been approved under section 7410 demonstrations and reasonable further to being ‘‘bumped-up’’ and thus is not of this title, or promulgated under progress plans, and to EPA during a subject to the planning requirements section 7410(c) of this title, or public comment period on the that would be triggered by a bump-up. promulgated or approved pursuant to attainment demonstration for the bi- Comment 4: The Commenter states regulations promulgated under section state Charlotte Area,2 the Commenter ‘‘[t]he deadline for meeting the 1997 7601(d) of this title and which does not identify and EPA did not ozone standard was June 15, 2010, and implements the relevant requirements of identify anything in those comments there is still no Federally approved State this chapter.’’ [Emphasis added].Thus, that are relevant to the analysis of Implementation Plan (‘SIP’) for meeting the ‘‘compliance’’ that is relevant to whether the bi-state Charlotte Area is that standard. As a result, EPA lacks evaluating the States’ eligibility for an eligible for the first attainment date authority to grant the proposed attainment date extension under section extension provided under CAA section extension, and the Metrolina area 181(a)(5) is solely with those 181(a)(5) and 40 CFR 51.907. should instead be reclassified to requirements and commitments that Comment 3: The Commenter asserts ‘serious’ nonattainment status, have been approved into the existing several times throughout the comment triggering the development of a new SIP—not with those which may yet be letter that EPA should reclassify the bi- plan with additional control strategies. approved. EPA has made an state Charlotte Area to ‘‘serious’’ for the As we explained in our previous independent assessment of whether 1997 8-hour ozone NAAQS. comments, the Clean Air Act allows North Carolina and South Carolina are Specifically, the Commenter states EPA to grant extensions only when a in compliance with all the requirements ‘‘EPA should instead reclassify the area state has complied with all the and commitments pertaining to the bi- to ‘serious’ nonattainment status * * *’’ requirements of the approved SIP for an state Charlotte Area in the applicable and ‘‘[i]n the wake of the missed area. The States have no approved SIP implementation plan, as defined by deadline, the Act now requires for meeting the ozone NAAQS in this section 302(q), and the Agency has reclassification of the Metrolina area to area. As indicated in the notice, both made the determination that both states ‘serious’ status.’’ The Commenter goes states have provided ‘necessary SIP are in compliance. EPA also notes that on to conclude that ‘‘[t]he proposed [State Implementation Plan] submittals,’ originally, North Carolina and South extension is inconsistent with the Clean intended to meet ‘outstanding requirements related to the 1997 8-hour Carolina submitted attainment demonstrations for the bi-Charlotte Area 2 The Commenter submitted comments during ozone attainment demonstration for the EPA’s public comment period for review of the bi-state Charlotte area.’ But these plan for the 1997 8-hour ozone NAAQS on adequacy of the motor vehicle emissions budgets submissions were not made until after June 15, 2007, and August 31, 2007, for the attainment demonstrations for the bi-state the conclusion of the 2009 ozone respectively. Subsequently, both states Charlotte Area as provided by North Carolina and withdrew their original attainment South Carolina. EPA has a separate process from season, and therefore could only today’s rulemaking to consider comments received purport to demonstrate attainment of demonstrations but later submitted during EPA’s Adequacy public comment period. the 1997 ozone NAAQS, retroactively, these attainment demonstrations with

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updated and supplemental information. areas to reach attainment. Delaying the attainment of the national ambient air EPA disagrees that this final action is a decision by one year will allow the quality standards.’ Id. § 7502(c)(1). In de facto approval of these plans. These Charlotte area to continue building other words, to qualify for an extension, plans are still pending before EPA. The roads. Is not mobile sources the largest a state must comply with its federally Commenter also mentions that EPA’s contributor to ozone formation in the approved SIP, which among other final action to approve the extension of Charlotte area?’’ requirements, must demonstrate the attainment date for the bi-state Response 5: EPA agrees with the attainment.’’ Charlotte Area introduces a relaxed post Commenters that the unusually hot Response 6: EPA agrees with the hoc standard, which would be contrary summer of 2010 resulted in more Commenter’s citation to 42 U.S.C. to the requirements of the Act and exceedances of the ozone NAAQS at the 7511(a)(5)(A)[section 181(a)(5)(A)], and which would encourage states to take a monitors within the bi-state Charlotte to 42 U.S.C. 7602(q) [section 302(q)] as ‘‘wait-and-see’’ approach to SIP control Area. However, based on EPA’s the relevant provisions of the CAA to strategies. EPA disagrees. If EPA preliminary evaluation of the data, the consider. Additionally, EPA agrees with determines that a state has not bi-state Charlotte Area appears to still be the Commenter’s emphasis on ‘‘which submitted a required nonattainment monitoring attainment for the 1997 has been approved’’ of the Act’s area SIP, mandatory sanctions are ozone NAAQS. Additionally, EPA’s definition for the term ‘‘applicable imposed 18 and 24 months after such a preliminary evaluation indicates that implementation plan.’’ It is the finding and EPA is required to the bi-state Charlotte Area could be emphasis on ‘‘which has been promulgate a Federal implementation eligible for the second extension of the approved’’ that EPA relied on to make plan within two years. The CAA attainment date, if requested. the determination that North Carolina provides appropriate incentives to Regardless, air quality data for the 2010 and South Carolina are meeting the ensure that states do not take a ‘‘wait ozone season is not relevant to the issue requirements of 181(a)(5)(A). However, and see’’ approach for attainment of the of whether the bi-state Charlotte Area EPA does not agree with the NAAQS. When North Carolina and qualifies for the first one-year extension Commenter’s apparent broadening of South Carolina withdrew their original of its attainment date as provided under the definition of ‘‘applicable attainment demonstrations for the bi- CAA section 181(a)(5) and 40 CFR implementation plan’’ to mean that EPA state Charlotte Area (which were 51.907. EPA notes that nonattainment must consider plans which have not yet provided in 2007), EPA issued a finding areas are allowed to build roads and are been approved. The CAA is of failure to submit. See 74 FR 21550 subject to requirements to demonstrate unambiguous on the requirements for (May 8, 2009). The submissions that that these activities will not interfere EPA to grant an extension and on what both North Carolina and South Carolina with air quality goals. EPA’s granting of EPA should consider as the ‘‘applicable provided in 2009 were provided in the one-year extension to the attainment implementation plan,’’ and based on response to EPA’s finding of failure to date will not relieve the bi-state those requirements, EPA has submit. Charlotte Area of continuing to make determined that both North Carolina the demonstration that transportation and South Carolina qualify for an Comment 5: One Commenter states planning activities will not interfere extension of the attainment date for the ‘‘[t]he Metrolina area’s ozone problem is with air quality goals. 1997 8-hour ozone NAAQS for the bi- chronic and significant.’’ Additionally, Comment 6: The Commenter states state Charlotte Area. the Commenter cites the American Lung ‘‘EPA may only extend the Comment 7: The Commenter notes Association 2010 State of the Air Report nonattainment deadline for an area that that both North Carolina and South and mentions that the report ranks has not met the NAAQS if ‘the State has Carolina submitted attainment Charlotte as the 10th most polluted city complied with all requirements and demonstrations for the bi-state Charlotte in the country for ozone. The commitments pertaining to the area in Area in 2007, but later withdrew these Commenter goes on to state that ‘‘[i]n the applicable implementation plan.’ 42 submissions after EPA sent a letter to contrast to the anomalous 2009 ozone U.S.C. § 7511(a)(5)(A). The Act defines both States with a recommendation that season, pollution levels during the first ‘the term ‘‘applicable implementation North Carolina and South Carolina part of the 2010 summer have continued plan’ ’’ as ‘the portion (or portions) of request a voluntary reclassification of to exceed the 1997 standard of 84 ppb the implementation plan, or most recent the bi-state Charlotte Area to ‘‘serious’’ [parts per billion][or 0.084 ppm], with revision thereof, which has been status for the 1997 8-hour ozone the ‘County Line’ monitor registering as approved under section 110 of this title.’ NAAQS. Additionally, the Commenter high as 96 ppb [or 0.096 ppm], and the Id. § 7602(q). [Emphasis added] Section notes that in EPA’s letter, the Agency Metrolina monitors recording 30 110, in turn, provides that ‘[e]ach State states ‘‘if we are required to take exceedances of the 2008 standard (75 shall * * * adopt and submit to the rulemaking action on the SIP, we see no ppb [or 0.075 ppm]) as of August 28, Administrator, within 3 years *** alternative to proposing disapproval of 2010. Air quality planning should do as after promulgation of a [NAAQS] (or the SIP’s attainment demonstration.’’ much as possible to protect citizens’ any revision thereof) under section 109 The Commenter goes on to state that health in nonattainment areas, and at [42 § USCS 7409] for any air pollutant, ‘‘[c]learly, the States submitted ‘a plan’ the very least, the region must comply a plan which provides for as contemplated by the extension with express Clean Air Act implementation, maintenance, an provision, but it was not an approvable Requirements.’’ Another Commenter enforcement of such primary standard plan, and therefore, not a plan that states ‘‘[t]he 2010 ozone season clearly in each air quality control region * * * would provide a basis for a future shows that the current control methods within such State,’ Id. § 7410(a)(1). extension request. Indeed, rather than to obtain attainment for the 1997 Section 110 goes on to prescribe that demonstrate attainment, the modeling standard for the Charlotte region are not ‘each such plan shall * * * meet the in the submissions actually predicted effective. The 2009 ozone season had applicable requirements of Part D of this that the area would fail to meet the favorable weather conditions. This subchapter (relating to nonattainment standard by the deadline. After alone allowed for the low ozone areas).’ Id. § 7410(a)(1). Among the signaling its intent to disapprove the numbers. The intent of Congress, applicable requirements of Part D, ‘plan submissions, however, EPA allowed the through the CAA, is for non-attainment provisions * * * shall provide for States to ‘‘withdraw’’ their plans, an

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action that is not authorized under the never been federally approved, and thus oxide (NOx) SIP Call rule which was Clean Air Act, which contravenes EPA’s have not be made federally enforceable, predicted to reduce summertime NOx obligation to take action on a plan see 42 U.S.C. § 7413, and they therefore emissions from power plants and other submission, and ‘approve or disapprove do not meet the definition of ‘applicable industries by sixty-eight percent; and (3) it, either in whole or in part.’ ’’ implementation plan.’ ’’ North Carolina’s Clean Smokestack Act Response 7: These comments are not Response 8: As provided in previous which required coal-fired power plants relevant to this rulemaking. The issues responses, EPA disagrees with the in North Carolina to reduce annual NOx raised concern whether attainment Commenter’s premise that the emissions by seventy-seven percent by demonstrations submitted in 2007 attainment demonstration submissions 2009, and to reduce annual sulfur adequately demonstrated whether the are required to be approved in order for dioxide emissions by forty-nine percent bi-state Charlotte Area would attain the EPA to grant the request from North by 2009 and seventy-three percent by 1997 ozone NAAQS by June 2010 and Carolina and South Carolina for a one- 2013. Additionally, EPA disagrees with they do not address whether the bi-state year extension to the attainment date for the Commenter’s statement that an Charlotte Area qualifies for an the 1997 8-hour ozone NAAQS. ‘‘approved SIP’’ does not exist for the bi- attainment date extension. EPA notes, Comment 9: The Commenter states state Charlotte Area. As noted in EPA’s however, that we disagree with the that ‘‘EPA’s Federal Register notice proposed rulemaking, the ‘‘applicable Commenter’s assertion that States are appears to indicate that the States ‘are implementation plan’’ is defined by the not authorized under the CAA to meeting their federally-approved CAA in section 302(q) as the portion (or withdraw submitted SIPs. The CAA implementation plans’ by virtue of portions) of the implementation plan, or does not directly address this issue; adequate monitoring alone. 75 Fed. Reg. most recent revision thereof, which has however, EPA can see no reasonable 46881, 46883.’’ Further, the Commenter been approved under section 110, or interpretation that the Act prohibits a mentions that ‘‘EPA guidance promulgated under section 110(c), or state from withdrawing a submitted documents direct states requesting an promulgated or approved pursuant to plan prior to EPA final action. The CAA extension under 42 U.S.C. § 7511(a)(5) regulations promulgated under section provides states with a choice whether to to both certify compliance with the 301(d) and which implements the submit plans and to take the lead in approved SIP for the current relevant requirements of the CAA. regulating sources for purposes of classification, and to document the Lastly, EPA disagrees with the attainment and maintenance of the preparations being taken to address the Commenter’s statement indicating that NAAQS. Consistent with that overall ‘consequences of eventually not the States did not provide the necessary paradigm, states can choose to withdraw attaining the NAAQS,’ including certification regarding compliance with submitted SIPs at any time prior to EPA meeting new requirements that take their approved SIPs. On April 28, 2010, final action, which establishes those effect upon reclassification of the area.’’ NC DENR stated in a letter to EPA, that The Commenter concludes this point by requirements under Federal law. Once it ‘‘certifies that the state has complied stating ‘‘[t]he States’ extension requests, the plan is approved and made with all requirements and commitments however, neither explain how they have Federally enforceable, it can no longer pertaining to the area in the applicable complied with all requirements of an be withdrawn or altered except through ozone implementation plan.’’ On May 6, ‘approved SIP’ that does not exist, nor a SIP revision or a Federal 2010, SC DHEC, in a letter to EPA, mention the possibility that the area implementation plan. If the withdrawn stated ‘‘South Carolina has complied might not attain the NAAQS by the SIP had been submitted to meet a with all requirements and commitments specific statutory requirement and the extended deadline.’’ pertaining to the area in the South state does not replace the SIP Response 9: EPA disagrees with the Carolina State Implementation Plan.’’ submission upon withdrawal with a Commenter’s assertion that EPA’s EPA believes that these statements new SIP submission to meet that analysis of whether North Carolina and provide the necessary certification from statutory requirement (or, in appropriate South Carolina ‘‘are meeting their the States. EPA also notes that North instances, with an attainment federally-approved implementation Carolina and South Carolina considered determination that suspends the plans’’ is ‘‘by virtue of adequate the consequences of eventually not obligation to meet such requirement), monitoring alone.’’ Over the past several attaining the NAAQS. They conducted EPA has the authority to make a finding years, the bi-state Charlotte Area has modeling for the year 2012 in case they of failure to submit for that required benefitted from the reduction in submission. EPA also notes that emissions attributable to the did not have clean data and were subsequently, both North Carolina and implementation of federal, state and required to be reclassified to serious. South Carolina resubmitted their local programs. Some of the federal That modeling would have been attainment demonstrations for the 1997 control measures that have come on line submitted to EPA as the States’ 8-hour ozone NAAQS. since the bi-state Charlotte Area was attainment demonstration for a serious Comment 8: The Commenter states designated nonattainment for the 1997 classification had the area been that ‘‘[d]uring the 2009 ozone season, 8-hour ozone NAAQS in 2004 include: reclassified to serious. cool temperatures and a slow economy Tier 2 vehicle and fuels standards; Comment 10: The Commenter states contributed to a dramatic decline in heavy-duty gasoline and diesel highway that ‘‘[t]he agency’s permissive ozone pollution, albeit not enough to vehicle standards; nonroad spark- proposed approach would encourage bring the three-year ozone design value ignition engines and recreational poor air quality planning. Indeed, the into attainment by the June 2010 engines standards; and large nonroad State’s plan submissions allow deadline. Nevertheless, the States have diesel engine standards. North Carolina unfettered expansion of the area’s resubmitted their ‘withdrawn’ 2007 has also implemented state programs highway network without regard to submissions for public comment and that have provided emissions reductions long-term air quality consequences.’’ agency approval, along with in the bi-state Charlotte Area. These The Commenter goes on to say that supplemental plans that establish higher state programs include: (1) The Clean ‘‘[r]eclassification of the area to ‘serious’ motor vehicle emissions budgets. These Air Bill which expanded the inspection nonattainment status would require submissions do not provide the legal and maintenance program from 9 to 48 better developed and more accurate basis for an extension because they have counties; (2) North Carolina’s nitrogen travel modeling that would help to

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ensure that road capacity investments argued that reclassifying and disagrees with the Commenter’s will not compromise air quality for undertaking more stringent control interpretation of the Act. years to come. See 40 CFR § 93.122’’ measures to ensure compliance with the IV. Final Action Response 10: The August 4, 2010, existing ozone standard is unnecessary proposed rulemaking and this final because EPA will soon approve a new EPA is taking final action to approve action do not involve the approval of standard and require new plans to meet North Carolina’s April 28, 2010, and any plans for the bi-state Charlotte Area the standard.’’ Further, the Commenter South Carolina’s May 6, 2010, requests for the 1997 8-hour ozone standard. goes on to say, ‘‘* * * not only has EPA for EPA to grant a one-year extension Additionally, while not relevant to this recently delayed its expected release of (from June 15, 2010 to June 15, 2011) of final action, EPA notes that the the new, stricter standards, but even the bi-state Charlotte Area attainment development of the mobile emissions in without delay, waiting until date for the 1997 8-hour ozone NAAQS. the States’ attainment demonstration implementation of the new standard EPA has determined that both North plans for the bi-state Charlotte Area would result in several years of delay in Carolina and South Carolina have met were developed through a required the adoption of the additional control the statutory requirements for such an interagency process, pursuant to 40 CFR measures required today as part of extension. 93.105, that includes federal, state and ‘bump up’ to a ‘serious’ classification.’’ V. Statutory and Executive Order local air quality and transportation The Commenter continues by noting the Reviews partners. The Commenter mentions that delay of the promulgation of the new the ‘‘[r]eclassification of the area to ozone standard and anticipated dates for Under the CAA, the Administrator is ‘serious’ nonattainment status would the attainment demonstration required to approve SIP submissions require better developed and more submissions. The Commenter mentions and requests that comply with the accurate travel modeling that would ‘‘approval of inadequate plans now will provisions of the Act and applicable help to ensure that road capacity only delay efforts to address the serious federal regulations. 42 U.S.C. 7410(k); investments will not compromise air air quality problems in the Charlotte 40 CFR 52.02(a). Thus, in reviewing the quality for years to come.’’ While EPA metro area and make attainment under States’ requests for an extension of the agrees that there are different travel the 2008 standard, or a stronger one, 1997 8-hour ozone NAAQS attainment demand modeling requirements for much more difficult, uncertain, and date for the bi-state Charlotte Area, ‘‘serious’’ versus ‘‘moderate’’ ozone expensive.’’ EPA’s role is to approve the States’ areas, EPA also notes that 40 CFR Response 11: Neither the States’ requests, provided that they meet the 93.122(d) states ‘‘[i]n all areas not position (as articulated by the criteria of the CAA. Accordingly, this otherwise subject to paragraph (b) of Commenter) nor this comment are proposed action merely approves a state this subsection, regional emissions relevant to this action. This action request for an extension of the 1997 8- analyses must use those procedures solely concerns whether the States have hour ozone NAAQS attainment date as described in paragraph (b) of this demonstrated that a one-year attainment meeting federal requirements and does section if the use of those procedures date extension is appropriate for the not impose additional requirements has been the previous practice of the 1997 ozone NAAQS. EPA notes that in beyond those imposed by state law. For MPO * * *’’ The transportation a separate process, the Agency is that reason, this final action: modeling requirements for ‘‘serious’’ reconsidering the 2008 ozone NAAQS • Is not a ‘‘significant regulatory areas are outlined in 40 CFR 93.122(b). and, if EPA determines a different action’’ subject to review by the Office In a letter dated December 3, 2010, NC NAAQS should be promulgated, the of Management and Budget under DENR provided EPA with additional Agency will undertake rulemaking to Executive Order 12866 (58 FR 51735, information regarding the travel demand address the requirements for the October 4, 1993); modeling practices currently employed implementation of that NAAQS. The • Does not impose an information in the bi-state Charlotte Area. Attached fact that EPA may issue a new standard collection burden under the provisions to the letter, the Senior Transportation at a future date has no bearing on of the Paperwork Reduction Act (44 Planner for the Charlotte Department of whether the area qualifies for a one-year U.S.C. 3501 et seq.); Transportation provides a comparison extension of its attainment date for the • Is certified as not having a of the current practice for travel demand 1997 ozone NAAQS. significant economic impact on a modeling for the entire bi-state Charlotte Comment 12: In their comment letter, substantial number of small entities Area and the requirements of 40 CFR the Commenter notes that at a meeting under the Regulatory Flexibility Act 93.122(b) for a ‘‘serious’’ area. The with EPA Region 4, EPA staff suggested (5 U.S.C. 601 et seq.); comparison demonstrates that the that the Act requires the Agency to grant • Does not contain any unfunded current practices for travel demand an extension. The Commenter states mandate or significantly or uniquely modeling meet the requirements for a ‘‘[n]o legal grounds exist for such an affect small governments, as described ‘‘serious’’ area although the bi-state interpretation’’ and goes on to state in the Unfunded Mandates Reform Act Charlotte Area is a ‘‘moderate’’ area. NC ‘‘[t]he agency only has authority to grant of 1995 (Pub. L. 104–4); DENR’s December 3, 2010, letter can be an extension when a state’s air quality • Does not have Federalism found in the docket for this final and compliance with an approved implications as specified in Executive rulemaking. A reclassification of the implementation plan satisfy the Order 13132 (64 FR 43255, August 10, area to ‘‘serious’’ would not change the statutory requirements, and even then, 1999); current travel demand modeling the agency’s authority to grant an • Is not an economically significant practice in the bi-state Charlotte Area extension is discretionary.’’ The regulatory action based on health or since the bi-state Charlotte Area is Commenter also states ‘‘To the contrary, safety risks subject to Executive Order currently meeting the ‘‘serious’’ area disapproving the plan submissions and 13045 (62 FR 19885, April 23, 1997); requirements, and in accordance with requiring bump-up is the only action • Is not a significant regulatory action 40 CFR 93.122(b) and (d), this practice that complies with the plain meaning of subject to Executive Order 13211 (66 FR must be maintained. the Clean Air Act.’’ 28355, May 22, 2001); Comment 11: The Commenter Response 12: For the reasons • Is not subject to requirements of mentions that ‘‘[s]tate officials have provided in previous comments, EPA Section 12(d) of the National

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Technology Transfer and Advancement subtract or change any existing state or for judicial review may be filed, and Act of 1995 (15 U.S.C. 272 note) because local regulations in the SIP. Therefore, shall not postpone the effectiveness of application of those requirements would EPA has determined that there will be such rule or action. This action may not be inconsistent with the CAA; and no substantial direct effects to the be challenged later in proceedings to • Does not provide EPA with the Catawba. In addition, EPA also notes enforce its requirements. (See section discretionary authority to address, as that this final action will not impose 307(b)(2).) appropriate, disproportionate human substantial direct costs on Tribal health or environmental effects, using governments or preempt Tribal law. List of Subjects in 40 CFR Part 81 practicable and legally permissible The Congressional Review Act, 5 Environmental protection, Air methods, under Executive Order 12898 U.S.C. 801 et seq., as added by the Small pollution control. (59 FR 7629, February 16, 1994). Business Regulatory Enforcement EPA has also determined that the one Fairness Act of 1996, generally provides Dated: May 19, 2011. year extension for the bi-state Charlotte that before a rule may take effect, the Gwendolyn Keyes Fleming, Area does not have Tribal implications agency promulgating the rule must Regional Administrator, Region 4. as specified by Executive Order 13175 submit a rule report, which includes a (65 FR 67249, November 9, 2000), copy of the rule, to each House of the 40 CFR part 81 is amended as follows: because there are no ‘‘substantial direct Congress and to the Comptroller General effects’’ on an Indian Tribe as a result of the United States. EPA will submit a PART 81—[AMENDED] of this action. The Catawba Indian report containing this action and other Nation Reservation is located within the required information to the U.S. Senate, ■ 1. The authority citation for part 81 South Carolina portion of the bi-state the U.S. House of Representatives, and continues to read as follows: Charlotte Area. EPA notes that the the Comptroller General of the United Authority: 42 U.S.C. 7401 et seq. proposal for this rule incorrectly stated States prior to publication of the rule in that the South Carolina ‘‘SIP is not the Federal Register. A major rule ■ 2. In § 81.334, the table entitled approved to apply in Indian country cannot take effect until 60 days after it ‘‘North Carolina–Ozone (8-Hour located in the state.’’ However, pursuant is published in the Federal Register. Standard)’’ is amended under to the Catawba Indian Claims This action is not a ‘‘major rule’’ as ‘‘Charlotte-Gastonia-Rock Hill, NC-SC’’ Settlement Act, S.C. Code Ann. 27–16– defined by 5 U.S.C. 804(2). by revising the entries for ‘‘Cabarrus 120, ‘‘all state and local environmental Under section 307(b)(1) of the CAA, County,’’ ‘‘Gaston County,’’ ‘‘Iredell laws and regulations apply to the petitions for judicial review of this County (part) Davidson Township, [Catawba Indian Nation] and action must be filed in the United States Coddle Creek Township,’’ ‘‘Lincoln Reservation and are fully enforceable by Court of Appeals for the appropriate County,’’ ‘‘Mecklenburg County,’’ all relevant state and local agencies and circuit by August 1, 2011. Filing a ‘‘Rowan County,’’ and ‘‘Union County’’, authorities.’’ Thus, the South Carolina petition for reconsideration by the and adding footnote 4, to read as SIP does apply to the Catawba Administrator of this final rule does not follows: Reservation. This final action to approve affect the finality of this action for the the one year extension for the bi-state purposes of judicial review nor does it § 81.334 North Carolina. Charlotte Area, however, does not add, extend the time within which a petition * * * * *

NORTH CAROLINA—OZONE [8-Hour standard]

Designation a Category/classification Designated Date 1 Type Date 1 Type

Charlotte-Gastonia-Rock Hill, NC–SC .... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Cabarrus County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Gaston County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Iredell County (part) Davidson Town- This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. ship, Coddle Creek Township. Lincoln County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Mecklenburg County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Rowan County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate. Union County ...... This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 4 Subpart 2/Moderate.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. ******* 4 Attainment date extended to June 15, 2011. *******

3. In § 81.341, the table entitled by revising the entry for ‘‘York County § 81.341 South Carolina. ‘‘South Carolina—Ozone (8-Hour (part) Portion along MPO lines’’ to read * * * * * Standard)’’ is amended under as follows: ‘‘Charlotte-Gastonia-Rock Hill, NC–SC’’

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SOUTH CAROLINA—OZONE [8-Hour standard]

Designation a Category/classification Designated Date 1 Type Date 1 Type

******* Charlotte-Gastonia-Rock Hill, NC–SC: York County (part) Portion along MPO This action is effective May 31, 2011 ... Nonattainment .. June 15, 2004 .. 3 Subpart 2/Moderate. lines.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. ******* 3 Attainment date extended to June 15, 2011. *******

[FR Doc. 2011–13278 Filed 5–27–11; 8:45 am] ADDRESSES: Federal Communications recommended that 90 megahertz of BILLING CODE 6560–50–P Commission, 445 12th Street, SW., spectrum allocated to MSS could be Washington, DC 20554. made available for terrestrial mobile FOR FURTHER INFORMATION CONTACT: broadband use, while preserving Kevin Holmes, Wireless sufficient MSS capability to serve rural FEDERAL COMMUNICATIONS Telecommunications Bureau at 202– areas, public safety, and other important COMMISSION 418–2487 or [email protected], or national purposes. The rules adopted 47 CFR Parts 1, 2, and 25 Nicholas Oros, Office of Engineering herein: (1) Add co-primary Fixed and and Technology at 202–418–0636 or Mobile allocations to the MSS 2GHz [ET Docket No. 10–142; FCC 11–57] [email protected]. band, consistent with the International SUPPLEMENTARY INFORMATION: This is a Table of Allocations, and (2) extend the Fixed and Mobile Services in the summary of the Commission’s Report Commission’s existing secondary Mobile Satellite Service Bands at 1525– and Order, FCC 11–57, adopted on market spectrum manager spectrum 1559 MHz and 1626.5–1660.5 MHz, April 5, 2011, and released on April 6, leasing policies, procedures, and rules 1610–1626.5 MHz and 2483.5–2500 2011, as corrected by an erratum issued that currently apply to wireless MHz, and 2000–2020 MHz and 2180– on April 15, 2011. The full text of this terrestrial services to services provided 2200 MHz document is available for inspection using the ATC of an MSS system. and copying during normal business AGENCY: Federal Communications I. Background Commission. hours in the FCC Reference Information Center, Room CY–A257, 445 12th Street, 1. Mobile Satellite Service Spectrum ACTION: Final rule. SW., Washington, DC 20554. The Allocation. MSS is a complete text may be purchased from radiocommunications service involving SUMMARY: In this document, the the Commission’s duplicating transmission between mobile earth Commission amends its rules to make stations and one or more space stations. additional spectrum available for new contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., As we discussed in the MSS NPRM, investment in mobile broadband three MSS frequency bands are capable networks while also ensuring that the Room CY–B402, Washington, DC 20554, (202) 488–5300, facsimile (202) 488– of supporting broadband service: The 2 United States maintains robust mobile 5563, or via e-mail at [email protected]. GHz band (‘‘S-band’’) from 2000–2020 satellite service capabilities. First, this The complete text is also available on MHz and 2180–2200 MHz, the Big LEO document adds co-primary Fixed and the Commission’s Web site at http:// Band from 1610–1626.5 MHz and Mobile allocations to the Mobile wireless.fcc.gov/edocs_public/ 2483.5–2500 MHz, and the L-band from Satellite Service (MSS) 2 GHz band, attachment/FCC-11-57A1doc. This full 1525–1559 MHz and 1626.5–1660.5 consistent with the International Table text may also be downloaded at: MHz. 75 FR 49871 (August 16, 2010). of Allocations, allowing more flexible http://wireless.fcc.gov/releases.html. Although the International Table of use of the band, including for terrestrial Alternative formats (computer diskette, Allocations includes a primary Fixed broadband services, in the future. large print, audio cassette, and Braille) and Mobile services allocation along Second, to create greater predictability are available by contacting Brian Millin with the primary Mobile-Satellite and regulatory parity with the bands at (202) 418–7426, TTY (202) 418–7365, allocation in the S-band, such co- licensed for terrestrial mobile or via e-mail to [email protected]. allocations do not exist in the U.S. broadband service, the document Table. The Big LEO and L-bands are not extends the Commission’s existing Summary allocated for Fixed and Mobile services secondary market spectrum manager The Federal Communications either in the United States or on an spectrum leasing policies, procedures, Commission makes additional spectrum international basis. and rules that currently apply to available for new investment in mobile 2. In addition, as noted in the MSS wireless terrestrial services to terrestrial broadband networks while also ensuring NOI, MSS has the capability to serve services provided using the Ancillary that the United States maintains robust important needs, such as rural access Terrestrial Component (ATC) of an MSS MSS capabilities. This action is and disaster recovery. 75 FR 49871 system. consistent with Recommendation 5.8.4 (August 16, 2010). MSS has the ability DATES: Effective June 30, 2011. of the National Broadband Plan, which to provide communications to mobile

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user terminals anywhere in the United ATC uses of MSS spectrum. In the long as the requisite ATC gating States, including in remote areas where Secondary Markets First Report and requirements are met. Furthermore, the people are without basic Order adopted in 2003, the Commission Commission found in one case that the telecommunications services. MSS is established policies and rules by which particular ATC spectrum leasing particularly well suited for meeting the terrestrially-based Wireless Radio arrangement at issue—which the parties needs of the transportation, petroleum, Service licensees could lease some or all had directly modeled on the and other vital industries. MSS of the spectrum usage rights associated requirements for spectrum manager operators have the ability to operate with their licenses to third party leasing arrangements already available when existing terrestrial infrastructure spectrum lessees, which could then to terrestrial wireless services—was is non-existent or has been degraded or provide wireless services consistent consistent with Commission policy, destroyed and therefore can meet public with the underlying license including the statutory requirement safety and emergency communication authorization. 68 FR 66232 (November relating to transfers of control under 47 needs in times of national crises and 25, 2003). The Commission provided for U.S.C. 310(d) that applied to Wireless natural disasters. For example, MSS two different types of spectrum leasing Radio Services under the secondary satellite networks were utilized in the arrangements for Wireless Radio market policies. Specifically, the aftermath of the terrorist attacks of Services: Spectrum manager leasing Commission found that the leasing September 11, 2001, and during the arrangements and de facto transfer arrangement was consistent with a hurricane season of 2005. MSS units leasing arrangements. Spectrum spectrum manager leasing arrangement provide interoperable connections manager leasing arrangements require under its spectrum leasing policies for between emergency responders and the licensee to maintain an active role Wireless Radio Services. Thus, even other communications networks, and in ensuring compliance with applicable though the Commission did not adopt can even link U.S. emergency response Commission policies and rules but do the terrestrial Wireless Radio Services providers with counterparts in not involve a transfer of de facto control spectrum leasing policies and rules for neighboring countries. under 47 U.S.C. 310(d), while de facto MSS/ATC spectrum leasing 3. Terrestrial Use of MSS Spectrum. transfer leasing arrangements involve a arrangements in a rulemaking context, it At present, use of these MSS bands for transfer of de facto control and require nonetheless applied the statutory terrestrial mobile service is permitted Commission approval. In establishing interpretation relating to those policies only under the Commission’s ATC rules these secondary market policies, the and rules to the particular lease of MSS and in association with the existing Commission sought to promote more spectrum associated with an ATC satellite system authority. The efficient, innovative, and dynamic use authorization. Commission adopted the ATC rules in of the spectrum, expand the scope of II. Discussion 2003. ATC consists of terrestrial base available wireless services and devices, stations and mobile terminals that re- enhance economic opportunities for A. Co-Primary Allocation of the MSS 2 use frequencies assigned for MSS accessing spectrum, promote GHz Band for Terrestrial and Fixed operations. In the MSS NPRM, we noted competition among terrestrial wireless Services that technological developments service providers, and eliminate 6. As proposed in the MSS NPRM, we involving the use of MSS/ATC spectrum regulatory uncertainty surrounding could soon lead to the provision of add Fixed and Mobile allocations to the terrestrial spectrum leasing 2000–2020 MHz and 2180–2200 MHz mobile broadband services similar to arrangements. At that time, however, those provided by terrestrial mobile band. These allocations will be co- the Commission decided not to extend providers. In particular, we observed primary with the existing Mobile these spectrum leasing policies and that SkyTerra (now LightSquared) plans Satellite allocation. By adding these rules to satellite services. In particular, to construct an integrated national allocations to the band, we will be in a the Commission recognized that there satellite/terrestrial mobile broadband position to provide greater flexibility for already was a well-established set of network, which would make use of both use of this spectrum in the future. In policies and rules in effect for satellite- MSS spectrum and terrestrial spectrum addition, this change in allocation will capacity transponder leasing, the kinds that it has already leased in the bring our allocations for the band into of leasing arrangements that were secondary market, and that the services harmony with the International Table of occurring in the context of satellite it would offer have the potential to Allocations. We take no action on the expand services offered in the overall services. Satellite-capacity transponder proposal in the MSS NPRM that, in the market of mobile terrestrial wireless leasing arrangements differ from event that a 2 GHz MSS license is services and to enhance competition in spectrum leasing arrangements. Among returned or cancelled, the spectrum this larger mobile marketplace. In other things, satellite-capacity covered by the license should not be addition to LightSquared, three other transponder leasing does not involve the assigned to the remaining MSS licensee MSS licensees have received ATC leasing of spectrum. Subsequently, the or made available to a new MSS authority, although none of these Commission extended the leasing licensee. currently has commercial terrestrial framework to additional Wireless Radio 7. Our proposal to add Fixed and ATC stations in operation. We note that Services and to Public Safety services, Mobile allocations to the 2 GHz MSS Globalstar’s ATC authority has been as well as to other terrestrial spectrum band received wide support from both suspended for failure to come into bands that became available. satellite and terrestrial wireless compliance with the ATC ‘‘gating 5. More recently, as ATC services licensees. Only Boeing opposed the criteria’’ as required pursuant to the have begun to develop, the Commission proposal. Boeing argues that adding this temporary waiver granted in 2008. has drawn guidance from the Wireless allocation will undermine the ability of 4. Secondary Market Policies and Radio Services secondary market leasing 2 GHz MSS licensees to provide service MSS Spectrum. Currently, the policies. In 2008, the Commission in rural areas, provide valuable service Commission’s secondary markets determined that its ATC policies to public safety, and assist in disaster spectrum leasing framework, which specifically contemplated that MSS recovery. Boeing also points out that applies to terrestrial Wireless Radio licensees could lease access to spectrum keeping MSS primary in the 2 GHz MSS Services licenses, does not extend to to third-party terrestrial providers so band promotes the goal of international

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harmonization with respect to satellite amend footnote US380 to remove this policies, procedures, and rules to ATC services. Boeing also claims that MSS band while keeping US380 in place for spectrum leasing arrangements. As we networks provide the only means to the MSS Big LEO and L-bands. Two discussed in the MSS NPRM, recent and create a next generation air traffic footnotes, NG156 and NG168 permit planned near-term developments in the management (ATM) communication, certain Broadcast Auxiliary Service use of MSS spectrum for the provision navigation, and surveillance (BAS) and Fixed Service (FS) licensees, of terrestrial services are increasing the infrastructure. Boeing explains that it respectively, to continue to operate on potential that these services will become obtained a 2 GHz MSS license in 2001 a primary basis until December 9, 2013 sufficiently similar to the services with a goal of developing such a system (the sunset date for the band). Because offered in the overall market of mobile but that economic conditions and other the relocation of the BAS incumbents terrestrial wireless services to enhance factors thwarted the plan. Boeing still out of the 2000–2020 MHz band has competition in this larger mobile believes that development of an ATM been completed, footnote NG156 which marketplace. Accordingly, we find that system is critical to the future of addresses the status of the BAS a common set of policies, procedures, aviation. incumbents is no longer needed. and rules—where consistent with ATC 8. We agree that MSS networks are a Therefore, we remove footnote NG156 policies and rules—will promote greater necessary and critical part of this from the U.S. Allocation Table. We consistency, regulatory parity, nation’s communications infrastructure, amend footnote NG168 to clarify that predictability, and transparency with and serve an important role in meeting existing Fixed and Mobile operations in respect to spectrum leasing the needs of rural areas, the public the 2180–2200 MHz band (i.e. the pre- arrangements involving terrestrially- safety community, and disaster existing FS licensees) shall become based mobile service offerings. recovery, but conclude that these needs secondary after the band sunset date 13. The record contains widespread can continue to be satisfied under the while ATC operations by MSS will support for this action. Indeed, every rules we adopt. MSS remains co- continue to be permitted on a primary commenter that addressed the issue primary in the 2 GHz MSS band, which basis after the sunset date. supported the extension of the general is consistent with international 11. In sum, we find that adding co- secondary markets spectrum leasing allocations. As we stated in the MSS primary Fixed and Mobile allocations rules and policies to ATC. For example, NPRM, the addition of Fixed and Mobile along with the MSS allocation in the 2 the Telecommunications Industry allocations to the 2 GHz MSS band is GHz band serves the public interest. Our Association asserts that applying the merely a first step toward providing actions bring the allocations into Commission’s secondary market rules flexibility to allow greater use of the harmony with the international and policies to ATC will encourage band for mobile broadband. The existing allocations. We also lay the foundation innovative arrangements and service rules that permit MSS and ATC for more flexible use of the band in the partnerships that will speed the operation in the band will not be altered future, thereby promoting investment in development and deployment of solely by the addition of Fixed and the development of new services and wireless broadband to rural and other Mobile allocations to the band. Both of additional innovative technologies. In areas. Additionally, Inmarsat states that the MSS licensees in the band will adding these co-primary allocations and spectrum leasing arrangements would continue to operate under the terms of in applying certain secondary market facilitate the ability of MSS operators to their existing licenses and must comply spectrum leasing rules to ATC leasing deploy ATC, which would increase the with all of the Commission’s satellite arrangements we have not altered in any availability of terrestrial broadband and ATC rules. Furthermore, we are not way the existing ATC service rules and services and advance the public interest. altering the allocation for the Big LEO policies that the Commission previously Echostar notes that ‘‘efficient secondary band or the L-band. adopted to guard against harmful markets * * * promote spectrum 9. As to the development of an ATM interference. Furthermore, we conclude efficiency and create opportunities to system, we express no opinion as to the that adding co-primary Fixed and maximize use of spectrum for mobile need for such a system, whether it Mobile allocations in this band will not broadband services.’’ We agree that should be satellite-based, or whether the result in harmful interference, and applying these spectrum leasing policies 2 GHz band is a suitable location for it. would not inevitably lead to uses that and rules will help facilitate efficient As a practical matter, we note that would result in harmful interference. and innovative new arrangements for Boeing has returned its 2 GHz MSS Finally, having added co-primary Fixed using spectrum, including in both urban license. At the same time, there is and Mobile allocations to the 2 GHz and rural areas. Moreover, commenters evidence of exploding demand for band, we anticipate issuing a notice of assert that by extending these spectrum spectrum for mobile broadband proposed rulemaking on subjects raised leasing policies, the Commission would networks. Given all of the foregoing, we in the MSS NOI, including possible establish regulatory predictability and believe that adding Fixed and Mobile service rule changes that could increase parity between similarly situated allocations to the 2 GHz MSS band will investment and utilization of the band services. provide additional flexibility to meet in a manner that further serves the 14. Spectrum Manager Leasing this demand in the future and therefore public interest. We expect the staff will Arrangements. Consistent with the is in the public interest. take advantage of industry technical Commission’s ATC policies and rules, 10. We also modify three footnotes to expertise as it develops options, which and the ancillary nature of ATC, we the U.S. Table to be consistent with this may include potential synergies with determine that MSS licensees and change in allocation. Footnote US380 neighboring bands, to inform our spectrum lessees may only enter into permits MSS operators to operate ATC decision making process going forward. spectrum manager leasing arrangements. in conjunction with MSS networks As discussed in the MSS NPRM, the despite the fact that these bands have B. Applying Terrestrial Secondary Commission established several ‘‘gating not been allocated for Fixed and Mobile Market Spectrum Leasing Policies to criteria’’ that MSS operators must meet uses. Because we have now added Fixed ATC Spectrum Leasing Arrangements in order to be authorized to operate ATC and Mobile allocations to the 2000–2020 12. As proposed in the MSS NPRM, stations. At their core, these gating MHz and 2180–2200 MHz band, US380 we extend the Commission’s general criteria require the MSS licensee to is no longer needed for this band. We secondary market spectrum leasing provide substantial satellite service, as

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well as an integrated satellite/terrestrial enter into de facto transfer leasing the Commission’s Universal Licensing service. We conclude that ATC arrangements, but do not address how System (ULS). spectrum manager leasing arrangements, such arrangements would be fully 20. Potential competitive concerns. which would require the MSS licensee consistent with the ATC gating criteria. Assessing potential competitive effects to maintain an active role in ensuring 17. We also will apply the general of proposed secondary market compliance with all of these policies and rules that pertain to the transactions is an important element of requirements, are the best means of spectrum manager leasing arrangements, the Commission’s policies to promote ensuring that terrestrial leasing as set forth in the Commission’s competition and guard against the arrangements in MSS spectrum remains secondary market policies and rules. harmful effects of anticompetitive consistent with the underlying ATC Accordingly, we agree with TerreStar behavior. As the Commission policies and rules. We believe that the that an MSS licensee may lease recognized in the Secondary Markets spectrum manager leasing rules will spectrum for ATC use in varying First Report and Order, spectrum enable significant flexibility for the amounts and in any geographic area or leasing arrangements potentially raise provision of terrestrial mobile at any site encompassed by the license competitive concerns, and the broadband as part of an MSS/ATC when entering into a spectrum manager Commission applied its general service offering. leasing arrangement. competition policies for terrestrially- 15. Under a spectrum manager leasing 18. Notification procedures. MSS based mobile services to these arrangement, the MSS licensee retains licensees and potential spectrum lessees arrangements. Specifically, the de facto control of the MSS spectrum at seeking to enter into spectrum manager Commission observed that it may all times, remaining primarily leasing arrangements will be required to consider the use of leased spectrum as responsible for ensuring compliance file the same information and a relevant factor when examining with the underlying ATC requirements certifications as required under the marketplace competition. In assessing (including the underlying authorization) Commission’s rules for Wireless Radio the potential competitive effects of as well as for the spectrum lessee’s Service. As proposed in the MSS NPRM, spectrum leasing arrangements, the Commission stated that it would compliance with those requirements. we will require that leasing parties This responsibility includes determine, based on a case-by-case submit specified information and maintaining reasonable operational review of all relevant factors, whether certifications (including information oversight over the leased spectrum so as services provided over both leased and about the parties, the amount and to ensure that each lessee complies with licensed spectrum in specific product geographic location of the spectrum all applicable technical and service and geographic markets should be taken involved, and other overlapping rules, including frequency coordination into account. terrestrial-use spectrum holdings of the requirements and resolution of 21. We conclude that spectrum parties) to the Commission in advance interference-related matters. Permitting leasing arrangements involving ATC of any operations that would be only spectrum manager leasing also potentially raise competitive permitted pursuant to the proposed arrangements ensures that the MSS concerns, as several commenters assert. licensee retains primary responsibility transaction. As is required with respect As we discussed above, technological for MSS, including the provision of to a spectrum leasing arrangement advances will enable MSS licensees and substantial satellite service (including involving Wireless Radio Services, each their spectrum lessees to use ATC all gating criteria) as well as the party to a proposed ATC spectrum authority to provide mobile services coordination of any terrestrial use with manager leasing arrangement must have similar to those provided by terrestrial satellite use so that the terrestrial use is correct and up-to-date ownership mobile providers. While we recognize consistent with the MSS service and information on file with the that in the past the Commission has not interference rules. Requiring spectrum Commission (using FCC Form 602) as of viewed MSS as a substitute for manager leasing arrangements also the date that the notification of the terrestrial mobile services, we have address the concerns, expressed by spectrum manager leasing arrangement recently observed that the mobile Inmarsat, that the MSS licensee should is filed. satellite service industry currently is retain ultimate control over the use of 19. As with spectrum manager leasing undergoing major technological MSS spectrum in order to enhance its arrangements involving Wireless Radio advances and structural changes. In ability to coordinate operations and Services, to the extent a proposed ATC particular, we note that several MSS avoid harmful interference. spectrum manager leasing arrangement providers have, at various times, 16. De facto transfer leasing does not raise potential public interest articulated their plans to offer high- arrangements, in contrast, would concerns, the transaction would be speed data services, especially in effectively transfer primary subject to immediate processing, connection with terrestrial networks responsibilities for meeting these whereas to the extent potential public using their ATC authority, and that such obligations to the spectrum lessee(s), interest concerns were raised (e.g., services in the future could affect, and which are not in a position to meet potential competitive harms, as potentially enhance, competition in the many of the underlying obligations of discussed below, or foreign ownership provision of terrestrial mobile services. the MSS license, such as meeting the concerns) the transaction would be Spectrum lessees using ATC therefore gating criteria obligations to provide subject to streamlined procedures as the appear increasingly likely to provide substantial satellite service and to Commission evaluated whether the services that could affect competition in provide integrated mobile satellite/ public interest would be served by the the mobile telephony/broadband terrestrial service. Transferring de facto proposed transaction. We hereby services product market. Accordingly, to control over the use of the spectrum to delegate to the Wireless the extent that we determine that a spectrum lessee also could sever the Telecommunications Bureau (WTB) and particular ATC spectrum leasing relationship between the provision of the International Bureau (IB) the arrangements can be used to provide the satellite and the terrestrial service. authority to resolve implementation and such services, the procedures we will We are not persuaded by the administrative issues relating to these adopt allow us to assess these commenters that assert generally that notification requirements, which will arrangements in the context of our we should permit MSS licensees to include revisions to FCC Form 608 and existing competitive analysis framework

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for mobile telephony/broadband other Global Navigation Satellite System 27. Foreign Ownership. T-Mobile services, consistent with our general (GNSS) receivers. requests that, in applying the authority to ensure that the public 24. The addition of co-primary Fixed Commission’s secondary markets interest would be served by proposed and Mobile allocations to the MSS 2 spectrum leasing rules and policies to transactions. We note that these GHz band and the secondary market ATC, we extend the availability of the procedures also enable us to assess each policies and rules that we adopt herein immediate processing/approval proposed spectrum manager leasing do not in any way change the procedures to prospective lessees with arrangement to determine whether any obligations that attach to each MSS indirect foreign ownership exceeding 25 other type of competitive issue might licensee to comply with the applicable percent, if that ownership has arise in the context of the MSS/ATC technical and operational rules for ATC previously been approved by the transaction, such as leasing operations pursuant to its license. Commission. We decline to revisit this arrangements between different MSS Under the spectrum manager leasing issue here. T-Mobile’s request is a operators. arrangements that we are permitting, the reiteration of similar previous requests, 22. Existing ATC spectrum leasing MSS licensee continues to have primary including requests made in the arrangements. We conclude that MSS responsibility for ensuring compliance Commission’s earlier wireless secondary licensees and ATC lessees must conform of any terrestrial operations with the markets proceeding, which the any existing spectrum leasing obligations associated with its Commission has denied. This Report arrangement to the spectrum leasing authorization, and each spectrum lessee and Order neither re-examines the policies adopted in this Report and would be obligated to ensure its wireless secondary market rules and Order. We note that providing this operations comply with the particular policies generally nor establishes information and submitting the technical and operational requirements independent ATC secondary market notification is consistent with the applicable to the MSS licensee from rules and policies. Commission’s approach when it first which it is leasing spectrum. evaluated an MSS/ATC spectrum 25. To the extent that potential III. Procedural Matters leasing arrangement, as discussed interference concerns arise with respect 28. Paperwork Reduction Analysis: above. We direct parties to submit to MSS/ATC operations in particular This document does not contain notification to the Commission of any MSS bands, concerns will be addressed proposed information collection existing MSS/ATC spectrum leasing on a licensee and band-specific basis. requirements subject to the Paperwork arrangements no later than thirty (30) We note that, as regards the interference Reduction Act of 1995, Public Law 104– days of the effective date of this Report concerns raised by the U.S. GPS 13. In addition, therefore, it does not and Order. This would include any Industry Council and NTIA about contain any proposed information spectrum leasing arrangement that LightSquared’s operations in the MSS L- collection burden ‘‘for small business parties may seek to enter prior to the band, LightSquared is working with the concerns with fewer than 25 effective date of the rules adopted GPS community by establishing a employees,’’ pursuant to the Small herein. technical working group to fully study Business Paperwork Relief Act of 2002, 23. U.S. GPS Industry Council’s the potential for harmful interference Public Law 107–198, see 44 U.S.C. Request. In its comments, the U.S. GPS from its base station operations in the 3506(c)(4). Industry Council expresses concern MSS L-band spectrum to GPS receivers about the need to protect the in the adjacent 1559–1610 MHz band IV. Final Regulatory Flexibility Radionavigation-Satellite Service and to identify measures necessary to Analysis (RNSS) operating in the 1559–1610 MHz prevent harmful interference to GPS. 29. As required by the Regulatory band, including the Global Positioning Pursuant to the January 26, 2011 Flexibility Act of 1980, as amended System (GPS), from interference from LightSquared Waiver Order, (RFA), an Initial Regulatory Flexibility terrestrial operations in the MSS bands. LightSquared cannot commence offering Analysis (IRFA) was incorporated in the The U.S. GPS Industry Council is a commercial terrestrial service on its Fixed and Mobile Services in the Mobile concerned that applying existing MSS L-band frequencies until the Satellite Service Bands at 1525–1559 secondary market rules to the use of Commission, after consultation with MHz and 1626.5–1660.5 MHz, 1610– MSS spectrum could lead to denser NTIA, concludes that the harmful 1626.5 MHz and 2483.5–2500 MHz, and deployment of terrestrial services using interference concerns have been 2000–2020 MHz and 2180 MHz Notice MSS spectrum, which in turn would resolved. of Proposed Rulemaking and Notice of increase the probability of harmful 26. We emphasize that responsibility Inquiry (Notice). 75 FR 49871 (August interference to GPS. It also requests that for protecting services rests not only on 16, 2010). The Commission sought the Commission codify the technical new entrants but also on incumbent written public comment on the operating parameters applicable to MSS users themselves, who must use proposals in the Notice, including licensees under their respective ATC receivers that reasonably discriminate comment on the IRFA. This present authorizations to ensure greater clarity against reception of signals outside their Final Regulatory Flexibility Analysis and certainty about the interference allocated spectrum. In the case of GPS, (FRFA) conforms to the RFA. rules applicable to secondary market we note that extensive terrestrial arrangements. The U.S. GPS Industry operations have been anticipated in the A. Need for, and Objectives of, the Council expresses particular concern L-band for at least 8 years. We are, of Report and Order about potential interference to GPS that course, committed to preventing 30. This Report and Order continues could result from adjacent terrestrial harmful interference to GPS and we will the Commission’s efforts to enhance operations by an MSS L-band operator look closely at additional measures that competition and speed the deployment (LightSquared Subsidiary LLC). The may be required to achieve efficient use of terrestrial mobile broadband. While National Telecommunications and of the spectrum, including the ensuring the United States maintains Information Administration (NTIA) also possibility of establishing receiver robust mobile satellite service has expressed concern about the standards relative to the ability to reject capabilities, in the Report and Order the potential for adverse impact of ATC interference from signals outside their Commission takes steps to make operations in the L-band on GPS and allocated spectrum. additional spectrum available for new

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investment in terrestrial mobile a small business size standard of $15 are 31 entities authorized to provide broadband networks. million or less in average annual voice and data MSS in the United 31. The Report and Order takes two receipts, under SBA rules. The second States. The Commission does not have actions. First, we add co-primary Fixed has a size standard of $25 million or less sufficient information to determine and Mobile allocations to the Table of in annual receipts. which, if any, of these parties are small Frequency Allocations for the 2 GHz 36. The category of Satellite entities. The Commission notes that band, consistent with the International Telecommunications ‘‘comprises small businesses are not likely to have Table of Allocations. Under this establishments primarily engaged in the financial ability to become MSS allocation, Fixed and Mobile services providing telecommunications services system operators because of high will have equal status to MSS. This to other establishments in the implementation costs, including allocation modification is a telecommunications and broadcasting construction of satellite space stations precondition for more flexible licensing industries by forwarding and receiving and rocket launch, associated with of terrestrial services within the band communications signals via a system of satellite systems and services. and lays the groundwork for providing satellites or reselling satellite Nonetheless, it might be possible that additional flexibility in use of the 2 GHz telecommunications.’’ Census Bureau some are small entities affected by this spectrum in the future. The Report and data for 2007 show that 512 Satellite Report and Order and therefore we Order does not change the status of the Telecommunications firms operated for include them in this section of the existing MSS licensees nor grant that entire year. Of this total, 464 firms FRFA. authority for terrestrial operations in the had annual receipts of under $10 39. Wireless Telecommunications band beyond what is currently million, and 18 firms had receipts of Carriers (except satellite). The Report permitted under the ATC rules. $10 million to $24,999,999. and Order applies the Commission’s 32. Second, the Report and Order Consequently, the Commission secondary market policies and rules to applies the Commission’s secondary estimates that the majority of Satellite terrestrial service in the MSS bands. We markets policies and rules applicable to Telecommunications firms are small cannot predict who may in the future terrestrial wireless radio services to entities that might be affected by our lease spectrum for terrestrial use in spectrum leasing arrangements action. these bands. In general, any wireless involving the use of MSS bands for 37. The second category, i.e. ‘‘All telecommunications provider would be terrestrial services. Specifically, the Other Telecommunications’’ comprises eligible to lease spectrum from the MSS Report and Order specifies requirements ‘‘establishments primarily engaged in licensees. Since 2007, the SBA has for licensees entering into spectrum providing specialized recognized wireless firms within this manager leasing arrangements involving telecommunications services, such as new, broad, economic census category. ATC, which will increase competition, satellite tracking, communications Prior to that time, such firms were improve spectrum efficiency, and allow telemetry, and radar station operation. within the now-superseded categories of small entities greater access to This industry also includes Paging and Cellular and Other Wireless spectrum. establishments primarily engaged in Telecommunications. Under the present providing satellite terminal stations and and prior categories, the SBA has B. Summary of Significant Issues Raised associated facilities connected with one deemed a wireless business to be small by Public Comments in Response to the or more terrestrial systems and capable if it has 1,500 or fewer employees. For IRFA of transmitting telecommunications to, this category, census data for 2007 show 33. There were no comments filed and receiving telecommunications from, that there were 1,383 firms that operated that specifically addressed the rules and satellite systems. Establishments for the entire year. Of this total, 1,368 policies presented in the IRFA. providing Internet services or voice over firms had employment of 999 or fewer Internet protocol (VoIP) services via employees and 15 had employment of C. Description and Estimate of the client-supplied telecommunications 1000 employees or more. Similarly, Number of Small Entities to Which the connections are also included in this according to Commission data, 413 Proposed Rules Will Apply industry.’’ For this category, Census carriers reported that they were engaged 34. The RFA directs agencies to Bureau data for 2007 show that there in the provision of wireless telephony, provide a description of, and, where were a total of 2,383 firms that operated including cellular service, Personal feasible, an estimate of the number of for the entire year. Of this total, 2,347 Communications Service (PCS), and small entities that may be affected by firms had annual receipts of under $25 Specialized Mobile Radio (SMR) the rules and policies adopted herein. million and 12 firms had annual Telephony services. Of these, an The RFA generally defines the term receipts of $25 million to $49,999,999. estimated 261 have 1,500 or fewer ‘‘small entity’’ as having the same Consequently, the Commission employees and 152 have more than meaning as the terms ‘‘small business,’’ estimates that the majority of All Other 1,500 employees. Consequently, the ‘‘small organization,’’ and ‘‘small Telecommunications firms are small Commission estimates that governmental jurisdiction.’’ In addition, entities that might be affected by our approximately half or more of these the term ‘‘small business’’ has the same action. firms can be considered small. Thus, meaning as the term ‘‘small business 38. Mobile Satellite Service Carriers. using available data, we estimate that concern’’ under the Small Business Act. Neither the Commission nor the U.S. the majority of wireless firms can be A ‘‘small business concern’’ is one Small Business Administration has considered small. which: (1) Is independently owned and developed a small business size operated; (2) is not dominant in its field standard specifically for mobile satellite D. Description of Projected Reporting, of operation; and (3) satisfies any service licensees. The appropriate size Recordkeeping, and Other Compliance additional criteria established by the standard is therefore the SBA standard Requirements for Small Entities SBA. for Satellite Telecommunications, 40. This Report and Order applies the 35. Satellite Telecommunications and which provides that such entities are Commission’s secondary markets All Other Telecommunications. Two small if they have $15 million or less in policies and rules applicable to economic census categories address the annual revenues. Currently, the terrestrial wireless services to spectrum satellite industry. The first category has Commission’s records show that there management leasing transactions

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involving the use of MSS bands for the public safety community, and both spectrum manager and de facto terrestrial wireless services. Leasing disaster recovery, but conclude that transfer spectrum leasing arrangements, parties will be required to submit these needs can continue to be satisfied we reject those arguments. De facto specified information and certifications under the rules we adopt. Furthermore, transfer leasing arrangements would (including information about the we do not think it prudent to limit effectively transfer primary parties, the amount and geographic future flexible use of the 2 GHz band responsibilities for meeting the location of the spectrum involved, and based on speculation that an ATM obligations of the MSS licensee to the other overlapping terrestrial-use communication system may be spectrum lessee(s), which are not in a spectrum holdings of the parties) to the developed in the band at some position to meet many of the underlying Commission in advance of any unspecified date, particularly in light of obligations of the MSS license operations that would be permitted evidence of exploding demand for authorization, such as meeting the pursuant to the proposed transaction. spectrum for mobile broadband gating criteria obligations to provide These changes affect small and large networks. We believe that adding Fixed substantial satellite service and to companies equally. To give these rules and Mobile allocations to the 2 GHz provide integrated mobile satellite/ any meaning, this information must be MSS band will provide additional terrestrial service. Transferring de facto generated by small and large entities flexibility to meet this demand in the control over the use of the spectrum to alike. Otherwise, wireless service future and therefore is in the public a spectrum lessee also could sever the providers seeking to lease MSS/ATC interest. relationship between the provision of spectrum would not have all of the 43. In the Report and Order, we take the satellite and terrestrial service. information available to make educated steps that may affect small entities that Thus, we do not extend de facto transfer leasing agreements. provide specific information pursuant to spectrum leasing arrangements to the the Commission’s secondary market MSS/ATC spectrum. E. Steps Taken To Minimize Significant leasing rules and policies. The Economic Impact on Small Entities, and requirements we adopt will require V. Report to Congress Significant Alternatives Considered parties to an MSS/ATC spectrum leasing 46. The Commission will send a copy 41. The RFA requires an agency to arrangement to file the same type of of the Report and Order, including this describe any significant alternatives that notification information that other FRFA, in a report to be sent to Congress it has considered in developing its parties to current spectrum leases must pursuant to the Congressional Review approach, which may include the file. MSS licensees that propose to enter Act. In addition, the Commission will following four alternatives (among into MSS/ATC spectrum manager send a copy of the Report and Order, others): ‘‘(1) The establishment of leasing arrangements must file the FCC including this FRFA, to the Chief differing compliance or reporting Form 608. Additionally, all parties to Counsel for Advocacy of the SBA. A requirements or timetables that take into such a proposed spectrum manager copy of the Report and Order and the account the resources available to small leasing arrangement must submit an FRFA (or summaries thereof) will also entities; (2) the clarification, FCC Form 602, which details ownership be published in the Federal Register. consolidation, or simplification of information, to the extent that a current VI. Ordering Clauses compliance and reporting requirements version of this form is not already on under the rule for such small entities; file with the Commission. The extension 47. Accordingly, it is ordered, that (3) the use of performance rather than of secondary markets rules and policies pursuant to sections 1, 4(i) and (j), 301, design standards; and (4) an exemption to MSS/ATC spectrum will promote 303, and 310 of the Communications from coverage of the rule, or any part competition in wireless terrestrial Act of 1934, as amended, 47 U.S.C. 151, thereof, for such small entities.’’ 5 broadband and will benefit small 154(i), 154(j), 301, 303, and 310, this U.S.C. 603(c)(1)–(c)(4). entities in their efforts to compete Report and Order is adopted. 42. In the Report and Order, we add against other wireless service providers, 48. It is further ordered, that pursuant Fixed and Mobile allocations to the both large and small, in the provision of to the authority contained in sections 1, 2000–2020 MHz and 2180–2200 MHz wireless broadband services. We believe 4(i) and (j), 301, 303, and 310 of the bands. By adding these allocations to that, on balance, the benefits to small Communications Act of 1934, as the band, we will be in a position to entities of our actions in the Report and amended, 47 U.S.C. 151, 154(i), 154(j), provide greater flexibility for use of this Order far outweigh any burdens this 301, 303, and 310, the Commission’s spectrum in the future, which may order places on small entities. rules are amended. provide small entities with greater 44. The record makes clear that broad 49. It is further ordered that the opportunity to lease spectrum. Only one support exists for extending the Commission’s Consumer and party, Boeing, opposed the proposal, Commission’s secondary markets rules Governmental Affairs Bureau, Reference arguing the allocation will undermine and policies to MSS/ATC spectrum. Our Information Center, shall send a copy of the ability of 2 GHz MSS to provide actions in the Report and Order should this Report and Order, including the service in rural areas, provide valuable benefit wireless broadband service Final Regulatory Flexibility Analysis, to service to public safety, and assist in providers seeking additional terrestrial the Chief Counsel for Advocacy of the disaster recovery. Boeing also suggested spectrum, many of which may be small Small Business Administration. that keeping MSS primary in the 2 GHz entities, by providing access to an 50. It is further ordered that the MSS band promotes the goal of increased amount of spectrum. Our Commission shall send a copy of this international harmonization with actions benefit the public interest by Report and Order in a report to be sent respect to satellite services. Boeing also promoting competition, innovation, and to Congress and the General Accounting claimed that MSS networks provide the investment. Office pursuant to the Congressional only means to create a next generation 45. In extending the Commission’s Review Act, see 5 U.S.C. 801(a)(1)(A). air traffic management (ATM) secondary markets rules and policies to List of Subjects communication, navigation, and MSS/ATC spectrum, we limit that surveillance infrastructure. We agree extension to spectrum manager 47 CFR Parts 1 and 25 with Boeing that MSS has an important spectrum leasing arrangements. While Administrative practice and role in meeting the needs or rural areas, several parties recommend we allow procedure, Communications common

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carriers, Radio, Reporting and (i) The spectrum lessee must meet the to provide ‘‘exclusive use rights’’ for recordkeeping requirements, Satellites, same eligibility and qualification purpose of this subpart of the rules. Telecommunications. requirements that are applicable to the (b) For the purpose of this subpart, a licensee under its license authorization, Mobile Satellite Service licensee with 47 CFR Part 2 with the following exceptions. A an ATC authorization may enter into a Communications equipment, Disaster spectrum lessee entering into a spectrum manager leasing arrangement assistance, Radio, Reporting and spectrum leasing arrangement involving with a spectrum lessee (see § 1.9020). recordkeeping requirements, a licensee in the Educational Broadband Notwithstanding the provisions of Telecommunications. Service (see § 27.1201 of this chapter) is §§ 1.9030 and 1.9035, a MSS licensee is Federal Communications Commission. not required to comply with the not permitted to enter into a de facto Marlene H. Dortch, eligibility requirements pertaining to transfer leasing arrangement with a such a licensee so long as the spectrum Secretary. spectrum lessee. lessee meets the other eligibility and (c) For purposes of § 1.9020(d)(8), the For the reasons discussed in the qualification requirements applicable to Mobile Satellite Service licensee’s preamble, the Federal Communications 47 CFR part 27 services (see § 27.12 of obligation, if any, concerning the E911 Commission amends 47 CFR parts 1, 2, this chapter). A spectrum lessee requirements in § 20.18 of this chapter, and 25 as follows: entering into a spectrum leasing will, with respect to an ATC, be arrangement involving a licensee in the specified in the licensing document for PART 1—PRACTICE AND Public Safety Radio Services (see part the ATC. PROCEDURE 90, subpart B and § 90.311(a)(1)(i) of this (d) The following provision shall chapter) is not required to comply with ■ 1. The authority citation for part 1 apply, in lieu of § 1.9020(m), with the eligibility requirements pertaining to continues to read as follows: respect to spectrum leasing of an ATC: such a licensee so long as the spectrum (1) Although the term of a spectrum Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. lessee is an entity providing manager leasing arrangement may not 151, 154(i), 154(j), 155, 157, 225, 303(r), and communications in support of public be longer than the term of the ATC 309. safety operations (see § 90.523(b) of this license, a licensee and spectrum lessee ■ 2. Section 1.9001 is amended by chapter). A spectrum lessee entering that have entered into an arrangement, revising paragraph (a) to read as follows: into a spectrum leasing arrangement the term of which continues to the end § 1.9001 Purpose and scope. involving a licensee in the Mobile of the current term of the license may, Satellite Service with ATC authority contingent on the Commission’s grant of (a) The purpose of part 1, subpart X (see part 25) is not required to comply is to implement policies and rules a modification or renewal of the license with the eligibility requirements to extend the license term, extend the pertaining to spectrum leasing pertaining to such a licensee so long as arrangements between licensees in the spectrum leasing arrangement into the the spectrum lessee meets the other new license term. The Commission services identified in this subpart and eligibility and qualification spectrum lessees. This subpart also must be notified of the extension of the requirements of paragraphs (d)(2)(ii) and spectrum leasing arrangement at the implements policies for private (d)(2)(iv) of this section. commons arrangements. These policies same time that the licensee submits the * * * * * and rules also implicate other application seeking an extended license (e) * * * term. In the event the parties to the Commission rule parts, including parts (2) * * * 1, 2, 20, 22, 24, 25, 26, 27, 80, 90, 95, arrangement agree to extend it into the (i) * * * new license term, the spectrum lessee and 101 of title 47, chapter I of the Code (A) The license does not involve of Federal Regulations. may continue to operate consistent with spectrum that may be used to provide the terms and conditions of the expired * * * * * interconnected mobile voice and/or data license, without further action by the ■ 3. Section 1.9005 is amended by services under the applicable service Commission, until such time as the revising the introductory text and by rules and that would, if the spectrum Commission makes a final adding paragraph (jj) to read as follows: leasing arrangement were determination with respect to the consummated, create a geographic § 1.9005 Included services. extension or renewal of the license. overlap with spectrum in any licensed (2) Reserved. The spectrum leasing policies and Wireless Radio Service (including the rules of this subpart apply to the same service), or in the ATC of a Mobile PART 2—FREQUENCY ALLOCATIONS following services, which include Satellite Service, in which the proposed AND RADIO TREATY MATTERS; Wireless Radio Services in which spectrum lessee already holds a direct GENERAL RULES AND REGULATIONS commercial or private licensees hold or indirect interest of 10% or more (see exclusive use rights and the Ancillary § 1.2112), either as a licensee or a ■ 6. The authority citation for part 2 Terrestrial Component (ATC) of a spectrum lessee, and that could be used continues to read as follows: Mobile Satellite Service: by the spectrum lessee to provide Authority: 47 U.S.C. 154, 302a, 303, and * * * * * interconnected mobile voice and/or data 336, unless otherwise noted. (jj) The ATC of a Mobile Satellite services; ■ Service (part 25 of this chapter). * * * * * 7. Section 2.106, the Table of Frequency Allocations, is amended as ■ 4. Section 1.9020 is amended by ■ 5. Add § 1.9049 to read as follows: revising paragraphs (d)(2)(i) and follows: (e)(2)(i)(A) to read as follows: § 1.9049 Special Provisions relating to ■ a. Page 36 is revised. spectrum leasing arrangements involving ■ b. In the list of United States (US) § 1.9020 Spectrum manager leasing the Ancillary Terrestrial Component of Footnotes, footnote US380 is revised. arrangements. Mobile Satellite Services. ■ c. In the list of non-Federal * * * * * (a) A license issued under part 25 of Government (NG) Footnotes, footnote (d) * * * the Commission’s rules that provides NG156 is removed and footnote NG168 (2) * * * authority for an ATC will be considered is revised.

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The revisions read as follows: § 2.106 Table of Frequency Allocations. * * * * *

* * * * * provisions of an MSS authorization. In § 25.149 Application requirements for the 2180–2200 MHz band, where the ancillary terrestrial components in the United States (US) Footnotes receipt date of the initial application for mobile-satellite service networks operating * * * * * facilities in the fixed and mobile in the 1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz US380 In the bands 1525–1544 MHz, services was prior to January 16, 1992, mobile-satellite service. 1545–1559 MHz, 1610–1645.5 MHz, said facilities shall operate on a primary * * * * * 1646.5–1660.5 MHz, and 2483.5–2500 basis and all later-applied-for facilities (g) Spectrum leasing. Leasing of MHz, a non-Federal licensee in the shall operate on a secondary basis to the spectrum rights by MSS licensees or mobile-satellite service (MSS) may also mobile-satellite service (MSS); and not system operators to spectrum lessees for operate an ancillary terrestrial later than December 9, 2013, all such ATC use is subject to the rules for component in conjunction with its MSS facilities shall operate on a secondary spectrum manager leasing arrangements network, subject to the Commission’s basis. (see § 1.9020) as set forth in part 1, rules for ancillary terrestrial component * * * * * and subject to all applicable conditions subpart X of the rules (see § 1.9001 et seq.). In addition, at the time of the and provisions of its MSS authorization. PART 25—SATELLITE filing of the requisite notification of a * * * * * COMMUNICATIONS spectrum manager leasing arrangement Non-Federal Government (NG) using Form 608 (see §§ 1.9020(e) and ■ 8. The authority citation for part 25 Footnotes 1.913(a)(5)), both parties to the proposed continues to read as follows: * * * * * arrangement must have a complete and Authority: 47 U.S.C. 701–744. Interprets or NG168 Except as permitted below, the accurate Form 602 (see § 1.913(a)(2)) on applies sections 4, 301, 302, 303, 307, 309 file with the Commission. use of the 2180–2200 MHz band is and 332 of the Communications Act, as limited to the MSS and ancillary amended, 47 U.S.C. Sections 154, 301, 302, [FR Doc. 2011–13379 Filed 5–27–11; 8:45 am] terrestrial component offered in 303, 307, 309 and 332, unless otherwise BILLING CODE 6712–01–P conjunction with an MSS network, noted. subject to the Commission’s rules for ancillary terrestrial components and ■ 9. Section 25.149 is amended by subject to all applicable conditions and adding paragraph (g) to read as follows:

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FEDERAL COMMUNICATIONS Distribution Program (NDBEDP) pilot sentence of § 64.610(c)(2)(ii) is corrected COMMISSION program in accordance with the to read: ‘‘An applicant’s functional Twenty-First Century Communications abilities with respect to using 47 CFR Part 64 and Video Accessibility Act (CVAA). telecommunications, Internet access, [CG Docket No. 10–210; FCC 11–56] DATES: Effective June 8, 2011. and advanced communications services FOR FURTHER INFORMATION CONTACT: in various environments shall be Relay Services for Deaf-Blind Rosaline Crawford, Consumer and considered when determining whether Individuals Governmental Affairs Bureau, Disability the individual is deaf-blind under AGENCY: Federal Communications Rights Office, at (202) 418–2075 or clauses (c)(2)(i)(B) and (C) of this Commission. e-mail [email protected]. section.’’ ACTION: Final rule; correction. SUPPLEMENTARY INFORMATION: In FR Doc. Federal Communications Commission. 2011–10228 published in the Federal Marlene H. Dortch, SUMMARY: The Federal Communications Register on Monday, May 9, 2011, 76 FR Commission (FCC) is correcting a final 26641, the following correction is made: Secretary. rule that appeared in the Federal [FR Doc. 2011–12680 Filed 5–27–11; 8:45 am] § 64.610 [Corrected] Register of May 9, 2011, 76 FR 26641. BILLING CODE 6712–01–P The document adopts rules to establish ■ 1. On page 26648, in the second the National Deaf-Blind Equipment column, paragraph 9, the second

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Proposed Rules Federal Register Vol. 76, No. 104

Tuesday, May 31, 2011

This section of the FEDERAL REGISTER subsection (f) to describe what may be for payment. We now print out a copy contains notices to the public of the proposed considered to be an acceptable of the completed application to send it issuance of rules and regulations. The signature. The amendment would add to the applicant for signature and return. purpose of these notices is to give interested two different types of acceptable Under attestation, we would instead use persons an opportunity to participate in the signatures. defined scripts like SSA uses to confirm rule making prior to the adoption of the final rules. The first alternate method of signature the applicant’s intent to file; attest to the that the proposed amendment to section reply by entering the answer in APPLE; 217.17 would allow is the use of a print the cover notice with penalty RAILROAD RETIREMENT BOARD personal identification number (PIN) clause and summary, and review it with assigned by the agency. the applicant over the telephone; release 20 CFR Part 217 The second alternate method is the case in APPLE for processing after the telephone review of the cover notice RIN 3220–AB64 referred to as an ‘‘alternative signature’’ or ‘‘signature proxy.’’ The purpose of is complete; and send the applicant a Application for Annuity or Lump Sum this proposal is to allow signature by cover notice and summary to keep. We attestation. Attestation refers to an would advise the applicant to review AGENCY: Railroad Retirement Board. action taken by an employee of the the cover notice and summary upon ACTION: Proposed rule. Railroad Retirement Board (RRB) to receipt, and contact the RRB promptly confirm and annotate the RRB records of if the applicant needs to make any SUMMARY: The Railroad Retirement (1) an applicant’s intent to file or corrections. Board (Board) proposes to amend its complete an application or related form, Attestation would end the return of regulations to allow alternative (2) the applicant’s affirmation under application documents to our offices, signature methods in addition to the penalty of perjury that the information reducing the volume of paper to be traditional pen-and-ink or ’’ wet’’ is correct, and (3) the applicant’s sorted, assigned, reviewed, input, signature in order to implement an agreement to sign the application or scanned and indexed by the RRB. electronic application process which related form. The Board expects that use The Board, with the concurrence of will eventually eliminate the need to of attestation to take RRA applications the Office of Management and Budget, retain paper applications and make the over the telephone will increase has determined that this is not a application process more convenient for efficiency and be more convenient for significant regulatory action under the individuals filing applications. RRB customers. Executive Order 12866, as amended. DATES: Submit comments on or before Before deciding to propose this Therefore, no regulatory impact analysis August 1, 2011. amendment, the Board’s Office of is required. There are no changes to the ADDRESSES: Address any comments Programs obtained information about information collections associated with concerning this proposed rule to alternative signature methods used by Part 217. Secretary to the Board, Railroad the Social Security Administration List of Subjects in 20 CFR Part 217 Retirement Board, 844 N. Rush Street, (SSA), since it administers a retirement Chicago, Illinois 60611–2092. Railroad employees, Railroad and disability program comparable to retirement. FOR FURTHER INFORMATION CONTACT: the Board’s programs under the Railroad For the reasons set out in the Marguerite P. Dadabo, Assistant General Retirement Act. The Office of Programs preamble, the Railroad Retirement Counsel, (312) 751–4945, TTD (312) also compared the current RRB Board proposes to amend title 20, 751–4701. application taking process with a chapter II, subchapter B, part 217 of the SUPPLEMENTARY INFORMATION: Section process using attestation to identify the Code of Federal Regulations as follows: 5(b) of the Railroad Retirement Act differences and determine how those (RRA) [45 U.S.C. 231d(b)] provides that differences affect the process. Based on PART 217—APPLICATION FOR an application for any payment under the information obtained from the ANNUITY OR LUMP SUM the Act ‘‘shall be made and filed in such comparison and from the SSA, it was manner and form as the Board may determined that attestation would 1. The authority citation for part 217 prescribe * * *’’ Currently, Part 217 of reduce our paper flow and handling and continues to read as follows: the Board’s regulations, which sets out would work well in our current Authority: 45 U.S.C. 231d and 45 U.S.C. the rules governing applications made environment where the Board’s Field 231f. under the RRA, anticipates that an Service already completes most 2. Section 217.17 is amended by application will include a signature on applications by telephone. revising the section heading and paper, even where the application itself Under both the current and proposed paragraph (a) and adding paragraph (f) may be completed electronically. systems, the RRB claims representative to read as follows: In order to provide better service to would identify a caller-applicant using our customers, the Board proposes to our existing protocol and complete an § 217.17 What is an acceptable signature. amend section 217.17 of its regulations application by interviewing the caller * * * * * in order to allow signature alternatives and entering the answers online into the (a) A claimant who is 18 years old or to the traditional pen-and-ink (‘‘wet’’) Application Express (APPLE) system. older, competent (able to handle his or signature. The Board proposes to change APPLE is an online system that her own affairs), and physically able to the current title of section 217.17, ‘‘Who automates the filing of applications for sign the application, must sign in his or may sign an application’’ to ‘‘What is an retirement and survivor benefits and her own handwriting, except as acceptable signature’’ and to add a new forwards the applications to the systems provided in paragraph (e) or paragraph

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(f) of this section. A parent or a person 1997 8-hour ozone National Ambient http://www.regulations.gov or e-mail. standing in place of a parent must sign Air Quality Standards (NAAQS or http://www.regulations.gov is an the application for a child who is not standards) and the 1997 fine particulate anonymous access system, and EPA will yet 18 years old, except as shown in matter (‘‘PM2.5’’) NAAQS. Section not know your identity or contact paragraph (d) of this section. 110(a)(2)(D)(i) of the CAA requires that information unless you provide it in the * * * * * each SIP contain adequate provisions to body of your comment. If you send e- (f) An acceptable signature may prohibit emissions that adversely affect mail directly to EPA, your e-mail include: air quality in other States through address will be automatically captured (1) A handwritten signature that interstate transport. EPA is proposing a and included as part of the public complies with the rules set out in limited approval and limited comment. If EPA cannot read your paragraphs (a), (b), (c), (d), or (e) of this disapproval of California’s SIP revision comment due to technical difficulties section; or for the 1997 8-hour ozone and 1997 and cannot contact you for clarification, (2) In the case of an application being PM2.5 NAAQS with respect to the EPA may not be able to consider your taken and processed in the Railroad requirement in CAA section comment. Retirement Board’s automated claims 110(a)(2)(D)(i)(II) that each SIP contain Docket: The index to the docket for system, an electronic signature, which adequate measures prohibiting this action is available electronically at shall consist of a personal identification emissions of air pollutants in amounts http://www.regulations.gov and in hard number (PIN) assigned by the Railroad which will interfere with other States’ copy at EPA Region IX, 75 Hawthorne Retirement Board as described in the measures required under title I, part C Street, San Francisco, California. While application instructions; or of the CAA to prevent significant all documents in the docket are listed in (3) An alternative signature or deterioration of air quality. Specifically, the index, some information may be signature proxy acceptable to the EPA is proposing to approve California’s publicly available only at the hard copy Railroad Retirement Board. An example SIP revision with respect to those location (e.g., copyrighted material), and of an alternative signature is attestation, Districts in California that implement some may not be publicly available in which refers to the action taken by a SIP-approved permit programs meeting either location (e.g., CBI). To inspect the Railroad Retirement Board (RRB) the approval criteria under CAA section hard copy materials, please schedule an employee of confirming and annotating 110(a)(2)(D)(i), as discussed in this appointment during normal business RRB records of the applicant’s intent to proposal. EPA is simultaneously hours with the contact listed directly file or complete an application or proposing to disapprove California’s SIP below. related form, the applicant’s affirmation revision with respect to those Districts FOR FURTHER INFORMATION CONTACT: Rory under penalty of perjury that the in California that do not implement SIP- Mays, Air Planning Office (AIR–2), U.S. information provided is correct, and the approved permit programs meeting Environmental Protection Agency, applicant’s agreement to sign the these approval criteria. For any District Region IX, (415) 972–3227, application or related form. for which we finalize a disapproval, [email protected]. * * * * * EPA intends to simultaneously SUPPLEMENTARY INFORMATION: Dated: May 20, 2011. promulgate a limited Federal Implementation Plan (‘‘FIP’’), as Throughout this document, the terms By Authority of the Board. discussed in this proposal, unless the ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Steven A. Bartholow, relevant area is already subject to a FIP. General Counsel. Table of Contents DATES: Written comments must be [FR Doc. 2011–13056 Filed 5–27–11; 8:45 am] received on or before June 30, 2011. I. Background BILLING CODE P II. What is the State process to submit these ADDRESSES: Submit your comments, materials to EPA? identified by Docket ID Number EPA– III. What is EPA’s evaluation of the State’s R09–OAR–2011–0211, by one of the submission? ENVIRONMENTAL PROTECTION following methods: A. Evaluation of Measures To Prevent AGENCY 1. http://www.regulations.gov: Follow Significant Deterioration for 1997 8-Hour Ozone NAAQS 40 CFR Part 52 the on-line instructions for submitting comments. B. Evaluation of Measures To Prevent [EPA–R09–OAR–2011–0211; FRL–9312–8] Significant Deterioration for 1997 PM2.5 2. E-mail: [email protected]. NAAQS 3. Fax: 415–947–3579. Approval and Promulgation of C. Evaluation of Measures To Prevent 4. Mail or deliver: Rory Mays (AIR–2), Significant Deterioration for Greenhouse Implementation Plans; State of U.S. Environmental Protection Agency, California; Interstate Transport of Gases Region IX, 75 Hawthorne Street, San D. Conclusion Regarding Measures To Pollution; Interference With Prevention Francisco, CA 94105–3901. Deliveries Prevent Significant Deterioration of Significant Deterioration are only accepted during the Regional IV. Proposed Action Requirement Office’s normal hours of operation. V. Statutory and Executive Order Reviews AGENCY: Environmental Protection Instructions: All comments will be I. Background Agency (EPA). included in the public docket without change and may be made available On July 18, 1997, EPA promulgated ACTION: Proposed rule. 1 online at http://www.regulations.gov, new standards for 8-hour ozone and SUMMARY: EPA is proposing a limited including any personal information 1 See 62 FR 38856. The level of the 1997 8-hour approval and limited disapproval of a provided, unless the comment includes ozone NAAQS is 0.08 parts per million (ppm). 40 State Implementation Plan (‘‘SIP’’) Confidential Business Information (CBI) CFR part 50.10. The 8-hour ozone standard is met revision submitted by the State of or other information whose disclosure is when the 3-year average of the annual 4th highest California on November 17, 2007, for restricted by statute. Information that daily maximum 8-hour ozone concentrations is 0.08 ppm or less (i.e., less than 0.085 ppm based on the the purpose of addressing the ‘‘transport you consider CBI or otherwise protected rounding convention in 40 CFR part 50 Appendix SIP’’ provisions of Clean Air Act should be clearly identified as such and I). This 3-year average is referred to as the ‘‘design (‘‘CAA’’) section 110(a)(2)(D)(i) for the should not be submitted through the value.’’

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2 fine particulate matter (‘‘PM2.5’’). This in a SIP submission that major sources summarized below (see section III of proposed action is in response to the and major modifications in the State are this proposed rule) and described in promulgation of these standards (the subject to Prevention of Significant more detail in the technical support ‘‘1997 8-hour ozone NAAQS’’ and Deterioration (‘‘PSD’’) and document (‘‘TSD’’) for this proposed ‘‘1997 PM2.5 NAAQS’’). This proposed Nonattainment New Source Review rule, which is available in the docket for action does not address the (‘‘NNSR’’) programs that implement this action. requirements of the 2006 PM NAAQS 4 2.5 current requirements. II. What is the State process to submit or the 2008 8-hour ozone NAAQS; those The PSD and NNSR permit programs these materials to EPA? standards will be addressed in future require preconstruction permits to actions. protect the air quality within each State CAA sections 110(a)(2) and 110(l) Section 110(a)(1) of the CAA requires and are designed to prohibit require that revisions to a SIP be states to submit SIPs to address a new construction of new major sources and adopted by the State after reasonable or revised NAAQS within three years major modifications at existing major notice and public hearing. EPA has after promulgation of such standards, or sources from contributing to promulgated specific procedural within such shorter period as EPA may nonattainment in surrounding areas, requirements for SIP revisions in 40 prescribe. Section 110(a)(2) lists the including nearby States. Specifically, a CFR part 51, subpart F. These elements that such new SIPs must PSD permit may not be issued unless requirements include publication of address, as applicable, including section the new or modified source notices, by prominent advertisement in 110(a)(2)(D)(i) which pertains to demonstrates that emissions from the the relevant geographic area, of a public interstate transport of certain emissions. construction or operation of the facility hearing on the proposed revisions, a The transport SIP provisions in will not cause or contribute to air public comment period of at least 30 section 110(a)(2)(D)(i) (also called ‘‘good pollution in any area that exceeds any days, and an opportunity for a public neighbor’’ provisions) require each State NAAQS or any maximum allowable hearing. On November 16, 2007, the California to submit a SIP that prohibits emissions increase (i.e., PSD increment). 42 U.S.C. Air Resources Board (‘‘CARB’’) that adversely affect another State in the 7475(a)(3); 40 CFR 51.166(k). An NNSR submitted the State Strategy for ways contemplated in the statute. permit may not be issued unless the California’s 2007 State Implementation Section 110(a)(2)(D)(i) identifies four new or modified source shows it has Plan to attain the 1997 8-hour ozone and distinct elements related to the obtained sufficient emissions reductions PM NAAQS (‘‘2007 State Strategy’’).6 evaluation of impacts of interstate to offset increases in emissions of the 2.5 Appendix C of the 2007 State Strategy, transport of air pollutants. In this pollutants for which an area is as modified by Attachment A,7 contains rulemaking EPA is addressing the third designated nonattainment, consistent California’s SIP revision to address the element of section 110(a)(2)(D)(i), which with reasonable further progress toward requires that each SIP contain adequate transport SIP requirements of CAA attainment. 42 U.S.C. 7503(a)(1); 40 CFR measures to prohibit emissions of air section 110(a)(2)(D)(i) for the 1997 8- 51.165(a)(3). pollutants from sources within the State hour ozone and PM2.5 NAAQS (‘‘2007 Because the PSD and NNSR in amounts that will interfere with any Transport SIP’’). CARB’s November 16, permitting programs require a other State’s measures required under 2007 submittal includes public process demonstration that new or modified title I, part C of the CAA to prevent documentation for the 2007 State sources will not cause or contribute to significant deterioration of air quality. Strategy, including the 2007 Transport air pollution in excess of the NAAQS in We refer to this requirement as ‘‘element SIP. In addition, the SIP revision neighboring States or that sources in (3)’’ of section 110(a)(2)(D)(i). includes documentation of a duly On August 15, 2006, EPA issued nonattainment areas procure offsets, noticed public hearing held on guidance (herein ‘‘2006 Guidance’’) to States may satisfy the requirement of September 27, 2007 on the proposed assist States and EPA Regional offices in section 110(a)(2)(D)(i)(II) regarding 2007 State Strategy. developing and evaluating, respectively, measures to prevent significant We find that the process followed by transport SIPs for the 1997 8-hour ozone deterioration of air quality by CARB in adopting the 2007 Transport 3 submitting SIPs confirming that major and PM2.5 NAAQS. As to element (3) of SIP complies with the procedural section 110(a)(2)(D)(i), the 2006 sources and major modifications in the requirements for SIP revisions under Guidance states that this requirement State are subject to PSD and NNSR CAA section 110 and EPA’s may be met by the State’s confirmation programs that implement current implementing regulations. requirements.

2 As such, we have evaluated See 62 FR 38652. The level of the 1997 PM2.5 ‘‘Action To Ensure Authority To Issue Permits NAAQS are 15.0 μg/m3 (annual arithmetic mean California’s PSD and NNSR Under the Prevention of Significant Deterioration concentration) and 65 μg/m3 (24-hour average preconstruction permitting programs to Program to Sources of Greenhouse Gas Emissions: concentration). 40 CFR part 50.7. The annual determine whether these programs Findings of Substantial Inadequacy and SIP Call; standard is met when the 3-year average of the Final Rule,’’ 75 FR 77698 (December 13, 2010); annual mean concentrations is 15.0 μg/m3 or less implement the 1997 8-hour ozone and ‘‘Limitation of Approval of Prevention of (i.e., less than 15.05 μg/m3 based on the rounding PM2.5 NAAQS. In addition, because Significant Deterioration Provisions Concerning convention in 40 CFR part 50 Appendix N Section stationary sources of greenhouse gas Greenhouse Gas-Emitting Sources in State 4.3). The 24-hour standard is met when the 3-year (‘‘GHG’’) emissions at or above certain Implementation Plans; Final Rule,’’ 75 FR 82536 average annual 98th percentile of 24-hour (December 30, 2010). concentrations is 65 μg/m3 or less (i.e., less than thresholds are now subject to PSD 6 See transmittal letter dated November 16, 2007, 65.5 μg/m3 based on the rounding convention in 40 permitting requirements, we have from James N. Goldstene, Executive Officer, CARB, CFR part 40 Appendix N Section 4.3). Id. These evaluated California’s PSD programs for to Wayne Nastri, Regional Administrator, EPA 3-year averages are referred to as the annual PM2.5 compliance with the requirements for Region 9, with enclosures, and CARB Resolution and 24-hour PM2.5 ‘‘design values,’’ respectively. 5 No. 07–28 (September 27, 2007). 3 Memorandum from William T. Harnett, GHG PSD authorities. Our evaluation is 7 See ‘‘Technical and Clarifying Modifications to Director, Air Quality Policy Division, OAQPS, April 26, 2007 Revised Draft Air Resources Board’s ‘‘Guidance for State Implementation Plan (SIP) 4 Id. at 6. Proposed State Strategy for California’s 2007 State Submissions to Meet Current Outstanding 5 For explanation of the GHG PSD permitting Implementation Plan and May 7, 2007 Revised Draft Obligations Under Section 110(a)(2)(D)(i) for the requirements, see ‘‘Prevention of Significant Appendices A through G,’’ included as Attachment 8-Hour Ozone and PM2.5 National Ambient Air Deterioration and Title V Greenhouse Gas Tailoring A to CARB’s Board Resolution 07–28 (September Quality Standards,’’ August 15, 2006. Rule; Final Rule,’’ 75 FR 31514 (June 3, 2010); 27, 2007).

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III. What is EPA’s evaluation of the extent of the State excluding Indian For the 12 Districts covering subpart State’s submission? country.10 The details of our evaluation 2 nonattainment areas, EPA has California’s 2007 Transport SIP states are provided in the TSD for this reviewed the SIP-approved NNSR rules that all areas of California are subject to proposed rule. and determined that all but three of some form of preconstruction permitting these SIP programs meet the approval A. Evaluation of Measures To Prevent criteria discussed above. See TSD at 9– program for ozone and PM2.5 and that Significant Deterioration for 1997 11. The three Districts in which the SIP- ‘‘[t]hese rules are as stringent, or more 8-Hour Ozone NAAQS stringent, than the federal approved NNSR programs do not preconstruction programs (PSD and Fifteen air quality planning areas in currently satisfy these program NNSR).’’ 8 The submittal also states that California are designated nonattainment requirements are the Feather River Air California is on track to submit SIP for the 1997 8-hour ozone NAAQS. See Quality Management District (‘‘AQMD’’), revisions to meet the PSD and NNSR 40 CFR 81.305. Twenty Districts Placer County Air Pollution Control requirements of the Phase 2 implement preconstruction permit District (‘‘APCD’’), and Sacramento Implementation Rule for the 1997 8- programs in these 15 nonattainment Metropolitan AQMD. These three hour ozone NAAQS (70 FR 71612, areas. See TSD at 9–12. Thirteen air agencies implement permit programs in November 29, 2005) (‘‘Phase 2 Rule’’) quality planning areas in California are the Sacramento Metro ozone and is implementing preconstruction designated unclassifiable/attainment for nonattainment area, which was initially designated and classified as serious programs for PM2.5 in accordance with the 1997 8-hour ozone standard. See 40 EPA’s October 23, 1997 guidance CFR 81.305. Twenty-three Districts nonattainment for the 1997 8-hour memorandum entitled ‘‘Interim implement preconstruction permit ozone NAAQS. 69 FR 23858 (April 30, 11 Implementation of New Source Review programs in these 13 unclassifiable/ 2004). In separate actions, EPA has proposed Requirements for PM2.5’’ (‘‘PM10 attainment areas. See TSD at 12, 13. Surrogate Policy’’). Finally, the to approve NNSR SIP revisions 1. 8-hour Ozone Nonattainment Areas submittal includes a list of local air submitted by the Placer County APCD ‘‘ ’’ districts that implement the PSD and The Phase 2 Rule requires specific ( Placer ), Feather River AQMD (‘‘Feather River’’), and Sacramento NNSR programs throughout the State. In revisions to States’ NNSR SIPs to Metropolitan AQMD (‘‘Sacramento’’) to sum, the 2007 Transport SIP asserts that implement the requirements of the CAA meet the approval criteria discussed California’s existing PSD and NNSR Amendments of 1990, as applicable above.12 See 76 FR 28944 (May 19, 2011) programs contain adequate measures to based on each area’s classification for and 76 FR 28942 (May 19, 2011). We prohibit emissions of air pollutants the 8-hour ozone standard. See 70 FR propose to determine that final approval which will interfere with any other 71612 at 71675, 71698–71699. of the required NNSR SIP revisions will State’s required measures under title I, Specifically, the Phase 2 Rule requires address element (3) of CAA section part C of the CAA, to prevent significant that NNSR SIPs apply all NNSR 110(a)(2)(D)(i) for the 1997 8-hour ozone deterioration of air quality, for the 1997 requirements for major sources of NAAQS for these Districts. 8-hour ozone and PM2.5 NAAQS. volatile organic compounds (VOCs) to The 2007 Transport SIP provides little Alternatively, for any of these Districts major sources of nitrogen oxides (NOX) for which we cannot finalize approval of information to support the State’s as well, except where a NOX waiver assertions regarding the adequacy of its the required NNSR provisions by our applies under section 182(f) of the Act. July 10, 2011 Consent Decree deadline 13 existing PSD and NNSR permit 40 CFR 51.165(a)(8). In addition, NNSR programs. Furthermore, the 2007 for final action on element (3) of the SIPs must include provisions 2007 Transport SIP, we propose to Transport SIP relied solely on EPA’s establishing the applicable major 2006 Guidance and, therefore, did not disapprove the 2007 Transport SIP and stationary source thresholds, significant to promulgate a limited NNSR FIP (for fully address certain implementation emissions rates, and offset ratios for requirements for the 1997 8-hour ozone the relevant District) based on VOCs and NOX based on each area’s Sacramento’s Rule 202 and the and PM2.5 NAAQS that are now relevant classification for the 8-hour ozone to our evaluation, as discussed further provisions of 40 CFR part 51, Appendix NAAQS. 40 CFR 51.165(a)(1)(iv), S identifying the major source below and in our TSD. We have, (a)(1)(v), (a)(1)(x), (a)(8), (a)(9). These therefore, conducted an independent threshold, significant emissions rate, SIP revisions were due June 15, 2007. 70 and offset ratio applicable to the area’s evaluation of California’s PSD and FR at 71683. NNSR programs in relation to specific 8-hour ozone classification. EPA would Among the 20 Districts that are implementation provisions for the 1997 retain authority to implement these entirely or partially designated 8-hour ozone and PM2.5 NAAQS that are necessary for approval of the 2007 nonattainment for the 1997 8-hour 11 In this action, we are evaluating the NNSR programs for these Districts in accordance with the Transport SIP. We conducted this ozone NAAQS, 12 Districts have nonattainment areas classified under requirements for ‘‘serious’’ ozone nonattainment evaluation for each of the 35 permitting areas. We note, however, that EPA reclassified the authorities (‘‘Districts’’) 9 in California, subpart 2 of part D, title I of the CAA. Sacramento Metro area as a ‘‘severe-15’’ which cover the entire geographic The remaining eight Districts and a nonattainment area for the 1997 8-hour ozone portion of a ninth District cover areas standard, effective June 4, 2010. 75 FR 24409 (May now referred to as ‘‘former subpart 1’’ 5, 2010). 8 See 2007 Transport SIP, Attachment A of 2007 12 These proposals address the NNSR State Strategy at 21–22 (modifying Appendix C of nonattainment for the 1997 8-hour requirements for ‘‘severe’’ ozone nonattainment 2007 State Strategy). ozone NAAQS. See 40 CFR 81.305; areas, which each of these Districts has submitted 9 Although EPA’s air quality designations for South Coast Air Quality Management in advance of the June 4, 2011 submittal deadline California in 40 CFR 81.305 are defined by planning established as part of EPA’s action to reclassify the areas, we discuss the relevant PSD and NNSR District v. EPA, 472 F.3d 882 (DC Cir. Sacramento Metro area from serious to severe-15 program requirements as they apply to the local 2006) (vacating certain elements of nonattainment for the 8-hour ozone standard. See permitting agencies that implement these EPA’s Phase 1 ozone implementation 75 FR 24409. requirements in each planning area. We use the rule), reh’g denied 489 F.3d 1245. 13 See WildEarth Guardians v. U.S. EPA (Case No. term ‘‘District’’ throughout this document to refer 4:09–CV–02453–CW), Consent Decree dated both to the local agency responsible for issuing November 10, 2009, as amended by Notice of PSD/NNSR permits and to the geographic area over 10 California’s SIP obligations under the CAA do Stipulated Extensions to Consent Decree Deadlines, which that agency has jurisdiction. not apply in Indian country. dated April 28, 2011.

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requirements for NOX and VOC elements for the areas’ subpart 2 North Coast, and Northern Sonoma) do emission sources in the relevant classifications one year after the not currently identify NOX as an ozone Districts (unless and until EPA delegates effective date of a final rule classifying precursor. However, by direct final rule such authority to the District), while the the areas). We propose to determine that on May 6, 2011, EPA approved PSD SIP District would retain authority to implementation of The Interpretative revisions submitted by Mendocino and continue implementing any existing Rule during this interim period Northern Sonoma to explicitly identify SIP-approved NNSR requirements. Our adequately addresses the requirements NOX as an ozone precursor. See 76 FR TSD describes the limited FIPs that we of element (3) of section 110(a)(2)(D)(i) 26192 and 76 FR 26224 (May 6, 2011). propose to promulgate for any District in these areas and that this discharges We propose to determine that these PSD for which we cannot finalize approval of EPA’s obligation to promulgate a FIP for SIP revisions satisfy the requirements of the required NNSR SIP revisions by July these limited purposes. This proposal element (3) of CAA section 10, 2011. See TSD at 10, 11. applies only to our FIP obligation in this 110(a)(2)(D)(i) for the 1997 8-hour ozone For the nine Districts covering particular circumstance and should not NAAQS in these Districts. If, however, ‘‘former subpart 1’’ nonattainment areas, be construed as an interpretation of our either of these approvals is withdrawn we have reviewed the existing SIPs and obligations in other nonattainment areas and does not become effective by our determined that two of the SIP- where The Interpretative Rule currently July 10, 2011 Consent Decree deadline approved NNSR programs in these areas applies under 40 CFR 52.24(k). See TSD for final action on element (3) of the (for Eastern Kern APCD and San Diego at 12. 2007 Transport SIP, we propose to County APCD) implement the 1997 8- disapprove the 2007 Transport SIP for 2. 8-Hour Ozone Unclassifiable/ hour ozone NAAQS. We propose to the relevant area and to promulgate a Attainment Areas determine that the existing NNSR limited PSD FIP based on the provisions programs for these two former subpart 1 For areas designated unclassifiable/ of 40 CFR 52.21 identifying NOX as an areas are, therefore, adequate to address attainment for the 1997 8-hour ozone ozone precursor. EPA would retain element (3) of section 110(a)(2)(D)(i) for NAAQS, the Phase 2 Rule requires authority to implement the applicable this standard. See TSD at 11. revisions to PSD SIPs to require explicit requirements of 40 CFR 52.21 for NOX The remaining seven Districts, which identification of NOX as an ozone emission sources in the relevant area cover five former subpart 1 areas precursor. 70 FR 71612 at 71679, (unless and until EPA delegates such (Central Mountain Counties, Chico, 71699–71700; 40 CFR 51.166(b)(1)(ii), authority to the District), while the Southern Mountain Counties, Sutter (b)(2)(ii), (b)(23)(i), (b)(49)(i). These SIP District would retain authority to Buttes, and Western Nevada County), revisions were due June 15, 2007. 70 FR continue implementing any existing are currently subject to the NNSR at 71683. In areas subject to the Federal SIP-approved PSD requirements. See permitting requirements in The PSD program in 40 CFR 52.21, EPA’s TSD at 13. Interpretative Rule (40 CFR part 51 revisions to 40 CFR 52.21 (including Finally, although North Coast has also Appendix S), except that the waiver regulation of NOX as an ozone submitted PSD SIP revisions to address provisions in section VI of 40 CFR part precursor) became effective January 30, this requirement, among others, we are 51 Appendix S no longer apply. See 2006. 70 FR 71612 at 71683. proposing to disapprove the 2007 Phase 2 Rule, 75 FR 71612 (November Fifteen Districts and portions of eight Transport SIP with respect to element 29, 2005) and NRDC v. EPA, 571 F. 3d additional Districts in California are (3) of CAA section 110(a)(2)(D)(i) for the 1245 (DC Cir. 2009) (vacating EPA’s designated unclassifiable/attainment for 1997 8-hour ozone NAAQS and to elimination of the 18-month limitation the 1997 8-hour ozone NAAQS. All but promulgate a limited PSD FIP for North in 40 CFR part 52.24(k) with respect to four of these Districts are currently Coast because we do not expect to the waiver provisions in section VI of 40 subject to the Federal PSD program in finalize approval of that PSD submittal CFR part 51 Appendix S). See TSD at 40 CFR 52.21. 40 CFR 52.270. The by our July 10, 2011 Consent Decree 11, 12. The California SIP remains California SIP remains deficient for deadline for final action on element (3) deficient for purposes of 8-hour ozone purposes of 8-hour ozone PSD of the 2007 Transport SIP. Thus, for NNSR requirements in these five former requirements in those areas subject to North Coast, we are proposing to subpart 1 areas that do not yet have the Federal PSD program. Because EPA promulgate a limited PSD FIP based on approved NNSR programs under part D, has already promulgated a PSD FIP for the provisions of 40 CFR 52.21 title I of the Act. Thus, we propose to these areas, however, no further action regulating NOX as an ozone precursor. disapprove the 2007 Transport SIP with is required to address element (3) of EPA would retain authority to respect to element (3) of CAA section CAA section 110(a)(2)(D)(i) for the 1997 implement the applicable requirements 110(a)(2)(D)(i) for the 1997 8-hour ozone 8-hour ozone NAAQS in these areas. of 40 CFR 52.21 for NOX emission NAAQS for the seven Districts covering We reviewed the PSD rules for the sources in North Coast (unless and until these five former subpart 1 areas. four Districts with SIP-approved EPA delegates such authority to the As discussed above, however, all of programs for ozone (Mendocino County District), while the District would retain these areas are currently subject to AQMD (‘‘Mendocino’’), Monterey Bay authority to continue implementing any NNSR permitting requirements under Unified APCD (‘‘Monterey’’), North existing SIP-approved PSD The Interpretative Rule in 40 CFR part Coast Unified AQMD (‘‘North Coast’’), requirements. See TSD at 13. This 51, Appendix S, except for the waiver and Northern Sonoma County APCD limited FIP would apply only until EPA provisions in section VI. These (‘‘Northern Sonoma’’)). Of these, only approves a PSD SIP revision for North permitting provisions will continue to Monterey’s existing SIP PSD program Coast addressing this requirement. apply in these areas until the State identifies NOX as an ozone precursor. submits and EPA approves NNSR SIP We propose to approve the 2007 B. Evaluation of Measures To Prevent revisions addressing the subpart 2 Transport SIP with respect to element Significant Deterioration for 1997 PM2.5 NNSR requirements that will apply (3) of CAA section 110(a)(2)(D)(i) for the NAAQS following EPA’s classification of each 1997 8-hour ozone NAAQS for Two air quality planning areas in area under subpart 2. See 74 FR 2936 Monterey. See TSD at 12, 13. California (the San Joaquin Valley and (January 16, 2009) (proposing to require The SIP-approved PSD programs for the Los Angeles-South Coast Air Basin) States to submit all required SIP the other three Districts (Mendocino, are designated nonattainment for the

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1997 PM2.5 NAAQS. See 40 CFR 81.305. adequately addresses the 1997 PM2.5 Provisions Concerning Greenhouse Gas Two Districts (San Joaquin Valley APCD NAAQS. See TSD at 13, 14. Emitting-Sources in State Implementation Plans (‘‘PSD SIP and South Coast AQMD) implement 2. PM Unclassifiable/Attainment 2.5 Narrowing Rule’’) (75 FR 82536, Dec. preconstruction permit programs in Areas these two nonattainment areas. See TSD 30, 2010). In the PSD SIP Narrowing at 13, 14. Twenty-five air quality For areas designated unclassifiable/ Rule, EPA withdrew its previous planning areas that cover the rest of the attainment for the 1997 PM2.5 NAAQS, approval of California’s PSD programs State are designated unclassifiable/ the PM2.5 NSR Rule establishes new PSD for these three Districts to the extent requirements under 40 CFR 51.166 for attainment for the 1997 PM NAAQS. that the programs applied PSD permit 2.5 SIP-approved PSD programs to See 40 CFR 81.305. Thirty-four Districts requirements to GHG emissions implement the new PM2.5 requirements. increases from GHG-emitting sources implement preconstruction permit These SIP revisions were due May 16, programs in these 25 unclassifiable/ below the thresholds set in EPA’s June 2011. 73 FR 28321 at 28341 (May 16, 3, 2010 Prevention of Significant attainment areas. See TSD at 14, 15. 2008). In areas subject to the Federal Deterioration and Title V Greenhouse 1. PM2.5 Nonattainment Areas PSD program in 40 CFR 52.21, the PM2.5 Gas Tailoring Rule (‘‘Tailoring Rule’’) requirements of 40 CFR 52.21 became (75 FR 31514). California’s 2007 For areas designated nonattainment effective July 15, 2008. 73 FR at 28340, Transport SIP relies, in part, on the PSD for the 1997 PM2.5 NAAQS, the NSR 28343. programs for Mendocino, North Coast, Implementation Rule for PM2.5, 73 FR Thirty-four Districts implement and Northern Sonoma as of November 28321 (May 16, 2008) (‘‘PM2.5 NSR preconstruction permit programs in the 2007—which was before December 30, Rule’’), establishes new requirements 25 air quality planning areas designated 2010, the effective date of the PSD SIP under 40 CFR part 51.165 for States to as unclassifiable/attainment for the 1997 Narrowing Rule—to satisfy element (3) include in their SIP-approved NNSR PM2.5 NAAQS. In all but five of these of CAA section 110(a)(2)(D)(i). On April Districts, the Federal PSD program in 40 programs to address the PM2.5 NAAQS. 21, May 5, and May 9 of 2011, These NNSR SIP revisions were due CFR 52.21 applies. 40 CFR 52.270. respectively, Mendocino, Northern May 16, 2011. See 73 FR 28321 (May 16, Under the PM2.5 NSR Rule, the PM2.5 Sonoma, and North Coast each 2008). Under 40 CFR part 52.24(k), requirements of 40 CFR 52.21 became submitted letters clarifying that the 2007 during the period of time allowed for applicable in these 29 Districts as of July Transport SIP should be read with 15, 2008, including regulation of SO States to amend their existing NNSR 2 respect to CAA section 110(a)(2)(D)(i)(II) and NO as precursors. See 73 FR at programs to address the new PM X to reflect each of their PSD programs as 2.5 28340, 28343 (May 16, 2008). Because requirements, States are allowed to rely they are currently Federally approved as the California SIP remains deficient on the procedures under 40 CFR part 51 a result of the PSD SIP Narrowing Rule, with respect to PSD requirements in 16 Appendix S (‘‘The Interpretative Rule’’) 75 FR 82536 (Dec. 30, 2010). EPA these areas generally, we propose to proposes, therefore, to fully approve the to issue permits to new or modified disapprove the 2007 Transport SIP with major stationary sources proposing to 2007 Transport SIP for Mendocino, 14 respect to element (3) of CAA section North Coast, and Northern Sonoma with locate in a PM2.5 nonattainment area. 110(a)(2)(D)(i) for the 1997 PM2.5 respect to element (3) of CAA section Both the San Joaquin Valley APCD and NAAQS for these areas. Because EPA 110(a)(2)(D)(i). South Coast AQMD have confirmed to has already promulgated a PSD FIP for In addition, Monterey has confirmed EPA that they are implementing and these areas, however, no further action that its SIP provides GHG PSD will continue to implement the is required to address element (3) of permitting authority at thresholds requirements of The Interpretative Rule CAA section 110(a)(2)(D)(i) for the 1997 consistent with the Tailoring Rule. See to any prospective project that triggers PM2.5 NAAQS in these areas. Monterey Bay Unified APCD, Rule 207 PM2.5 NSR requirements during this The remaining five Districts (as approved February 4, 2000, 65 FR interim period.15 Thus, with respect to (Mendocino, Monterey, North Coast, 5433); see also letter dated July 28, element (3) of CAA section Northern Sonoma, and Sacramento) 2010, from Richard Stedman, Monterey 110(a)(2)(D)(i) for the 1997 PM2.5 have SIP-approved PSD programs. We Bay Unified APCD to Jared Blumenfeld, NAAQS, we propose to approve the have reviewed the PSD rules for each of EPA Region 9, re: ‘‘Implementation of 2007 Transport SIP for the San Joaquin these Districts and determined that all Greenhouse Gas Tailoring Rule.’’ We Valley and the Los Angeles-South Coast five of these SIP PSD programs require propose, therefore, to fully approve the Air Basin based on a determination that owners and operators of sources and 2007 Transport SIP for Monterey with current implementation of The permitting authorities to conduct respect to element (3) of CAA section Interpretative Rule in these areas permit-related PM2.5 analyses. We 110(a)(2)(D)(i). propose to approve the 2007 Transport Finally, Sacramento was subject to 14 Note that for purposes of the 1997 PM2.5 SIP with respect to element (3) of CAA EPA’s recently promulgated rule, NAAQS, the waiver provisions in section VI of 40 section 110(a)(2)(D)(i) for the 1997 PM2.5 Findings of Substantial Inadequacy and CFR part 51 Appendix S expired in October 2006, NAAQS for these areas based on a SIP Call (‘‘PSD GHG SIP Call’’) (75 FR i.e., 18 months after the April 2005 effective date 77698, Dec. 13, 2010). In the PSD GHG of each area’s designation as nonattainment for this determination that these five SIP- standard. See Phase 2 Rule, 75 FR 71612 (November approved PSD programs implement the SIP Call, EPA determined that 29, 2005) and NRDC v. EPA, 571 F. 3d 1245 (DC 1997 PM2.5 NAAQS. See TSD at 14, 15. Cir. 2009) (vacating EPA’s elimination of the 18- 16 See letter dated April 21, 2011, from month limitation in 40 CFR 52.24(k) with respect C. Evaluation of Measures To Prevent Christopher D. Brown, APCO, Mendocino County to the waiver provisions in section VI of 40 CFR Significant Deterioration for Greenhouse AQMD, to Gerardo Rios, EPA Region 9, re: part 51 Appendix S). Gases ‘‘Clarification of the 2007 Transport SIP as it relates 15 See Policy Memorandum Dated October 27, to the PSD Program in Mendocino County’’; letter 2009, ‘‘San Joaquin Valley Unified APCD: Interim Three Districts (Mendocino, North dated May 5, 2011, from Barbara A. Lee, Northern New Source Review Requirements for PM2.5’’; e- Coast, and Northern Sonoma) were Sonoma APCD, to Gerardo Rios, EPA Region 9, re: mail dated September 4, 2010, from Mohsen ‘‘Clarification of the CA Transport SIP submittal’’; Nazemi, South Coast AQMD to Gerardo Rios, U.S. subject to EPA’s recently promulgated letter dated May 9, 2011, from Richard Martin, EPA Region 9, ‘‘Appendix S Implementation of NSR rule, Limitation of Approval of APCO, North Coast Unified AQMD, to Gerardo for PM2.5.’’ Prevention of Significant Deterioration Rios, EPA Region 9.

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Sacramento’s PSD program was meet the approval criteria discussed sources only, unless and until it substantially inadequate because it did above, we propose to approve the 2007 delegates such authority to the District. not apply to GHG-emitting sources, and Transport SIP if we finalize approval of For North Coast, we propose to established a deadline of January 31, the required NNSR SIP revisions by our disapprove the 2007 Transport SIP and 2011, for Sacramento to submit its July 10, 2011 deadline for final action to promulgate a limited PSD FIP for corrective SIP revision. Sacramento on element (3) of the 2007 Transport NOX emission sources only, as submitted the corrective SIP revision on SIP. Alternatively, for any of these discussed above. For the rest of the January 28, 2011, and in a separate Districts for which we cannot approve State, which is designated action EPA has proposed to approve the required NNSR SIP revision by our unclassifiable/attainment for the 1997 8- that SIP revision. See 76 FR 28942 (May July 10, 2011 deadline, we propose to hour ozone NAAQS and subject to the 19, 2011). We propose, therefore, to disapprove the 2007 Transport SIP with Federal PSD program in 40 CFR 52.21, fully approve the 2007 Transport SIP for respect to element (3) of CAA section we propose to disapprove the 2007 Sacramento with respect to element (3) 110(a)(2)(D)(i) for the 1997 8-hour ozone Transport SIP but to determine that no of CAA section 110(a)(2)(D)(i) if NAAQS and to promulgate a limited further action is required to address Sacramento’s corrective SIP revision to NNSR FIP addressing the relevant element (3) of CAA section address GHG permitting requirements requirements. 110(a)(2)(D)(i) because EPA has already receives final EPA approval. For two Districts 19 with ‘‘former promulgated a PSD FIP for these areas. All other areas in California are subpart 1’’ nonattainment areas that We propose the following actions subject to current Federal PSD implement SIP-approved NNSR with respect to element (3) of CAA requirements for GHG emissions in 40 programs meeting the approval criteria section 110(a)(2)(D)(i) for the 1997 PM2.5 CFR 52.21. Because the California SIP discussed above, we propose to approve NAAQS. For two Districts 22 that are remains deficient for purposes of GHG the 2007 Transport SIP. For seven designated nonattainment, we propose PSD requirements in these areas, we Districts 20 with ‘‘former subpart 1’’ to approve the 2007 Transport SIP based propose to disapprove the 2007 nonattainment areas that do not yet on a determination that implementation Transport SIP with respect to element have SIP-approved NNSR programs, we of The Interpretative Rule during the (3) of CAA section 110(a)(2)(D)(i) for propose to disapprove the 2007 SIP-development period adequately these areas. Because these areas are Transport SIP but to determine that addresses the requirements of element already subject to the Federal PSD implementation of The Interpretative (3) of CAA section 110(a)(2)(D)(i). For program, however, we propose to Rule during this interim period pending five Districts 23 that are designated determine that no further action is EPA’s final subpart 2 classifications of unclassifiable/attainment and that have required to address element (3) of CAA these areas adequately addresses the SIP-approved PSD programs meeting the section 110(a)(2)(D)(i) in these areas. See requirements of element (3) of CAA approval criteria discussed above, we TSD at 15, 16. section 110(a)(2)(D)(i) and, therefore, propose to approve the 2007 Transport discharges EPA’s obligation to SIP. For the rest of the State, which is D. Conclusion Regarding Measures To promulgate a FIP for these limited designated unclassifiable/attainment Prevent Significant Deterioration purposes. and subject to the Federal PSD program Based on our review of the NNSR and For Monterey, which is designated in 40 CFR 52.21, we propose to PSD programs that currently apply in unclassifiable/attainment and has a SIP- disapprove the 2007 Transport SIP but each of California’s 35 Districts, we approved PSD program meeting the to determine that no further action is propose a limited approval and limited approval criteria discussed above, we required to address element (3) of CAA disapproval of the 2007 Transport SIP propose to approve the 2007 Transport section 110(a)(2)(D)(i) because EPA has with respect to the requirement in CAA SIP. For two Districts 21 with already promulgated a PSD FIP for these section 110(a)(2)(D)(i) to prohibit unclassifiable/attainment areas for areas. emissions of air pollutants which will which we have recently approved PSD Finally, with respect to PSD authority interfere with other States’ required SIP revisions meeting these to regulate GHGs, we propose to take the measures to prevent significant requirements by direct final rule, we following actions. For three Districts 24 deterioration of air quality for the 1997 propose to approve the 2007 Transport that were subject to the PSD SIP 8-hour ozone and 1997 PM2.5 NAAQS. SIP. If, however, either of these direct Narrowing Rule (75 FR 82536, Dec. 30, Specifically, we propose the following final rules is withdrawn and does not 2010), we propose to fully approve the actions with respect to element (3) of become effective by our July 10, 2011 2007 Transport SIP with respect to CAA section 110(a)(2)(D)(i) for the 1997 Consent Decree deadline for final action element (3) of CAA section 8-hour ozone NAAQS. For nine on element (3) of the 2007 Transport 110(a)(2)(D)(i) based on the Districts’ Districts 17 that are designated SIP, we propose to disapprove the 2007 letters clarifying that the 2007 Transport nonattainment and classified under Transport SIP for the relevant District SIP should be read with respect to CAA subpart 2 of part D, title I of the CAA and to promulgate a limited PSD FIP for section 110(a)(2)(D)(i)(II) to reflect each and that have SIP-approved NNSR that District based on the provisions of of their PSD programs as they are programs meeting the approval criteria 40 CFR 52.21 identifying NOX as an currently Federally approved as a result discussed above, we propose to approve ozone precursor. EPA would retain of the PSD SIP Narrowing Rule. For the 2007 Transport SIP. For three authority to implement the Monterey, which has confirmed that its Districts 18 with nonattainment areas requirements of 40 CFR 52.21 in the SIP provides GHG PSD permitting classified under subpart 2 for which relevant District, for NOX emission authority at thresholds consistent with NNSR SIP revisions are necessary to 19 Eastern Kern APCD and San Diego County 22 San Joaquin Valley APCD and South Coast 17 Antelope Valley AQMD, Bay Area AQMD, El APCD. AQMD (excluding Coachella Valley part). Dorado APCD, Imperial County APCD, Mojave 20 Amador County APCD, Butte County AQMD, 23 Mendocino County AQMD, Monterey Bay Desert AQMD, San Joaquin Valley APCD, South Calaveras County APCD, Feather River AQMD, Unified AQMD, North Coast Unified AQMD, Coast District, Ventura County APCD, and Yolo- Northern Sierra AQMD, Mariposa County APCD, Northern Sonoma County APCD, and Sacramento Solano AQMD. and Tuolumne County APCD. Metropolitan AQMD. 18 Placer County APCD, Feather River AQMD, and 21 Mendocino County AQMD and Northern 24 Mendocino County AQMD, Monterey Bay Sacramento Metropolitan AQMD. Sonoma County APCD. Unified AQMD, and North Coast Unified AQMD.

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the Tailoring Rule, we propose to fully triggered. Disapproval of a required SIP rule subject to notice and comment approve the 2007 Transport SIP with revision also triggers the requirement rulemaking requirements under the respect to element (3) of CAA section under CAA section 110(c) that EPA Administrative Procedures Act or 110(a)(2)(D)(i). For Sacramento, which promulgate a FIP no later than 2 years another statute unless the agency was subject to the PSD GHG SIP Call (75 from the date of the disapproval unless certifies that the rule will not have a FR 77698, Dec. 13, 2010), we propose to the State corrects the deficiency, and the significant economic impact on a fully approve the 2007 Transport SIP Administrator approves the plan or plan substantial number of small entities. with respect to element (3) of CAA revision before the Administrator Small entities include small businesses, section 110(a)(2)(D)(i) if Sacramento’s promulgates such FIP. For any District small not-for-profit enterprises, and corrective SIP revision to address GHG in California for which we finalize a small governmental jurisdictions. permitting requirements receives final disapproval of the 2007 Transport SIP, For purposes of assessing the impacts EPA approval. For all other areas in EPA intends to simultaneously of this proposal on small entities, small California, which are subject to the promulgate a limited PSD or NNSR FIP, entity is defined as: (1) A small business Federal PSD program in 40 CFR 52.21, as discussed in this proposal, unless the that is a small industrial entity as we propose to disapprove the 2007 relevant area is already subject to the defined in the U.S. Small Business Transport SIP but to determine that no Federal PSD program in 40 CFR 52.21. Administration (SBA) size standards further action is required to address This proposed action does not apply (See 13 CFR 121.201); (2) a small element (3) of CAA section to the remaining three elements of CAA governmental jurisdiction that is a 110(a)(2)(D)(i) because EPA has already section 110(a)(2)(D)(i) regarding government of a city, county, town, promulgated a PSD FIP for these areas. significant contribution to school district, or special district with a For a more detailed discussion of each nonattainment in any other State, population of less than 50,000; or (3) a of these proposed actions, see our TSD. interference with maintenance in any small organization that is any not-for- profit enterprise that is independently IV. Proposed Action other State, and interference with measures required to protect visibility owned and operated and is not As authorized in CAA sections in any other State. In separate actions, dominant in its field. 110(k)(3) and 301(a), EPA is proposing EPA has fully approved the 2007 After considering the economic a limited approval and limited Transport SIP for purposes of these impacts of this proposed rule on small disapproval of the 2007 Transport SIP three additional elements of CAA entities, I certify that this action will not with respect to the requirement in CAA section 110(a)(2)(D)(i). See Final Rule have a significant economic impact on section 110(a)(2)(D)(i) to prohibit signed May 9, 2011, ‘‘Approval and a substantial number of small entities. emissions of air pollutants in amounts Promulgation of Air Quality Although this rule may eventually lead which will interfere with any other Implementation Plans; State of to Federal permitting requirements for a State’s measures required under title I, handful of sources, EPA believes that in California; Regional Haze State part C of the CAA to prevent significant such an event, there will not be a Implementation Plan and Interstate deterioration of air quality. CARB significant economic impact on the Transport Plan; Interference with submitted the 2007 Transport SIP on potentially affected sources and that any Visibility Requirement’’; Final Rule November 17, 2007, to address the such impacts would not affect a signed May 10, 2011, ‘‘Approval and requirements of CAA section substantial number of sources, Promulgation of Implementation Plans; 110(a)(2)(D)(i) for the 1997 8-hour ozone regardless of size. In this proposal, EPA State of California; Interstate Transport and 1997 PM2.5 NAAQS. Specifically, is not proposing any requirements of Pollution; Significant Contribution to for those Districts in California that beyond those with which existing Nonattainment and Interference with implement SIP-approved PSD or NNSR sources are already required to comply. permit programs meeting the approval Maintenance Requirements.’’ In the case of Mendocino and criteria discussed above, EPA is EPA is soliciting public comments on Northern Sonoma, EPA has already proposing to approve the 2007 this proposal and will accept comments separately approved, by direct final rule, Transport SIP with respect to element until the date noted in the DATES section the SIP revisions necessary to make (3) of CAA section 110(a)(2)(D)(i). For above. NOx a precursor for ozone under the those Districts in California with SIP- V. Statutory and Executive Order SIP-approved PSD program. For these approved PSD or NNSR permit Reviews areas, EPA is only proposing a narrow programs that do not meet the approval FIP to take effect in the event that EPA criteria discussed above, or that are A. Executive Order 12866, Regulatory receives adverse comment that require subject to the Federal PSD program in Planning and Review additional notice and comment 40 CFR 52.21, EPA is simultaneously The Office of Management and Budget rulemaking to take final action on those proposing to disapprove the 2007 (OMB) has exempted this regulatory SIP submissions. In this action, EPA is Transport SIP with respect to element action from Executive Order 12866, proposing a FIP that would effectively (3) of CAA section 110(a)(2)(D)(i) and to entitled ‘‘Regulatory Planning and only impose a Federal requirement that promulgate limited FIPs as appropriate. Review.’’ sources in these districts must already Under section 179(a) of the CAA, final meet pursuant to existing state or local disapproval of a submittal that B. Paperwork Reduction Act requirements. For this reason, EPA does addresses a requirement of part D, title This action does not impose an not anticipate that such sources would I of the CAA (CAA sections 171–193) or information collection burden under the be subject to any additional burden as is required in response to a finding of provisions of the Paperwork Reduction a result of such a FIP and we expect that substantial inadequacy as described in Act, 44 U.S.C. 3501 et seq. Burden is if there is any such burden, it would be CAA section 110(k)(5) (SIP Call) starts a defined at 5 CFR 1320.3(b). minimal. Accordingly, EPA does not sanctions clock. The 2007 Transport SIP believe that such a FIP would have a C. Regulatory Flexibility Act was not submitted to meet either of significant economic impact on any these requirements. Therefore, if we The Regulatory Flexibility Act (RFA) sources in these areas, regardless of size. take final action to disapprove this generally requires an agency to prepare In the case of North Coast, EPA has submittal, no sanctions will be a regulatory flexibility analysis of any not yet proposed to approve the SIP

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revision necessary to make NOx a alternative that achieves the objectives implementing a Federal standard, and precursor for ozone in the context of of the rule and is consistent with does not alter the relationship or the PSD permitting. For this area, EPA is statutory requirements. Section 203 distribution of power and likewise only proposing a narrow FIP to requires EPA to establish a plan for responsibilities established in the Clean fill the gap with respect to requiring informing and advising any small Air Act. Thus, the requirements of PSD permits to address NOx as a governments that may be significantly section 6 of the Executive Order do not precursor for ozone. To EPA’s or uniquely impacted by the rule. apply to this rule. knowledge, in the past ten years there EPA has determined that the approval have been no major sources or major action proposed does not include a F. Executive Order 13175, Coordination modifications in this area subject to PSD Federal mandate that may result in With Indian Tribal Governments permitting requirements for NOx estimated costs of $100 million or more Executive Order 13175, entitled emissions. EPA does not anticipate that to either State, local, or Tribal ‘‘Consultation and Coordination with there will be additional sources that governments in the aggregate, or to the Indian Tribal Governments’’ (65 FR would require such a permit in the private sector. This Federal action 67249, November 9, 2000), requires EPA future, and EPA is not required to proposes to approve pre-existing to develop an accountable process to analyze theoretical future impacts. It requirements under State or local law, ensure ‘‘meaningful and timely input by would be speculative to estimate and imposes no new requirements. tribal officials in the development of potential impacts on sources based Accordingly, no additional costs to regulatory policies that have tribal solely on theoretical future sources. State, local, or Tribal governments, or to implications.’’ This proposed rule does Based on this fact, EPA does not believe the private sector, result from this not have Tribal implications, as that such a FIP would have an impact action. specified in Executive Order 13175. It on a substantial number of sources, E. Executive Order 13132, Federalism will not have substantial direct effects regardless of size. on Tribal governments, on the EPA is also proposing a FIP for the Federalism (64 FR 43255, August 10, relationship between the Federal Feather River, Placer, and Sacramento 1999) revokes and replaces Executive government and Indian Tribes, or on the areas, to take effect in the event that Orders 12612 (Federalism) and 12875 distribution of power and EPA is not able to finalize its proposed (Enhancing the Intergovernmental responsibilities between the Federal approval of SIP submissions for these Partnership). Executive Order 13132 government and Indian Tribes. Thus, areas with respect to the nonattainment requires EPA to develop an accountable Executive Order 13175 does not apply NSR permitting requirements for ozone. process to ensure ‘‘meaningful and to this rule. The affected sources in these three areas timely input by State and local officials EPA specifically solicits additional are already required to meet essentially in the development of regulatory comment on this proposed rule from the same applicable requirements under policies that have federalism Tribal officials. state or local regulations contained implications.’’ ‘‘Policies that have within the SIP submissions that EPA federalism implications’’ is defined in G. Executive Order 13045, Protection of has proposed to approve, even if EPA the Executive Order to include Children From Environmental Health were not to finalize the approval of such regulations that have ‘‘substantial direct Risks and Safety Risks regulations into the SIPs for these areas. effects on the States, on the relationship EPA interprets Executive Order 13045 Because the sources are already required between the national government and (62 FR 19885, April 23, 1997) as to comply with the same substantive the States, or on the distribution of applying only to those regulatory requirements by existing regulatory power and responsibilities among the actions that concern health or safety regimes, the proposed FIPs would not various levels of government.’’ Under risks, such that the analysis required impose an additional burden. Thus, in Executive Order 13132, EPA may not under section 5–501 of the Executive these circumstances, EPA believes that issue a regulation that has federalism Order has the potential to influence the were it to impose such a FIP on any of implications, that imposes substantial regulation. This rule is not subject to these areas in the final action on this direct compliance costs, and that is not Executive Order 13045, because it proposal, it would not impose a required by statute, unless the Federal approves a State rule implementing a significant economic impact on any government provides the funds Federal standard. source, regardless of size. necessary to pay the direct compliance We continue to be interested in the costs incurred by State and local H. Executive Order 13211, Actions That potential impacts of the proposed rule governments, or EPA consults with Significantly Affect Energy Supply, on small entities and welcome State and local officials early in the Distribution, or Use comments on issues related to such process of developing the proposed This rule is not subject to Executive impacts. regulation. EPA also may not issue a Order 13211, ‘‘Actions Concerning regulation that has federalism Regulations That Significantly Affect D. Unfunded Mandates Reform Act implications and that preempts State Energy Supply, Distribution, or Use’’ (66 Under sections 202 of the Unfunded law unless the Agency consults with FR 28355, May 22, 2001) because it is Mandates Reform Act of 1995 State and local officials early in the not a significant regulatory action under (‘‘Unfunded Mandates Act’’), signed process of developing the proposed Executive Order 12866. into law on March 22, 1995, EPA must regulation. prepare a budgetary impact statement to This rule will not have substantial I. National Technology Transfer and accompany any proposed or final rule direct effects on the States, on the Advancement Act that includes a Federal mandate that relationship between the national Section 12 of the National Technology may result in estimated costs to State, government and the States, or on the Transfer and Advancement Act local, or Tribal governments in the distribution of power and (NTTAA) of 1995 requires Federal aggregate; or to the private sector, of responsibilities among the various agencies to evaluate existing technical $100 million or more. Under section levels of government, as specified in standards when developing a new 205, EPA must select the most cost- Executive Order 13132, because it regulation. To comply with NTTAA, effective and least burdensome merely approves a State rule EPA must consider and use ‘‘voluntary

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consensus standards’’ (VCS) if available owner or operator shall commence water regulation. The process of making and applicable when developing construction of a modification to an decisions about whether to regulate any programs and policies unless doing so existing stationary source that results in of the unregulated contaminants on the would be inconsistent with applicable a net emissions increase of 25 tons per CCL is called Regulatory law or otherwise impractical. year or more of nitrogen oxides, without Determinations. On October 8, 2009, The EPA believes that VCS are first obtaining approval from the EPA published the third Contaminant inapplicable to this action. Today’s Administrator. Candidate List (CCL 3) containing 116 action does not require the public to (4) For any major stationary source or unregulated contaminants. The Agency perform activities conducive to the use major modification subject to this is currently in the preliminary process of VCS. paragraph in accordance with the of deciding whether to regulate at least emission thresholds identified in five CCL 3 contaminants (i.e., List of Subjects in 40 CFR Part 52 paragraphs (h)(2) and (3) of this section, Regulatory Determinations 3). The Air pollution control, Environmental the Administrator shall approve the purpose of this notice is to announce protection, Intergovernmental relations, construction of such source or that EPA will be hosting a public Nitrogen dioxide, Ozone, Particulate modification if the owner or operator stakeholder meeting on June 16, 2011, matter, Reporting and recordkeeping demonstrates that construction of such from 1 p.m. to 5 p.m., to discuss and requirements, Volatile organic source or modification satisfies the obtain input on EPA’s process for compounds. requirements of Sacramento Regulatory Determination 3 along with Dated: May 20, 2011. Metropolitan AQMD Rule 202, as the contaminants and the technical Keith Takata, approved on June 19, 1985 (50 FR information that the Agency is Acting Regional Administrator, Region IX. 25417). considering. EPA expects to publish the * * * * * preliminary regulatory determinations Title 40, chapter I, of the Code of 3. Section 52.270 is amended by for at least five CCL 3 contaminants in Federal Regulations is proposed to be adding paragraphs (b)(2)(iv), (b)(3)(iv), mid-2012 and final regulatory amended as follows: and (b)(4)(iv) to read as follows: determinations by August 2013. PART 52—[AMENDED] DATES: The public meeting will be held § 52.270 Significant deterioration of air in the Washington, DC metropolitan 1. The authority citation for part 52 quality. area on Thursday, June 16, 2011, from continues to read as follows: * * * * * 1 p.m. to 5 p.m., Eastern Daylight (b) * * * Authority: 42 U.S.C. 7401 et seq. Savings Time. Participants will be (2) * * * notified of the specific meeting room Subpart F—California (iv) Those projects which are major upon confirmation of registration. stationary sources or major FOR FURTHER INFORMATION CONTACT: For 2. Section 52.233 is amended by modifications for nitrogen oxides as technical inquiries regarding EPA’s adding paragraph (h) to read as follows: precursors to ozone under § 52.21. Regulatory Determinations for (3) * * * contaminants on CCL 3 contact: Mr. § 52.233 Review of new sources and (iv) Those projects which are major modifications. Zeno Bain at (202) 564–5970 or by e- stationary sources or major mail: [email protected]. For additional * * * * * modifications for nitrogen oxides as information about the drinking water (h) Regulation for review of major precursors to ozone under § 52.21. Contaminant Candidate List and the stationary sources and major (4) * * * modifications for nitrogen oxides. (1) (iv) Those projects which are major Regulatory Determinations process, Upon the effective date of this stationary sources or major please visit: http://water.epa.gov/ regulation, the requirements of this modifications for nitrogen oxides as scitech/drinkingwater/dws/ccl/ paragraph are applicable to any source precursors to ozone under § 52.21. index.cfm. Additional information on under the jurisdiction of the APCDs these and other EPA activities under the [FR Doc. 2011–13397 Filed 5–27–11; 8:45 am] listed below that is a major stationary Safe Drinking Water Act is also source or major modification for BILLING CODE 6560–50–P available at the Safe Drinking Water nitrogen oxides in a ‘‘serious’’ ozone Hotline at (800) 426–4791. nonattainment area under 40 CFR part ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: 51, Appendix S, and that is not AGENCY Registration: Individuals planning to otherwise subject to new source review attend the Stakeholder Meeting must under the applicable SIP for the area. 40 CFR Part 141 register for the meeting by contacting (i) Feather River AQMD. Melissa Simic at (202) 564–7722 or by (ii) Placer County APCD. [FRL–9313–3] sending an e-mail to (iii) Sacramento Metropolitan AQMD. Public Meeting: Preliminary Regulatory [email protected] no later than (2) Except for a major stationary Determinations for the Third Wednesday, June 8, 2011. There is no source that is subject to new source Contaminant Candidate List (CCL 3) charge for attending the meeting but review under the applicable SIP for the seats are limited, so register as soon as area, no owner or operator shall AGENCY: Environmental Protection possible. Please note that attendees will commence construction of a new Agency (EPA). be required to pass through security stationary source that emits or has the ACTION: Announcement of meeting. checks at the front desk and obtain a potential to emit 50 tons per year or visitor’s badge. Pre-registration for this more of nitrogen oxides, without first SUMMARY: The 1996 Safe Drinking Water meeting will help us facilitate your obtaining approval from the Act Amendments require the EPA to check-in. Administrator. determine every five years, whether to Special Accommodations: The (3) Except for a major modification regulate at least five contaminants from meeting will be held in a building that is subject to new source review the current Contaminant Candidate List which is accessible to persons using under the applicable SIP for the area, no (CCL) with a national primary drinking wheel chairs or scooters. For

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information on access or • Federal eRulemaking Portal: Follow Division, Office of Policy and Planning, accommodations for individuals with the instructions for submitting Office of the National Coordinator for disabilities, please contact Melissa comments. Attachments should be in Health Information Technology, 202– Simic at (202) 564–7722 or by e-mail at Microsoft Word or Excel, Adobe PDF; 690–7151. [email protected]. Please allow at however, we prefer Microsoft Word. SUPPLEMENTARY INFORMATION: least five business days prior to the http://www.regulations.gov. meeting to give EPA time to process • Regular, Express, or Overnight Mail: Acronyms your request. Department of Health and Human EHR Electronic Health Record HHS Department of Health and Human Dated: May 24, 2011. Services, Office of the National Services Eric M. Bissonette, Coordinator for Health Information Technology, Attention: Revisions to HIT Health Information Technology Acting Director, Office of Ground Water and ONC–AA Processes Proposed Rule, HITECH Health Information Technology for Drinking Water. Economic and Clinical Health Hubert H. Humphrey Building, Suite [FR Doc. 2011–13404 Filed 5–27–11; 8:45 am] ONC Office of the National Coordinator for 729D, 200 Independence Ave., SW., BILLING CODE 6560–50–P Health Information Technology Washington, DC 20201. Please submit ONC–AA ONC-Approved Accreditor one original and two copies. ONC–ACB ONC-Authorized Certification • Hand Delivery or Courier: Office of Body DEPARTMENT OF HEALTH AND the National Coordinator for Health ONC–ATCB ONC-Authorized Testing and HUMAN SERVICES Information Technology, Attention: Certification Body Revisions to ONC–AA Processes PHSA Public Health Service Act Office of the Secretary RFA Regulatory Flexibility Act Proposed Rule, Hubert H. Humphrey SBA Small Business Administration 45 CFR Part 170 Building, Suite 729D, 200 Independence Ave., SW., Washington, DC 20201. Table of Contents RIN 0991–AB77 Please submit one original and two I. Background copies. (Because access to the interior of A. Statutory Basis for the Permanent Permanent Certification Program for the Hubert H. Humphrey Building is not Certification Program Health Information Technology; readily available to persons without B. Regulatory Background of the Revisions to ONC-Approved Federal government identification, Permanent Certification Program Accreditor Processes commenters are encouraged to leave 1. Initial Set of Standards, Implementation their comments in the mail drop slots Specifications, and Certification Criteria AGENCY: Office of the National Interim Final and Final Rules Coordinator for Health Information located in the main lobby of the 2. Medicare and Medicaid EHR Incentive Technology (ONC), Department of building.) Programs Proposed and Final Rules Health and Human Services. Inspection of Public Comments: All 3. HIT Certification Programs Proposed ACTION: Proposed rule. comments received before the close of Rule and the Temporary and Permanent the comment period will be available for Certification Programs Final Rules SUMMARY: Under the authority granted public inspection, including any C. Overview of the Permanent Certification to the National Coordinator for Health personally identifiable or confidential Program Information Technology (the National business information that is included in II. Provisions of the Proposed Rule A. Removal of the ONC–AA for Improper Coordinator) by section 3001(c)(5) of the a comment. Please do not include Conduct or Failure To Perform Its Public Health Service Act (PHSA) as anything in your comment submission Responsibilities added by the Health Information that you do not wish to share with the 1. Conduct Violations Technology for Economic and Clinical general public. Such information 2. Performance Violations Health (HITECH) Act, this rule proposes includes, but is not limited to: a 3. Proposed Removal of the ONC–AA a process for addressing instances where person’s social security number; date of 4. Opportunity To Respond to a Proposed the ONC-Approved Accreditor (ONC– birth; driver’s license number; state Removal Notice AA) engages in improper conduct or identification number or foreign country 5. Removal of the ONC–AA 6. Extent and Duration of Removal Under does not perform its responsibilities equivalent; passport number; financial the Permanent Certification Program under the permanent certification account number; credit or debit card B. Effects of Removing and/or Replacing program. This rule also proposes to number; any personal health the ONC–AA address the status of ONC-Authorized information; or any business 1. ONC–ACB Status Certification Bodies (ONC–ACBs) in information that could be considered to 2. New ONC–AA instances where there may be a change be proprietary. We will post all III. Response to Comments in the accreditation organization serving comments received before the close of IV. Collection of Information Requirements as the ONC–AA and clarifies the the comment period at http:// V. Regulatory Impact Statement responsibilities of the new ONC–AA. www.regulations.gov. I. Background DATES: To be assured consideration, Docket: For access to the docket to [If you choose to comment on the written or electronic comments must be read background documents or background section, please include at received at one of the addresses comments received, go to http:// the beginning of your comment the provided below, no later than 5 p.m. on www.regulations.gov or the Department caption ‘‘Background’’ and any August 1, 2011. of Health and Human Services, Office of additional information to clearly ADDRESSES: Because of staff and the National Coordinator for Health identify the information about which resource limitations, we cannot accept Information Technology, Hubert H. you are commenting.] comments by facsimile (FAX) Humphrey Building, Suite 729D, 200 transmission. You may submit Independence Ave., SW., Washington, A. Statutory Basis for the Permanent comments, identified by RIN 0991– DC 20201 (call ahead to the contact Certification Program AB77, by any of the following methods listed below to arrange for inspection). The Health Information Technology (please do not submit duplicate FOR FURTHER INFORMATION CONTACT: for Economic and Clinical Health comments). Steven Posnack, Director, Federal Policy (HITECH) Act, Title XIII of Division A

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and Title IV of Division B of the The standards, implementation Certification Program final rule’’). On American Recovery and Reinvestment specifications, and certification criteria January 7, 2011, a final rule was Act of 2009 (ARRA) (Pub. L. 111–5), adopted by the Secretary establish the published in the Federal Register (76 amended the Public Health Service Act capabilities that Certified Electronic FR 1262) to establish the permanent (PHSA) to add a new ‘‘Title XXX— Health Record (EHR) Technology must certification program (the ‘‘Permanent Health Information Technology and include in order to, at a minimum, Certification Program final rule’’). The Quality.’’ Section 3001(c)(5) of the support the achievement of meaningful permanent certification program will PHSA, as added by section 13101 of the use Stage 1 by eligible professionals and eventually replace the temporary HITECH Act, provides the National eligible hospitals 1 under the Medicare certification program, which will sunset Coordinator for Health Information and Medicaid EHR Incentive Programs. on December 31, 2011, or on a Technology (National Coordinator) with subsequent date if the permanent 2. Medicare and Medicaid EHR the authority to establish a certification certification program is not fully Incentive Programs Proposed and Final program or programs for the voluntary constituted at that time. Rules certification of health information EHR technology that is tested and technology (HIT). Specifically, section Associated with the HIT Standards certified through the certification 3001(c)(5)(A) states that the ‘‘National and Certification Criteria interim final programs currently must be tested and Coordinator, in consultation with the rule, CMS concurrently published in the certified in accordance with all Director of the National Institute of Federal Register (75 FR 1844, Jan. 13, applicable certification criteria adopted Standards and Technology, shall keep 2010) the Medicare and Medicaid EHR by the Secretary under section or recognize a program or programs for Incentive Programs proposed rule. The 3004(b)(1) of the PHSA and could the voluntary certification of health rule proposed a definition for Stage 1 potentially be used to satisfy the information technology as being in meaningful use of Certified EHR definition of Certified EHR Technology. compliance with applicable certification Technology and regulations associated Eligible professionals and eligible criteria adopted under [section 3004 of with the incentive payments made hospitals that successfully demonstrate the PHSA].’’ available under Division B, Title IV of meaningful use of Certified EHR the HITECH Act. Technology may receive incentive B. Regulatory Background of the Subsequently, CMS published a final payments under the Medicare and Permanent Certification Program rule for the Medicare and Medicaid EHR Medicaid EHR Incentive Programs. 1. Initial Set of Standards, Incentive Programs in the Federal Register (75 FR 44314) on July 28, 2010 C. Overview of the Permanent Implementation Specifications, and Certification Program Certification Criteria Interim Final and (the ‘‘Medicare and Medicaid EHR Final Rules Incentive Programs final rule’’), Key facets of the permanent simultaneously with the publication of certification program are summarized as In accordance with section 3004(b)(1) the HIT Standards and Certification follows. The permanent certification of the PHSA, the Secretary issued an Criteria final rule. The final rule program provides a process by which an interim final rule with request for published by CMS established the organization or organizations may comments entitled ‘‘Health Information objectives and associated measures that become an Office of the National Technology: Initial Set of Standards, eligible professionals and eligible Coordinator for Health Information Implementation Specifications, and hospitals must satisfy in order to Technology-Authorized Certification Certification Criteria for Electronic demonstrate ‘‘meaningful use’’ during Body (ONC–ACB) authorized by the Health Record Technology’’ (75 FR Stage 1. National Coordinator to perform the 2014, Jan. 13, 2010) (the ‘‘HIT Standards certification of Complete EHRs and/or 3. HIT Certification Programs Proposed and Certification Criteria interim final EHR Modules. ONC–ACBs may also be Rule and the Temporary and Permanent rule’’), which adopted an initial set of authorized under the permanent Certification Programs Final Rules standards, implementation certification program to perform the specifications, and certification criteria. Based on the authority provided in certification of other types of HIT in the After consideration of the public section 3001(c)(5) of the PHSA, we event that applicable certification comments received on the interim final proposed both a temporary and criteria are adopted by the Secretary. We rule, a final rule was issued to complete permanent certification program for HIT note, however, that the certification of the adoption of the initial set of in a notice of proposed rulemaking Complete EHRs, EHR Modules, or standards, implementation entitled ‘‘Proposed Establishment of potentially other types of HIT under the specifications, and certification criteria Certification Programs for Health permanent certification program would and realign them with the final Information Technology’’ (75 FR 11328, not constitute a replacement or objectives and measures established for Mar. 10, 2010). We proposed to use the substitution for other Federal meaningful use Stage 1. Health certification programs for the purposes requirements that may be applicable. Information Technology: Initial Set of of testing and certifying HIT and An organization that seeks to become Standards, Implementation specified the processes the National an ONC–ACB must, among other Specifications, and Certification Criteria Coordinator would follow to authorize requirements, successfully obtain for Electronic Health Record organizations to perform the testing accreditation from the accreditation Technology; Final Rule, 75 FR 44590 and/or certification of HIT. Notably, we organization that has been approved by (July 28, 2010) (the ‘‘HIT Standards and issued two final rules to implement our the National Coordinator as the ONC– Certification Criteria final rule’’). On proposals. On June 24, 2010, a final rule Approved Accreditor (ONC–AA). Only October 13, 2010, an interim final rule was published in the Federal Register one accreditation organization at a time was issued to remove certain (75 FR 36158) to establish a temporary may be approved to serve as the ONC– implementation specifications related to certification program (the ‘‘Temporary AA. An accreditation organization that public health surveillance that had been wishes to be considered for ONC–AA previously adopted in the HIT 1 References to ‘‘eligible hospitals’’ in this rule status must submit a written request to shall mean ‘‘eligible hospitals and/or critical access Standards and Certification Criteria hospitals, as defined in 42 CFR 495.4’’ unless the National Coordinator during the final rule (75 FR 62686). otherwise indicated. specified submission period and

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include certain information to National Coordinator to remove or take integrity of the permanent certification demonstrate its ability to serve as the other corrective action against an program. Conduct violations would ONC–AA. The National Coordinator accreditation organization serving as the include, but are not limited to, false, will determine which accreditation ONC–AA based on misconduct or fraudulent, or abusive activities that organization is best qualified to serve as failure to perform its responsibilities. affect: the permanent certification the ONC–AA, and the organization that We did propose and finalize a process program; a program administered by the is approved on a final basis will be through which the National Coordinator Department of Health and Human expected to serve a three-year term. The could revoke the status and/or suspend Services (HHS); or any program ONC–AA must fulfill certain on-going the operations of an ONC–Authorized administered by the Federal responsibilities for the permanent Testing and Certification Body (ONC– government. These violations could certification program, which include: ATCB) under the temporary certification jeopardize the integrity of the maintaining conformance with ISO/IEC program and an ONC–ACB under the permanent certification program and 17011:2004 (ISO 17011); in accrediting permanent certification program. Some would include examples such as: the certification bodies, verifying that they of the comments we received asked how ONC–AA, or a principal employee, conform to ISO/IEC Guide 65:1996 we would address concerns with an owner, or agent of the ONC–AA, being (Guide 65) at a minimum; and ONC–AA’s operations and remove or charged with or convicted of fraud, performing certain activities related to replace an ineffective ONC–AA. We embezzlement or extortion, or of surveillance that will be conducted by responded to those comments in the violating similar Federal or State ONC–ACBs. Permanent Certification Program final securities laws while participating in The National Coordinator will accept rule (76 FR 1269) by stating our the permanent certification program; applications for ONC–ACB status at any intentions to issue a notice of proposed falsifying accreditations; or time, which must include the type of rulemaking that would address withholding, destroying, or altering authorization sought, general improper conduct by an ONC–AA, the information that would indicate false or identifying information, documentation potential consequences for engaging in fraudulent activity had occurred within that confirms that the applicant has such conduct, and a process by which the permanent certification program. been accredited by the ONC–AA, and an the National Coordinator may take For the public to maintain faith in the executed agreement that it will adhere ‘‘corrective action’’ against an ONC–AA. integrity of permanent certification to the Principles of Proper Conduct for We recognized that an ONC–AA has program, the program’s participants ONC–ACBs. ONC–ACBs will be significant responsibilities under the must properly fulfill their required to remain in good standing by, permanent certification program that are responsibilities. Therefore, we propose among other things, adhering to the inextricably linked to the success of the that if the National Coordinator has Principles of Proper Conduct for ONC– program. We believe that a removal reliable evidence that the ONC–AA ACBs, which include a requirement that process, similar to the revocation and committed one or more conduct an ONC–ACB must maintain its suspension processes we have violations, the National Coordinator accreditation that was granted by the established for ONC–ATCBs under the may issue the ONC–AA a notice ONC–AA. An ONC–ACB’s status will temporary certification program and proposing to remove it as the ONC–AA expire in three years, unless its status is ONC–ACBs under the permanent under the permanent certification renewed. The National Coordinator may certification program, would protect the program. revoke an ONC–ACB’s status and/or integrity of the permanent certification 2. Performance Violations suspend an ONC–ACB’s operations program and maintain public under permanent certification program, confidence in the program by removing The types of violations we would based on Type-1 and Type-2 violations. an ONC–AA that engages in misconduct consider performance violations include Testing and certification under the or fails to satisfy its performance the ONC–AA failing to properly fulfill permanent certification program is obligations under the program. one or more of its responsibilities expected to begin on January 1, 2012, or To address improper conduct by the specified in § 170.503(e). These upon a subsequent date when the ONC–AA or its failure to perform its responsibilities include: maintaining National Coordinator determines that responsibilities under the permanent conformance with ISO 17011; in the permanent certification program is certification program, we are proposing accrediting certification bodies, fully constituted. The permanent a process for removing the ONC–AA verifying conformance to, at a certification program has no anticipated that is similar to the process established minimum, Guide 65 and ensuring the sunset date. in the Permanent Certification Program surveillance approaches used by ONC– final rule for suspending and/or ACBs include the use of consistent, II. Provisions of the Proposed Rule revoking an ONC–ACB’s status. We objective, valid, and reliable methods; [If you choose to comment on the propose that the National Coordinator verifying that ONC–ACBs are provisions of the proposed rule section, may remove the ONC–AA under the performing surveillance in accordance please include at the beginning of your permanent certification program based with their respective annual plans; and comment the section title to which your on either a conduct or performance reviewing ONC–ACB surveillance comments apply and any additional violation by the ONC–AA. We describe results to determine if the results information to clearly identify the these violations and the removal process indicate any substantive non- proposals about which you are below and in the provisions of proposed conformance by the ONC–ACBs with commenting.] § 170.575. We welcome comments on the conditions of their respective our proposals discussed below. accreditations. A. Removal of the ONC–AA for Opportunities to assess an ONC–AA’s Improper Conduct or Failure To Perform 1. Conduct Violations performance of its responsibilities will Its Responsibilities The types of violations we would be available at certain junctures during In the proposed rule to establish the consider conduct violations include the permanent certification program. As temporary and permanent certification violations of law or permanent an example in the Permanent programs (75 FR 11328), we did not certification program policies that Certification Program final rule (76 FR propose a formal process for the threaten or significantly undermine the 1270), we noted that the Principles of

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Proper Conduct for ONC–ACBs require occurred and were corrected. If the Coordinator’s review period, we would ONC–ACBs to submit annual ONC–AA fails to submit a response to expect that the ONC–AA would surveillance plans and to annually the National Coordinator within 30 continue to perform its responsibilities report surveillance results to the days, the National Coordinator may under the permanent certification National Coordinator. Our review of an issue the ONC–AA a notice proposing to program and propose that the National ONC–ACB’s surveillance results should remove it as the ONC–AA under the Coordinator would consider the ONC– give an indication of whether the ONC– permanent certification program. AA’s performance of its duties during AA is performing its responsibilities to If the ONC–AA submits a response, this timeframe as a factor in reaching review ONC–ACB surveillance results the National Coordinator would be any final decision to remove the ONC– and verify that ONC–ACBs are permitted up to 60 days to evaluate the AA. We welcome comments on this performing surveillance in accordance ONC–AA’s response (and request proposal and whether it would be more with their surveillance plans. We also additional information, if necessary). If appropriate for the National Coordinator noted that we expect that our review the National Coordinator determines to proceed in a different manner, and analysis of surveillance plans and that the ONC–AA did not commit a including providing less time for the results will not only include feedback performance violation, or may have ONC–AA to respond to a proposed from the ONC–ACBs but also feedback committed a performance violation but removal notice based on a conduct from the ONC–AA. The ONC–AA satisfactorily corrected any violation(s) violation. that may have occurred, a memo will be feedback will provide us with 5. Removal of the ONC–AA additional information on the ONC– issued to the ONC–AA to confirm this AA’s performance of its responsibilities determination. If the National According to our proposal, the ONC– to monitor and review ONC–ACBs’ Coordinator determines that the ONC– AA may be removed by the National surveillance activities. AA’s response is insufficient and that a Coordinator if it is determined that performance violation had occurred and removal is appropriate after considering The National Coordinator could had not been adequately corrected, then the information provided by the ONC– obtain information about the ONC–AA the National Coordinator may propose AA in response to the proposed removal from other sources as well. For example, to remove the ONC–AA. notice or if the ONC–AA does not we could potentially receive respond to a proposed removal notice information from an organization that 3. Proposed Removal of the ONC–AA within the specified timeframe. We sought accreditation by the ONC–AA Under our removal process, the propose that a decision to remove the and was denied, or from an ONC–ACB National Coordinator may propose the ONC–AA would be final and would not that had its accreditation withdrawn by removal of the ONC–AA for alleged be subject to further review unless the the ONC–AA. Such information could conduct violations and for failing to National Coordinator chooses to provide reliable evidence that the ONC– respond to, or satisfactorily address, a reconsider the removal. AA was not in compliance with ISO notification related to a performance If the National Coordinator 17011, as required by § 170.503(e)(1). violation. Based on our assessment, the determines that the ONC–AA should For example, section 7 (Accreditation option to propose removal is more not be removed, the National process) of ISO 17011 requires the appropriate than the option to suspend Coordinator would notify the ONC–AA ONC–AA to establish a proper the ONC–AA’s activities under the in writing to express this determination. assessment process for accrediting permanent certification program. Any 6. Extent and Duration of Removal conformance assessment bodies (i.e., form of suspension would prevent the certification bodies or ONC–ACBs), Under the Permanent Certification ONC–AA from performing its Program which includes establishing procedures responsibilities under § 170.503(e), to address appeals by such bodies. which would not benefit the permanent We propose that the removal of the Information from a certification body certification program because these ONC–AA would become effective upon that sought accreditation or an ONC– ongoing responsibilities are an integral the date specified in the removal notice ACB could indicate whether the ONC– part of the program. We welcome and that the affected accreditation AA had a sufficient assessment or comments on these options and whether organization would be required to cease appeals processes in place. We propose certain circumstances may warrant the all activities under the permanent that if the National Coordinator obtains suspension of the ONC–AA. certification program, including reliable evidence from fact-gathering, accepting new requests for accreditation requesting information from the ONC– 4. Opportunity To Respond to a associated with the permanent AA, contacting the ONC–AA’s Proposed Removal Notice certification program. We propose that customer(s), and/or complaints that the If the National Coordinator issues a an accreditation organization that has ONC–AA is not properly performing its proposed removal notice to the ONC– been removed as the ONC–AA will be responsibilities under § 170.503(e), the AA, we propose that the ONC–AA must prohibited from being considered for National Coordinator would notify the respond within 20 days of receipt of the ONC–AA status for a period of 1 year ONC–AA of an alleged performance removal notice in order to contest the from the effective date of removal. violation. The notification would proposed removal and must provide Violation(s) committed by the include all pertinent information sufficient documentation to support its accreditation organization serving as the regarding the National Coordinator’s explanation for why it should not be ONC–AA that result in its removal assessment. Unless otherwise specified removed. Upon receipt of the ONC– demonstrate that it cannot conduct itself by the National Coordinator, the ONC– AA’s response to a proposed removal properly or perform its responsibilities AA would be permitted up to 30 days notice, the National Coordinator would under the permanent certification from the date it is notified about the be permitted up to 60 days to review the program. Accordingly, we believe that if alleged performance violation(s) to information submitted by the ONC–AA an accreditation organization has its submit a written response and any and make a decision. ONC–AA status removed, it would be accompanying documentation that During the time period provided for inappropriate to permit the could demonstrate no violation(s) the ONC–AA to respond to the proposed accreditation organization to occurred or validate that violation(s) removal notice and the National immediately reapply to become the

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ONC–AA. We therefore propose a 1-year Standards and Technology (NIST), we additional circumstances that would waiting period to prevent the affected believe that a new ONC–AA could warrant the National Coordinator’s accreditation organization from being complete the accreditation process for exercise of discretion to specify a considered when ONC goes through the up to 6 ONC–ACBs within 6 to 9 different period of time for obtaining process in § 170.503 to approve its months. We believe this could possibly accreditation from the new ONC–AA. replacement. We request public be an appropriate timeframe and could We also welcome comments on whether comment on alternatives for the be sufficient to meet the demand for there should be a maximum period of treatment of an accreditation accreditation considering that we time beyond 12 months in which an organization that is removed as the estimated in the Permanent Certification ONC–ACB must obtain accreditation ONC–AA under the permanent Program final rule that only 6 ONC– from the new ONC–AA no matter the certification program. ACBs will be operating under the circumstances. permanent certification program and We propose to revise § 170.523(a) to B. Effects of Removing and/or Replacing that only 6 ONC-Authorized Testing and state that an ONC–ACB shall ‘‘maintain the ONC–AA Certification Bodies (ONC–ATCBs) are its accreditation, or if a new ONC–AA 1. ONC–ACB Status currently operating under the temporary is approved by the National Coordinator, obtain accreditation from In § 170.523(a) we require that an certification program. However, the new ONC–AA within 12 months or ONC–ACB ‘‘[m]aintain its considering that there may be more a reasonable period specified by the accreditation.’’ During the course of an ONC–ACBs than we anticipate and that accreditation to the requirements of a National Coordinator and maintain such ONC–ACB’s three-year term, it is accreditation.’’ possible that there could be a change in new ONC–AA may require more time accreditation organizations serving as than anticipated, we believe 12 months 2. New ONC–AA would be a more reasonable timeframe the ONC–AA. In other words, the As noted in our prior discussion, the for ONC–ACBs to obtain accreditation accreditation organization serving as the National Coordinator may approve a from the new ONC–AA. We believe the ONC–AA that initially accredited an new accreditation organization as the 12-month grace period provides for ONC–ACB could be replaced by a ONC–AA for reasons such as the former equitable treatment of ONC–ACBs, different accreditation organization that ONC–AA resigning, another especially those that in good faith and is subsequently selected to serve as the accreditation organization being without sufficient notice of a possible ONC–AA. A change in ONC–AAs could selected when the former ONC–AA’s change in the ONC–AA recently paid for occur under different scenarios, such as term expires, or the former ONC–AA and obtained accreditation from an if the accreditation organization serving being removed for conduct or as the ONC–AA resigns before the end ONC–AA that is subsequently removed performance violations as described of its term, is replaced at the end of its or replaced. We welcome comments on above. The selection and approval of the term through the selection process whether we should consider a shorter or new ONC–AA will be conducted as under § 170.503, or is removed by the longer period of time than 12 months. soon as possible and consistent with the National Coordinator before the end of Our proposal permits the National processes and timeframes outlined in its term. If a different accreditation Coordinator to specify a reasonable § 170.503. Doing so permits the new organization were to be approved as the period of time for ONC–ACBs to obtain ONC–AA to begin fulfilling its ONC–AA, our primary goal would be to accreditation from the new ONC–AA as responsibilities as specified under ensure stability among ONC–ACBs and an alternative to the 12-month § 170.503(e) when its status as the ONC– within the HIT marketplace, which timeframe. We believe this discretion is AA becomes effective. This means that would include the uninterrupted necessary to address unanticipated the new ONC–AA will be expected to certification of HIT. Therefore, we events, including but not limited to the fulfill its responsibilities under propose that if there is a change in following examples. For example, the § 170.503(e) with respect to the ONC– accreditation organizations serving as new ONC–AA may be unable to offer ACBs that it accredited, as well as those the ONC–AA, such as in the scenarios accreditation within the 12-month ONC–ACBs that were accredited by the described above, an ONC–ACB will timeframe for various reasons, such as former ONC–AA and are not yet retain its status under the permanent unexpected demand for its accreditation accredited by the new ONC–AA. The certification program, but only for a services. It would be prudent for the new ONC–AA would be responsible for reasonable period of time to allow it to National Coordinator to have the verifying that all ONC–ACBs are obtain accreditation from the flexibility to grant an extension to an performing surveillance in accordance accreditation organization that is ONC–ACB if it had filed a request for with their respective annual plans, as approved as the new ONC–AA. accreditation with the new ONC–AA required by § 170.503(e)(3). In addition, We propose that an ONC–ACB must before the 12-month timeframe had consistent with § 170.503(e)(4), the new obtain accreditation from the new ONC– elapsed and the new ONC–AA had not ONC–AA would review all ONC–ACB AA within 12 months after the effective yet completed its accreditation of the surveillance results to determine if the date of the new ONC–AA’s status or ONC–ACB. Alternatively, there may be results indicate any substantive non- within a reasonable period specified by a need for the National Coordinator to conformance by the ONC–ACBs with the National Coordinator. We use the require that ONC–ACBs obtain the conditions of their respective term ‘‘effective date’’ because although accreditation from the new ONC–AA in accreditations (even if an ONC–ACB an accreditation organization could be less than 12 months to protect the was accredited by the former ONC–AA). approved as the ONC–AA pursuant to integrity of the permanent certification Section 170.503(e)(2) requires the the process in § 170.503, its status as the program. This situation could occur if ONC–AA, ‘‘[i]n accrediting certification ONC–AA may not become effective the accreditation organization removed bodies, [to] verify conformance to, at a until a later date (e.g., its status may not as the ONC–AA engaged in conduct that minimum, [Guide 65] and ensure the take effect until the then-current ONC– called into question the legitimacy of surveillance approaches used by ONC– AA’s term expires). Based on our the accreditations granted to ONC– ACBs include the use of consistent, consultations with subject matter ACBs. We welcome comments on these objective, valid, and reliable methods.’’ experts at the National Institute for examples and whether there may be In the Permanent Certification Program

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final rule (76 FR 1270), we explained of ISO 17011, or they can be provided comment the caption ‘‘Regulatory this ongoing responsibility would to the new ONC–AA by ONC. We expect Impact Statement’’ and any additional require the ONC–AA to verify that that the new ONC–AA will fulfill these information to clearly identify the ONC–ACBs continue to conform to the responsibilities in the manner we have information about which you are provisions of Guide 65 at a minimum as described until it has the opportunity to commenting.] a condition of continued accreditation. accredit the ONC–ACBs according to its We have examined the impact of this Similar to 170.503(e)(3) and (e)(4), we own accreditation requirements if proposed rule as required by Executive expect the new ONC–AA to fulfill the applicable and to Guide 65 as required. Order 12866 on Regulatory Planning responsibilities outlined in As noted in the previous section’s and Review (September 30, 1993), § 170.503(e)(2) for the certification discussion, we propose to give ONC– Executive Order 13563 on Improving bodies it accredits and all ONC–ACBs, ACBs 12 months or another reasonable Regulation and Regulatory Review including those ONC–ACBs it has not period to obtain accreditation from the (February 2, 2011), the Regulatory yet had an opportunity to accredit. To new ONC–AA. In considering the Flexibility Act (5 U.S.C. 601 et seq.), clarify this expectation, we propose to appropriateness of our proposed revise § 170.503(e)(2) to require the timeframe for ONC–ACBs to be section 202 of the Unfunded Mandates ONC–AA to ensure that all ONC–ACBs accredited by the new ONC–AA, we ask Reform Act of 1995 (2 U.S.C. 1532), continue to conform to Guide 65 at a that commenters also consider our Executive Order 13132 on Federalism minimum, as indicated below. We made expectations for the new ONC–AA (August 4, 1999), and the Congressional similar clarifying revisions to during this timeframe. We also welcome Review Act (5 U.S.C. 804(2)). § 170.503(e)(4) in the Permanent additional comments on our Executive Orders 12866 and 13563 Certification Program final rule. In that expectations and proposals. direct agencies to assess all costs and final rule (76 FR 1270), we explained benefits of available regulatory that we were revising § 170.503(e)(4) to III. Response to Comments alternatives and, if regulation is account for the possibility that different Because of the large number of public necessary, to select regulatory accreditation organizations may be comments normally received in approaches that maximize net benefits approved to serve as the ONC–AA. response to Federal Register (including potential economic, Specifically, we revised that section to documents, we are not able to environmental, public health and safety clarify that the ONC–AA would be acknowledge or respond to them effects, distributive impacts, and responsible for reviewing ONC–ACB individually. We will consider all equity). A regulatory impact analysis surveillance results to determine if the comments we receive by the date and must be prepared for major rules with results indicated any substantive non- time specified in the DATES section of economically significant effects ($100 conformance by ONC–ACBs with the this preamble, and, when we proceed million or more in any 1 year). This conditions of ‘‘their respective with a subsequent document, we will proposed rule does not reach the accreditations’’ rather than ‘‘with the respond to the comments in the economic threshold and thus is not terms set by the ONC–AA when it preamble of that document. considered a major rule. Therefore, a granted the ONC–ACB accreditation’’ as IV. Collection of Information regulatory impact analysis has not been we had proposed. prepared. We propose to revise § 170.503(e) as Requirements The Regulatory Flexibility Act (RFA) follows. Paragraphs (e)(3) and (e)(4) [If you choose to comment on the would be redesignated as paragraphs collection of information requirements requires agencies to prepare an initial (e)(4) and (e)(5), respectively. Paragraph section, please include at the beginning regulatory flexibility analysis to (e)(2) would be revised to state that the of your comment the caption describe the impact of the proposed rule ONC–AA shall ‘‘[v]erify that the ‘‘Collection of Information on small entities, unless the head of the certification bodies it accredits and Requirements’’ and any additional agency can certify that the rule will not ONC–ACBs conform to, at a minimum, information to clearly identify the have a significant economic impact on ISO/IEC Guide 65:1996 (incorporated by information about which you are a substantial number of small entities. reference in § 170.599).’’ This revision commenting.] For purposes of the RFA, small entities removes the second part of paragraph This proposed rule would only include small businesses, small (e)(2), which we propose to make a require the collection of information organizations, and small governmental separate new paragraph. We propose to from the ONC–AA if we took an action jurisdictions. Individuals and States are number this new paragraph as (e)(3) and against the ONC–AA under the not included in the definition of a small for it to state that the ONC–AA shall provisions of this proposed rule and the entity. The entities that will be directly ‘‘ensure that the surveillance ONC–AA submitted information to ONC affected by this proposed rule are likely approaches used by ONC–ACBs include in response to the action as provided for small businesses in the form of the use of consistent, objective, valid, under the provisions of this proposed accreditation organizations interested in and reliable methods.’’ rule. The Paperwork Reduction Act of becoming the ONC–AA, the ONC–AA, Although these proposals will require 1995, however, exempts the information potential applicants for ONC–ACB the new ONC–AA to become familiar collection activities referenced in this status, and ONC–ACBs. We believe that with the ONC–ACBs, many of which proposed rule. Specifically, 44 U.S.C. these entities would either be classified may not yet have been accredited by the 3518(c)(1)(B)(ii) excludes collection under the North American Industry new ONC–AA, we believe the proposed activities during the conduct of Classification System (NAICS) codes responsibilities are still achievable. administrative actions or investigations 541380 (Testing Laboratories) or 541990 With respect to the responsibilities involving the agency against specific (Professional, Scientific and Technical 2 under § 170.503(e)(3) and (4), ONC can individuals or entities. Services). According to the NAICS make the ONC–ACBs’ surveillance codes identified above, this would mean plans available to the new ONC–AA and V. Regulatory Impact Statement Small Business Administration (SBA) the former ONC–AA’s accreditation [If you choose to comment on the size standards of $12 million and $7 requirements should be publicly regulatory impact statement section, available, consistent with section 7.1.2 please include at the beginning of your 2 See 13 CFR 121.201.

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million in annual receipts, Tribal governments or on the private (5) Review ONC–ACB surveillance respectively.3 sector of more than $135 million results to determine if the results We do not believe that this rule annually. indicate any substantive non- proposes requirements for the ONC–AA Executive Order 13132 establishes conformance by ONC–ACBs with the that would be unexpected by certain requirements that an agency conditions of their respective accreditation organizations interested in must meet when it promulgates a accreditations. serving as the ONC–AA. An proposed rule (and subsequent final * * * * * accreditation organization serving as the rule) that imposes substantial direct 3. In § 170.523, republish the ONC–AA would expect to be required to requirement costs on State and local introductory text and revise paragraph properly fulfill its responsibilities and governments, preempts State law, or (a) to read as follows: exhibit proper conduct or be subject to otherwise has Federalism implications. consequences. Moreover, as noted Since this proposed rule does not § 170.523 Principles of proper conduct for above, we indicated in prior rulemaking impose any costs on State or local ONC–ACBs. concerning the permanent certification governments, the requirements of An ONC–ACB shall: program that we expected to issue this Executive Order 13132 are not (a) Maintain its accreditation, or if a proposed rule and gave a general applicable. new ONC–AA is approved by the overview of the topics it would likely In accordance with the provisions of National Coordinator, obtain address. We believe the processes that Executive Order 12866, this proposed accreditation from the new ONC–AA we have proposed constitute the rule was not reviewed by the Office of within 12 months or a reasonable period minimum amount of requirements Management and Budget. specified by the National Coordinator necessary to accomplish our policy and maintain such accreditation; List of Subjects in 45 CFR Part 170 goals and that no appropriate regulatory * * * * * alternatives could be developed to Computer technology, Electronic 4. Add § 170.575 to read as follows: lessen the compliance burden for the health record, Electronic information ONC–AA. As for ONC–ACBs, this system, Electronic transactions, Health, § 170.575 Removal of the ONC–AA. proposed rule mitigates any potential Health care, Health information (a) Conduct violations. The National negative consequences of removing and technology, Health insurance, Health Coordinator may remove the ONC–AA replacing the ONC–AA if required. records, Hospitals, Incorporation by for committing a conduct violation. Should the ONC–AA be replaced, this reference, Laboratories, Medicaid, Conduct violations include violations of proposed rule permits ONC–ACBs to Medicare, Privacy, Reporting and law or permanent certification program retain their status and provides ONC– recordkeeping requirements, Public policies that threaten or significantly ACBs up to 12 months or a reasonable health, Security. undermine the integrity of the period specified by the National For the reasons set forth in the permanent certification program. These Coordinator to obtain accreditation from preamble, 45 CFR subtitle A, subchapter violations include, but are not limited the new ONC–AA. Furthermore, the D, part 170, is amended as follows: to: false, fraudulent, or abusive activities proposed process for addressing that affect the permanent certification instances where the ONC–AA engages PART 170—HEALTH INFORMATION program, a program administered by in improper conduct or fails to perform TECHNOLOGY STANDARDS, HHS or any program administered by its responsibilities under the permanent IMPLEMENTATION SPECIFICATIONS, the Federal government. certification program could create AND CERTIFICATION CRITERIA AND (b) Performance violations. The positive effects for program participants CERTIFICATION PROGRAMS FOR National Coordinator may remove the by increasing the accountability of the HEALTH INFORMATION ONC–AA for failing to timely or ONC–AA and protecting the integrity of TECHNOLOGY adequately correct a performance the permanent certification program. We violation. Performance violations 1. The authority citation for part 170 examined the implications of this constitute a failure to adequately continues to read as follows: proposed rule and have concluded, and perform the ONC–AA’s responsibilities the Secretary certifies, that this Authority: 42 U.S.C. 300jj–11; 42 U.S.C. as specified in § 170.503(e). proposed rule will not have a significant 300jj–14; 5 U.S.C. 552. (1) Noncompliance notification. If the economic impact on a substantial 2. In § 170.503, revise paragraph National Coordinator obtains reliable number of small entities. (e)(2), redesignate and republish evidence that the ONC–AA may no Section 202 of the Unfunded paragraphs (e)(3) and (e)(4) as longer be adequately performing its Mandates Reform Act of 1995 requires paragraphs (e)(4) and (e)(5), and add responsibilities specified in that agencies assess anticipated costs new paragraph (e)(3) to read as follows: § 170.503(e), the National Coordinator and benefits before issuing any rule will issue a noncompliance notification whose mandates require spending in § 170.503 Requests for ONC–AA status with reasons for the notification to the any 1 year of $100 million in 1995 and ONC–AA ongoing responsibilities. ONC–AA requesting that the ONC–AA dollars, updated annually for inflation. * * * * * respond to the alleged violation and In 2011, that threshold level is (e) * * * correct the violation, if applicable. approximately $136 million. This (2) Verify that the certification bodies (2) Opportunity to become compliant. proposed rule will not impose an it accredits and ONC–ACBs conform to, The ONC–AA is permitted up to 30 days unfunded mandate on State, local, and at a minimum, ISO/IEC Guide 65:1996 from receipt of a noncompliance (incorporated by reference in § 170.599); notification to submit a written response 3 The SBA references that annual receipts means (3) Ensure the surveillance and accompanying documentation that ‘‘total income’’ (or in the case of a sole approaches used by ONC–ACBs include demonstrates that no violation occurred proprietorship, ‘‘gross income’’) plus ‘‘cost of goods the use of consistent, objective, valid, or that the alleged violation has been sold’’ as these terms are defined and reported on and reliable methods; corrected. Internal Revenue Service tax return forms. For more information on the SBA’s size standards, see the (4) Verify that ONC–ACBs are (i) If the ONC–AA submits a response, SBA’s Web site at: http://www.sba.gov/content/ performing surveillance in accordance the National Coordinator is permitted small-business-size-regulations. with their respective annual plans; and up to 60 days from the time the

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response is received to evaluate the (2) A decision to remove the ONC–AA The guidance would be used to help response and reach a decision. The is final and not subject to further review ensure uniform application of the safety National Coordinator may, if necessary, unless the National Coordinator chooses regulations by enforcement personnel, request additional information from the to reconsider the removal. motor carriers and commercial motor ONC–AA during this time period. (g) Extent and duration of removal. (1) vehicle drivers. (ii) If the National Coordinator The removal of the ONC–AA is effective DATES: Comments must be received on determines that no violation occurred or upon the date specified in the removal or before June 30, 2011. that the violation has been sufficiently notice provided to the ONC–AA. ADDRESSES: You may submit comments corrected, the National Coordinator will (2) An accreditation organization that identified by Federal Docket issue a memo to the ONC–AA is removed as the ONC–AA must cease Management System Number FMCSA– confirming this determination. all activities under the permanent 2011–0146 by any of the following Otherwise, the National Coordinator certification program, including methods: may propose to remove the ONC–AA in accepting new requests for accreditation • Federal eRulemaking Portal: http:// accordance with paragraph (c) of this under the permanent certification www.regulations.gov. Follow the online section. program. instructions for submitting comments. (c) Proposed removal. (1) The (3) An accreditation organization that • Fax: 1–202–493–2251. National Coordinator may propose to is removed as the ONC–AA is • Mail: Docket Management Facility, remove the ONC–AA if the National prohibited from being considered for (M–30), U.S. Department of Coordinator has reliable evidence that ONC–AA status for a period of 1 year Transportation (DOT), 1200 New Jersey the ONC–AA has committed a conduct from the effective date of its removal as Avenue, SE., West Building, Ground violation; or the ONC–AA. Floor, Room 12–140, Washington, DC (2) The National Coordinator may Dated: May 24, 2011. 20590–0001. • propose to remove the ONC–AA if, after Kathleen Sebelius, Hand Delivery: Same as mail the ONC–AA has been notified of an Secretary. address above, between 9 a.m. and alleged performance violation, the 5 p.m., ET, Monday through Friday, [FR Doc. 2011–13372 Filed 5–27–11; 8:45 am] ONC–AA fails to: except Federal holidays. The telephone (i) Rebut the alleged violation with BILLING CODE 4150–45–P number is 202–366–9329. sufficient evidence showing that the To avoid duplication, please use only violation did not occur or that the one of these four methods. All DEPARTMENT OF TRANSPORTATION violation has been corrected; or submissions must include the Agency (ii) Submit to the National Federal Motor Carrier Safety name and docket number for this notice. Coordinator a written response to the Administration See the ‘‘Public Participation’’ heading noncompliance notification within the below for instructions on submitting specified timeframe under paragraph 49 CFR Parts 383 and 390 comments and additional information. (b)(2) of this section. Note that all comments received, (d) Opportunity to respond to a [Docket No. FMCSA–2011–0146] including any personal information proposed removal notice. (1) The ONC– Regulatory Guidance: Applicability of provided, will be posted without change AA may respond to a proposed removal to http://www.regulations.gov. Please notice, but must do so within 20 days the Federal Motor Carrier Safety Regulations to Operators of Certain see the ‘‘Privacy Act’’ heading below. of receiving the proposed removal Docket: For access to the docket to notice and include appropriate Farm Vehicles and Off-Road Agricultural Equipment read background documents or documentation explaining in writing comments received, go to http:// why it should not be removed as the AGENCY: Federal Motor Carrier Safety www.regulations.gov at any time or to ONC–AA. Administration (FMCSA), DOT. Room W12–140 on the ground floor of (2) Upon receipt of the ONC–AA’s ACTION: Notice; request for public the DOT Headquarters Building at 1200 response to a proposed removal notice, comment. New Jersey Avenue, SE., Washington, the National Coordinator is permitted DC 20590, between 9 a.m. and 5 p.m., up to 60 days to review the information SUMMARY: FMCSA requests public ET, Monday through Friday, except submitted by the ONC–AA and reach a comment on: (1) Previously published Federal holidays. decision. regulatory guidance on the distinction Privacy Act: Anyone is able to search (e) Retention of ONC–AA status. If the between interstate and intrastate the electronic form of all comments National Coordinator determines that commerce in deciding whether received into any of our dockets by the the ONC–AA should not be removed, operations of commercial motor name of the individual submitting the the National Coordinator will notify the vehicles within the boundaries of a comment (or signing the comment, if ONC–AA in writing of this single State are subject to the Federal submitted on behalf of an association, determination. Motor Carrier Safety Regulations business, labor union, etc.). You may (f) Removal. (1) The National (FMCSRs); (2) the factors the States are review DOT’s Privacy Act System of Coordinator may remove the ONC–AA using in deciding whether farm vehicle Records Notice for the DOT Federal if: drivers transporting agricultural Docket Management System published (i) A determination is made that commodities, farm supplies and in the Federal Register on January 17, removal is appropriate after considering equipment as part of a crop share 2008 (73 FR 3316), or you may visit the information provided by the ONC– agreement are subject to the commercial http://edocket.access.gpo.gov/2008/pdf/ AA in response to the proposed removal driver’s license regulations; and (3) E8-785.pdf. notice; or proposed guidance to determine Public Participation: The http:// (ii) The ONC–AA does not respond to whether off-road farm equipment or www.regulations.gov Web site is a proposed removal notice within the implements of husbandry operated on generally available 24 hours each day, specified timeframe in paragraph (d)(1) public roads for limited distances are 365 days each year. You can get of this section. considered commercial motor vehicles. electronic submission and retrieval help

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and guidelines under the ‘‘help’’ section use those standards in issuing While this guidance remains correct, of the http://www.regulations.gov Web commercial driver’s licenses (CDLs). FHWA’s 1975 interpretations offered site. Comments received after the The FMCSA Administrator has been more detailed agricultural scenarios that comment closing date will be included delegated authority under 49 CFR can be helpful in understanding the in the docket, and will be considered to 1.73(L), (g), and (e)(1) to carry out the distinction between intra- and interstate the extent practicable. functions vested in the Secretary of commerce. Transportation by the 1935 Act, the FOR FURTHER INFORMATION CONTACT: For example, in one of the scenarios, Thomas L. Yager, Chief, Driver and 1984 Act, and the 1986 Act, respectively. grain is transported from farms to an Carrier Operations Division, Office of elevator in the same State. Although no Bus and Truck Standards and Background truckload or shipment is earmarked for Operations, Federal Motor Carrier Safety The Federal Motor Carrier Safety any particular out-of-State purchaser, all Administration, 1200 New Jersey Ave., Regulations (FMCSRs) (49 CFR parts of the grain is intended to be shipped to SE., Washington, DC 20590. 350–399) include several exceptions for E-mail: [email protected]. Phone (202) points outside the State. The grain is agricultural operations. The FMCSA 366–4325. graded, tested, and blended at the recently received inquiries about the elevator and then shipped to out-of- SUPPLEMENTARY INFORMATION: applicability of these exceptions. As a State points during the year following Legal Basis result, the Agency has identified three harvest. Under this scenario, the issues that could benefit from The Motor Carrier Act of 1935 (Pub. movement of the grain to the elevators clarification. First, how does one is considered interstate commerce (40 L. 74–255, 49 Stat. 543, August 9, 1935) distinguish between intra- and interstate FR 50671, 50674; October 31, 1975; (1935 Act) provides that the Secretary of commerce when a CMV is operated copy in docket). Here, the intent of the Transportation may prescribe within the boundaries of a single State? requirements for (1) qualifications and Second, should the Agency distinguish farmers (whether or not explicitly maximum hours of service of employees between indirect and direct articulated) was to have their grain of, and safety of operation and compensation in deciding whether a shipped out of the State of origin in equipment of, a motor carrier; and (2) farm vehicle driver is eligible for the order to obtain the best price. The grain qualifications and maximum hours of exception to the CDL requirements in 49 therefore remained in the stream of service of employees of, and standards CFR 383.3(d)(1)? Third, should interstate commerce until it reached its of equipment of, a motor private carrier, implements of husbandry and other destination. when needed to promote safety of farm equipment be considered CMVs? Another example from the 1975 operation (49 U.S.C. 31502(b)). interpretations discusses transit The Motor Carrier Safety Act of 1984 Distinguishing Between Intra- and arrangements. When it is the intent that (Pub. L. 98–554, Title II, 98 Stat. 2832, Interstate Commerce shipments originating in a State move to October 30, 1984) (1984 Act) provides Most of the Agency’s safety concurrent authority to regulate drivers, regulations, such as those in 49 CFR a point in that State for a transit service, motor carriers, and vehicle equipment. parts 390 through 399, are only and then move to points outside the It requires the Secretary of applicable to the operation of CMVs, as State, or the reverse, the intra-State Transportation to prescribe regulations defined in 49 CFR 390.5, in interstate portion to or from the transit point is that ensure that: (1) Commercial motor commerce. The Federal courts have considered interstate commerce. Many vehicles (CMVs) are maintained, generated a large body of case law on of the 1975 interpretations are based on equipped, loaded, and operated safely; the distinction between intra- and Motor Carrier Cases of the Interstate (2) the responsibilities imposed on interstate commerce. The FMCSA’s Commerce Commission (ICC). The operators of CMVs do not impair their regulatory guidance on this issue is Federal courts have largely ratified the ability to operate the vehicles safely; (3) largely controlled by those decisions. positions taken by the ICC. A copy of the physical condition of operators of The most recent guidance on this the relevant Motor Carrier Cases CMVs is adequate to enable them to question involves 49 CFR 390.3, General referenced in the 1975 notice is operate the vehicles safely; and (4) the applicability.1 included in the docket. When the motor operation of CMVs does not have a Question 6: How does one distinguish carrier safety functions of the ICC were deleterious effect on the physical between intra- and interstate commerce transferred to the U.S. Department of condition of the operators (49 U.S.C. for the purpose of applicability of the Transportation’s FHWA in the late 31136(a)). Section 211 of the 1984 Act FMCSRs? 1960s, FHWA relied upon the ICC’s also grants the Secretary broad power in Guidance: Interstate commerce is Motor Carrier Cases to ensure effective carrying out motor carrier safety statutes determined by the essential character of implementation of the motor carrier the movement, manifested by the and regulations to ‘‘prescribe safety program at the U.S. Department of shipper’s fixed and persistent intent at recordkeeping and reporting Transportation. requirements’’ and to ‘‘perform other the time of shipment, and is ascertained acts the Secretary considers from all of the facts and circumstances The FMCSA believes the 1975 and appropriate’’ (49 U.S.C. 31133(a)(8) and surrounding the transportation. When 1997 Federal Register notices provide (10), respectively). the intent of the transportation being helpful information for enforcement The Commercial Motor Vehicle Safety performed is interstate in nature, even officials and motor carriers. The Agency Act of 1986 (Pub. L. 99–570, Title XII, when the route is within the boundaries requests public comment on whether 100 Stat. 3207–170, October 27, 1986) of a single State, the driver and CMV are additional guidance or information is (1986 Act) directs the Secretary of subject to the FMCSRs. needed to clarify the distinction Transportation to prescribe regulations between intra- and interstate commerce on minimum standards for testing and 1 Like most of the guidance posted on the in the agricultural industry. If you Agency’s Web site, this guidance was published by believe it is needed, please describe ensuring the fitness of an individual the Federal Highway Administration’s Office of operating a commercial motor vehicle Motor Carriers, the predecessor to FMCSA, on April scenarios that would benefit from (49 U.S.C. 31305(a)). The States must 4, 1997 (62 FR 16369, 16404). further discussion.

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Applicability of the Commercial the information FMCSA has received sole purpose of transporting the Driver’s License (CDL) Rules to Farm about the varied interpretations of this materials or chemicals.’’ The State Vehicle Drivers Operating Under a phrase as it relates to crop share provides a list of examples: Subsoilers, Crop Share Farm Lease Agreement arrangements, however, it acknowledges dozers (provided they are for farm use), Under the Agency’s CDL regulations, that there may be uncertainty about how cultivators, farm tractors, reapers, persons who operate a CMV, as defined the phrase applies in the context of a binders, combines, cotton module in 49 CFR 383.5, in interstate or crop share arrangement. builders, planters, and discs. In this example, the State’s rules explain that intrastate commerce are required to As a result, FMCSA requests public implements of husbandry do not have a CDL. However, a limited comment on this issue. Specifically, include automobiles, trucks, or items exception is provided for drivers of farm FMCSA seeks information on the used on the farm such as irrigation vehicles (49 CFR 383.3(d)(1)). A State following questions: • How many States have exercised systems, silos, barns, etc. may, at its discretion, exempt drivers of the discretion provided by 49 CFR The FMCSA believes the experience farm vehicles that are: 383.3(d)(1) to include in their State CDL of State agencies in dealing with (1) Controlled and operated by a regulations an exception for farm implements of husbandry suggests that farmer, including operation by vehicle drivers? FMCSA should consider new regulatory employees or family members; • For States that have opted to guidance to emphasize a practical (2) Used to transport agricultural include the farm vehicle exception in approach for applying the safety products, farm machinery or farm their State CDL laws and regulations, requirements under 49 CFR parts 390– supplies to or from a farm; how are States interpreting the CDL 399 to agriculture, rather than one (3) Not used in the operations of a regulations as they relate to farm vehicle derived from strict, literal readings of common or contract motor carrier; and drivers working in a crop share the definitions of ‘‘commercial motor (4) Used within 241 kilometers (150 agreement? vehicle’’ and ‘‘motor vehicle’’ under 49 miles) of the farmer’s farm. • Do these States construe these CFR 390.5. Based on those definitions, The exception is limited to the regulations to make farm vehicle drivers almost any type of self-propelled or driver’s home State unless there is a working in a crop share agreement towed motor vehicle used on a highway reciprocity agreement with adjoining contract carriers? in interstate commerce is subject to the States. • If so, what evidence are States FMCSRs if the threshold for weight, It has come to FMCSA’s attention that reviewing to make the determination passenger-carrying capacity, or amount States may be taking varied approaches that a farm vehicle driver working in a of hazardous materials is reached. This in interpreting the meaning of ‘‘common crop share agreement is or is not is especially the case when the or contract motor carrier’’ as it relates to operating as a contract carrier? definition of ‘‘motor vehicle’’ is farm vehicle drivers operating under a • Is the Agency’s understanding of considered, which includes ‘‘any crop share agreement and, as a result, the crop share agreement accurate? vehicle, machine, tractor, trailer, or may be applying the CDL exception • What types of compensation semitrailer propelled or drawn by inconsistently. arrangements exist between farm mechanical power and used upon the As background, it is the Agency’s vehicle operators providing highways. * * *’’ (See 49 CFR 390.5) A understanding that in a crop share transportation services as part of a crop narrowly literal reading would mean arrangement, land owners generally rent share agreement and their landlords? applying the rules in circumstances out or lease their farm land to a tenant. where they would be impractical and Implements of Husbandry The tenant agrees to pay the landlord a produce no discernible safety benefits. share of the crops grown on the leased This third issue arises from the fact The FMCSA provides an example of lands as rent. This rent, i.e., a portion that while a number of States exempt a practical alternative approach in the of the crops, may be paid in a series of ‘‘implements of husbandry’’ from their existing regulatory guidance concerning installment payments. The parties agree vehicle safety regulations, there is no off-road construction equipment. that each will provide certain items of single, uniform definition of the term. Questions 6 and 7 from 49 CFR 383.3 equipment, materials, and labor, and For example, one State defines an and Questions 7 and 8 for 49 CFR 390.5 pay a share of the expenses to run the implement of husbandry as farm from the 1997 Federal Register notice farming operations. The tenant agrees to equipment that is equipped with (62 FR 16369, 16406) are reprinted use the land for agricultural purposes pneumatic tires, infrequently operated below. only, and to farm the land in accordance or moved on highways and used for the § 383.3 Question 6 and § 390.5 with proper farming practices. The benefit of the farmer’s agricultural Question 7: Does off-road motorized parties will share in the decision operations to perform agricultural construction equipment meet the making and management of the farming production or harvest activities or definitions of ‘‘motor vehicle’’ and operations to the extent set out in the transport agricultural products or ‘‘commercial motor vehicle’’ as used in lease. The landlord has a lien on the agricultural supplies. Implements of §§ 383.5 and 390.5? crops as security for the rent payable husbandry can also be earthmoving Guidance: No. Off-road motorized under the lease. In most cases, it equipment used in farming operations. construction equipment is outside the appears that the share cropper Farm tractors and combines are typical scope of these definitions: (1) When transports the landlord’s portion of the examples of what would be considered operated at construction sites; and (2) crops to market in his or her own CMV to be implements of husbandry. when operated on a public road open to and is indirectly and implicitly Another State’s regulations explain unrestricted public travel, provided the compensated for this service in the form that implements of husbandry include equipment is not used in furtherance of of a reduction in the landlord’s share in farm implements, machinery and tools, a transportation purpose. Occasionally the crops produced. as used in tilling the soil, including self- driving such equipment on a public The FMCSA believes that the propelled machinery specifically road to reach or leave a construction site reference to ‘‘operations of a common or designed or adapted for applying plant does not amount to furtherance of a contract carrier’’ in the CDL exception food materials or agricultural chemicals transportation purpose. Since (49 CFR 383.3(d)(1)(iii)) is clear. Given but not ‘‘designed or adapted for the construction equipment is not designed

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to operate in traffic, it should be Guidance: The term implements of finding on a petition to list the Puerto accompanied by escort vehicles or in husbandry should be narrowly Rican harlequin butterfly (Atlantea some other way separated from the construed and limited to equipment tulita) as endangered and to designate public traffic. This equipment may also which, by its design and function is critical habitat under the Endangered be subject to State or local permit obviously not designed or used to travel Species Act of 1973, as amended. After requirements with regard to escort at normal highway speeds in the stream reviewing all available scientific and vehicles, special markings, time of day, of traffic. Examples of such equipment commercial information, we find that day of the week, and/or the specific include, but are not limited to, farm the listing of the Puerto Rican harlequin route. tractors, subsoilers, cultivators, reapers, butterfly is warranted. Currently, § 383.3 Question 7 and § 390.5 binders, combines, cotton module however, listing the Puerto Rican Question 8: What types of equipment builders, planters, and discs. harlequin butterfly is precluded by are included in the category of off-road higher priority actions to amend the Request for Comments motorized construction equipment? Lists of Endangered and Threatened Guidance: The definition of off-road FMCSA requests public comment on: Wildlife and Plants. Upon publication motorized construction equipment is to (1) The distinction between interstate of this 12-month petition finding, we be narrowly construed and limited to and intrastate commerce in making the will add the Puerto Rican harlequin equipment which, by its design and determination whether certain butterfly to our candidate species list. If function is obviously not intended for transportation by CMVs, within the an emergency situation develops with use, nor is it used on a public road in boundaries of a single State, is subject this species that warrants an emergency furtherance of a transportation purpose. to the FMCSRs; (2) the relevance of the listing, we will act immediately to Examples of such equipment include distinction between direct and indirect provide additional protection. We will motor scrapers, backhoes, motor compensation in deciding whether develop a proposed rule to list the graders, compactors, tractors, trenchers, certain farm vehicle drivers working Puerto Rican harlequin butterfly as our bulldozers and railroad track under a crop share arrangement are priorities allow. We will make any maintenance cranes. subject to the Agency’s CDL regulations; determination on critical habitat during The FMCSA proposes to issue new and, (3) the determination whether development of the proposed listing regulatory guidance to address certain off-road farm equipment and rule. During any interim period, we will implements of husbandry, consistent implements of husbandry operated on address the status of the candidate taxon with the approach used for off-road public roads for limited distances through our annual Candidate Notice of motorized construction equipment. The should be considered CMVs and subject Review (CNOR). Agency requests public comment on to the Agency’s vehicle safety DATES: The finding announced in this this issue and the following proposal. equipment regulations. Specifically, the Agency requests The Agency will consider all document was made on May 31, 2011. comments on whether there are specific comments received by close of business ADDRESSES: This finding is available on examples of implements of husbandry on June 30, 2011. Comments will be the Internet at http:// that should be included in the guidance available for examination in the docket www.regulations.gov at Docket Number to assist the enforcement community at the location listed under the FWS–R4–ES–2010–0026. Supporting and the industry in achieving a common ‘‘Addresses’’ section of this notice. The documentation we used in preparing understanding of how to apply the Agency will consider to the extent this finding is available for public safety regulations. practicable comments received in the inspection, by appointment, during public docket after the closing date of normal business hours at the U.S. Fish Proposed Regulatory Guidance: the comment period. and Wildlife Service, Caribbean Applicability of the FMCSRs to Ecological Services Field Office, Road Issued on: May 20, 2011. Implements of Husbandry 301, Km. 5.1, Boquero´n, PR 00622. Anne S. Ferro, § 383.5 Question 13 and § 390.5 Please submit any new information, Question 33 Administrator. materials, comments, or questions [FR Doc. 2011–13035 Filed 5–27–11; 8:45 am] Question: Do implements of concerning this finding to the above BILLING CODE 4910–EX–P husbandry meet the definitions of street address. ‘‘commercial motor vehicle’’ as used in FOR FURTHER INFORMATION CONTACT: Ms. 49 CFR 383.5 and 390.5? Marelisa Rivera, Assistant Field Guidance: No. Implements of DEPARTMENT OF THE INTERIOR Supervisor, Caribbean Ecological Services Field Office, P.O. Box 491, husbandry are outside the scope of these Fish and Wildlife Service definitions when operated: (1) At a Boquero´n, PR 00622; by telephone at (787) 851–7297; or by facsimile at (787) farm; or (2) on a public road open to 50 CFR Part 17 unrestricted public travel, provided the 851–7440. Persons who use a equipment is not designed or used to [Docket No. FWS–R4–ES–2010–0026; MO telecommunications device for the deaf travel at normal highway speeds in the 92210–0–0008] (TDD) may call the Federal Information stream of traffic. This equipment, Relay Service (FIRS) at 800–877–8339. Endangered and Threatened Wildlife however, must be operated in SUPPLEMENTARY INFORMATION: and Plants; 12-Month Finding on a accordance with State and local safety Background laws and regulations as required by 49 Petition To List Puerto Rican Harlequin CFR 392.2 and may be subject to State Butterfly as Endangered Section 4(b)(3)(B) of the Endangered or local permit requirements with regard AGENCY: Fish and Wildlife Service, Species Act of 1973, as amended to escort vehicles, special markings, Interior. (Act)(16 U.S.C. 1531 et seq.), requires time of day, day of the week, and/or the ACTION: Notice of 12-month petition that for any petition to revise the Lists specific route. finding. of Endangered and Threatened Wildlife Question: What types of equipment and Plants that contains substantial are included in the category of SUMMARY: We, the Fish and Wildlife scientific and commercial information implements of husbandry? Service (Service), announce a 12-month indicating that listing the species may

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be warranted, we make a finding within Species Information imvolucrata (cariaquillo), Randia 12 months of the date of receipt of the Taxonomy and Species Description aculeate (tintillo), Vernonia albicaulis petition. In this finding, we determine (no common name), Poitea paucifolia whether the petitioned action is: (a) Not The Puerto Rican harlequin butterfly (no common name), Leucaena warranted; (b) warranted; or (c) is endemic to Puerto Rico and is one of leucocephala (leucaena), Eupatorium warranted, but the immediate proposal the four species endemic to the Greater odoratum (no common name), Erithalis of a regulation implementing the Antillean genus Atlantea (Biaggi- fructicosa (no common name), Distictis petitioned action is precluded by other Caballero 2009, p. 1). The species was lactifolia (no common name), Bidens pending proposals to determine whether described by German lepidopterist Dr. pilosa (no common name), Croton species are endangered or threatened, Herman Dewitz in 1877, from rigidus (adormidera), Staehytarpeta and expeditious progress is being made specimens collected by Dr. Leopold jamaicensis (no common name), to add or remove qualified species from Krug in the Municipality of Stigmaphyllon emargiuatum (bull reed), the Federal Lists of Endangered and Quebradillas, Puerto Rico. and Tabebuia heterophylla (roble). Threatened Wildlife and Plants. Section The Puerto Rican harlequin butterfly The Puerto Rican harlequin butterfly 4(b)(3)(C) of the Act requires that we has a wing span of about 2 to 2.5 inches has only been observed utilizing the treat a petition for which the requested (in) (6 centimeters (cm)) wide. Female Oplonia spinosa (prickly bush) as its action is found to be warranted but and male harlequin butterflies are host plant (plant used for laying the eggs precluded as though resubmitted on the similar in color patterns and size. This and serves as a food source for the date of such finding, that is, requiring a butterfly is brownish black at the dorsal development of the larvae). Oplonia subsequent finding to be made within area with deep orange markings and spinosa is a common tropical coastal 12 months. We must publish these 12- confused black markings at the half shrub and is widely distributed in month findings in the Federal Register. basal anterior wing. The posterior wing Puerto Rico. The Puerto Rican harlequin has a wide black border enclosing a set butterfly only lays eggs in the vegetative Previous Federal Actions of reddish-bronze sub-marginal points. (green) stems on the apical zone (the On February 25, 2009, we received a The ventral side of the anterior wing is tenderest zone on Oplonia spinosa new petition dated February 24, 2009, from similar to the dorsal anterior wing, and growth) (Biaggi-Caballero 2010, p. 2). No Mr. Javier Biaggi-Caballero requesting the posterior is black with orange basal other stage of host plant is used for that we list the Puerto Rican harlequin spots and a complete postdiscal beige ovoposition (action of laying eggs). The butterfly as endangered and designate band with a band of reddish spots chrysalis is also attached to dried twigs critical habitat under the Act. The distally and sub-marginal white half- of the host plant (Biaggi-Caballero 2009, petition clearly identified itself as such moons. The costa, the most anterior p. 3). The adult butterflies feed from the and included the requisite identification (leading) edge of a wing, in males is gray nectars of the flowers available at the information for the petitioner, as and wide. site but have not been observed feeding required in 50 CFR 424.14(a). In an Females are multivoltine ovipositors from the prickly bush. The majority of April 9, 2009, letter to the petitioner, we (they produce several broods in a single the individuals were found feeding on responded that we had received the season) (Biaggi-Caballero 2009, p. 2). flowers of sea grape, palo de vaca, and petition. We stated that we would make Habitat cariaquillo. a finding, to the maximum extent Carrio´n-Cabrera (2003, p. 40) states practicable within 90 days, as to The Puerto Rican harlequin butterfly that the dispersion of the species is whether or not the petition presented occurs within the subtropical moist limited by the monophagus habit of the substantial information. forest life zone on limestone-derived larvae (only utilizes the prickly bush). In that letter, we also stated that if the soil in the Northern karst Region (Ewel Additionally, the butterfly flies slowly initial finding concludes that the and Whitmore 1973, p. 25) and in the and is weak and fragile; the species is petition presents substantial subtropical wet forest on serpentine- considered relatively sedentary (not able information indicating that the derived soil in the Maricao to move or disperse in a given requested action may be warranted, we Commonwealth Forest (Ewel and environment) (Carrio´n-Cabrera 2003, must commence a review of the status Whitmore 1973, p. 32). The subtropical p. 51). of the species concerned and at the moist forest life zone on limestone- conclusion of our status review, we derived soil covers about 1.15 percent Distribution would prepare and publish our 12- (10,338 ha (25,545.75 ac)) of the total The historic range of the Puerto Rican month finding on the petition to list the area of Puerto Rico (USDA 2008, p. 21), harlequin butterfly includes the Puerto Rican harlequin butterfly as however, the subtropical wet forest on Northern karst Region, the Central- endangered or threatened and, if serpentine-derived soil cover about 0.04 western Volcanic Region, and the prudent and determinable, designate percent (358 ha (884.63 ac)) of the total Southern karst Region of Puerto Rico. critical habitat under the Act. area of Puerto Rico (USDA 2008, p. 20). Within these three regions, the species On April 26, 2010, we published a 90- It has been observed on a forest historically had been reported from five day finding (75 FR 21568) in which we associated with the coastal cliffs of the municipalities: (1) In the Northern karst concluded that the petition provided area in Quebradillas and on Region, the species was reported from substantial information that listing of sclerophullous forest (type of vegetation the Municipalities of Quebradillas and the Puerto Rican harlequin butterfly characterized by hard, leathery, Arecibo; (2) in the Central-western may be warranted, and we initiated a evergreen foliage that is specially Volcanic Region, the species was status review. To assist us in that status adapted to prevent moisture loss) in reported from the Municipalities of review, we requested comments and Maricao Commonwealth Forest. The Maricao and Sabana Grande; and (3) in information from the public and asked vegetation in the Puerto Rican harlequin the Southern karst Region, the species that they be submitted on or before June butterfly’s habitat in Quebradillas was reported from the Municipality of 25, 2010. This notice constitutes the 12- consists of Oplonia spinosa (prickly Pen˜ uelas (Carrio´n-Cabreara 2003, p. 32). month finding on the February 24, 2009, bush), Cocoloba uvifera (sea grape), Recently, the Puerto Rican harlequin petition to list the Puerto Rican Boureria suculenta (palo de vaca), butterfly has been reported from two harlequin butterfly as endangered. Lantana camara (cariaquillo), Lantana populations in two regions: (1) The

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Quebradillas population in the Northern occupy an area of 0.26 ha (0.65 acres access from the Municipality of Maricao karst Region, and (2) the Maricao (2,630.5 square meters)); and to the Municipality of Sabana Grande. population in the Central-western • One small patch in Puerto Ermina The Puerto Rican harlequin butterfly Volcanic-Serpentine Region (Pe´rez-Asso in the Municipality of Camuy (Biaggi- has not been found in the Southern et al. 2009, p. 94). The Quebradillas Caballero 2010, pers. comm.). karst Region since 1926 (Biaggi- population occurs in approximately 144 The Quebradillas population occurs Caballero 2010, p. 4). ha (356 acres) strip of forested habitat in private lands and public lands. Five Carrio´n-Cabrera (2003, p. 60) observed located on the northern coastal cliff of the 10 patches known in the only 235 Puerto Rican harlequin between the Municipalities of Isabela, Municipality of Quebradillas fall within butterfly imagoes (mature adult stage) in Quebradillas, and Camuy (Biaggi- El Merendero, a public land managed 12 months of surveys (2 sample days per Caballero 2009, p. 4). Here, the species’ for recreation (Monzo´n-Carmona 2007, month) on 0.82 acre in Quebradillas. habitat is limited to the east by the p. 84). The other 7 patches, including However, more recently, Biaggi- Bellacas Creek, to the west by the the patch in the Municipality of Isabela Caballero (2009, p. 4) estimated the Guajataca River, to the north by the and the patch in the Municipality of population to be 45 or fewer adults on Atlantic Ocean, and to the south by Camuy are located in private lands. any given day in the Municipality of Puerto Rico (PR) Highway 2 (a state road In the Central-western Volcanic- Quebradillas. Larva counts were that runs parallel to the north coast from Serpentine Region, the Puerto Rican reported to be between 10 and 100 per Aguadilla to San Juan) and deforested harlequin butterfly occurs in the census day (2 man-hours of search areas utilized for agricultural practices Maricao Commonwealth Forest, a public efforts), and the presence of more than such as cattle grazing. Within the forest managed for conservation by the one generation confirms the species’ Northern karst Region, the Puerto Rican Puerto Rico Department of Natural and multivoltine (producing several broods harlequin butterfly occurs in: Environmental Resources. The Maricao in a season) nature. From July to • Commonwealth Forest is located December, the larva population is lower 10 scattered patches in the between the Municipalities of Maricao than during the rest of the year. Terranova and San Jose´ wards in the and Sabana Grande in the central-west Since 2002, only 3 imagoes (Biaggi- Municipality of Quebradillas that section of the island to the west of Caballero 2010, p. 5) and 12 larvae (H. occupy an area of 1.05 ha (2.6 acres Mayaguez, approximately 108.88 Torres 2010, pers. comm.) of the Puerto (10,525 square meters)) (Monzo´n- kilometers (km) (67.66 miles (mi)) from Rican harlequin butterfly have been Carmona 2007, p. 42); San Juan (Pe´rez-Asso et al. 2009, p. 94). reported in the Maricao Commonwealth • One patch in the forested cliff of The discrete population of Puerto Rican Forest between the 16.0-km (9.94-mi) Coto ward in the Municipality of Isabela harlequin butterflies occurs near PR and 16.8-km (10.44-mi) points of PR (Monzo´n-Carmona 2007, p. 41) that Highway 120, a state road that provides Highway 120.

TABLE 1—CURRENT DISTRIBUTION OF THE PUERTO RICAN HARLEQUIN BUTTERFLY IN PUERTO RICO (USFWS, 2011)

Regions of Puerto Rico Municipalities Estimated populations Hectare (ha) (acres) Species presence

Northern Karst Region ...... Isabela, Quebradillas and 45 or less imagoes/10 to 1.3 ha (3.2 acres) Current population (Biaggi- Camuy. 100 larva (Carrio´n- (Monzo´n-Carmona 2007, Caballero 2010, p. 4). Cabreara 2003, p. 34). p. 44). Central-western Volcanic- Maricao ...... No more than 5 imagoes/ Not determinate (unknown) Current population (Pe´rez- Serpentine Region. no more than 10 larva Asso et al. 2009, p. 94). (Carrio´n-Cabrera 2003, p. 48). Sabana Grande ...... Unknown ...... Unknown ...... Not observed since 1980’s (Biaggi-Caballero 2010, p. 4). Southern Karst Region ...... Pen˜uelas ...... Unknown ...... Unknown ...... Not observed since 1926 (Biaggi-Caballero 2010, p. 4).

The Puerto Rican harlequin butterfly determined to be endangered or provided in section 4(a)(1) of the Act is population has been estimated at threatened based on any of the discussed below. around 50 imagoes in the Northern karst following five factors: In considering what factors might Region (Biaggi-Caballero 2009, p. 4) and (A) The present or threatened constitute threats to a species, we must fewer than 20 imagoes in the Volcanic- destruction, modification, or look beyond the exposure of the species serpentine center mountain of the island curtailment of its habitat or range; to a particular factor to evaluate whether (Carrio´n-Cabrera 2003, p. 48). (B) Overutilization for commercial, the species may respond to that factor Summary of Information Pertaining to recreational, scientific, or education in a way that causes actual impacts the the Five Factors purposes; species. If there is exposure to a factor Section 4 of the Act (16 U.S.C. 1533) (C) Disease or predation; and the species responds negatively, the and its implementing regulations (50 (D) The inadequacy of existing factor may be a threat and, during the CFR 424) set forth procedures for adding regulatory mechanisms; or status review, we attempt to determine species to, removing species from, or (E) Other natural or manmade factors how significant a threat it is. The threat reclassifying species on the Federal affecting its continued existence. is significant if it drives, or contributes Lists of Endangered and Threatened In making this finding, information to, the risk of extinction of the species Wildlife and Plants. Under section pertaining to the Puerto Rican harlequin such that the species warrants listing as 4(a)(1) of the Act, a species may be butterfly in relation to the five factors endangered or threatened as those terms

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are defined in the Act. However, the suitable habitat is within an area likely future trends in habitat loss and identification of the factors that could classified by both municipalities and fragmentation from development, we impact a species negatively may not be the Puerto Rico Planning Board (PRPB) find that the Puerto Rican harlequin sufficient to compel a finding that the as a ‘‘Zone of Tourist Interest’’ (PRPB butterfly is threatened by the present or species warrants listing. The 2009, online data at http:// threatened destruction, modification, or information must include evidence www.jp.gobierno.pr). Zone of Tourist curtailment of its habitat or range. sufficient to suggest that these factors Interest is an area that by its natural Factor B: Overutilization for are operative threats that act on the features and historic value has the Commercial, Recreational, Scientific, or species to the point that the species may potential to be developed to promote Educational Purposes meet the definition of endangered or tourisms. Further, the coastline of threatened under the Act. Isabella and Quebradillas is under An unknown number of Puerto Rican pressure of urban and tourist harlequin butterflies have been Factor A: The Present or Threatened development, with only small remnants collected for scientific purposes and Destruction, Modification, or of coastal vegetation conserved in the deposited in universities and private Curtailment of the Species’ Habitat or steeper areas of the northern cliff. In this collections (J. Biaggi-Caballero 2011, Range area, landowners clear vegetative cover pers. comm.). However, at the present Habitat modification and habitat to the edge of the cliff so that potential time, only a few researchers are working fragmentation have been identified by buyers have a better view of the with the Puerto Rican harlequin species experts as the main threat to the property and its landscape (Biaggi- butterfly, and collection of the species is Puerto Rican harlequin butterfly Caballero 2010, p. 9). According to the regulated by Puerto Rico Department of (Carrio´n-Cabrera 2003, p. 44; Monzo´n- PRPB, 11 development projects are Natural and Environmental Resources Carmona 2007, p. 54; Biaggi-Caballero under evaluation around the species’ (DNER). 2009, p. 1; Pe´rez-Asso et al. 2009, p. 11; habitat, possibly affecting 74.8 cuerdas We are not aware of any information DNER 2010, p. 11). The consequences of (29.4 ha (72.6 ac)) in Quebradillas that indicates the butterflies are being the loss and fragmentation of natural (PRPB 2010, online data). Urban sought by collectors or collected for habitat for the species is detrimental development in or around the Puerto other purposes. Therefore, we do not because the species: (a) Is sedentary, (b) Rican harlequin butterfly’s habitat find that overutilization for commercial, has limited distribution, (c) has highly would directly and indirectly fragment recreational, scientific, or educational specialized ecological requirements and impact its habitat and would limit purposes threatens the Puerto Rican (discussed in more detail under Factor its population expansion in the area. harlequin butterfly. E), and (d) is considered a specialist Additionally, the establishment of Factor C: Disease or Predation species because of the larvae’s residential and tourist developments is monophagous habit of feeding only on expected to increase traffic and Biaggi-Caballero (2010, p. 8) suggests Oplonia spinosa (Carrio´n-Cabrera 2003, therefore is likely to require road the abundance of spiders (Misumenus p. 40). improvements in proximity to the bubulcus, Peucetia viridians, Argiope The Puerto Rican harlequin butterfly Puerto Rican harlequin butterfly’s argentata and Nephila clavipes) as a faces significant threats from the habitat. The biological effects to the possible source of predation to the existing and imminent destruction, species of the existing roads have not Puerto Rican harlequin butterfly. He modification, and curtailment of its been studied and are not understood in also mentions lizards (Anolis habitat and geographic range in the Quebradillas and Maricao. However, cristatellus and Anolis striatus) and Municipalities of Isabella, Quebradillas, increasing vehicle traffic on the roads birds (Tyrannus dominguensis, and Camuy. Most of the suitable habitat within the essential habitat of a species Dendroinca adelaida adelaida, and for the species, especially in the with difficulties to move or disperse can Quiscalus brachypterus) as possible Municipality of Quebradillas, is result in mortality due to collisions and, predators. Although no predator has currently fragmented by urban in some instances, can be catastrophic been documented attacking and eating development. Dr. Stuart Ramos reported to the population and should not be imagoes, larvae, or eggs, the sudden that, in 1997, one of the healthiest underestimated (Glista 2007, p. 85). The disappearance of larvae under populations of the species showed a combination of habitat fragmentation observation suggests depredation drastic decrease after the use of heavy and high road density may negatively (Biaggi-Caballero 2010, p. 8). Although equipment to clear vegetation in the impact the species and its habitat. the Puerto Rican harlequin butterfly Puente Blanco area (Carrio´n-Cabrera Summary of Factor A may face predation by spiders, lizards, 2003, p. 13). Biaggi-Caballero (2010, p. and birds, we are not aware of any data 3) expects that between 2010 and 2011 Based on the above, we believe that that indicate that predation is a more than 30 percent of existing habitat the Puerto Rican harlequin butterfly is significant threat to the species. in the Municipality of Quebradillas currently threatened by residential and We are not aware of any information would be lost as a result of urban tourist development and habitat regarding any impacts from either development. In areas where fragmentation. Development and habitat disease or predation on the Puerto Rican undeveloped land remains, the species’ fragmentation within suitable habitat harlequin butterfly. Therefore, we do larval food plant is likely to be affected would substantially affect the not find that disease or predation by existing agricultural practices that distribution and abundance of the threatens the Puerto Rican harlequin result in deforestation to increase grass species, as well as its habitat, butterfly. lands, such as cattle grazing. throughout its range. The scope and Currently, the Puerto Rican harlequin timing of this factor are considered by Factor D: The Inadequacy of Existing butterfly is threatened by large-scale the Service to be high and imminent Regulatory Mechanisms residential and tourist projects, which because the known populations occur in The Puerto Rico Department of are planned within and around its areas that are subject to development, Natural and Environmental Resources habitat in northern Puerto Rico. For increased traffic, and increased road (DNER) designated the Puerto Rican instance, in the municipalities of maintenance and construction. harlequin butterfly as Critically Isabella and Quebradillas, occupied Therefore, based on the existing and Endangered under Commonwealth Law

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241 and Regulation 6766 on February Limited Distribution observed in 12 months. Eggs and larvae 11, 2004 (DNER 2007, p. 42; DNER The Puerto Rican harlequin butterfly have been found only on Oplonia 2010, p. 1). Article 2 of Regulation 6766 is vulnerable to extinction due to low spinosa (Biaggi-Caballero 2010, p. 2). Its includes all prohibitions and states that population numbers and restricted broods generally contain 50 to 150 eggs, the designation as ‘critically distribution (only two isolated with an average of 102 eggs per brood ´ endangered’ prohibits any person to colonies), coupled with habitat (Carrion-Cabrera 2003, p. 38). The take the species; including harm, alteration or loss, and the monophagus author also found that the number of possess, transport, destroy, import or habit of its larvae (Carrio´n-Cabrera 2003, larvae decreased as the number of adult export individuals, nests, eggs, or p. 40). The Quebradillas population individuals increased. This information juveniles without previous occupy about 0.9 percent of the total suggests that the population dynamic of the species may be synchronized with authorization from the Secretary of area of the forested habitat located on an undetermined environmental factor DNER (DNER 2007, p. 28). At the the northern cliff between the (Carrio´n-Cabrera 2003, p. 46). present time, the DNER has not Municipality of Isabela, Quebradillas designated critical habitat for the and Camuy. For instance, in Human-Induced Fire species under Regulation 6766. Quebradillas, where the most significant Human-induced fire is a current Therefore, protection of the species’ population occurs, the species occupies threat for the species at Quebradillas habitat does not exist at this time. 2 2 only 10,525 square meters (m ) (2.6 ac and at Maricao (Biaggi-Caballero 2009 p. 2 Although the Commonwealth Law (1.05 ha )) distributed in 10 scattered 5; Biaggi-Caballero 2010, p. 10). Fire 2 241 and Regulation 6766 provide patches that fluctuate from 77 m (0.019 may kill adult, young and larva of 2 2 2 2 adequate protection for the species, ac (0.007 ha )) to 3,287 m (0.812 ac Puerto Rican harlequin butterfly, and however the lack of effectiveness of (0.387 ha2)) (Monzo´n-Carmona 2007, temporarily/permanent eliminates its enforcement makes them inadequate for p. 44). Its small range may reflect a habitat. The Maricao Commonwealth the protection of the habitat of the remnant population of a once widely- Forest had been subjected to human- Puerto Rican harlequin butterfly, and distributed butterfly whose habitat has induced fire, affecting habitat particularly its host plant (Biaggi- been altered or lost due to previous land potentially used by the species. At the Caballero 2010, p. 9). Biaggi-Caballero uses. Dr. Hernan Torres, entomologist at Maricao Commonwealth Forest, the (2010, p. 9) states that constant violation the University of Puerto Rico, suggests species occurs in the driest section of of the law occurs when the species’ that its limited distribution may be an the forest near PR Road 120. On habitat is modified, destroyed, or effect of deforestation for agricultural February 25, 2005, arson burned more fragmented by urban development and practices and of pesticides uses for pest than 400 acres with unknown effects to vegetation-clearing activities. The host and mosquito control (H. Torres 2010, the Puerto Rican harlequin butterfly plant is considered a common species pers. comm.). population (Biaggi-Caballero 2010, associated with edges of forested lands Although the host plant Oplonia p. 10). This fire likely had at least and is not protected by Commonwealth spinosa has been found widely temporary effects on the butterfly’s Law 241 or Regulation 6766. Under distributed throughout Puerto Rico, the habitat, but we have no information Factor A and Factor E, we discuss in Puerto Rican harlequin butterfly was regarding these effects and whether or more detail certain cases of lack of only detected in two localities (Carrio´n- not they were permanent. In enforcement that have led to threats to Cabreara 2003, p. 39). Additionally, Quebradillas, the species’ habitat in the the species and its habitat. For these Monzo´n-Carmona (2007, p. 43) suggests Puente Blanco area (which is where the reasons, we conclude that existing that although the species can disperse most significant population occurs) is regulatory mechanisms may be several hundred meters (approximately threatened by fires associated with inadequate to protect the habitat of the 800 meters (2,625 feet)) and has the clandestine garbage dumps on Road Puerto Rican harlequin butterfly. capacity to colonize adjacent patches of 4485 (DENR 2010, unpublished data, Oplonia spinosa, it also shows the p. 23). Summary of Factor D smallest geographic range of any butterfly in Puerto Rico. This Use of Herbicides and Pesticides Commonwealth Law 241 and information suggests that the current The use of herbicides is a current Regulation 6766 provide protection for limited distribution of the Puerto Rican threat to the species and its host plant, the Puerto Rican harlequin butterfly but harlequin butterfly is based on an Oplonia spinosa, which is found at the not to its habitat. Based on the above undetermined ecological requirement of edges of roads and open areas. The use information, we conclude that the the species found in these particular of herbicides is a current practice Puerto Rican harlequin butterfly is sites at Isabela, Quebradillas, Camuy implemented by neighborhoods to threatened by the inadequacy of existing and Maricao. eliminate vegetation along the access regulatory mechanisms. road to Puente Blanco (Road 4485) and Low Reproductive Capacity and Highly private properties, and it affects an Factor E: Other Natural or Manmade Specialized Ecological Requirements Factors Affecting the Continued undetermined number of Oplonia Existence of the Species The Puerto Rican harlequin butterfly’s spinosa plants in Quebradillas (C. low reproductive capacity and its highly Pacheco, USFWS, personal observation Based on a review of the best specific ecological requirements for 2009). available information, we have reproduction are a threat to the species Further, fumigation programs are determined that the Puerto Rican because it has been reduced from a being implemented by the harlequin butterfly may also be larger historical range and population Commonwealth of Puerto Rico and local threatened by: Its limited distribution, size, and these characteristics make the health officials at Terranova and San low reproductive capacity, and species less resilient and resistant to Jose´ wards to control dengue fever (a ecological requirements; human- stressors that may impact existing virus-based disease spread by induced fire; use of herbicides and popluations. Carrio´n-Cabrera (2003, p. mosquitoes) (Biaggi-Caballero 2010, pesticides; vegetation management; and 60) conducted a species survey where p. 9). The area where this population climate change. only 235 adult individuals were occurs in Quebradillas is surrounded by

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residential development. No pesticide known range and did not identify any current, and future urban, agricultural, use guidelines have been developed data related to the effects of climate and commercial development. Available where the species occurs (Biaggi- change on the species. We also searched information indicates that a substantial Caballero 2010, p. 9). for similar data related to the prickly portion of the Puerto Rican harlequin bush and did not find any data. butterfly’s habitat will be affected in the Vegetation Management Additionally, there is no information near future. One of the surviving Vegetation management at El regarding naturally occurring fires, wind populations is located on private lands Merendero in Quebradillas (public land patterns, and extreme weather and the other population is located in managed as a recreational area and (including droughts, heavy the Maricao Commonwealth Forest. Any where the species currently occurs) may precipitation, heat waves, and the habitat modification that results in loss adversely affect the Puerto Rican intensity of tropical cyclones) as a result or fragmentation may cause irreversible harlequin butterfly and its host plant. of weather. Potential effects of climate damage to the species’ natural habitat Oplonia spinosa grows on both sides of change on the species and its habitat are and will cause further declines in the the existing hiking trails and around the currently unknown. Therefore, at this number of individuals. Threats by picnic areas. Maintenance personnel time, we do not consider climate change modification of the natural habitat are frequently trim the new growth of to be a threat to the species and its evidenced by the decrease in Oplonia spinosa to remove vegetation habitat. individuals in recent years and by from the trails and picnic areas. The development pressure on Quebradillas Summary of Factor E Puerto Rican harlequin butterfly uses (see Factor A). the tenderest vegetative branches of new The primary natural or manmade The inadequacy of existing regulatory growth of the host plant for bearing its threats to the Puerto Rican harlequin mechanisms (Factor D) is a threat eggs and feeding during the larval stages butterfly appear to be the species’ because populations located on public (Biaggi-Caballero 2010, p. 2). Trimming limited distribution and its highly and private lands lack effective the host plant and clearing the specialized ecological requirements. enforcement of existing regulatory vegetation in these areas may result in The scope of these threats is considered mechanisms to protect the Puerto Rican mortality of the Puerto Rican harlequin high and imminent. These threats may harlequin butterfly. butterfly’s eggs and larvae. Currently, no promote susceptibility to declines and We also consider the Puerto Rican guidelines about vegetation affect the species’ populations directly harlequin butterfly’s limited management and clearing have been during all life stages. [ In combination distribution and specialized ecological developed to avoid or minimize effects or by themselves, the primary natural or requirements (Factor E) to be significant to the species and its host plant. manmade threats explained above may threats to the species and its habitat. exacerbate the intensity, duration, and The use of herbicides and hand-clearing Climate Change exposure level of any other threats of vegetation may change the conditions The Intergovernmental Panel on acting upon the species, including the necessary for the species to complete its Climate Change (IPCC) concluded that use of herbicides and pesticides, cycle or life, and may affect Oplonia evidence of warming of the climate vegetation management, and human- spinosa’s seed germination or seedling system is unequivocal (IPCC 2007a, p. induced fires. Based on this recruitment at Quebradillas. However, 30). Numerous long-term climate information, we conclude that other at this time, we have no evidence of any changes have been observed, including natural or manmade factors affecting the regulation of pesticide or herbicide use, changes in arctic temperatures and ice, continued existence of the species or of manual cutting of vegetation in and widespread changes in constitute a threat to the Puerto Rican and around the species’ habitat. precipitation amounts, ocean salinity, harlequin butterfly now, and that this Additionally, the effects of fire on the wind patterns, and aspects of extreme threat is expected to continue and population is unclear at Maricao (see weather, including droughts, heavy potentially increase in the foreseeable Factor E). In addition, the low numbers precipitation, heat waves, and the future. of individuals per population, the intensity of tropical cyclones (IPCC specialist requirements of the species, 2007b, p. 7). While continued change is Finding and fragmented distribution may certain, the magnitude and rate of As required by the Act, we conducted threaten the existence of the species (see change is unknown in many cases. a review of the status of the species and Factor E). Species that are dependent on considered the five factors in assessing The Service does not have specialized habitat types, that are whether the Puerto Rican harlequin information that suggests overutilization limited in distribution or that have butterfly is endangered or threatened (Factor B) or disease and predation become restricted to the extreme throughout all or a significant portion of (Factor C) may threaten the continued periphery of their range will be most its range. We examined the best existence of the species. In general, the susceptible to the impacts of climate scientific and commercial information majority of the factors mentioned in the change. As previously mentioned, the available regarding the past, present, five-factor analysis may adversely affect Puerto Rican harlequin butterfly is only and future threats faced by the species. the known populations of the Puerto known from the North karst Region and We reviewed the petition, information Rican harlequin butterfly. Depending on the central-western Volcanic-serpentine available in our files, other available the intensity and the immediacy of such Region of Puerto Rico, and requires a published and unpublished threats, these factors, either by very specialized habitat type. Therefore, information, and we consulted with themselves or in combination, are we found the data to be restrictive and Puerto Rican harlequin butterfly experts operative threats that act on the species did not find any site-specific climate and other Federal and State agencies. and its habitat. change information for the Puerto Rican This status review identified threats On the basis of the best scientific and harlequin butterfly or its habitat. We to the species attributable to Factors A, commercial information available, we searched for studies and literature D, and E. One of the primary threats to find that the listing of the Puerto Rican related to the effects of climate change the species comes from the destruction, harlequin butterfly as endangered or throughout the Puerto Rican harlequin modification, or curtailment of its threatened is warranted. Moreover, butterfly’s historical and currently habitat (Factor A) in the form of past, because of the small and restricted

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populations of this species and because species’ continued existence. This is the carefully reviewed the available of the threats described above, the highest priority that can be provided to taxonomic information to reach the Puerto Rican harlequin butterfly should this species under our guidance. Our conclusion that Puerto Rican harlequin be listed as endangered or threatened rationale for assigning the Puerto Rican butterfly is a valid taxon at the species throughout its entire range. We will harlequin butterfly an LPN of 2 is level. The Puerto Rican harlequin make a determination on the status of outlined below. butterfly faces high magnitude, the species as endangered or threatened Under the Service’s LPN guidance, imminent threats. Thus, in accordance during the proposed listing process. As the magnitude of threats is the first with our LPN guidance, we have explained in more detail below, an criterion we look at when establishing a assigned the Puerto Rican harlequin immediate proposal of a regulation listing priority. The guidance indicates butterfly an LPN of 2. implementing this action is precluded that species with the highest magnitude We will continue to monitor the by higher priority listing actions, and of threats are those species facing the threats to the Puerto Rican harlequin progress is being made to add or remove greatest threats to their existence. These butterfly, and the species’ status, on an qualified species from the Lists of species receive the highest listing annual basis, and should the magnitude Endangered and Threatened Wildlife priority. We consider the threats to the or the imminence of the threats change, and Plants. Puerto Rican harlequin butterfly to be we will revise the LPN accordingly. We reviewed the available high in magnitude because many of the Work on a proposed listing information to determine if the existing threats that we analyzed are present determination for the Puerto Rican and foreseeable threats render the throughout the range and are likely to harlequin butterfly is precluded by work species at risk of extinction now such result in an adverse impacts to the on higher priority listing actions with that issuing an emergency regulation status of the species because of its small absolute statutory, court-ordered, or temporarily listing the species in population size and limited court-approved deadlines and final accordance with section 4(b)(7) of the distribution. listing determinations for those species Act is warranted. We determined that Under our LPN guidance, the second that were proposed for listing with issuing an emergency regulation criterion we consider in assigning a funds from Fiscal Year 2011. This work temporarily listing the species is not listing priority is the immediacy of includes all the actions listed in the warranted for this species at this time, threats. This criterion is intended to tables below under Preclusion and even though the threats are of a high ensure that species facing actual, Expeditious Progress. identifiable threats are given priority magnitude and imminent. We base that Preclusion and Expeditious Progress decision on the existence of two over those for which threats are will populations known to occur in Puerto likely occur in the future, or species that Preclusion is a function of the listing Rico. We do not have any information are intrinsically vulnerable but are not priority of a species in relation to the that these populations are at risk of known to be presently facing threats. resources that are available and the cost extinction now. However, if at any time Not all threats to the Puerto Rican and relative priority of competing we determine that issuing an emergency harlequin butterfly are imminent, but demands for those resources. Thus, in regulation temporarily listing the we do have evidence of some currently any given fiscal year (FY), multiple species is warranted, we will initiate ongoing threats. Studies show that the factors dictate whether it will be such action at that time. Puerto Rican harlequin butterfly is possible to undertake work on a listing limited by its lack of recruitment and proposal or whether promulgation of Listing Priority Number low reproductive capacity, both of such a proposal is precluded by higher The Service adopted guidelines on which are likely due to habitat priority listing actions. September 21, 1983 (48 FR 43098), to fragmentation. The resources available for listing establish a rational system for utilizing Threats under Factor A are high in actions are determined through the available resources for the highest magnitude and imminent because the annual Congressional appropriations priority species when adding species to known populations occur in areas process. The appropriation for the the Lists of Endangered or Threatened subject to development, increased Listing Program is available to support Wildlife and Plants or reclassifying traffic, and increased road maintenance work involving the following listing species listed as threatened to and construction. The potential for actions: Proposed and final listing rules; endangered status. These guidelines, inadequacy of regulatory mechanisms 90-day and 12-month findings on titled ‘‘Endangered and Threatened (Factor D) due to enforcement is petitions to add species to the Lists of Species Listing and Recovery Priority considered moderate in magnitude and Endangered and Threatened Wildlife Guidelines,’’ address the immediacy imminent. The majority of the threats and Plants (Lists) or to change the status and magnitude of threats, and the level under Factor E are high in magnitude of a species from threatened to of taxonomic distinctiveness by and imminent because they are endangered; annual ‘‘resubmitted’’ assigning priority in descending order to currently occurring throughout the petition findings on prior warranted- monotypic genera (genus with one range of the species and result in the but-precluded petition findings as species), full species, and subspecies (or lack of successful recruitment. Threats required under section 4(b)(3)(C)(i) of equivalently, distinct population under Factor E have occurred in the past the Act; critical habitat petition segments of vertebrates). We assigned and are clearly a threat today and in the findings; proposed and final rules the Puerto Rican harlequin butterfly a near future. These impacts directly designating critical habitat; and Listing Priority Number (LPN) of 2 affect the species’ ability to reproduce litigation-related, administrative, and based on our finding that the species and expand to larger areas, and may program-management functions faces threats that are of high magnitude promote susceptibility to population (including preparing and allocating and are imminent. These threats include declines. budgets, responding to Congressional the present or threatened destruction, The third criterion in our LPN and public inquiries, and conducting modification, or curtailment of its guidelines is intended to devote public outreach regarding listing and habitat; the inadequacy of existing resources to those species representing critical habitat). The work involved in regulatory mechanisms; and other highly distinctive or isolated gene pools preparing various listing documents can natural or manmade factors affecting the as reflected by taxonomy. We have be extensive and may include, but is not

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limited to: Gathering and assessing the more efficient in our work. At this time, that, the Service anticipates needing to best scientific and commercial data for FY 2011, we do plan to use some of dedicate $11,632,000 for determinations available and conducting analyses used the critical habitat subcap funds to fund of critical habitat for already listed as the basis for our decisions; writing proposed listing determinations. species. Also $500,000 is appropriated and publishing documents; and We make our determinations of for foreign species listings under the obtaining, reviewing, and evaluating preclusion on a nationwide basis to Act. The Service thus has $9,971,000 public comments and peer review ensure that the species most in need of available to fund work in the following comments on proposed rules and listing will be addressed first and also categories: compliance with court orders incorporating relevant information into because we allocate our listing budget and court-approved settlement final rules. The number of listing on a nationwide basis. Through the agreements requiring that petition actions that we can undertake in a given listing cap, the critical habitat subcap, findings or listing determinations be year also is influenced by the and the amount of funds needed to completed by a specific date; section 4 complexity of those listing actions; that address court-mandated critical habitat (of the Act) listing actions with absolute is, more complex actions generally are designations, Congress and the courts statutory deadlines; essential litigation- more costly. The median cost for have in effect determined the amount of related, administrative, and listing preparing and publishing a 90-day money available for other listing program-management functions; and finding is $39,276; for a 12-month activities nationwide. Therefore, the high-priority listing actions for some of finding, $100,690; for a proposed rule funds in the listing cap, other than those our candidate species. In FY 2010, the with critical habitat, $345,000; and for needed to address court-mandated Service received many new petitions a final listing rule with critical habitat, critical habitat for already listed species, and a single petition to list 404 species. $305,000. set the limits on our determinations of The receipt of petitions for a large We cannot spend more than is preclusion and expeditious progress. number of species is consuming the appropriated for the Listing Program Congress identified the availability of Service’s listing funding that is not without violating the Anti-Deficiency resources as the only basis for deferring dedicated to meeting court-ordered Act (see 31 U.S.C. 1341(a)(1)(A)). In the initiation of a rulemaking that is commitments. Absent some ability to addition, in FY 1998 and for each fiscal warranted. The Conference Report balance effort among listing duties year since then, Congress has placed a accompanying Public Law 97–304 under existing funding levels, it is statutory cap on funds that may be (Endangered Species Act Amendments unlikely that the Service will be able to expended for the Listing Program, equal of 1982), which established the current initiate any new listing determination to the amount expressly appropriated statutory deadlines and the warranted- for candidate species in FY 2011. for that purpose in that fiscal year. This but-precluded finding, states that the In 2009, the responsibility for listing cap was designed to prevent funds amendments were ‘‘not intended to foreign species under the Act was appropriated for other functions under allow the Secretary to delay transferred from the Division of the Act (for example, recovery funds for commencing the rulemaking process for Scientific Authority, International removing species from the Lists), or for any reason other than that the existence Affairs Program, to the Endangered other Service programs, from being used of pending or imminent proposals to list Species Program. Therefore, starting in for Listing Program actions (see House species subject to a greater degree of FY 2010, we used a portion of our Report 105–163, 105th Congress, 1st threat would make allocation of funding to work on the actions Session, July 1, 1997). resources to such a petition [that is, for Since FY 2002, the Service’s budget a lower-ranking species] unwise.’’ described above for listing actions has included a critical habitat subcap to Although that statement appeared to related to foreign species. In FY 2011, ensure that some funds are available for refer specifically to the ‘‘to the we anticipate using $1,500,000 for work other work in the Listing Program (‘‘The maximum extent practicable’’ limitation on listing actions for foreign species, critical habitat designation subcap will on the 90-day deadline for making a which reduces funding available for ensure that some funding is available to ‘‘substantial information’’ finding (see domestic listing actions; however, address other listing activities’’ (House 16 U.S.C. 1533(b)(3)(A)), that finding is currently only $500,000 has been Report No. 107—103, 107th Congress, made at the point when the Service is allocated for this function. Although 1st Session, June 19, 2001)). In FY 2002 deciding whether or not to commence a there are no foreign species issues and each year until FY 2006, the Service status review that will determine the included in our high-priority listing has had to use virtually the entire degree of threats facing the species, and actions at this time, many actions have critical habitat subcap to address court- therefore the analysis underlying the statutory or court-approved settlement mandated designations of critical statement is more relevant to the use of deadlines, thus increasing their priority. habitat, and consequently none of the the warranted-but-precluded finding, The budget allocations for each specific critical habitat subcap funds have been which is made when the Service has listing action are identified in the available for other listing activities. In already determined the degree of threats Service’s FY 2011 Allocation Table (part some FYs since 2006, we have been able facing the species and is deciding of our administrative record). to use some of the critical habitat whether or not to commence a For the above reasons, funding a subcap funds to fund proposed listing rulemaking. proposed listing determination for the determinations for high-priority In FY 2011, on April 9, 2011, Puerto Rican harlequin butterfly is candidate species. In other FYs, while Congress passed a continuing resolution precluded by court-ordered and court- we were unable to use any of the critical which provides funding at the FY 2010 approved settlement agreements, listing habitat subcap funds to fund proposed enacted level through April 15, 2011. actions with absolute statutory listing determinations, we did use some Until Congress appropriates funds for deadlines, work on final listing of this money to fund the critical habitat FY 2011 at a different level, we will determinations for those species that portion of some proposed listing fund listing work based on the FY 2010 were proposed for listing with funds determinations so that the proposed amount. Thus, at this time in FY 2011, from FY 2011, and work on proposed listing determination and proposed the Service anticipates an appropriation listing determinations for those critical habitat designation could be of $22,103,000 for the listing program candidate species with a higher listing combined into one rule, thereby being based on FY 2010 appropriations. Of priority.

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Based on our September 21, 1983, threats); and currently with fewer than In addition, we take into consideration guidelines for assigning an LPN for each 50 individuals, or fewer than 4 the availability of staff resources when candidate species (48 FR 43098), we populations, originally comprised a we determine which high-priority have a significant number of species group of approximately 40 candidate species will receive funding to with a LPN of 2. Using these guidelines, species (‘‘Top 40’’). These 40 candidate minimize the amount of time and we assign each candidate an LPN of 1 species have had the highest priority to resources required to complete each to 12, depending on the magnitude of receive funding to work on a proposed listing action. threats (high or moderate to low), listing determination. As we work on As explained above, a determination immediacy of threats (imminent or proposed and final listing rules for those that listing is warranted but precluded nonimminent), and taxonomic status of 40 candidates, we apply the ranking must also demonstrate that expeditious the species (in order of priority: criteria to the next group of candidates monotypic genus (a species that is the with an LPN of 2 and 3 to determine the progress is being made to add and sole member of a genus); species; or part next set of highest priority candidate remove qualified species to and from of a species (subspecies, distinct species. Finally, proposed rules for the Lists of Endangered and Threatened population segment, or significant reclassification of threatened species to Wildlife and Plants. As with our portion of the range)). The lower the endangered are lower priority, because ‘‘precluded’’ finding, the evaluation of listing priority number, the higher the as listed species, they are already whether progress in adding qualified listing priority (that is, a species with an afforded the protections of the Act and species to the Lists has been expeditious LPN of 1 would have the highest listing implementing regulations. However, for is a function of the resources available priority). efficiency reasons, we may choose to for listing and the competing demands Because of the large number of high- work on a proposed rule to reclassify a for those funds. (Although we do not priority species, we have further ranked species to endangered if we can discuss it in detail here, we are also the candidate species with an LPN of 2 combine this with work that is subject making expeditious progress in by using the following extinction-risk to a court-determined deadline. removing species from the list under the type criteria: International Union for the With our workload so much bigger Recovery program in light of the Conservation of Nature and Natural than the amount of funds we have to resource available for delisting, which is Resources (IUCN) Red list status/rank; accomplish it, it is important that we be funded by a separate line item in the Heritage rank (provided by as efficient as possible in our listing budget of the Endangered Species NatureServe); Heritage threat rank process. Therefore, as we work on Program. So far during FY 2011, we (provided by NatureServe); and species proposed rules for the highest priority have completed one delisting rule.) currently with fewer than 50 species in the next several years, we are Given the limited resources available for individuals, or 4 or fewer populations. preparing multi-species proposals when listing, we find that we are making Those species with the highest IUCN appropriate, and these may include expeditious progress in FY 2011 in the rank (critically endangered); the highest species with lower priority if they Listing Program. This progress included Heritage rank (G1); the highest Heritage overlap geographically or have the same preparing and publishing the following threat rank (substantial, imminent threats as a species with an LPN of 2. determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/6/2010 ...... Endangered Status for the Altamaha Proposed Listing Endangered ...... 75 FR 61664–61690 Spinymussel and Designation of Critical Habi- tat. 10/7/2010 ...... 12-Month Finding on a Petition to list the Sac- Notice of 12-month petition finding, Not war- 75 FR 62070–62095 ramento Splittail as Endangered or Threatened. ranted. 10/28/2010 ...... Endangered Status and Designation of Critical Proposed Listing Endangered (uplisting) ...... 75 FR 66481–66552 Habitat for Spikedace and Loach Minnow. 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Notice of 90-day Petition Finding, Not substantial 75 FR 67341–67343 Springs Salamander as Endangered. 11/2/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 67511–67550 Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Crit- ical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endan- Proposed Listing Endangered ...... 75 FR 67551–67583 gered. 11/4/2010 ...... 12-Month Finding on a Petition to List Cirsium Notice of 12-month petition finding, Warranted 75 FR 67925–67944 wrightii (Wright’s Marsh Thistle) as Endan- but precluded. gered or Threatened. 12/14/2010 ...... Endangered Status for Dunes Sagebrush Lizard Proposed Listing Endangered ...... 75 FR77801–77817 12/14/2010 ...... 12-Month Finding on a Petition to List the North Notice of 12-month petition finding, Warranted 75 FR 78029–78061 American Wolverine as Endangered or Threat- but precluded. ened. 12/14/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Warranted 75 FR 78093–78146 Sonoran Population of the Desert Tortoise as but precluded. Endangered or Threatened. 12/15/2010 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 75 FR 78513–78556 microcymbus and Astragalus schmolliae as but precluded. Endangered or Threatened. 12/28/2010 ...... Listing Seven Brazilian Bird Species as Endan- Final Listing Endangered ...... 75 FR 81793–81815 gered Throughout Their Range.

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FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

1/4/2011 ...... 90-Day Finding on a Petition to List the Red Knot Notice of 90-day Petition Finding, Not substantial 76 FR 304–311 subspecies Calidris canutus roselaari as En- dangered. 1/19/2011 ...... Endangered Status for the Sheepnose and Proposed Listing Endangered ...... 76 FR 3392–3420 Spectaclecase Mussels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Pacific Notice of 12-month petition finding, Warranted 76 FR 7634–7679 Walrus as Endangered or Threatened. but precluded. 2/17/2011 ...... 90-day Finding on a Petition To List the Sand Notice of 90-day Petition Finding, Substantial ..... 76 FR 9309–9318 Verbena Moth as Endangered or Threatened. 2/22/2011 ...... Determination of Threatened Status for the New Final Listing Threatened ...... 76 FR 9681–9692 Zealand-Australia Distinct Population Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Solanum Notice of 12-month petition finding, Warranted 76 FR 9722–9733 conocarpum (marron bacora) as Endangered. but precluded. 2/23/2011 ...... 12-Month Finding on a Petition to List Thorne’s Notice of 12-month petition finding, Not war- 76 FR 991–10003 Hairstreak Butterfly as Endangered. ranted. 2/23/2011 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 76 FR 10166–10203 hamiltonii, Penstemon flowersii, Eriogonum but precluded & Not Warranted. soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Wild Notice of 90-day Petition Finding, Not substantial 76 FR 10299–10310 Plains Bison or Each of Four Distinct Popu- lation Segments as Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not substantial 76 FR 10310–10319 Unsilvered Fritillary Butterfly as Threatened or Endangered. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Notice of 12-month petition finding, Warranted 76 FR 12667–12683 Charleston Blue Butterfly as Endangered or but precluded. Threatened. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Notice of 90-day Petition Finding, Substantial ..... 76 FR 12683–12690 Kangaroo Rat as Endangered or Threatened. 3/10/2011 ...... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–31322 3/15/2011 ...... Withdrawal of Proposed Rule to List the Flat- Proposed rule withdrawal ...... 76 FR 14210–14268 tailed Horned Lizard as Threatened. 3/22/2011 ...... 12-Month Finding on a Petition to List the Berry Notice of 12-month petition finding, Warranted 76 FR 15919–15932 Cave Salamander as Endangered. but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 18138–18143 Pygmy Sunfish as Endangered. 4/5/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not War- 76 FR 18684–18701 Bearmouth Mountainsnail, Byrne Resort ranted and Warranted but precluded. Mountainsnail, and Meltwater Lednian Stonefly as Endangered or Threatened. 4/5/2011 ...... 90-Day Finding on a Petition to List the Peary Notice of 90-day Petition Finding, Substantial ..... 76 FR 18701–18706 Caribou and Dolphin and Union population of the Barren-ground Caribou as Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Three Proposed Listing Endangered ...... 76 FR 20464–20488 Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Crit- ical Habitat. 4/13/2011 ...... 90-Day Finding on a Petition to List Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 20613–20622 Mountains Acastus Checkerspot Butterfly as Endangered. 4/14/2011 ...... 90-Day Finding on a Petition to List the Prairie Notice of 90-day Petition Finding, Substantial ..... 76 FR 20911–20918 Chub as Threatened or Endangered. 4/14/2011 ...... 12-Month Finding on a Petition to List Hermes Notice of 12-month petition finding, Warranted 76 FR 20918–20939 Copper Butterfly as Endangered or Threatened. but precluded. 4/26/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Substantial ..... 76 FR 23256–23265 Arapahoe Snowfly as Endangered or Threat- ened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Smooth- Notice of 90-day Petition Finding, Not substantial 76 FR 23265–23271 Billed Ani as Threatened or Endangered. 5/12/2011 ...... Withdrawal of the Proposed Rule to List the Proposed Rule, Withdrawal ...... 76 FR 27756–27799 Mountain Plover as Threatened.

Our expeditious progress also These actions are listed below. Actions the table are being conducted to meet includes work on listing actions that we in the top section of the table are being statutory timelines, that is, timelines funded in FY 2010 and FY 2011 but conducted under a deadline set by a required under the Act. Actions in the have not yet been completed to date. court. Actions in the middle section of bottom section of the table are high-

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priority listing actions. These actions when appropriate, include species with same proposed rule results in include work primarily on species with a lower priority if they overlap considerable savings in time and an LPN of 2, and, as discussed above, geographically or have the same threats funding, when compared to preparing selection of these species is partially as the species with the high priority. separate proposed rules for each of them based on available staff resources, and Including these species together in the in the future.

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

4 parrot species (military macaw, yellow-billed parrot, red-crowned parrot, scarlet macaw) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth 12-month petition finding. macaw) 5. 4 parrots species (crimson shining parrot, white cockatoo, Philippine cockatoo, yellow-crested 12-month petition finding. cockatoo) 5. Utah prairie dog (uplisting) ...... 90-day petition finding.

Actions With Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 6 Birds from Eurasia ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, Final listing determination. and laurel dace) 4. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Penstemon debilis (Parachute Final listing determination. Beardtongue), and Phacelia submutica (DeBeque Phacelia)) 4. Salmon crested cockatoo ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/Proposed listing. Dusky tree vole ...... 12-month petition finding. 5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechere (Arabis) 12-month petition finding. pusilla, Penstemon gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species 12-month petition finding. petition). 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 12-month petition finding. 475 species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Striped Newt 1 ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Puerto Rico Harlequin Butterfly 3 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Southeastern pop snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

Bay skipper ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding. Golden-winged warbler 4 ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly & Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Chimpanzee ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding. Carolina hemlock ...... 90-day petition finding. Western glacier stonefly (Zapada glacier) ...... 90-day petition finding. Thermophilic ostracod (Potamocypris hunteri) ...... 90-day petition finding. Sierra Nevada red fox 5 ...... 90-day petition finding.

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 Proposed listing. with LPN = 9). 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 Proposed listing. with LPN = 8). Chupadera springsnail 2 (Pyrgulopsis chupaderae) (LPN = 2) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama Proposed listing. pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Miami blue (LPN = 3) 3 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Proposed listing. Georgetown salamander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom Proposed listing. springsnail (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River Proposed listing. rose-mallow (Hibiscus dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen Proposed listing. plains cactus (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN =2)) 5. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound Proposed listing. applecactus (Harrisia (=Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)) 5. 21 Big Island (HI) species 5 (includes 8 candidate species—6 plants & 2 animals; 4 with LPN = Proposed listing. 2, 1 with LPN = 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) Proposed listing. (LPN = 3), streaked horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

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We have endeavored to make our review will determine if a change in from the Caribbean Ecological Services listing actions as efficient and timely as status is warranted, including the need Field Office (see ADDRESSES). possible, given the requirements of the to make prompt use of emergency listing Authors relevant law and regulations, and procedures. The primary authors of this notice are constraints relating to workload and We intend that any proposed the staff members of the Caribbean personnel. We are continually classification of the Puerto Rican Ecological Services Field Office (see considering ways to streamline harlequin butterfly will be as accurate as ADDRESSES). processes or achieve economies of scale, possible. Therefore, we will continue to such as by batching related actions accept additional information and Authority together. Given our limited budget for comments from all concerned implementing section 4 of the Act, these The authority for this section is governmental agencies, the scientific actions described above collectively section 4 of the Endangered Species Act community, industry, or any other constitute expeditious progress. of 1973, as amended (16 U.S.C. 1531 et interested party concerning this finding. seq.). The Puerto Rican harlequin butterfly will be added to the list of candidate References Cited Dated: May 15, 2011. species upon publication of this 12- Rowan W. Gould, A complete list of references cited is month finding. We will continue to Acting Director, Fish and Wildlife Service. available on the Internet at http:// monitor the status of this species as new [FR Doc. 2011–13224 Filed 5–27–11; 8:45 am] www.regulations.gov and upon request information becomes available. This BILLING CODE 4310–55–P

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Notices Federal Register Vol. 76, No. 104

Tuesday, May 31, 2011

This section of the FEDERAL REGISTER Fax: (202) 720–8938, or Email: SUMMARY: This notice lists the updated contains documents other than rules or [email protected]. quantity trigger levels for products proposed rules that are applicable to the which may be subject to additional public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: Marketing Order Nos. 916 and 917, both as import duties under the safeguard committee meetings, agency decisions and provisions of the WTO Agreement on rulings, delegations of authority, filing of amended (7 CFR Parts 916 and 917), petitions and applications and agency regulate the handling of nectarines and Agriculture. This notice also includes statements of organization and functions are peaches grown in California, and are the relevant period applicable for the examples of documents appearing in this effective under the Agricultural trigger levels on each of the listed section. Marketing Agreement Act of 1937, as products. amended (7 U.S.C. 601–604; ‘‘Act’’). The DATES: Effective Date: May 31, 2011. Federal programs for nectarines and FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE peaches are administered through a Safeguard Staff, Import Policies and partnership between the U.S. Export Reporting Division, Office of Agricultural Marketing Service Department of Agriculture (USDA) and Trade Programs, Foreign Agricultural the Reedley, CA-based California Tree [AMS–FV–11–0043; FV11–916/917–6] Service, U.S. Department of Agriculture, Fruit Agreement (CTFA). The Nectarine Stop 1021, 1400 Independence Avenue, Nectarines and Peaches Grown in Commodity Committee and the Peach SW., Washington, DC 20250–1021; or by California; Notice of Withdrawal Commodity Committee make up a part telephone at: (202) 720–0638; or by e- of the CTFA. AGENCY: Agricultural Marketing Service, On February 25, 2011, a notice mail at: [email protected]. USDA. requesting comments on the use of five SUPPLEMENTARY INFORMATION: Article 5 ACTION: Notice; withdrawal. new forms to collect information was of the WTO Agreement on Agriculture published in the Federal Register (76 provides that additional import duties SUMMARY: The Agricultural Marketing FR 10555) with a comment period may be imposed on imports of products Service (AMS) is withdrawing the ending on April 26, 2011. subject to tariffication as a result of the notice soliciting comments on its Continuance referenda were Uruguay Round, if certain conditions request for approval to use new forms to conducted among growers of California are met. The agreement permits collect information related to the nectarines and peaches in January and additional duties to be charged if the Federal marketing orders for nectarines February 2011. Fewer than two-thirds of price of an individual shipment of and peaches grown in California participating growers, by number and imported products falls below the (orders). Continuance referenda were production volume, voted in favor of average price for similar goods imported conducted among growers of California continuing the nectarine and peach during the years 1986–88 by a specified nectarines and peaches in January and orders. USDA has suspended the percentage. It also permits additional February 2011. Fewer than two-thirds of quality, inspection, reporting, and duties to be imposed if the volume of participating growers, by number and assessment requirements under the imports of an article exceeds the average production volume, voted in favor of orders (76 FR 21615), effective April 19, of the most recent 3 years for which data continuing the nectarine and peach 2011. USDA intends to initiate are available by 5, 10, or 25 percent, orders. USDA has suspended the termination of the orders. depending on the article. These quality, inspection, reporting, and Consequently, the forms that were additional duties may not be imposed assessment requirements under the proposed to be used are no longer on quantities for which minimum or orders (76 FR 21615), effective April 19, needed. The Agency has decided not to current access commitments were made 2011. USDA intends to seek termination proceed with the action. Therefore, the during the Uruguay Round negotiations, of the orders. notice published on February 25, 2011 and only one type of safeguard, price or DATES: Effective date: May 31, 2011. (76 FR 10555) is withdrawn. quantity, may be applied at any given FOR FURTHER INFORMATION CONTACT: Dated: May 24, 2011. time to an article. Andrew Hatch, Supervisory Marketing Rayne Pegg, Section 405 of the Uruguay Round Specialist, Marketing Order Administrator, Agricultural Marketing Agreements Act requires that the Administration Branch, Fruit and Service. President cause to be published in the Federal Register information regarding Vegetable Programs, AMS, USDA, 1400 [FR Doc. 2011–13482 Filed 5–27–11; 8:45 am] Independence Avenue, SW., STOP the price and quantity safeguards, BILLING CODE 3410–02–P 0237, Room 1406–S, Washington, DC including the quantity trigger levels, 20250–0237; Telephone: (202) 720– which must be updated annually based 6862, Fax: (202) 720–8938, Email: DEPARTMENT OF AGRICULTURE upon import levels during the most [email protected]. recent 3 years. The President delegated Small businesses may request Foreign Agricultural Service this duty to the Secretary of Agriculture information on this notice by contacting in Presidential Proclamation No. 6763, Antoinette Carter, Marketing Order WTO Agricultural Safeguard Trigger dated December 23, 1994, 60 FR 1005 Administration Branch, Fruit and Levels (Jan. 4, 1995). The Secretary of Vegetable Programs, AMS, USDA, 1400 AGENCY: Foreign Agricultural Service, Agriculture further delegated the duty to Independence Avenue, SW., STOP USDA. the Administrator of the Foreign 0237, Room 1406–S, Washington, DC Agricultural Service (7 CFR 2.43(a)(2) ACTION: Notice. 20250–0237; Telephone (202) 690–3919, (2007)). The Annex to this notice

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contains the updated quantity trigger Trigger Levels, published in the Federal Round Agricultural Safeguard Trigger levels. Register at 60 FR 427 (Jan. 4, 1995). Levels published in the Federal Notice: As provided in section 405 of Additional information on the Register, at 60 FR 427 (Jan. 4, 1995). the Uruguay Round Agreements Act, products subject to safeguards and the consistent with Article 5 of the Issued at Washington, DC, this 16th day of additional duties which may apply can Agreement on Agriculture, the safeguard May 2011. be found in subchapter IV of Chapter 99 quantity trigger levels previously Suzanne E. Heinen, of the Harmonized Tariff Schedule of notified are superceded by the levels Acting Administrator, Foreign Agricultural the United States (2011) and in the indicated in the Annex to this notice. Service. Secretary of Agriculture’s Notice of The definitions of these products were ANNEX Uruguay Round Agricultural Safeguard provided in the Notice of Uruguay

QUANTITY-BASED SAFEGUARD TRIGGER

Product Trigger level Period

Beef ...... 242,780 mt ...... January 1, 2011 to December 31, 2011. Mutton ...... 5,576 mt ...... January 1, 2011 to December 31, 2011. Cream ...... 867,562 liters ...... January 1, 2011 to December 31, 2011. Evaporated or Condensed Milk ...... 2,262,128 kilograms ...... January 1, 2011 to December 31, 2011. Nonfat Dry Milk ...... 327,518 kilograms ...... January 1, 2011 to December 31, 2011. Dried Whole Milk ...... 2,135,595 kilograms ...... January 1, 2011 to December 31, 2011. Dried Cream ...... 21,166 kilograms ...... January 1, 2011 to December 31, 2011. Dried Whey/Buttermilk ...... 18,594 kilograms ...... January 1, 2011 to December 31, 2011. Butter ...... 6,188,045 kilograms ...... January 1, 2011 to December 31, 2011. Butter Oil and Butter Substitutes ...... 6,441,469 kilograms ...... January 1, 2011 to December 31, 2011. Dairy Mixtures ...... 30,574,663 kilograms ...... January 1, 2011 to December 31, 2011. Blue Cheese ...... 4,530,512 kilograms ...... January 1, 2011 to December 31, 2011. Cheddar Cheese ...... 9,824,536 kilograms ...... January 1, 2011 to December 31, 2011. American-Type Cheese ...... 4,978,590 kilograms ...... January 1, 2011 to December 31, 2011. Edam/Gouda Cheese ...... 6,388,906 kilograms ...... January 1, 2011 to December 31, 2011. Italian-Type Cheese ...... 21,718,995 kilograms ...... January 1, 2011 to December 31, 2011. Swiss Cheese with Eye Formation ...... 26,060,155 kilograms ...... January 1, 2011 to December 31, 2011. Gruyere Process Cheese ...... 3,411,433 kilograms ...... January 1, 2011 to December 31, 2011. Lowfat Cheese ...... 448,925 kilograms ...... January 1, 2011 to December 31, 2011. NSPF Cheese ...... 41,636,693 kilograms ...... January 1, 2011 to December 31, 2011. Peanuts ...... 18,176 mt ...... April 1, 2010 to March 31, 2011. 19,279 mt ...... April 1, 2011 to March 31, 2012. Peanut Butter/Paste ...... 4,493 mt ...... January 1, 2011 to December 31, 2011. Raw Cane Sugar ...... 1,142,815 mt ...... October 1, 2010 to September 30, 2011. 1,278,131 mt ...... October 1, 2011 to September 30, 2012. Refined Sugar and Syrups ...... 176,800 mt ...... October 1, 2010 to September 30, 2011. 203,088 mt ...... October 1, 2011 to September 30, 2012. Blended Syrups ...... 134 mt ...... October 1, 2010 to September 30, 2011. 192 mt ...... October 1, 2011 to September 30, 2012. Articles Over 65% Sugar ...... 277 mt ...... October 1, 2010 to September 30, 2011. 247 mt ...... October 1, 2011 to September 30, 2012. Articles Over 10% Sugar ...... 15,083 mt ...... October 1, 2010 to September 30, 2011. 16,434 mt ...... October 1, 2011 to September 30, 2012. Sweetened Cocoa Powder ...... 1,054 mt ...... October 1, 2010 to September 30, 2011. 700 mt ...... October 1, 2011 to September 30, 2012. Chocolate Crumb ...... 8,051,334 kilograms ...... January 1, 2011 to December 31, 2011. Lowfat Chocolate Crumb ...... 211,289 kilograms ...... January 1, 2011 to December 31, 2011. Infant Formula Containing Oligosaccharides ...... 582,933 kilograms ...... January 1, 2011 to December 31, 2011. Mixes and Doughs ...... 383 mt ...... October 1, 2010 to September 30, 2011. 286 mt ...... October 1, 2011 to September 30, 2012. Mixed Condiments and Seasonings ...... 280 mt ...... October 1, 2010 to September 30, 2011. 432 mt ...... October 1, 2011 to September 30, 2012. Ice Cream ...... 2,309,155 liters ...... January 1, 2011 to December 31, 2011. Animal Feed Containing Milk ...... 39,223 kilograms ...... January 1, 2011 to December 31, 2011. Short Staple Cotton ...... 591,350 kilograms ...... September 20, 2010 to September 19, 2011. 30,605 kilograms ...... September 20, 2011 to September 19, 2012. Harsh or Rough Cotton ...... 0 kilograms ...... August 1, 2010 to July 31, 2011. 60 kilograms ...... August 1, 2011 to July 31, 2012. Medium Staple Cotton ...... 149,148 kilograms ...... August 1, 2010 to July 31, 2011. 51,298 kilograms ...... August 1, 2011 to July 31, 2012. Extra Long Staple Cotton ...... 2,017,042 kilograms ...... August 1, 2010 to July 31, 2011. 1,007,631 kilograms ...... August 1, 2011 to July 31, 2012. Cotton Waste ...... 432,133 kilograms ...... September 20, 2010 to September 19, 2011. 595,320 kilograms ...... September 20, 2011 to September 19, 2012. Cotton, Processed, Not Spun ...... 31,338 kilograms ...... September 11, 2010 to September 10, 2011. 75,787 kilograms ...... September 11, 2011 to September 10, 2012.

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[FR Doc. 2011–13223 Filed 5–27–11; 8:45 am] DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE BILLING CODE 3410–10–P Forest Service Forest Service

DEPARTMENT OF AGRICULTURE Trinity County Resource Advisory Dixie Resource Advisory Committee Committee Forest Service AGENCY: Forest Service, USDA. AGENCY: Forest Service, USDA. ACTION: Notice of meetings. Sitka Resource Advisory Committee ACTION: Notice of meeting. SUMMARY: The Dixie Resource Advisory AGENCY: Forest Service, USDA. Committee will meet in Cedar City, ACTION: Notice of meeting. SUMMARY: The Trinity County Resource Utah. The committee is meeting as Advisory Committee (RAC) will meet in authorized under the Secure Rural SUMMARY: The Sitka Resource Advisory Weaverville, California. The committee Schools and Community Self- Committee will meet in Sitka, Alaska. is authorized under the Secure Rural Determination Act (Pub. L. 110–343) The committee is meeting as authorized Schools and Community Self- and in compliance with the Federal under the Secure Rural Schools and Determination Act (Pub. L. 110–343) Advisory Committee Act. The purpose Community Self-Determination Act (the Act) and operates in compliance of this meeting is to make (Pub. L. 110–343) and in compliance with the Federal Advisory Committee recommendations for Title II projects. with the Federal Advisory Committee Act. The purpose of the committee is to DATES: Wednesday, June 29, 2011, Act. The purpose of this meeting, is to improve collaborative relationships and Wednesday, July 13, 2011, and finalize the list of funded projects. to provide advice and recommendations Thursday, August 11, 2011 DATES: The meeting will be held on June to the Forest Service concerning projects ADDRESSES: All of the meetings will be 22, 2011, and will begin at 4 p.m. and funding consistent with Title II of held at Paiute Tribe of Utah ADDRESSES: The meeting will be held at the Act. The meetings are open to the Headquarters, 440 North Paiute Drive the Forest Service Building, Katlian public. The purpose of the meetings are (200 East), Cedar City, Utah. The public Conference Room, 204 Siginaka Way, to review project presentations and vote is invited to attend the meetings. Sitka, Alaska. Written comments should on project proposals. FOR FURTHER INFORMATION CONTACT: be sent to Lisa Hirsch, Sitka Ranger Kenton Call, RAC Coordinator, Dixie District, 204 Siginaka Way, Sitka, DATES: The meetings will be held National Forest, (435) 865–3730; e-mail: Alaska 99835. Comments may also be Monday, July 25 and Monday, [email protected]. Individuals who use sent via e-mail to [email protected], September 12 at 6:30 p.m. telecommunication devices for the deaf or via facsimile to 907–747–4253. ADDRESSES: The meetings will be held at (TDD) may call the Federal Information All comments, including names and the Trinity County Office of Education, Relay Service (FIRS) at 1–800–877–8339 addresses when provided, are placed in 201 Memorial Drive, Weaverville, between 8 a.m. and 8 p.m., Eastern the record and are available for public California 96093. Written comments Standard Time, Monday through Friday. inspection and copying. The public may may be submitted as described under inspect comments received at Sitka SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION. Ranger District, 204 Siginaka Way, meetings are open to the public. The Sitka, Alaska. Visitors are encouraged to FOR FURTHER INFORMATION CONTACT: following business will be conducted: call ahead to 907–747–4214 to facilitate Donna Harmon, Designated Federal (1) Welcome and committee entry into the building. Official, at (530) 226–2595 or introductions; (2) Review of category voting from previous meeting; (3) [email protected]. FOR FURTHER INFORMATION CONTACT: Lisa Discussion of RAC project Hirsch, RAC coordinator, USDA, Individuals who use recommendations; and (4) Public Tongass NF, Sitka Ranger District, 204 telecommunication devices for the deaf comment on any proposals. Persons Siginaka Way, Sitka, Alaska 99835; 907– (TDD) may call the Federal Information who wish to bring related matters to the 747–4214; e-mail [email protected]. Relay Service (FIRS) at 1–800–877–8339 attention of the Committee may file SUPPLEMENTARY INFORMATION: The between 8 a.m. and 8 p.m., Eastern written statements with the Committee meeting is open to the public. The Standard Time, Monday through Friday. staff before or after the meeting. Public following business will be conducted: Requests for reasonable accomodation input will be accepted by the RAC (1) Introductions of all committee for access to the facility or procedings during the meetings. members, replacement members and may be made by contacting the person Dated: May 23, 2011. Forest Service personnel. (2) Selection listed FOR FURTHER INFORMATION. Robert G. MacWhorter, of a chairperson by the committee members. (3) Receive materials SUPPLEMENTARY INFORMATION: The Forest Supervisor. explaining the process for considering meetings are open to the public. Public [FR Doc. 2011–13326 Filed 5–27–11; 8:45 am] and recommending Title II projects; and input sessions will be provided and BILLING CODE 3410–11–P (4) Public Comment. Persons who wish individuals will have the opportunity to to bring related matters to the attention address the Trinity County Resource of the Committee may file written Advisory Committee. DEPARTMENT OF AGRICULTURE statements with the Committee staff Dated: May 23, 2011. Forest Service before or after the meeting. J. Sharon Heywood, Dated: May 23, 2011. Ravalli County Resource Advisory Forest Supervisor, Shasta-Trinity National Committee Carol A. Goularte, Forest. Designated Federal Officer. [FR Doc. 2011–13331 Filed 5–27–11; 8:45 am] AGENCY: Forest Service, USDA. [FR Doc. 2011–13363 Filed 5–27–11; 8:45 am] BILLING CODE 3410–11–P ACTION: Notice of meeting. BILLING CODE 3410–11–M

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SUMMARY: The Ravalli County Resource of the committee is to improve Dated: May 23, 2011. Advisory Committee will meet in collaborative relationships and to Steven A. Goldman, Hamilton, Montana. The purpose of the provide advice and recommendations to Designated Federal Official. meeting is for project presentations. the Forest Service concerning projects [FR Doc. 2011–13334 Filed 5–27–11; 8:45 am] DATES: The meeting will be held June and funding consistent with the title II BILLING CODE 3410–11–P 28, 2011 at 6:30 p.m. of the Act. The meeting is open to the ADDRESSES: The meeting will be held at public. The purpose of the meeting is to 1801 N. First Street. Written comments conduct committee business and to DEPARTMENT OF AGRICULTURE should be sent to Stevensville RD, 88 review proposed projects. Forest Service Main Street, Stevensville, MT 59870. DATES: The meeting will be held Comments may also be sent via e-mail Wednesday June 15, 2011 from 5:30 p.m. to 9:30 p.m. South Gifford Pinchot National Forest to [email protected] or via facsimile to Resource Advisory Committee 406–777–5461. ADDRESSES: The meeting will be held at All comments, including names and the Mio Ranger Station, 107 McKinley AGENCY: Forest Service, USDA. addresses when provided, are placed in Road, Mio, Michigan 48647. Written ACTION: Notice of meeting. the record and are available for public comments may be submitted as inspection and copying. The public may described under SUPPLEMENTARY SUMMARY: The South Gifford Pinchot inspect comments received at 88 Main INFORMATION. Resource Advisory Committee will meet Street, Stevensville, MT. Visitors are All comments, including names and in Stevenson, Washington. The encouraged to call ahead to 406–777– addresses when provided, are placed in committee is authorized under the 5461 to facilitate entry into the building. the record and are available for public Secure Rural Schools and Community inspection and copying. The public may Self-Determination Act (Pub. L. 110– FOR FURTHER INFORMATION CONTACT: inspect comments received at the Mio 343) (the Act) and operates in Daniel G. Ritter or Nancy Trotter at 406– Ranger Station. Please call ahead to compliance with the Federal Advisory 777–5461. (989) 826–3252 to facilitate entry into Committee Act. The purpose of the Individuals who use the building to view comments. committee is to improve collaborative telecommunication devices for the deaf FOR FURTHER INFORMATION CONTACT relationships and to provide advice and (TDD) may call the Federal Information : recommendations to the Forest Service Relay Service (FIRS) at 1–800–877–8339 Steven Goldman, Designated Federal concerning projects and funding between 8 a.m. and 8 p.m., Eastern Official or Carrie Scott, Natural consistent with the Title II of the Act. Standard Time, Monday through Friday. Resource Planner, Huron-Manistee National Forests, Mio Ranger Station, The meeting is open to the public. The SUPPLEMENTARY INFORMATION: The 107 McKinley Road, Mio, MI 48647; purpose of the meeting is to review and meeting is open to the public. Council (989) 826–3252. recommend fiscal year 2012 Title II discussion is limited to Forest Service Individuals who use project nominations to the Forest staff and Council members. However, telecommunication devices for the deaf Supervisor of the Gifford Pinchot persons who wish to bring project (TDD) may call the Federal Information National Forest. matters to the attention of the Council Relay Service (FIRS) at 1–800–877–8339 DATES: The meeting will be held Friday, may file written statements with the between 8 a.m. and 8 p.m., Eastern June 17, 2011, beginning at 9 a.m. Council staff before or after the meeting. Standard Time, Monday through Friday. Public input sessions will be provided ADDRESSES: The meeting will be held at Requests for reasonable accomodation Skamania Courthouse Annex, 170 and individuals who made written for access to the facility or procedings requests by June 27, 2011 will have the Northwest Vancouver Avenue, may be made by contacting the person Stevenson, WA 98648. Written opportunity to address the Council at listed FOR FURTHER INFORMATION those sessions. comments may be submitted as CONTACT. described under SUPPLEMENTARY Dated: May 23, 2011. SUPPLEMENTARY INFORMATION: The INFORMATION. Julie K. King, following business will be conducted: All comments, including names and Forest Supervisor. (1) Introductions and review of previous addresses when provided, are placed in [FR Doc. 2011–13324 Filed 5–27–11; 8:45 am] meeting; (2) Presentation of Title II the record and are available for public BILLING CODE P project proposals; (3) RAC discussion inspection and copying. The public may and Title II project recommendations inspect comments received at Gifford and (4) Public comment. Pinchot National Forest Headquarters, DEPARTMENT OF AGRICULTURE Anyone who would like to bring 10600 NE. 51st Circle, Vancouver, WA related matters to the attention of the 98682. Please call ahead to 360–891– Forest Service committee may file written statements 5001 to facilitate entry into the building with the committee staff before or after to view comments. Huron Manistee Resource Advisory the meeting. The agenda will include FOR FURTHER INFORMATION CONTACT: Committee Sue time for people to make oral statements Ripp, Partnership Coordinator, Gifford AGENCY: Forest Service, USDA. of three minutes or less. Individuals Pinchot National Forest, 360–891–5153, ACTION: Notice of meeting. wishing to make an oral statement and [email protected]. should request in writing by June 14, Individuals who use SUMMARY: The Huron Manistee Resource 2011 to be scheduled on the agenda. telecommunication devices for the deaf Advisory Committee will meet in Mio, Written comments and requests for time (TDD) may call the Federal Information Michigan. The committee is authorized for oral comments must be sent to Relay Service (FIRS) at 1–800–877–8339 under the Secure Rural Schools and Huron Manistee RAC, c/o Mio Ranger between 8 a.m. and 8 p.m., Eastern Community Self-Determination Act Station, 107 McKinley Road, Mio Standard Time, Monday through Friday. (Pub. L. 110–343) (the Act) and operates Michigan 48647 or by e-mail to Requests for reasonable accomodation in compliance with the Federal [email protected] or via facsimile to for access to the facility or procedings Advisory Committee Act. The purpose (989) 826–6073. may be made by contacting the person

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listed FOR FURTHER INFORMATION present proposals (5 minutes each), comment. Anyone who would like to CONTACT. provide NNM RAC members bring related matters to the attention of SUPPLEMENTARY INFORMATION: The opportunity to ask questions about the committee may file written following business will be conducted: proposals (3 minutes each), review and statements with the committee staff Approval of agenda and minutes; public rank project proposals by Category before or after the meeting. The agenda forum opportunity; election of chair and Groups, provide recommendation for will include time for people to make vice chair; update on prior year Title II funding of projects to Designated oral statements of three minutes or less. projects, and; review and Federal Official, set date for next Individuals wishing to make an oral recommendations of individual fiscal meeting, and provide for public statement should request in writing by year 2012 Title II project nominations. comment. June 21, 2011 to be scheduled on the Anyone who would like to bring related DATES: The meeting will be held on June agenda. Written comments and requests matters to the attention of the committee 28, 2011 beginning at 10 a.m. and for time for oral comments must be sent may file written statements with the ending at 5 p.m. and on June 29, 2011 to 208 Cruz Alta Road, or by e-mail to committee staff before or after the beginning at 8 a.m. and ending at 5 p.m. [email protected], or via facsimile to 575–758–6213. meeting. The agenda will include time ADDRESSES: The meeting will be held at for people to make oral statements of Cibola National Forest Supervisors Dated: May 24, 2011. three minutes or less. Individuals Office at 2113 Osuna Rd NE Kendall Clark, wishing to make an oral statement Albuquerque, NM 87113 in the Forest Supervisor, Carson National Forest. should request in writing by June 16, conference room. Written comments [FR Doc. 2011–13335 Filed 5–27–11; 8:45 am] 2011 to be scheduled on the agenda. may be submitted as described under BILLING CODE 3410–11–P Written comments and requests for time SUPPLEMENTARY INFORMATION. for oral comments must be sent to All comments, including names and Gifford Pinchot National Forest Attn: addresses when provided, are placed in DEPARTMENT OF AGRICULTURE Sue Ripp, 10600 NE. 51st Circle, the record and are available for public Vancouver, WA 98682, or by e-mail to inspection and copying. The public may National Institute of Food and [email protected] or via facsimile to 360– inspect comments received at Carson Agriculture 891–5045. National Forest, 208 Cruz Alta Road Dated: May 17, 2011. Taos, New Mexico. Please call ahead to Request for Applications for the Charles L. Byrd III, 575–758–6344 to facilitate entry into the Veterinary Medicine Loan Repayment Acting Forest Supervisor . building to view comments. Program [FR Doc. 2011–13338 Filed 5–27–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: AGENCY: National Institute of Food and BILLING CODE 3410–11–P Ignacio Peralta, RAC Coordinator, Agriculture, USDA. Carson National Forest, 575–758–6344, [email protected]. ACTION: Notice. DEPARTMENT OF AGRICULTURE Ruben Montes, RAC Coordinator, Santa Fe National Forest, 505–438–5356, SUMMARY: The National Institute of Food Forest Service [email protected]. and Agriculture (NIFA) is announcing the release of the Veterinary Medicine Northern New Mexico Resource Individuals who use Loan Repayment Program (VMLRP) Advisory Committee telecommunication devices for the deaf Request for Applications (RFA) at (TDD) may call the Federal Information http://www.nifa.usda.gov/vmlrp. AGENCY: Forest Service, USDA. Relay Service (FIRS) at 1–800–877–8339 ACTION: Correct FR Doc. 2011–12588; between 8 a.m. and 8 p.m., Eastern DATES: The FY 2011 Veterinary Notice of meeting. Standard Time, Monday through Friday. Medicine Loan Repayment Program Requests for reasonable accommodation (VMLRP) application package has been SUMMARY: The Northern New Mexico for access to the facility or proceedings made available at http:// Resource Advisory Committee (NNM www.nifa.usda.gov/vmlrp and RAC) will meet in Albuquerque, New may be made by contacting the person listed FOR FURTHER INFORMATION applications are due by Friday, July 8, Mexico. The committee is authorized 2011. under the Secure Rural Schools and CONTACT. FOR FURTHER INFORMATION CONTACT: Community Self-Determination Act SUPPLEMENTARY INFORMATION: The Gary (Pub. L. 110–343) (the Act) and operates following business will be conducted: Sherman; National Program Leader, in compliance with the Federal review of agenda, make presentation of Veterinary Science; National Institute of Advisory Committee Act. The purpose appointment certificates to NNM RAC Food and Agriculture; U.S. Department of the committee is to improve members, conduct ethics training for of Agriculture; STOP 2240; 1400 collaborative relationships and to NNM RAC members, revisit Operation Independence Avenue, SW.; provide advice and recommendations to Guidelines to add language on conflicts Washington, DC 20250–2240; Voice: the Forest Service concerning projects of interest, discuss support letters from 202–401–4952; Fax: 202–401–6156; E- and funding consistent with Title II of counties, review monitoring report, mail: [email protected]. the Act. The meeting is open to the provide opportunity for proponents to SUPPLEMENTARY INFORMATION: On public. The purpose of the meeting is to present proposals (5 minutes each), October 1, 2009, the Cooperative State review the agenda, make presentation of provide NNM RAC members Research, Education, and Extension appointment certificates to NNM RAC opportunity to ask questions about Service (CSREES) became the National members, conduct ethics training for proposals (3 minutes each), review and Institute of Food and Agriculture (NIFA) NNM RAC members, revisit Operation rank project proposals by Category as mandated by the Food, Conservation, Guidelines to add language on conflicts Groups, provide recommendation for and Energy Act of 2008, section 7511(f) of interest, discuss support letters from funding of projects to Designated [Pub. L. 110–246]. Accordingly, the counties, review monitoring report, Federal Official, set date for next authority to administer the VMLRP provide opportunity for proponents to meeting, and provide for public transferred from CSREES to NIFA.

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Background and Purpose ability of USDA to maximize the other than the applicant, such as a In January 2003, the National number of agreements from the amounts spouse or child, will continue to be Veterinary Medical Service Act appropriated and to provide an ineligible for the VMLRP. (NVMSA) was passed into law adding incentive to serve in veterinary service In 2010, VMLRP announced its first section 1415A to the National shortage areas with the greatest need. funding opportunity and received 260 Agricultural Research, Extension, and This section also provides that loan applications from which NIFA issued 53 Teaching Policy Act of 1997 repayments may consist of payments of VMLRP awards totaling $5,186,000. (NARETPA). This law established a new the principal and interest on Consequently, up to $8,000,000 is Veterinary Medicine Loan Repayment government and commercial loans available to support this program in FY Program (7 U.S.C. 3151a) authorizing received by the individual for the 2011. The eligibility criteria for the Secretary of Agriculture to carry out attendance of the individual at an applicants and the application forms a program of entering into agreements accredited college of veterinary and associated instructions needed to with veterinarians under which they medicine resulting in a degree of Doctor apply for a VMLRP award can be agree to provide veterinary services in of Veterinary Medicine or the viewed and downloaded from the veterinarian shortage situations. In equivalent. This program is not VMLRP Web site at http:// November 2005, the Agriculture, Rural authorized to provide repayments for www.nifa.usda.gov/vmlrp. Development, Food and Drug any government or commercial loans Done in Washington, DC, this 24th day of Administration, and Related Agencies incurred during the pursuit of another May 2011. Appropriations Act, 2006 (Pub. L. 109– degree, such as an associate or bachelor 97) appropriated $495,000 for CSREES degree. Loans eligible for repayment Meryl Broussard, to implement the VMLRP and include educational loans made for one Deputy Director, National Institute of Food represented the first time funds had or more of the following: Loans for and Agriculture. been appropriated for this program. tuition expenses; other reasonable [FR Doc. 2011–13303 Filed 5–27–11; 8:45 am] In February 2007, the Revised educational expenses, including fees, BILLING CODE 3410–22–P Continuing Appropriations Resolution, books, and laboratory expenses, 2007 (Pub. L. 110–5) appropriated an incurred by the individual; and additional $495,000 to CSREES for reasonable living expenses as support of the program, in December determined by the Secretary. In BROADCASTING BOARD OF 2007, the Consolidated Appropriations addition, the Secretary is directed to GOVERNORS Act, 2008 appropriated an additional make such additional payments to $868,875 to CSREES for support of this participants as the Secretary determines Government in the Sunshine Act program, in March 2009, the Omnibus appropriate for the purpose of providing Meeting Notice Appropriations Act, 2009 (Pub. L. 111– reimbursements to participants for 8) was enacted, providing an additional individual tax liability resulting from DATE AND TIME: Friday, June 3, 2011; $2,950,000 for the VMLRP, and in participation in this program. Finally, 9:a.m. October 2009, the Agriculture, Rural this section requires USDA to PLACE: Broadcasting Board of Development, Food and Drug promulgate regulations within 270 days Governors, 330 Independence Ave., Administration, and Related Agencies of the enactment of FCEA (i.e., June 18, SW., Washington, DC 20237. Appropriations Act of 2010 (Pub. L. 2008). The Secretary delegated the 111–80) appropriated an additional authority to carry out this program to SUBJECT: Notice of Meeting of the $4,800,000 for the VMLRP. On April 15, NIFA. Broadcasting Board of Governors. The final rule was published in the 2011, the President signed into law, SUMMARY: The Broadcasting Board of Federal Register on April 19, 2010 [75 Public Law 112–10, Department of Governors (BBG) will meet at the time FR 20239–20248]. Based on comments Defense and Full-Year Continuing and location listed above. The BBG will, received during the 60-day comment Appropriations Act, 2011, which, after among other things, consider two period upon publication of the interim the .2% rescission, appropriated an resolutions honoring employees for rule [74 FR 32788–32798, July 9, 2009], additional $4,790,400 for the VMLRP. their service, consider a resolution to NIFA reconsidered the policy regarding Section 7105 of the Food, award and present David Burke individuals who consolidated their Conservation, and Energy Act of 2008, Distinguished Journalism Awards, and veterinary school loans with other Public Law 110–246, (FCEA) amended receive and consider a report from the educational loans (e.g. undergraduate) section 1415A to revise the Governance Committee regarding and their eligibility to apply for the determination of veterinarian shortage reforming the Agency’s management VMLRP. NIFA will allow these situations to consider (1) Geographical structure. Board members will also individuals to apply for and receive a areas that the Secretary determines have report on the state of U.S. International VMLRP award; however, only the a shortage of veterinarians; and (2) areas Broadcasting (USIB), Board efforts to eligible portion of the consolidation will of veterinary practice that the Secretary reform USIB, and the BBG’s year-long be repaid by the VMLRP. Furthermore, determines have a shortage of strategic review. The meeting is open to applicants with consolidated loans will veterinarians, such as food animal the public, but due to space limitations be asked to provide a complete history medicine, public health, epidemiology, advance registration is required. of their student loans from the National and food safety. This section also added Member of the public seeking to attend Student Loan Database System (NSLDS), that priority should be given to the meeting in person must register at a central database for student aid agreements with veterinarians for the http://bbg.eventbrite.com/ by June 1. operated by the U.S. Department of practice of food animal medicine in This event can also be viewed live and Education. The NSLDS website can be veterinarian shortage situations. on demand at BBG’s public Web site at NARETPA section 1415A requires the found at http://www.nslds.ed.gov. http://www.bbg.gov. Secretary, when determining the Individuals who consolidated their amount of repayment for a year of DVM loans with non-educational loans CONTACT PERSON FOR MORE INFORMATION: service by a veterinarian to consider the or loans belonging to an individual Persons interested in obtaining more

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information should contact Paul The Assistant Secretary for determinations completed by Import Kollmer-Dorsey at (202) 203–4545. Administration, with the concurrence of Administration between October 1, the delegate of the General Counsel, 2010, and December 31, 2010, inclusive, Paul Kollmer-Dorsey, formally determined on February 9, and it also lists any scope or Deputy General Counsel. 2011, pursuant to Section 10(d) of the anticircumvention inquiries pending as [FR Doc. 2011–13580 Filed 5–26–11; 4:15 pm] Federal Advisory Committee Act, as of December 31, 2010. As described BILLING CODE 8610–01–P amended (5 U.S.C. app. 2 (10)(d)), that below, subsequent lists will follow after the portion of the meeting dealing with the close of each calendar quarter. matters the disclosure of which would Scope Rulings Completed Between DEPARTMENT OF COMMERCE be likely to frustrate significantly October 1, 2010, and December 31, 2010 implementation of an agency action as Bureau of Industry And Security described in 5 U.S.C. 552b(c)(9)(B) shall People’s Republic of China Regulations and Procedures Technical be exempt from the provisions relating A–570–501: Natural Bristle Paint Advisory Committee; Notice of to public meetings found in 5 U.S.C. Brushes and Brush Heads from the Partially Closed Meeting app. 2 10(a)1 and 10(a)(3). The People’s Republic of China. remaining portions of the meeting will Requestor: A. Richard Tools The Regulations and Procedures be open to the public. Company; its two brushes made from Technical Advisory Committee (RPTAC) For more information, call Yvette Tampico vegetable fibers are not within will meet June 14, 2011, 9 a.m., Room Springer at (202) 482–2813. the scope of the antidumping duty 4830, in the Herbert C. Hoover Building, Dated: May 23, 2011. 14th Street between Constitution and order; October 15, 2010. Pennsylvania Avenues, NW., Yvette Springer, A–570–886: Polyethylene Retail Washington, DC. The Committee Committee Liaison Officer. Carrier Bags from the People’s Republic advises the Office of the Assistant [FR Doc. 2011–13389 Filed 5–27–11; 8:45 am] of China. Requestor: The St. John Companies; Secretary for Export Administration on BILLING CODE 3510–JT–P implementation of the Export four models of patient-belongings bags Administration Regulations (EAR) and are not within the scope of antidumping provides for continuing review to DEPARTMENT OF COMMERCE duty order; October 1, 2010. update the EAR as needed. A–570–890: Wooden Bedroom International Trade Administration Furniture from the People’s Republic of Agenda China. Notice of Scope Rulings Public Session Requestor: Target Corporation; its AGENCY: Import Administration, kid’s accent table is not within the 1. Opening remarks by the Chairman. scope of the antidumping duty order; 2. Opening remarks by Bureau of International Trade Administration, Department of Commerce. November 1, 2010. Industry and Security. A–570–890: Wooden Bedroom DATES: Effective Date: May 31, 2011. 3. Export Enforcement update. Furniture from the People’s Republic of 4. Regulations update. SUMMARY: The Department of Commerce 5. Working group reports. China. (‘‘Department’’) hereby publishes a list of Requestor: Legacy Classic Furniture; 6. Automated Export System (AES) scope rulings completed between update. its heritage court bench is within the October 1, 2010, and December 31, scope of the antidumping duty order; 7. Presentation of papers or comments 2010. In conjunction with this list, the by the Public. November 22, 2010. Department is also publishing a list of A–570–890: Wooden Bedroom Closed Session requests for scope rulings and Furniture from the People’s Republic of 8. Discussion of matters determined to anticircumvention determinations China. be exempt from the provisions relating pending as of December 31, 2010. We Requestor: Emerald Home to public meetings found in 5 U.S.C. intend to publish future lists after the Furnishings; its granite and wood vanity app. 2 10(a)(1) and 10(a)(3). close of the next calendar quarter. are not within the scope of the The open session will be accessible FOR FURTHER INFORMATION CONTACT: Julia antidumping duty order; December 20, via teleconference to 20 participants on Hancock, AD/CVD Operations, China/ 2010. a first come, first serve basis. To join the NME Group, Import Administration, A–570–890: Wooden Bedroom conference, submit inquiries to Ms. International Trade Administration, Furniture from the People’s Republic of Yvette Springer at U.S. Department of Commerce, 14th China. [email protected] no later than Street and Constitution Avenue, NW., Requestor: Delta Enterprise June 7, 2011. Washington, DC 20230; telephone: 202– Corporation; its crib and changing table A limited number of seats will be 482–1394. combo collection is not within the scope available for the public session. SUPPLEMENTARY INFORMATION: of the antidumping duty order; Reservations are not accepted. To the December 21, 2010. Background extent that time permits, members of the A–570–909: Certain Steel Nails from public may present oral statements to The Department’s regulations provide the People’s Republic of China. the Committee. The public may submit that the Secretary will publish in the Requestor: Mazel & Co., Inc.; its written statements at any time before or Federal Register a list of scope rulings roofing nails falling within certain after the meeting. However, to facilitate on a quarterly basis. See 19 CFR ASTM standard gaps are within the the distribution of public presentation 351.225(o). Our most recent notification scope of the antidumping duty order; materials to the Committee members, of scope rulings was published on December 22, 2010. the Committee suggests that presenters February 25, 2011. See Notice of Scope forward the public presentation Rulings, 76 FR 10558 (February 25, Italy materials prior to the meeting to Ms. 2011). This current notice covers all A–475–801: Ball Bearings and Parts Springer via e-mail. scope rulings and anticircumvention Thereof from Italy.

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Requestor: Caterpillar, Inc.; turntable Scope Inquiries Pending as of December Requestor: Bond Street; whether the slewing rings used in hydraulic 31, 2010 slide flat cart is within the scope of the excavators (part numbers 1855622 and antidumping duty order; requested People’s Republic of China 1885072) manufactured by SKF RIV– December 8, 2006. SKF Officine di Villar Perosa S.p.A., A–570–504: Petroleum Wax Candles A–570–891: Hand Trucks from the SKF Industrie S.p.A., OMVP S.p.A., and from the People’s Republic of China. People’s Republic of China. Somecat S.p.A. (collectively ‘‘SKF Italy’’) Requestor: Trade Associates Group, Requestor: WelCom Products; are not within the scope of the Ltd.; whether its candles (multiple whether its MC2 Magna Cart, MCI antidumping duty order; October 21, designs) are within the scope of the Magna Cart and MCK Magna Cart are 2010. antidumping duty order; requested June within the scope of the antidumping 11, 2009. duty order; requested December 10, Taiwan A–570–504: Petroleum Wax Candles 2010. A–583–837: Polyethylene from the People’s Republic of China. A–570–912: Certain New Pneumatic Terephthalate (PET) Film, Sheet, and Requestor: Sourcing International, Off-the-Road Tires from the People’s Strip from Taiwan. LLC; whether its flower candles are Republic of China. within the scope of the antidumping Requestor: Wide Open Cycles Inc.; Requestors: Nan Ya Plastics duty order; requested June 24, 2009. Corporation, Ltd. and Hop Industries whether custom-built, size 14.9–24, A–570–504: Petroleum Wax Candles pneumatic off-the-road mud racing tires Corporation; Amorphous PET Film that from the People’s Republic of China. is not biaxially-oriented is not within built exclusively for all terrain vehicles Requestor: Sourcing International; are within the scope of the antidumping the scope of the antidumping duty whether its candles (multiple designs) order; December 22, 2010. duty order; requested December 9, 2010. are within the scope of the antidumping A–570–929: Small Diameter Graphite Multiple Countries duty order; requested July 28, 2009. Electrodes from the People’s Republic of A–570–504: Petroleum Wax Candles China. A–570–952/C–570–953/A–583–844: from the People’s Republic of China. Requestor: SGL Carbon LLC and Narrow Woven Ribbons with Woven Requestor: Sourcing International; Superior Graphite Co.; whether Selvedge from the People’s Republic of whether its floral bouquet candles are unfinished small diameter graphite China and Taiwan. within the scope of the antidumping electrodes produced in the People’s Requestor: A–Plus Products Inc.; duty order; requested August 25, 2009. Republic of China (‘‘PRC’’) and certain narrow woven textile material is A–570–504: Petroleum Wax Candles completed and assembled in the United within the scope of the antidumping from the People’s Republic of China. Kingdom are within the scope of the and countervailing duty orders; Requestor: Candym Enterprises Ltd.; antidumping duty order; requested November 19, 2010. whether its vegetable candles are within the scope of the antidumping duty October 12, 2010, request amended A–570–952/C–570–953/A–583–844: November 30, 2010. Narrow Woven Ribbons with Woven order; requested November 9, 2009. A–570–601: Tapered Roller Bearings A–570–922/C–570–923: Raw Flexible Selvedge from the People’s Republic of Magnets from the People’s Republic of China and Taiwan. from the People’s Republic of China. Requestor: Blackstone OTR LLC and China. Requestor: Money Hill Co., Ltd. c/o OTR Wheel Engineering, Inc.; whether Requestor: InterDesign; whether its Party Art Enterprise Co. Ltd., and certain wheel hub units are within the raw flexible magnets are within the Golden Art Co., Ltd.; its cut-edge ribbon, scope of the antidumping duty order; scope of the antidumping duty and to the extent it matches the exclusion requested March 3, 2010; initiated June countervailing duty orders; requested language in the scope of the orders, is 15, 2010. March 26, 2010; initiated May 18, 2010. not within the scope of the antidumping A–570–601: Tapered Roller Bearings A–570–922/C–570–923: Raw Flexible and countervailing duty orders; from the People’s Republic of China. Magnets from the People’s Republic of November 24, 2010. Requestor: New Trend Engineering China. Anticircumvention Determinations Limited; whether certain wheel hub Requestor: Medical Action Industries, Completed Between October 1, 2010, units are within the scope of the Inc.; whether its raw flexible magnets and December 31, 2010: antidumping duty order; requested and a surgical instrument drape are None. March 5, 2010; initiated June 15, 2010; within the scope of the antidumping preliminary ruling December 13, 2010. duty and countervailing duty orders; Scope Inquiries Terminated Between A–570–601: Tapered Roller Bearings requested June 14, 2010; initiated October 1, 2010, and December 31, 2010 from the People’s Republic of China. September 13, 2010. A–570–806: Silicon Metal from the Requestor: Bosda International (USA) A–570–937/C–570–938: Citric Acid People’s Republic of China. LLC and Kingdom Auto Parts Ltd.; and Certain Citrate Salts from the whether certain wheel hub units are People’s Republic of China. Requestor: Globe Metallurgical Inc.; within the scope of the antidumping Requestor: Global Commodity Group whether silicon metal exported by duty order; requested October 28, 2010. LLC; whether its blends of citric acid Ferro-Alliages et Mineraux Inc. to the A–570–890: Wooden Bedroom and blends of citrate salts are within the United States from Canada is within the Furniture from the People’s Republic of scope of the antidumping duty and scope of the antidumping duty order; China. countervailing duty orders; requested requested September 30, 2008; initiated Requestor: Stork Craft Manufacturing; August 9, 2010. February 10, 2009; preliminary whether its infant (baby) Aspen and A–570–943/C–570–944: Oil Country rescission ruling August 11, 2010; final Lennox changing tables are within the Tubular Goods from the People’s rescission ruling November 29, 2010. scope of the antidumping duty order; Republic of China. Anticircumvention Inquiries initiated August 20, 2010; preliminary Requestor: TMK IPSCO; whether all Terminated Between October 1, 2010, ruling December 13, 2010. green tubes are within the scope of the and December 31, 2010: A–570–891: Hand Trucks from the antidumping duty order; requested None. People’s Republic of China. September 30, 2010.

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Multiple Countries International Trade Administration, been met. The ROD and Findings were A–533–838/C–533–839/A–570–892: 14th Street and Constitution Avenue, signed by the Assistant Administrator, Carbazole Violet Pigment 23 from India NW., APO/Dockets Unit, Room 1870, National Ocean Service (NOS) on May and the People’s Republic of China. Washington, DC 20230. 16, 2011. Federal consistency applies to Requestor: Nation Ford Chemical Co., This notice is published in the revised WCZMP enforceable policies and Sun Chemical Corp.; whether accordance with 19 CFR 351.225(o). as of May 16, 2011. finished carbazole violet pigment Dated: April 25, 2011. ADDRESSES: A copy of the ROD and the exported from Japan is within the scope Christian Marsh, Findings may be obtained from Helen of the antidumping duty and Deputy Assistant Secretary for Antidumping Farr, Environmental Protection countervailing duty orders; requested and Countervailing Duty Operations. Specialist, National Oceanic and February 23, 2010. [FR Doc. 2011–13385 Filed 5–27–11; 8:45 am] Atmospheric Administration, OCRM/ CPD, Station 02–101, 55 Blackburn Anticircumvention Rulings Pending BILLING CODE 3510–DS–P as of December 31, 2010: Drive, Gloucester, MA 01930, or A–570–836: Glycine from the People’s [email protected], (978) 675–2170 Republic of China. DEPARTMENT OF COMMERCE (telephone), (978) 281–9301 (Fax). The Requestor: Geo Specialty Chemicals, documents are also available on Inc. and Chattem Chemicals, Inc.; National Oceanic and Atmospheric OCRM’s Web site at http://coastal whether glycine from the PRC, when Administration management.noaa.gov/assessments/ processed and re-packaged in India and welcome.html. Notice of Availability or Record of exported as Indian-origin glycine, is FOR FURTHER INFORMATION CONTACT: Bill circumventing the antidumping duty Decision and Final Findings of O’Beirne, Pacific Regional Team Leader, order; requested December 18, 2009; Approvability to the Washington National Oceanic and Atmospheric initiated October 28, 2010. Coastal Zone Management Program Administration, OCRM/CPD, N/ORM3, A–570–849: Certain Cut-to-Length AGENCY: Department of Commerce, 1305 East-West Highway, Silver Spring, Carbon Steel from the People’s Republic National Oceanic and Atmospheric MD 20910, or Bill.O’[email protected], of China. Administration (NOAA), Office of (301) 713–3155, extension 160 Requestor: ArcelorMittal USA, Inc.; Ocean and Coastal Resource (telephone), 301–713–4367 (Fax). Nucor Corporation; SSAB N.A.D., Evraz Management. SUPPLEMENTARY INFORMATION: The Claymont Steel and Evraz Oregon Steel ACTION: Notice of Availability or Record following is a summary of the ROD and Mills; whether certain cut-to-length of Decision and Final Findings of the Findings. On October 6, 2004, carbon steel plate from the PRC that Approvability to the Washington Washington formally submitted to contains a small level of boron, involves Coastal Zone Management Program. NOAA a request to amend the WCZMP. such a minor alteration to the The amendment included the above- merchandise that is so insignificant that SUMMARY: NOAA’s Office of Ocean and referenced Guidelines, which replaced the plate is circumventing the Coastal Resource Management (OCRM) the State’s previously repealed antidumping duty order; requested announces availability of the Record of Guidelines. The ROD selects final EIS February 17, 2010; initiated April 16, Decision (ROD) and Final Findings of Alternative 1, Approve Washington’s 2010. Approvability (Findings) for OCRM’s Request for Amendment of the WCZMP. A–570–894: Certain Tissue Paper Approval of Amendments to the OCRM arrived at this decision while Products from the People’s Republic of Washington Coastal Zone Management taking environmental, economic and China. Program (WCZMP) final Environmental agency statutory mission considerations Requestor: Seaman Paper Company of Impact Statement (EIS). On October 6, into account, as discussed in greater Massachusetts, Inc.; whether certain 2004, OCRM received the State of detail in the ROD. The Findings provide imports of tissue paper from the Washington’s request to incorporate the an analysis of how the WCZMP, as Socialist Republic of Vietnam State’s new Shoreline Master Program amended, meets the requirements of the (‘‘Vietnam’’) are circumventing the Guidelines (Guidelines), Chapter 173– CZMA at 15 CFR part 923, including antidumping duty order through means 26 of the Washington Administrative uses subject to management, special of third country assembly or Code (WAC) as an amendment to the management areas, boundaries, completion; requested February 18, WCZMP. The new Guidelines replace authorities and organization, and 2010; initiated April 5, 2010. the previously repealed Chapter 173–16 coordination, public involvement, and A–570–918: Steel Wire Garment of the WAC, the Shoreline Management national interest. Hangers from the People’s Republic of Act Guidelines for Development of The following factors weighed most China. Shoreline Master Programs. The final heavily in OCRM’s decision: (1) Requestor: M&B Metal Products Inc.; EIS was released to the public for a 45- Continued WCZMP approvability as whether certain imports of steel wire day comment period after the amended by the proposed program garment hangers from Vietnam are publication of a Notice of Availability in change; and (2) impacts to the coastal circumventing the antidumping duty the Federal Register on November 12, resources and communities associated order through means of third country 2010 (75 FR 69434). The ROD with the continued existence of the assembly or completion of merchandise documents the selection of Alternative 1 WCZMP. OCRM approved the WCZMP imported from the PRC; requested May (the NOAA preferred alternative) in the amendment because OCRM believes 5, 2010; initiated July 22, 2010. final EIS. The Findings make a final Alternative 1 meets the program change Interested parties are invited to determination that the WCZMP, as requirements of the CZMA, and will be comment on the completeness of this amended by the October 6, 2004 the best opportunity for continued list of pending scope and WCZMP Amendment Document, still comprehensive protection of anticircumvention inquiries. Any constitutes an approvable program and Washington’s coastal resources. OCRM comments should be submitted to the that procedural requirements of the did not select either Alternative 2 (Deny Deputy Assistant Secretary for AD/CVD Coastal Zone Management Act (CZMA) Washington’s Amendments) or Operations, Import Administration, and its implementing regulations have Alternative 3 (No Action) because the

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former could have resulted in repeal SUPPLEMENTARY INFORMATION: The items SUMMARY: The New England Fishery and termination of the WCZMP, and the of discussion in the committee’s agenda Management Council (Council) is latter would not have allowed for the are as follows: scheduling a joint public meeting of its best review of environmental concerns The Committee and Advisory Panel Skate Committee and Advisory Panel, in informed by public comment. will discuss draft revisions to the June, 2011, to consider actions affecting Termination of the WCZMP would Magnuson-Stevens Act’s National New England fisheries in the exclusive potentially lead to negative physical and Standard 10 guidelines to promote economic zone (EEZ). socio-economic impacts to coastal safety at sea, and NOAA’s draft Recommendations from this group will resources associated with (1) Lack of enforcement priority-setting process; if be brought to the full Council for formal application of Federal consistency applicable, the Coast Guard may report consideration and action, if appropriate. requirements available only through on comments it has received as part of participation in the national coastal its initiative to improve the overall DATES: This meeting will be held on zone management program; and (2) loss compliance with and effectiveness of Thursday, June 16, 2011 at 10 a.m. of federal funding for implementation of the Northeast Multispecies (Groundfish) ADDRESSES: This meeting will be held at the WCZMP. The ROD did not identify Fishery Management Plan (FMP) the SpringHill Suites, 43 Newbury any mitigation or monitoring measures regulations; the committee also may Street, US 1 North, Peabody, MA 01960; since the final EIS found that many of forward recommendations concerning telephone: (978) 535–5000; fax: (978) the variables used to determine the several alternatives being considered for 535–9610. effects were unforeseeable and based on inclusion in Framework Adjustment 23 decisions peripherally related to the to the Scallop Fishery Management Plan Council address: New England Guidelines themselves. (FMP). Other business may also be Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. (Federal Domestic Assistance Catalog 11.419 discussed. Coastal Zone Management Program Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: Paul Administration) contained in this agenda may come J. Howard, Executive Director, New Dated: April 24, 2011. before this group for discussion, those England Fishery Management Council; issues may not be the subject of formal David M. Kennedy, telephone: (978) 465–0492. action during this meeting. Action will Assistant Administrator, National Ocean be restricted to those issues specifically SUPPLEMENTARY INFORMATION: The Service, National Oceanic and Atmospheric Advisory Panel and Skate Oversight Administration. identified in this notice and any issues arising after publication of this notice Committee will discuss and recommend [FR Doc. 2011–13387 Filed 5–27–11; 8:45 am] that require emergency action under management measures to include in a BILLING CODE 3510–08–P section 305(c) of the Magnuson-Stevens 2012–13 skate specifications package, Fishery Conservation and Management based on ABC specifications approved by the Scientific and Statistical DEPARTMENT OF COMMERCE Act, provided the public has been notified of the Council’s intent to take Committee and recent fishery data. The National Oceanic and Atmospheric final action to address the emergency. Oversight Committee recommendations will be approved at the June 2011 Administration Special Accommodations Council meeting for a specification RIN 0658–XA461 This meeting is physically accessible package or framework adjustment that to people with disabilities. Requests for will be finalized at the September 2011 New England Fishery Management sign language interpretation or other Council; Public Meeting Council meeting. The committee will auxiliary aids should be directed to Paul also discuss and recommend AGENCY: National Marine Fisheries J. Howard (see ADDRESSES) at least 5 modifications to the Council’s fishery Service (NMFS), National Oceanic and days prior to the meeting date. research strategic plan. Atmospheric Administration (NOAA), Authority: 16 U.S.C. 1801 et seq. Although non-emergency issues not Commerce. Dated: May 24, 2011. contained in this agenda may come ACTION: Notice; public meeting. Tracey L. Thompson, before this group for discussion, those issues may not be the subject of formal SUMMARY: The New England Fishery Acting Director, Office of Sustainable Management Council’s (Council) VMS/ Fisheries, National Marine Fisheries Service. action during this meeting. Action will Enforcement Committee and Advisory [FR Doc. 2011–13276 Filed 5–27–11; 8:45 am] be restricted to those issues specifically listed in this notice and any issues Panel will meet to consider actions BILLING CODE 3510–22–P affecting New England fisheries in the arising after publication of this notice exclusive economic zone (EEZ). that require emergency action under section 305(c) of the Magnuson-Stevens DATES: The meeting will be held on DEPARTMENT OF COMMERCE Act, provided the public has been Wednesday, June 15, 2011 at 9:30 a.m. National Oceanic and Atmospheric notified of the Council’s intent to take ADDRESSES: The meeting will be held at Administration final action to address the emergency. the Fairfield Inn & Suites, 185 MacArthur Drive, New Bedford, MA RIN: 0648–XA462 Special Accommodations 02740, telephone: (774) 634–2000; fax: (774) 634–2001. New England Fishery Management This meeting is physically accessible Council address: New England Council; Public Meeting to people with disabilities. Requests for Fishery Management Council, 50 Water sign language interpretation or other AGENCY: National Marine Fisheries auxiliary aids should be directed to Paul Street, Mill 2, Newburyport, MA 01950. Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, at (978) Atmospheric Administration (NOAA), 465–0492, at least 5 days prior to the J. Howard, Executive Director, New Commerce. England Fishery Management Council; meeting date. ACTION: Notice; public meeting. telephone: (978) 465–0492. Authority: 16 U.S.C. 1801 et seq.

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Dated: May 24, 2011. resulted in insufficient nominations to considered to be Federal employees Tracey L. Thompson, meet the requirements of the Act. while performing such service, except Acting Director, Office of Sustainable Nominations are being sought to fill at for purposes of injury compensation or Fisheries, National Marine Fisheries Service. least 6, but no more than 12 positions tort claims liability as provided in [FR Doc. 2011–13277 Filed 5–27–11; 8:45 am] on the Pacific Whiting AP for terms of chapter 81 of Title 5 and chapter 171 of BILLING CODE 3510–22–P 4 years. The Whiting Act requires that Title 28.’’ appointments to the AP be selected from Authority: 16 U.S.C. 1801 et seq. among individuals who are ‘‘(A) DEPARTMENT OF COMMERCE knowledgeable or experienced in the Dated: May 24, 2011. harvesting, processing, marketing, Margo Schulze-Haugen, National Oceanic and Atmospheric management, conservation, or research Acting Director, Office of Sustainable Administration of the offshore whiting resource; and (B) Fisheries, National Marine Fisheries Service. [FR Doc. 2011–13377 Filed 5–27–11; 8:45 am] RIN 0648–XA451 not employees of the United States.’’ Nominations are sought for any persons BILLING CODE 3510–22–P Pacific Whiting; Advisory Panel and meeting these requirements. Joint Management Committee Nominations are also being sought for a representative from the commercial DEPARTMENT OF COMMERCE AGENCY: National Oceanic and sector of the offshore whiting fishery to Atmospheric Administration (NOAA) serve on the JMC for a term not to United States Patent and Trademark Commerce, National Marine Fisheries exceed 4 years. The Whiting Act Office Service (NMFS). requires that appointments to the JMC Submission for OMB Review; ACTION: Notice; call for nominations. be ‘‘representatives from among individuals who are knowledgeable or Comment Request SUMMARY: NMFS solicits nominations experienced concerning the offshore The United States Patent and for the Advisory Panel (AP) and the whiting resource.’’ Nominations are Trademark Office (USPTO) will submit Joint Management Committee (JMC) on sought for any persons meeting these to the Office of Management and Budget Pacific Whiting called for in the requirements. Separate from the JMC (OMB) for clearance the following Agreement between the Government of representative for which nominations proposal for collection of information the United States of America and the are sought through this notice, the JMC under the provisions of the Paperwork Government of Canada on Pacific Hake/ will also include one official from Reduction Act (44 U.S.C. chapter 35). Whiting. Nominations are being sought NOAA, one member from the Pacific Agency: United States Patent and for at least 6, but not more than 12 Fishery Management Council, and one Trademark Office (USPTO). individuals on the AP and 1 individual member appointed from a list submitted Title: Certain Patent Petitions on the JMC to serve as United States by the treaty Indian tribes with treaty Requiring a Fee (formerly Patent representatives. fishing rights to the offshore whiting Petitions Corresponding to the Fee DATES: Nominations must be received resource. Nomination packages for under 37 CFR 1.17(f)). by June 30, 2011. appointment to the AP or the JMC Form Number(s): PTO/SB/17P, PTO/ should include: ADDRESSES: You may submit SB/23, PTO/SB/24a, PTO/SB/28 (EFS– 1. The name of the applicant or nominations by any of the following Web only), and PTO/SB/140 (EFS–Web nominee and a description of his/her methods: only). • interest in Pacific whiting; and, Agency Approval Number: 0651– E-mail: 2. A statement of background and/or [email protected] 0059. description of how the above Type of Request: Revision of a Include 0648–XA451 in the subject line qualifications are met. currently approved collection. of the message. • The term of office for the Pacific Burden: 41,907 hours annually. Fax: 206–526–6736, Attn: Frank Whiting AP members is not to exceed 4 Number of Respondents: 39,015 Lockhart. • years (48 months). The term of office for responses per year. Mail: William W. Stelle, Jr., the Pacific Whiting JMC members is not Avg. Hours Per Response: The USPTO Regional Administrator, Northwest to exceed 4 years (48 months), except estimates that it takes the public Region, NMFS, 7600 Sand Point Way, that initial appointments may be 2 approximately 5 minutes (0.08 hours) to NE., Seattle, WA 98115–0070. years. Members appointed to the AP and complete the petition fee transmittals FOR FURTHER INFORMATION CONTACT: JMC will be reimbursed for necessary and 12 minutes (0.20 hours) to 12 hours Frank Lockhart at 206–526–6142. travel expenses in accordance with to complete the petitions in this SUPPLEMENTARY INFORMATION: Title VI of Federal Travel Regulations and sections collection, depending on the nature of the Magnuson-Stevens Fishery 5701, 5702, 5704 through 5708, and the information. This includes the time Conservation and Management 5731 of Title 5. In the initial year of to gather the necessary information, Reauthorization Act of 2006 (MSRA) implementation, NMFS anticipates that prepare the petitions and petition fee entitled ‘‘The Pacific Whiting Act of up to 3 meetings of the AP and JMC will transmittals, and submit them to the 2006,’’ (Whiting Act) implements the be required. In subsequent years, 1–2 USPTO. The USPTO estimates that it 2003 ‘‘Agreement between the meetings of the AP and JMC will be held takes the same amount of time (and Government of the United States of annually. Meetings of the AP and JMC possibly less time) to gather the America and the Government of Canada will be held in the United States or necessary information, prepare the on Pacific Hake/Whiting.’’ Among other Canada. JMC and AP members will need submission, and submit it electronically provisions, the Whiting Act provides for a valid U.S. passport. The Pacific as it does to submit the information in the establishment of an AP to advise the Whiting Act of 2006 also states that paper form. JMC on bilateral whiting management while performing their appointed duties Needs and Uses: The public uses the issues. An initial solicitation was as JMC or AP members, members ‘‘other information in this collection to petition published in the Federal Register on than officers or employees of the United for various actions under 37 CFR 1.17(f), October 24, 2007 (72 FR 60317) and States Government, shall not be (g), and (h), such as petitioning for a

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suspension of the rules, requesting DEPARTMENT OF COMMERCE The USPTO administers the statute access to an assignment record, or through 37 CFR 1.21, 11.5–11.14 and requesting the withdrawal of an Patent and Trademark Office 11.28. These rules address the application from issue either before or requirements to apply for the Admittance to Practice and Roster of after paying the issue fee. In addition, examination for registration and to Registered Patent Attorneys and the public also uses these petitions to demonstrate eligibility to be a registered Agents Admitted to Practice Before the obtain copies of documents that have attorney or agent before the USPTO. The United States Patent and Trademark Office of Enrollment and Discipline been submitted in a form other than that Office (USPTO) (Proposed Addition) provided by the rules of practice, to (OED) collects information to determine the qualifications of individuals entitled request accelerated examination, to ACTION: Proposed collection; comment to represent applicants before the request abandonment of an application request. USPTO in the preparation and to avoid publication of said application, prosecution of applications for a patent. SUMMARY: The United States Patent and and to request an extension of time. The The OED also collects information to Trademark Office (USPTO), as part of its public uses the transmittal form to remit administer and maintain the roster of continuing effort to reduce paperwork the required fees for the various attorneys and agents registered to and respondent burden, invites the petitions. The USPTO uses the practice before the USPTO. Information general public and other Federal information collected from the petitions concerning registered attorneys and agencies to take this opportunity to to grant the various requests and to agents is published by the OED in a comment on the revision of a currently ensure that the proper fees have been public roster that can be accessed approved collection, as required by the remitted and are processed accordingly. through the USPTO Web site. Paperwork Reduction Act of 1995, The USPTO is introducing a new Affected Public: Businesses or other Public Law 104–13 (44 U.S.C. for-profits. form, Request for Reasonable 3506(c)(2)(A)). Accommodation, to facilitate an Frequency: On occasion. DATES: Written comments must be applicant’s request for reasonable Respondent’s Obligation: Required to submitted on or before August 1, 2011. accommodation when they apply for the examination for registration to practice obtain or retain benefits. ADDRESSES: You may submit comments before the USPTO. A copy of this new OMB Desk Officer: Nicholas A. Fraser, by any of the following methods: form will be available at http:// e-mail: • E-mail: _ _ _ www.uspto.gov/news/fedreg/fr 2011.jsp. Nicholas A. [email protected]. [email protected]. This information is currently collected Once submitted, the request will be Include ‘‘0651–0012 comment’’ in the without a form as part of the approved publicly available in electronic format subject line of the message. item, Application for Registration to • through the Information Collection Mail: Susan K. Fawcett, Records Practice Before the United States Patent Review page at http://www.reginfo.gov. Officer, Office of the Chief Information and Trademark Office (PTO Form 158). Officer, United States Patent and Paper copies can be obtained by: Applicants currently check Box 1a and Trademark Office, P.O. Box 1450, then provide the necessary supporting • E-mail: Alexandria, VA 22313–1450. documentation as an attachment (see [email protected]. • Federal Rulemaking Portal: http:// the form with instructions and details Include ‘‘0651–0059 copy request’’ in the www.regulations.gov. on page 18 at http://www.uspto.gov/ip/ subject line of the message. FOR FURTHER INFORMATION CONTACT: boards/ord/grb.pdf). This new form will • Mail: Susan K. Fawcett, Records Requests for additional information assist applicants in providing the Officer, Office of the Chief Information should be directed to the attention of USPTO with the correct and necessary Officer, United States Patent and William Griffin, Staff Attorney, Office of supporting documentation through a Trademark Office, P.O. Box 1450, Enrollment and Discipline, United standardized format. To the extent possible, the applicant Alexandria, VA 22313–1450. States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, must provide detailed responses to the Written comments and questions in the Applicant’s Statement. recommendations for the proposed VA 22313–1450; by telephone at 571– 272–4097; or by e-mail to The applicant must also provide a information collection should be sent on completed Licensed Health Care [email protected]. or before June 30, 2011 to Nicholas A. Professional’s Statement and/or other Fraser, OMB Desk Officer, via e-mail to SUPPLEMENTARY INFORMATION: acceptable evidence to support the _ _ Nicholas A. [email protected], or by I. Abstract claim. fax to 202–395–5167, marked to the An applicant who received a attention of Nicholas A. Fraser. This collection of information is reasonable accommodation(s) for a prior required by 35 U.S.C. 2(b)(2)(D), which registration examination must submit a Dated: May 25, 2011. permits the United States Patent and new Applicant’s Statement with each Susan K. Fawcett, Trademark Office (USPTO) to establish new Application for Registration (PTO Records Officer, USPTO, Office of the Chief regulations governing the recognition Form 158). Depending on the type of Information Officer. and conduct of agents, attorneys or impairment from which the applicant [FR Doc. 2011–13366 Filed 5–27–11; 8:45 am] other persons representing applicants or suffers, the applicant has the option of BILLING CODE 3510–16–P other parties before the USPTO. This submitting a new Licensed Health Care statute also permits the USPTO to Professional’s Statement as well. In require information from applicants that deciding whether to submit a new shows that they are of good moral Licensed Health Care Professional’s character and reputation and have the Statement, the applicant is advised to necessary qualifications to assist consider that the Agency’s applicants with the patent process and determination of both whether to grant to represent them before the USPTO. an accommodation and what

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accommodation(s) is appropriate is Health Care Professional’s Statement Type of Review: Revision of a based on an assessment of the current and/or other acceptable medical currently approved collection. impact of the applicant’s disability on evidence to support the claim. The Affected Public: Individuals or the testing activity. For example, if the completed package should be submitted households. applicant suffers from an impairment to the United States Patent and Estimated Number of Respondents: 40 that is temporary or changes over time, Trademark Office’s Office of Enrollment responses per year. it may not be possible for the Agency to and Discipline with the completed Estimated Time per Response: The assess whether an accommodation Application Form 158. A Request for USPTO estimates that it will take the should be granted if the Licensed Health Reasonable Accommodation submitted public approximately 1.5 hours to Care Professional’s Statement is not separately from the Application Form complete the Reasonable current. For chronic or long-term 158 should be addressed to Mail Stop Accommodations Request, depending conditions, a new Licensed Health Care OED, Director of the U.S. Patent and upon the situation. Professional’s Statement may not be Trademark Office, P.O. Box 1450, Estimated Total Annual Respondent necessary. Alexandria, VA 22313–1450. For Burden Hours: 60 hours per year. II. Method of Collection additional guidance, the Office of Enrollment and Discipline may be Estimated Total Annual Respondent An applicant should provide detailed contacted at 571–272–4097. Cost Burden: $19,500. Using the median responses to the questions in the hourly rate for attorneys in private firms Applicant’s Statement. An applicant III. Data of $325, the USPTO estimates $19,500 may use additional paper, if necessary, per year in cost burden associated with to answer the questions. The applicant OMB Number: 0651–0012. respondents. This is a fully loaded must also provide a completed Licensed Form Number(s): N/A. hourly rate.

Estimated time for Estimated Estimated Item response annual annual burden (hours) responses hours

Request for Reasonable Accommodation ...... 1.5 40 60

Total ...... 40 60

Estimated Total Annual (Non-hour) burden of the collection of information agenda and requests to submit written Respondent Cost Burden: $31. There are on respondents, including through the or oral statements should be addressed no maintenance or record keeping costs, use of automated collection techniques to Thomas Luebke, Secretary, U.S. as well as no filing fees associated with or other forms of information Commission of Fine Arts, at the above this information collection. However, technology. address; by emailing [email protected]; or by there is annual (non-hour) cost burden Comments submitted in response to calling 202–504–2200. Individuals in the form of postage costs. this notice will be summarized or requiring sign language interpretation Although the Reasonable included in the request for OMB for the hearing impaired should contact Accommodation Requests are submitted approval of this information collection; the Secretary at least 10 days before the to the USPTO along with the they will also become a matter of public meeting date. Application for Registration to Practice record. Dated May 23, 2011, in Washington, DC. Before the USPTO, they are additional Dated: May 25, 2011. pages of information and will require Thomas Luebke, additional postage. These documents Susan K. Fawcett, AIA Secretary. may be submitted to the USPTO by first- Records Officer, USPTO, Office of the Chief [FR Doc. 2011–13349 Filed 5–27–11; 8:45 am] class mail through the United States Information Officer. BILLING CODE 6330–01–M Postal Service. The USPTO estimates [FR Doc. 2011–13369 Filed 5–27–11; 8:45 am] the submission will weigh 3 ounces and BILLING CODE 3510–16–P that the average first-class postage is 78 DEPARTMENT OF DEFENSE cents. Therefore the USPTO estimates Department of the Army that it will receive 40 responses per COMMISSION OF FINE ARTS year, for a total of $31 (40 × $0.78) in Notice of Intent To License postage costs. Commission of Fine Arts; Notice of Government-Owned Inventions; Intent IV. Request for Comments Meeting To License Exclusively Comments are invited on: (a) Whether The next meeting of the U.S. AGENCY: Department of the Army, DoD. the proposed collection of information Commission of Fine Arts is scheduled ACTION: Notice. is necessary for the proper performance for June 16, 2011, at 10 a.m. in the of the functions of the agency, including Commission offices at the National SUMMARY: The inventions listed below whether the information shall have Building Museum,Suite 312, Judiciary are assigned to the United States practical utility; (b) the accuracy of the Square, 401 F Street, NW., Washington, Government as represented by the agency’s estimate of the burden DC, 20001–2728. Items of discussion Secretary of the Army. The US Army (including hours and cost) of the may include buildings, parks and Edgewood Chemical Biological Center proposed collection of information; (c) memorials. Draft agendas and additional and the US Army Research Laboratory ways to enhance the quality, utility, and information regarding the Commission intend to license these inventions clarity of the information to be are available on our Web site: http:// exclusively to ANP Technologies, Inc., a collected; and (d) ways to minimize the www.cfa.gov. Inquiries regarding the Delaware Corporation with principal

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offices at 824 Interchange Boulevard, Board of Visitors (BoV). Members of the completed modifications of the Central Newark, DE 19711. The inventions to be Board will be provided updates on and Southern Florida (C&SF) Project as licensed are U.S. Patent No. 6,716,450, Academy issues. described by the Modified Waters issued on April 6, 2004. ‘‘Enhancing 6. Agenda: The Academy leadership Deliveries to Everglades National Park Protein Activity through will provide the Board updates on the and the Canal-111 South Dade (C– Nanoencapsulation,’’ and US Patent No. following: Military Program, Physical 111SD) projects. The purpose of COP is 6.773,928, issued on August 10, 2004. Program, Intercollegiate Athletics and to define water management operations ‘‘Compositions and methods for Fiscal Year 2011 Budget. for the completed MWD and C–111SD enhancing bioassay performance.’’ 7. Public’s Accessibility to the projects that are consistent with their ADDRESSES: Requests for more Meeting: Pursuant to 5 U.S.C. 552b and respective project purposes as defined information and/or objections should be 41 CFR 102–3.140 through 102–3.165, by their authorizing legislation and directed to Eric McGill telephone: 410– and the availability of space, this further refined by their respective 436–8467, [email protected], meeting is open to the public. Seating is general design memorandum (GDM) and US Army Edgewood Chemical on a first-come basis. general reevaluation report (GRR). This Biological Center (ECBC), AMSRD– 8. Committee’s Designated Federal integrated operational plan will ECB–PI–BP–TT, Bldg E3330/Rm 241 Officer or Point of Contact: Ms. Joy A. complete the MWD project. 5183 Blackhawk Road, APG, MD 21010– Pasquazi, (845) 938–5078, ADDRESSES: U.S. Army Corps of 5424. Any requests of objections should [email protected]. Engineers, Planning Division, be made within 15 days of the SUPPLEMENTARY INFORMATION: Any Environmental Branch, P.O. Box 4970, publication of this notice. member of the public is permitted to file Jacksonville, FL 32232–0019. FOR FURTHER INFORMATION CONTACT: a written statement with the USMA FOR FURTHER INFORMATION CONTACT: Dr. Dhirajlal Parekh, Office of Research and Board of Visitors. Written statements Gina Ralph at 904–232–2336 or e-mail Technology Applications, US Army should be sent to the Designated Federal at [email protected]. Edgewood Chemical Biological Center, Officer (DFO) at: United States Military SUPPLEMENTARY INFORMATION: a. AMSRD–ECB–PI–BP–TT, Bldg E3330/ Academy, Office of the Secretary of the Planning objectives include (1) Rm 241 5183 Blackhawk Road, APG, General Staff (MASG), 646 Swift Road, Improving water deliveries into ENP MD 21010–5424, telephone: 410–436– West Point, NY 10996–1905 or faxed to and taking steps to restore natural 8400, e-mail: the Designated Federal Officer (DFO) at hydrologic conditions in ENP to the [email protected]. (845) 938–3214. Written statements extent practicable by: Timing: Changing SUPPLEMENTARY INFORMATION: None. must be received no later than five the schedule of water deliveries so that working days prior to the next meeting Brenda S. Bowen, it fluctuates in consonance with local in order to provide time for member meteorological conditions, including Army Federal Register Liaison Officer. consideration. By rule, no member of providing for long term and annual [FR Doc. 2011–13347 Filed 5–27–11; 8:45 am] the public attending open meetings will variation in ecosystem conditions in the BILLING CODE 3710–08–P be allowed to present questions from the Everglades; Location: Restoring floor or speak to any issue under Northeast Shark Slough as a functioning consideration by the Board. component of the Everglades hydrologic DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: The system; Volume: Adjusting the Department of the Army Committee’s Designated Federal Officer magnitude of water discharged to ENP or Point of Contact is Ms. Joy A. to minimize the effects of too much or Board of Visitors, United States Pasquazi, (845) 938–5078, too little water. (2) Protecting the Military Academy (USMA) [email protected]. intrinsic ecological values associated with the WCA–3, Shark River Slough AGENCY: Department of the Army, DoD. Brenda S. Bowen. and ENP; (3) restoring hydrologic ACTION: Meeting Notice. Army Federal Register Liaison Officer. conditions in Taylor Slough, Rocky [FR Doc. 2011–13346 Filed 5–27–11; 8:45 am] SUMMARY: Under the provisions of the Glades and the eastern Panhandle of Federal Advisory Committee Act of BILLING CODE 3710–08–P ENP; (4) eliminating damaging 1972 (5 U.S.C., Appendix, as amended), freshwater flows to Manatee Bay/Barnes Sound and increasing flows to northeast the Government in the Sunshine Act of DEPARTMENT OF DEFENSE 1976 (5 U.S.C. 552b, as amended), and Florida Bay from the lower C–111; (5) including consideration of cultural 41 CFR 102–3.150, the Department of Department of the Army, Corps of values and tribal interests and concerns Defense announces that the following Engineers Federal advisory committee meeting within WCA–3 and ENP; (5) and will take place: Intent To Prepare an Environmental exploring opportunities for enhancing 1. Name of Committee: United States Impact Statement for the Combined recovery of federally and state listed Military Academy Board of Visitors. Operational Plan, Miami-Dade County, species, consistent with restoration 2. Date: Wednesday, June 22, 2011. FL objectives, the USACE’s authorities for 3. Time: 12 p.m.–3 p.m. Members of MWD and C–111 projects and the public wishing to attend the meeting AGENCY: Department of the Army, U.S. operational considerations. will need to show photo identification Army Corps of Engineers, DoD. b. A scoping letter will be used to in order to gain access to the meeting ACTION: Notice of intent. invite comments from Federal, State, location. All participants are subject to and local agencies, affected Indian security screening. SUMMARY: The Combined Operational tribes, and other interested private 4. Location: Senate Dirksen Building Plan (COP) is an integrated operational organizations and individuals. 562, Constitution Avenue, Washington, plan for Water Conservation Area 3 c. A scoping meeting will be held on DC 20515. (WCA–3), Everglades National Park June 28, 2011 from 6 to 9 p.m. at the 5. Purpose of the Meeting: This is the (ENP) and the South Dade Conveyance Miami-Dade College, West Campus 2011 Spring Meeting of the USMA System (SDCS), that includes the located at 3800 NW. 115th Avenue,

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Doral, FL. Assistance for individuals SUPPLEMENTARY INFORMATION: The groups as the Committee determines to with special needs or language operation of the MRRIC is in the public be necessary to assist in carrying out the translation will be available as needed interest and provides support to the duties of the Committee, including by calling 904–232–1789. Corps in performing its duties and duties relating to public policy and d. All alternative plans will be responsibilities under the Endangered scientific issues; facilitating the reviewed under provisions of Species Act, 16 U.S.C. 1531 et seq.; Sec. resolution of interagency and appropriate laws and regulations, 601(a) of the Water Resources intergovernmental conflicts between including the Endangered Species Act, Development Act (WRDA) of 1986, entities represented on the Committee Fish and Wildlife Coordination Act, Public Law 99–662; Sec. 334(a) of associated with the Missouri River Clean Water Act, and Farmland WRDA 1999, Public Law 106–53, and recovery and mitigation plan; Protection Policy Act. Section 5018 of WRDA 2007, Public coordination of scientific and other e. The Draft Environmental Impact Law 110–114. The Federal Advisory research associated with the Missouri Assessment is expected to be available Committee Act, 5 U.S.C. App. 2, does River recovery and mitigation plan; and for public review in the 1st quarter of not apply to the MRRIC. annual preparation of a work plan and 2013. A Charter for the MRRIC has been associated budget requests. Dated: May 18, 2011. developed and should be reviewed prior Administrative Support. To the extent Eric P. Summa, to applying for a stakeholder authorized by law and subject to the Chief, Environmental Branch. representative membership position on availability of appropriations, the Corps the Committee. The Charter, operating provides funding and administrative [FR Doc. 2011–13348 Filed 5–27–11; 8:45 am] procedures, and stakeholder application BILLING CODE 3720–58–P support for the Committee. forms are available electronically at Committee Membership. Federal http://www.MRRIC.org. agencies with programs affecting the Purpose and Scope of the Committee. DEPARTMENT OF DEFENSE Missouri River may be members of the The duties of the MRRIC cover two MRRIC through a separate process with Department of the Army; Army Corps areas: the Corps. States and Federally 1. The Committee provides guidance of Engineers recognized Native American Indian to the Corps, and affected Federal tribes, as described in the Charter, are agencies, State agencies, or Native Notice of Solicitation of Applications eligible for Committee membership American Indian Tribes on a study of for Stakeholder Representative through an appointment process. the Missouri River and its tributaries to Members of the Missouri River Interested State and Tribal government Recovery Implementation Committee determine the actions required to mitigate losses of aquatic and terrestrial representatives should contact the Corps AGENCY: Department of the Army, U.S. habitat, to recover federally listed for information about the appointment Army Corps of Engineers, DoD. species protected under the Endangered process. ACTION: Notice. Species Act, and to restore the river’s This Notice is for individuals ecosystem to prevent further declines interested in serving as a stakeholder SUMMARY: The Commander of the among other native species. This study member on the Committee. In Northwestern Division of the U.S. Army is identified in Section 5018(a) of the accordance with the Charter for the Corps of Engineers (Corps) is soliciting WRDA. It will result in a single, MRRIC, stakeholder membership is applications to fill vacant stakeholder comprehensive plan to guide the limited to 28 people, with each member representative member positions on the implementation of mitigation, recovery, having an alternate. Members and Missouri River Recovery and restoration activities in the Missouri alternates must be able to demonstrate Implementation Committee (MRRIC). River Basin. This plan is referred to as that they meet the definition of Members are sought to fill vacancies on the Missouri River Ecosystem ‘‘stakeholder’’ found in the Charter of the a committee to represent various Restoration Plan (MRERP). For more MRRIC. Applications are currently categories of interests within the information about the MRERP go to being accepted for representation in the Missouri River basin. The MRRIC was http://www.MRERP.org. stakeholder interest categories listed formed to advise the Corps on a study 2. The MRRIC also provides guidance below: of the Missouri River and its tributaries to the Corps with respect to the a. Agriculture; and to provide guidance to the Corps Missouri River recovery and mitigation b. Conservation Districts; with respect to the Missouri River plan currently in existence, including c. Fish and Wildlife; recovery and mitigation activities recommendations relating to changes to d. Flood Control; currently underway. The Corps the implementation strategy from the e. Hydropower; established the MRRIC as required by use of adaptive management; f. Irrigation; the U.S. Congress through the Water coordination of the development of g. Navigation; Resources Development Act of 2007 consistent policies, strategies, plans, h. Recreation; (WRDA), Section 5018. programs, projects, activities, and i. Water Supply; and DATES: The agency must receive priorities for the Missouri River j. At Large; completed applications no later than recovery and mitigation plan. Terms of stakeholder representative July 15, 2011. Information about the Missouri River members of the MRRIC are three years. ADDRESSES: Mail completed Recovery Program is available at There is no limit to the number of terms applications to U.S. Army Corps of http://www.MoRiverRecovery.org. a member may serve. Incumbent Engineers, Omaha District (Attn: 3. Other duties of MRRIC include Committee members seeking MRRIC), 1616 Capitol Avenue, Omaha, exchange of information regarding reappointment do not need to re-submit NE 68102–4901 or e-mail completed programs, projects, and activities of the an application. However, they must applications to [email protected]. Please agencies and entities represented on the submit a renewal letter and related put ‘‘MRRIC’’ in the subject line. Committee to promote the goals of the materials as outlined in the FOR FURTHER INFORMATION CONTACT: Missouri River recovery and mitigation ‘‘Streamlined Process for Existing Mary S. Roth, 402–995–2919. plan; establishment of such working Members’’ portion of the document

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Process for Filling MRRIC Stakeholder • Commitment to make a good faith SUPPLEMENTARY INFORMATION: Section Vacancies (http://www.MRRIC.org). (as defined in the Charter) effort to seek 3506 of the Paperwork Reduction Act of Members and alternates of the balanced solutions that address multiple 1995 (44 U.S.C. Chapter 35) requires Committee will not receive any interests and concerns. that the Office of Management and compensation from the Federal • Agreement to support and adhere to Budget (OMB) provide interested government for carrying out the duties the approved MRRIC Charter and Federal agencies and the public an early of the MRRIC. Travel expenses incurred Operating Procedures. opportunity to comment on information by members of the Committee will not • Demonstration of a formal collection requests. The OMB is be reimbursed by the Federal designation or endorsement by an particularly interested in comments government. organization, local government, or which: (1) Evaluate whether the Application for Stakeholder constituency as its preferred proposed collection of information is Membership. Persons who believe that representative. necessary for the proper performance of they are or will be affected by the • Demonstrations of an established the functions of the agency, including Missouri River recovery and mitigation communication network to keep whether the information will have activities and are not employees of constituents informed and efficiently practical utility; (2) Evaluate the federal agencies, tribes, or state seek their input when needed. accuracy of the agency’s estimate of the agencies, may apply for stakeholder • Ability to contribute to the overall burden of the proposed collection of membership on the MRRIC. balance of representation on MRRIC. information, including the validity of Applications for stakeholder • Agreement to participate in the methodology and assumptions used; membership may be obtained collaboration training as a condition of (3) Enhance the quality, utility, and electronically at http://www.MRRIC.org. membership. clarity of the information to be Applications may be e-mailed or mailed All applicants will be notified in writing collected; and (4) Minimize the burden to the location listed (see ADDRESSES). In as to the final decision about their of the collection of information on those order to be considered, each application application. who are to respond, including through must include: the use of appropriate automated, 1. The name of the applicant and the Certification. I hereby certify that the electronic, mechanical, or other primary stakeholder interest category establishment of the MRRIC is necessary technological collection techniques or that person is qualified to represent; and in the public interest in connection other forms of information technology. 2. A written statement describing how with the performance of duties imposed the applicant meets the criteria for on the Corps by the Endangered Species Dated: May 24, 2011. membership (described below) and how Act and other statutes. Darrin A. King, their contributions will fulfill the roles Director, Information Collection Clearance Brenda S. Bowen, and responsibilities of MRRIC; Division, Privacy, Information and Records 3. Evidence, in the form of a written Army Federal Register Liaison Officer. Management Services, Office of Management. [FR Doc. 2011–13345 Filed 5–27–11; 8:45 am] endorsement letter, which demonstrates Institute of Education Sciences that the applicant represents an interest BILLING CODE 3720–58–P group(s) in the Missouri River basin. Type of Review: Revision To be considered, the application Title of Collection: National Title I must be complete and received by the DEPARTMENT OF EDUCATION Study of Implementation and Outcomes: close of business on July 15, 2011, at the Early Childhood Language Development location indicated (see ADDRESSES). Full Notice of Submission for OMB Review (ECLD) consideration will be given to all OMB Control Number: 1850–0871 AGENCY: Department of Education. complete applications received by the Agency Form Number(s): N/A specified due date. ACTION: Comment request. Frequency of Responses: once Persons wishing to apply as Affected Public: Not-for-profit SUMMARY: The Director, Information stakeholder members are strongly institutions Collection Clearance Division, Privacy, Total Estimated Number of Annual encouraged to identify an appropriate Information and Records Management individual to serve as his/her alternate. Responses: 24,120 Services, Office of Management, invites Total Estimated Annual Burden Alternates should apply with the comments on the submission for OMB individual seeking membership in the Hours: 9,385 review as required by the Paperwork Abstract: The study is being same interest area. Alternates must Reduction Act of 1995 (Pub. L. 104–13). apply in the same manner as conducted as part of the National stakeholder members and should DATES: Interested persons are invited to Assessment of Title I, mandated by Title include a recommendation from a submit comments on or before June 30, I, Part E, Section 1501 of the Elementary member applicant as well as the interest 2011. and Secondary Education Act. The group(s) they represent. ADDRESSES: Written comments should study is designed to identify school Application Review Process. be addressed to the Office of programs and instructional practices Committee stakeholder applications will Information and Regulatory Affairs, associated with improved language be forwarded to the current members of Attention: Education Desk Officer, development, background knowledge, the MRRIC. The MRRIC will provide Office of Management and Budget, 725 and comprehension outcomes for membership recommendations to the 17th Street, NW., Room 10222, New children in prekindergarten through Corps as described in Attachment A of Executive Office Building, Washington, third grade. Analyses will estimate the the Process for Filling MRRIC DC 20503, be faxed to (202) 395–5806 or associations between instructional Stakeholder Vacancies document e-mailed to programs and practices and student (http://www.MRRIC.org). The Corps is [email protected] with a outcomes to inform future rigorous responsible for appointing stakeholder cc: to [email protected]. Please note evaluation of strategies to improve members. The Corps will consider that written comments received in language and comprehension outcomes applications using the following criteria: response to this notice will be for at-risk children in these early years • Ability to commit the time required. considered public records. of school. We will identify 10 locations

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for the study, including seven-eight of Attention: Education Desk Officer, Program, state licensing agencies the largest urban school districts and Office of Management and Budget, 725 recruit, train, license and place two-three states with large Title I 17th Street, NW., Room 10222, New individuals who are blind as operators populations. Within each of the 10 Executive Office Building, Washington, of vending facilities (including locations, we will select five high- DC 20503, be faxed to (202) 395–5806 or cafeterias, snack bars, vending performing and five low-performing e-mailed to machines, etc.) located on federal and schools. Within each school, we will [email protected] with a other properties. In statute at 20 U.S.C. randomly sample an average of three cc: to [email protected]. Please note 107a(6)(a), the Secretary of Education is classrooms per grade. Within each that written comments received in directed through the Commissioner of classroom, we will randomly sample response to this notice will be the Rehabilitation Services eight students. Students will be assessed considered public records. Administration (RSA) to conduct in fall and spring. Principals, teachers, SUPPLEMENTARY INFORMATION: Section periodic evaluations of the programs and parents will be surveyed once, and 3506 of the Paperwork Reduction Act of authorized under the Randolph- students’ classrooms will be observed 1995 (44 U.S.C. Chapter 35) requires Sheppard Act. Additionally, section twice in the fall and twice in the spring. that the Office of Management and 107b(4) requires entities designated as Information from students’ school Budget (OMB) provide interested the state licensing agency to ‘‘make such records will be extracted at the end of Federal agencies and the public an early reports in such form and containing the school year. opportunity to comment on information such information as the Secretary may Copies of the information collection collection requests. The OMB is from time to time require * * *.’’ The submission for OMB review may be particularly interested in comments information to be collected is a accessed from the RegInfo.gov Web site which: (1) Evaluate whether the necessary component of the evaluation at http://www.reginfo.gov/public/do/ proposed collection of information is process and forms the basis for annual PRAMain or from the Department’s Web necessary for the proper performance of reporting. These data are also used to site at http://edicsweb.ed.gov, by the functions of the agency, including understand the distribution type and selecting the ‘‘Browse Pending whether the information will have profitability of vending facilities Collections’’ link and by clicking on link practical utility; (2) Evaluate the throughout the country. Such number 4494. When you access the accuracy of the agency’s estimate of the information is useful in providing information collection, click on burden of the proposed collection of technical assistance to state licensing ‘‘Download Attachments ’’ to view. information, including the validity of agencies and property managers. The Written requests for information should the methodology and assumptions used; Code of Federal Regulations, at 34 CFR be addressed to U.S. Department of (3) Enhance the quality, utility, and 395.8, specifies that vending machine Education, 400 Maryland Avenue, SW., clarity of the information to be income received by the state from LBJ, Washington, DC 20202–4537. collected; and (4) Minimize the burden federal property managers can be Requests may also be electronically of the collection of information on those distributed to blind vendors in an mailed to the Internet address who are to respond, including through amount not to exceed the national [email protected] or faxed to 202– the use of appropriate automated, average income for blind vendors. This 401–0920. Please specify the complete electronic, mechanical, or other amount is determined through data title of the information collection and technological collection techniques or collected using RSA–15: Report of OMB Control Number when making other forms of information technology. Randolph-Sheppard Vending Facility your request. Program. In addition, the collection of Individuals who use a Dated: May 25, 2011. Darrin A. King, information ensures the provision and telecommunications device for the deaf transparency of activities referenced in Director, Information Collection Clearance (TDD) may call the Federal Information 34 CFR 395.11 and 395.12 related to Relay Service (FIRS) at 1–800–877– Division, Privacy, Information and Records Management Services, Office of Management. training and disclosure of program and 8339. financial information. The following [FR Doc. 2011–13293 Filed 5–27–11; 8:45 am] Office of Special Education and changes are found in the revised BILLING CODE 4000–01–P Rehabilitative Services information collection (IC) RSA–15: Type of Review: Revision. Report of Randolph-Sheppard Vending Title of Collection: Report of Facility Program. In Section II, E. DEPARTMENT OF EDUCATION Randolph-Sheppard Vending Facility ‘‘Facilities on Public Property, Line 4 was expanded to include a breakdown Notice of Submission for OMB Review Program. OMB Control Number: 1820–0009. of the types of public facilities. Since AGENCY: Department of Education. Agency Form Number(s): N/A. this information is currently used to ACTION: Comment request. Frequency of Responses: Annually. calculate the total number of facilities Affected Public: State, Local, or Tribal on public property, there is no SUMMARY: The Director, Information Government, State Educational additional reporting burden. In Section Collection Clearance Division, Privacy, Agencies or Local Educational Agencies. IV, an additional column was added to Information and Records Management Total Estimated Number of Annual capture other sources of funding for Services, Office of Management, invites Responses: 52. expenditures other than those comments on the submission for OMB Total Estimated Annual Burden traditionally associated with the review as required by the Paperwork Hours: 702. program. At the end of the reporting Reduction Act of 1995 (Pub. L. 104–13). Abstract: The Vending Facility form, a text box was added for notes or DATES: Interested persons are invited to Program authorized by the Randolph- explanations at the request of the submit comments on or before June 30, Sheppard Act provides persons who are respondents, and contact information 2011. blind with remunerative employment was also requested to expedite follow- ADDRESSES: Written comments should and self-support through the operation up by RSA for approval of the reports. be addressed to the Office of of vending facilities on federal and other The instructions were modified Information and Regulatory Affairs, property. Under the Randolph-Sheppard accordingly to accommodate these

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changes in the form and to clarify mailed to [email protected] or planning. The U.S. Department of information. mailed to U.S. Department of Education, Education’s Budget Service will use Copies of the information collection 400 Maryland Avenue, SW., LBJ, these data for making program budget submission for OMB review may be Washington, DC 20202–4537. Please recommendations to Congress. accessed from the RegInfo.gov Web site note that written comments received in Copies of the proposed information at http://www.reginfo.gov/public/do/ response to this notice will be collection request may be accessed from PRAMain or from the Department’s Web considered public records. http://edicsweb.ed.gov, by selecting the site at http://edicsweb.ed.gov, by SUPPLEMENTARY INFORMATION: Section ‘‘Browse Pending Collections’’ link and selecting the ‘‘Browse Pending 3506 of the Paperwork Reduction Act of by clicking on link number 4630. When Collections’’ link and by clicking on link 1995 (44 U.S.C. chapter 35) requires that you access the information collection, number 4549. When you access the Federal agencies provide interested click on ‘‘Download Attachments’’ to information collection, click on parties an early opportunity to comment view. Written requests for information ‘‘Download Attachments’’ to view. on information collection requests. The should be addressed to U.S. Department Written requests for information should Director, Information Collection of Education, 400 Maryland Avenue, be addressed to U.S. Department of Clearance Division, Information SW, LBJ, Washington, D.C. 20202–4537. Education, 400 Maryland Avenue, SW., Management and Privacy Services, Requests may also be electronically LBJ, Washington, DC 20202–4537. Office of Management, publishes this mailed to [email protected] or faxed Requests may also be electronically notice containing proposed information to 202–401–0920. Please specify the mailed to the Internet address collection requests at the beginning of complete title of the information [email protected] or faxed to 202– the Departmental review of the collection and OMB Control Number 401–0920. Please specify the complete information collection. The Department when making your request. title of the information collection and of Education is especially interested in Individuals who use a OMB Control Number when making public comment addressing the telecommunications device for the deaf your request. following issues: (1) Is this collection (TDD) may call the Federal Information Individuals who use a necessary to the proper functions of the Relay Service (FIRS) at 1–800–877– telecommunications device for the deaf Department; (2) will this information be 8339. (TDD) may call the Federal Information processed and used in a timely manner; [FR Doc. 2011–13294 Filed 5–27–11; 8:45 am] Relay Service (FIRS) at 1–800–877– (3) is the estimate of burden accurate; BILLING CODE 4000–01–P 8339. (4) how might the Department enhance [FR Doc. 2011–13391 Filed 5–27–11; 8:45 am] the quality, utility, and clarity of the BILLING CODE 4000–01–P information to be collected; and (5) how DEPARTMENT OF EDUCATION might the Department minimize the burden of this collection on the Federal Family Education Loan DEPARTMENT OF EDUCATION respondents, including through the use Program of information technology. Notice of Proposed Information AGENCY: Federal Student Aid, Collection Requests Dated: May 24, 2011. Department of Education. Darrin A. King, ACTION: Notice inviting guaranty AGENCY: Department of Education. Director, Information Collection Clearance agencies to submit proposals to ACTION: Comment request. Division, Privacy, Information and Records participate in a Voluntary Flexible Management Services, Office of Management. Agreement. SUMMARY: The Department of Education (the Department), in accordance with Office of English Language Acquisitions SUMMARY: The Secretary invites the Paperwork Reduction Act of 1995 Type of Review: Extension guaranty agencies with agreements to (PRA) (44 U.S.C. 3506(c)(2)(A)), Title of Collection: Foreign Language participate in the Federal Family provides the general public and Federal Assistance Program for Local Education Loan (FFEL) Program to agencies with an opportunity to Educational Agencies: Grantee submit proposals to enter into a comment on proposed and continuing Performance Report Voluntary Flexible Agreement (VFA) collections of information. This helps OMB Control Number: 1885–0554 with the Secretary, as authorized by the Department assess the impact of its Agency Form Number(s): N/A section 428A of the Higher Education information collection requirements and Frequency of Responses: Semi- Act of 1965, as amended (HEA). minimize the reporting burden on the Annually Guaranty agencies whose proposals are public and helps the public understand Affected Public: State, Local, or Tribal accepted will operate under the the Department’s information collection Government, State Educational requirements of the VFA in lieu of the requirements and provide the requested Agencies or Local Educational Agencies guaranty agency agreements established data in the desired format. The Director, Total Estimated Number of Annual under sections 428(b) and (c) of the Information Collection Clearance Responses: 114 HEA. Division, Privacy, Information and Total Estimated Number of Annual The intent of this invitation is for the Records Management Services, Office of Burden Hours: 4,674 Secretary to receive proposals from Management, invites comments on the Abstract: The grantee performance guaranty agencies or from teams of proposed information collection report will collect semi-annual guaranty agencies, that will lead to the requests as required by the Paperwork information from grantees regarding development of VFAs that will enhance Reduction Act of 1995. their project service, goals, objective, the integrity and stability of the FFEL DATES: Interested persons are invited to performance and budget. Respondents Program, improve services to students, submit comments on or before August 1, are Local Educational Agencies schools and lenders, and use Federal 2011. grantees. The data will be used for resources more cost-effectively and ADDRESSES: Comments regarding burden reporting on the program’s Government efficiently. The Secretary is particularly and/or the collection activity Performance Results Act measures, interested in receiving proposals that requirements should be electronically project monitoring, and program eliminate poorly aligned incentives in

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the current guaranty agency structure as mail message sent to the e-mail address informational outreach to schools and well as the conflicts of interest that may provided in the ADDRESSES section of students in support of access to higher potentially exist when a guaranty this notice. The ‘‘Subject’’ line of the e- education. agency is responsible for both default mail must read ‘‘VFA Proposal-2011’’. The VFA may specify the fees the prevention and default collections. FOR FURTHER INFORMATION CONTACT: Secretary will pay, in lieu of revenues The Secretary invites the submission Diane McLaughlin, U.S. Department of the guaranty agency would otherwise of either individual proposals from a Education, Federal Student Aid, room receive, and other funds that the agency single guaranty agency or joint 101J2, 830 First Street, NE., Washington, may receive and retain. The VFA may proposals from teams of guaranty DC 20002. Telephone: (202) 377–3748 also specify: The use of net revenues for agencies. However, under the or by e-mail: [email protected]. other activities in support of Secretary’s planned reorganization of If you use a telecommunications postsecondary education; the guaranty agency responsibilities, as device for the deaf (TDD), call the performance standards that will be used described in the ‘‘Scope of the VFAs’’ Federal Relay Service (FRS), toll free, at to assess the agency’s performance section of this notice, it is likely that 1–800–877–8339. Individuals with under the VFA and the consequences of joint proposals would result in greater disabilities can obtain this document in the agency’s failure to meet those efficiencies and ease of implementation. an accessible format (e.g., braille, large standards; the circumstances under A joint proposal, if approved, will result print, audiotape, or computer diskette) which a VFA may be terminated by the in separate, but complementary, VFAs on request to the program contact Secretary in advance of any established for each of the agencies in the team. person listed above. termination date; other student loan- A guaranty agency may submit more SUPPLEMENTARY INFORMATION: related businesses the Secretary will than one proposal in response to this permit the guaranty agency to engage in, notice. However, an agency will have Voluntary Flexible Agreements and any other provisions the Secretary only one VFA, that could provide that Under sections 428(b) and (c) of the believes are necessary to protect the the agency assume a number of different HEA, guaranty agencies perform certain United States from unreasonable risk of guaranty agency activities as described roles in the FFEL Program pursuant to loss. in the GA Responsibility Areas section agreements with the Secretary. Section Pursuant to section 428A(b)(2)(B) of of this notice. 428A of the HEA authorizes the the HEA, the Secretary’s costs under the This notice provides information on Secretary to enter into VFAs with VFAs resulting from this notice may the scope and conditions of VFA guaranty agencies to replace the not, in the aggregate, exceed the costs proposals that the Secretary is seeking, agreements required under sections the Secretary would have incurred the procedures for the submission of 428(b) and (c) of the HEA. The purpose absent the VFAs. Therefore, to finalize VFA proposals, the information that of a VFA is to permit a more flexible the VFAs the Secretary must conclude must be included in a VFA proposal agreement between the Secretary and that the total projected cost for all of the submitted in response to this notice, the guaranty agency than the standard VFAs will not increase Federal costs and the steps the Secretary will take agreements. The VFA authority allows compared to the projected costs under when finalizing a VFA. the Secretary and the guaranty agency to the original agreements. As the VFAs DATES: Deadline for submission of a develop, utilize, and evaluate alternate are implemented, the Secretary will VFA proposal: August 1, 2011. ways of ensuring that the monitor, at least quarterly, the Federal ADDRESSES: VFA proposals must be responsibilities of FFEL Program costs of the VFAs to ensure that the submitted via e-mail to the following e- guaranty agencies are fulfilled in the VFAs continue to meet this statutory mail address: [email protected]. most cost-effective and efficient manner cost requirement. Instructions for Submitting Proposals: possible. The overall cost to the Federal The Secretary has exercised VFA Each VFA proposal must be government cannot increase as a result authority in the past by entering into accompanied by a cover letter. The of the VFAs. VFAs with five guaranty agencies. The cover letter for an individual proposal As part of a VFA with a guaranty last of those VFAs expired on submitted by one guaranty agency must agency, the Secretary may waive or September 30, 2008. A report on that be on the guaranty agency’s letterhead, modify statutory and regulatory earlier VFA initiative can be found at signed by the chief executive officer of requirements as necessary, except that http://www.fp.ed.gov/PORTALSWeb the guaranty agency, and include the the Secretary may not waive any App/fp/proj2.jsp. statutory requirements related to the name, mailing address, e-mail address, Impact of ECASLA and the SAFRA Act Fax number, and telephone number of terms and conditions attached to a contact person at the guaranty agency. student loans or to default claim The Secretary is requesting proposals While the cover letter for a joint amounts paid to lenders. for VFAs at this time because of proposal submitted by a team of The HEA specifies that a VFA may significant legislative changes made to guaranty agencies may be on the include provisions related to the the FFEL Program over the past few letterhead of one of the guaranty responsibilities of a guaranty agency years. agencies included in the proposal, it with respect to: Administering the The Ensuring Continued Access to must be signed by the chief executive issuance of insurance on loans; Student Loan Act of 2008, as amended officer of each of the guaranty agencies monitoring student loan insurance (Pub. L. 110–227) (ECASLA), authorized included in the joint proposal. The commitments; undertaking default the Secretary to create programs to letter must also include the name, aversion activities; reviewing lender allow FFEL loan holders to sell certain mailing address, e-mail address, Fax default claims; collecting defaulted outstanding FFEL Program loans to the number, and telephone number of a loans; adopting internal systems of Secretary. Under those programs, FFEL contact person at each of those guaranty accounting and auditing that are Program lenders sold more than 24.5 agencies. acceptable to the Secretary and result in million loans to the Secretary. As a The cover letter and the proposal are timely, accurate, and auditable reporting result, the outstanding portfolio of FFEL to be submitted as Adobe Portable to the Secretary; monitoring institutions Program loans under guarantee has Document (PDF) attachments to an e- and lenders; and engaging in declined by more than $100 billion,

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reducing both the short-term and long- way to achieve economies of scale is by Secretary believes may be appropriate. term revenues of guaranty agencies. consolidating FFEL defaulted loan Each VFA ultimately executed by the The SAFRA Act, part of the Health collection responsibilities among a Department and the guaranty agency Care and Education Reconciliation Act small number of guaranty agencies. The will include the specific data and of 2010 (Pub. L. 111–152), ended, as of Secretary expects that such measurements that will be used to July 1, 2010, the origination of new consolidation would significantly evaluate the success of the VFA. FFEL Program loans. As of July 1, 2010, reduce program costs for collections and all Stafford, PLUS, and Consolidation related activities while providing GA Responsibility Area I—Lender loans are being made under the William resources to support other guaranty Claims Review, Lender Claims D. Ford Federal Direct Loan (Direct agency responsibilities. Payment, and Collections Loan) Program. The end of new FFEL GA Responsibility Areas: The A guaranty agency that assumes, as Program loan originations necessarily Secretary believes that an effective way part of its VFA, GA Responsibility Area changes the types and scope of guaranty to reorganize guaranty agency I will perform the related activities for agency activities. It also means that responsibilities is to arrange those its own loan portfolio and for the FFEL guaranty agencies will not have responsibilities into the four distinct portfolios of other guaranty agencies the estimated $75 billion of annual new areas identified in this notice and participating under a VFA with the loan volume that otherwise would have described as ‘‘GA Responsibility Areas.’’ Secretary. Thus, that guaranty agency been added to their portfolios, thus The activities and responsibilities must have the managerial and resulting in further reductions to included in each of the GA operational capacity, including guaranty agency revenues. Responsibility Areas will be assigned to significant and demonstrable scalability As a result of the ECASLA loan sales guaranty agencies so as to build on the in its systems and other infrastructure, and the end of new FFEL Program loan particular strengths of an agency and to assume expanded claims review, originations because of the SAFRA Act, reduce costs through efficiencies and claims payment, and collections the total dollar amount of the FFEL economies of scale. Under this responsibilities. The guaranty agency Program guaranty agency portfolio has, approach, each guaranty agency that must have efficient and cost-effective as of December 31, 2010, been reduced participates under a VFA, as a result of systems and processes that will result in by more than 20 percent from its total the process announced in this notice, significant cost savings when applied to on December 31, 2008. As noted, this will assume responsibility for the the larger portfolio of loans for which it revenue reduction jeopardizes the activities included in one or more of the would be responsible. guaranty agencies’ ability to meet their GA Responsibility Areas. The guaranty A guaranty agency that assumes GA FFEL Program responsibilities. In light agency will likely be responsible for Responsibility Area I may not also of these circumstances, the Secretary those activities not only for its own loan assume GA Responsibility Area II believes that it is appropriate to portfolio and service area but also, if (Delinquency and Default Prevention establish new guaranty agency included in the VFA, for the portfolio and Management). This restriction is structures and financing mechanisms and service area of one or more other intended to eliminate the potential for that will protect the Federal fiscal guaranty agencies participating under a conflicts of interest that may exist when interest in the outstanding FFEL VFA with the Secretary. At the same a guaranty agency is responsible for Program portfolio. time, the guaranty agency would default aversion on loans for which it The Secretary also wants to ensure relinquish its responsibility for GA may also be responsible for default that guaranty agencies are able to Responsibility Area activities assumed collections if its default prevention continue to provide high quality by other guaranty agencies under their efforts are not successful. For similar services to borrowers, lenders, and respective VFAs. schools while supporting the important A GA Responsibility Area will only be reasons, a guaranty agency that assumes responsibilities that they have in the assigned to a guaranty agency if the GA Responsibility Area I may not also areas of default prevention, outreach, guaranty agency has demonstrated assume GA Responsibility Area IV and oversight. competency in performing the activities (Lender/Servicer Oversight). associated with that GA Responsibility A proposal to assume GA Scope of the VFAs Area. Responsibility Area I must include a The Secretary intends to use VFAs to The Secretary has established the suggested set of specific objectives, reorganize guaranty agency following four GA Responsibility Areas activities, and performance measures responsibilities among VFA for the purpose of soliciting proposals that the Secretary could use to evaluate participating agencies in a way that will from, and finalizing VFAs with, the guaranty agency’s effectiveness in ensure that borrowers, students, and guaranty agencies. As noted elsewhere meeting the proposed objectives by lenders receive needed services in a in this notice, VFA proposals may be carrying out the proposed activities. manner that is cost-effective for the submitted by one guaranty agency on its The proposal must include a taxpayer, eliminates the potential for own behalf or by a team of guaranty description of the specific data that the conflicts of interest, and fully supports agencies submitting a joint proposal. A guaranty agency will provide to the the FFEL Program. The VFAs will also joint proposal should clearly indicate Secretary for the evaluation. While provide important operational, fiscal, which agency or agencies within the proposals may include output measures, and program information that the group will assume which GA they should include specific and Secretary may find beneficial in the Responsibility Area activities. measurable outcomes. For example, an administration of the Federal student As discussed below, each VFA agency might propose to measure its financial assistance programs proposal must include the types of data success in working with borrowers to authorized by Title IV of the HEA. and measurements the guaranty agency resolve defaults after the default claim The Secretary expects that the VFAs suggests could be used to evaluate its was filed by the lender but before the will reduce guaranty agency operating performance under the VFA. The agency paid the claim. This type of costs from resulting economies of scale discussion of each GA Responsibility outcome measure is preferable to only and from the specific programmatic Area below includes examples of the measuring output in the form of strengths of individual agencies. One types of data and measurements that the counting the number of days it took the

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agency to review a claim and make the services from the agency or measuring the functions will be carried out by the insurance payment to the lender. whether borrowers, based upon the team (e.g., one guaranty agency may An agency could also measure the agency’s communications and other carry out financial literacy efforts borrower experience in terms of intervention strategies, chose a more exclusively, while other guaranty satisfaction with the collection appropriate repayment plan for their agencies in the team perform the other communications from the agency (or its financial situation. GA Responsibility Area III functions). collection contractors) and the These types of outcome measures are A proposal to assume GA borrower’s continued compliance with preferable to only providing a routine Responsibility Area III must include a an established payment plan. Again, output measure of counting the number suggested set of specific objectives, this type of outcome measure is of delinquent borrowers contacted. activities, and performance measures preferable to an output measure such as An agency could also work with that the Secretary could use to evaluate the number of borrowers contacted. postsecondary institutions to develop or the guaranty agency’s effectiveness in A joint proposal submitted by a team enhance, and measure the effectiveness meeting the proposed objectives by of guaranty agencies must specifically of student loan counseling programs carrying out the proposed activities. identify which guaranty agency within and other financial counseling tools The proposal must include a the group, if any, the team requests the through students’ demonstrated description of the specific data that the Secretary to consider for assumption of understanding of the implications of guaranty agency will provide to the Guaranty Agency Responsibility Area I. borrowing to meet postsecondary Secretary for the evaluation. The If one of the guaranty agencies in a team educational expenses, including proposal should include outcomes not wishes to assume GA Responsibility methods for managing student loans and just outputs. For example, an agency Area I and others in the team GA other financial transactions. An example might measure the effectiveness of its Responsibility II or GA Responsibility of student behavior that can be outreach and education activities by measured to demonstrate that a student Area IV, the proposal must show how measuring the number of low-income, the participating guaranty agencies will understands these issues might be first-generation, and other under- avoid potential conflicts of interest measured by whether the student has represented students participating in within the team with regard to provided the institution with postsecondary education. Indicators of collections and default aversion and information that will allow the effectiveness might include determining lender oversight. institution to deposit the student’s Title the number of such students who apply IV credit balances into a no-cost to the GA Responsibility Area II (Delinquency for admission to postsecondary student account at a bank, credit union, and Default Prevention and institutions, complete and submit a or other federally insured account. Management) FAFSA, apply for scholarships and These types of outcome measures are other non-Federal assistance, exhaust all A guaranty agency that assumes, as preferable to only providing an output Federal and State aid options before part of its VFA, GA Responsibility Area measure such as the number of taking private education loans, and II for itself, and if included in the VFA, counseling sessions held or the number enroll in and successfully complete a for the portfolios and service areas of of borrower ‘‘hits’’ on a Web site. other guaranty agencies participating A joint proposal from a team of postsecondary education program of under a VFA with the Secretary, must guaranty agencies must specifically study. An agency could also determine have the expertise and capacity to identify which guaranty agency or the number of such students who develop, implement, and evaluate a guaranty agencies the team requests the indicate that they compare institutions, delinquency and default prevention and Secretary to consider for Guaranty including financial aid awards, before management program in an efficient and Agency Responsibility Area II. selecting an institution and an academic cost-effective manner. Any guaranty program. These examples of outcome agency requesting GA Responsibility GA Responsibility Area III (Community measures would be preferable to only Area II must be able to demonstrate that Outreach, Financial Literacy and Debt providing an output measure such as it has these capabilities and that it has Management, School Training and the number of students or families a plan for a robust delinquency and Assistance, and School Oversight) contacted, the number of publications default prevention program. A guaranty agency that assumes, as distributed, or the reach of a media A proposal to assume GA part of its VFA, GA Responsibility Area campaign. Responsibility Area II must include a III must have the expertise and capacity Another example of an outcome suggested set of specific objectives, to develop, implement, and evaluate a measure for GA Responsibility Area III activities, and performance measures strategy to perform one or more of the might be evaluating the effectiveness of that the Secretary could use to evaluate GA Responsibility Area III activities in the agency’s training with and oversight the guaranty agency’s effectiveness in an efficient and cost-effective manner. of postsecondary institutions. Such an meeting the proposed objectives by The guaranty agency must be able to evaluation might assess whether and to carrying out the proposed activities. demonstrate that it has these what extent, as a result of the agency’s The proposal must include a capabilities and has a plan for a training and intervention, the description of the specific data that the comprehensive and scalable community institution’s understanding of and guaranty agency will provide to the outreach, financial literacy, training, compliance with the requirements of the Secretary for the evaluation. The and/or school oversight program for its Title IV student aid programs improved. proposal should include outcomes not current service area and, if included in This type of outcome measure is just outputs. For example, an agency the VFA, the service areas of other preferable to only providing an output might measure the extent to which guaranty agencies participating under a measure such as the number of training borrowers understand their rights, VFA with the Secretary. activities conducted or the number of obligations, and responsibilities as While not every guaranty agency program reviews completed. Federal student loan borrowers. This performing GA Responsibility Area III A joint proposal submitted by a team might include monitoring the activities must carry out every allowable of guaranty agencies must specifically repayment performance of delinquent function independently, any joint identify which guaranty agency or borrowers who received intervention proposals must demonstrate how all of guaranty agencies the team requests the

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Secretary to consider for GA GA Responsibility Area I (Lender collections generated by the fewer Responsibility Area III. Claims Review, Lender Claims Payment, number of guaranty agencies that will be and Collections) may not also assume assigned to GA Responsibility Area I, GA Responsibility Area IV (Lender and GA Responsibility Area II (Delinquency along with amounts that otherwise Lender Servicer Oversight) and Default Prevention and would have been provided to VFA A guaranty agency that assumes, as Management) or GA Responsibility Area participating guaranty agencies in the part of its VFA, GA Responsibility Area IV (Lender and Lender Servicer form of Account Maintenance Fees and IV must have the expertise and capacity Oversight). Default Aversion Fees, will be used by to perform lender and lender servicer Secretary’s Oversight the Secretary to support the activities of oversight in an efficient and cost- guaranty agencies assuming GA effective manner. The guaranty agency The Secretary will enhance oversight Responsibility Areas II, III, and IV. must be able to demonstrate that it has and monitoring of guaranty agencies— All payments to each guaranty agency this capability and has a plan for a including those that have not entered will be made by the Secretary according comprehensive and scalable oversight into VFAs—to determine their to the terms of the financing plan program for lenders assigned to the continued financial viability and included in the VFA with that agency. agency under the VFA. operational capacity to properly perform No payments will be made, directly or A proposal to assume GA their FFEL Program responsibilities. indirectly, from one guaranty agency to Responsibility Area IV must include a Each guaranty agency that participates another and no guaranty agency may suggested set of specific objectives, under a VFA resulting from this notice share its income under the VFA with activities, and performance measures will be subject to oversight by the another guaranty agency without the that the Secretary could use to evaluate Secretary. This oversight will include, at approval of the Secretary. the guaranty agency’s effectiveness in a minimum, requirements for the Therefore, as noted in the following meeting the proposed objectives by guaranty agency to submit operational Information to be Included with the carrying out the proposed activities. The status reports, financial reports, VFA Proposal paragraphs, proposals proposal must also include an performance metrics, and the results of that identify a guaranty agency that evaluation plan and the specific data the evaluations discussed in the wishes to assume GA Responsibility that the guaranty agency will provide to Information to be Included with the Area I activities must provide a the Secretary for the evaluation. Where VFA Proposal section of this notice. performance-based financing structure possible, the evaluation plan should Oversight will also include that includes a comparison of current include outcomes not just outputs. For monitoring to ensure that the guaranty cash flows to projected cash flows that example, an agency might assess agency meets its responsibilities under demonstrates increased cost- whether, and to what extent, as a result the Federal Information Security effectiveness. of the agency’s intervention, the lender’s Management Act of 2002 (FISMA). Proposals that identify a guaranty or servicer’s understanding of and A guaranty agency that does not enter agency that wishes to assume activities compliance with FFEL Program into a VFA with the Secretary will in GA Responsibility Area II, GA requirements has improved. This type of continue to operate under the regular Responsibility Area III, or GA outcome measure is preferable to output guaranty agency agreements of sections Responsibility Area IV must include a measures such as the number of 428(b) and (c) of the HEA. However, proposed performance-based financing oversight activities completed or the because of the previously discussed plan describing what each of the number of findings reported. financial and operational impacts on activities proposed will cost and how A joint proposal submitted by a team guaranty agencies of ECASLA and the the guaranty agency expects to cover of guaranty agencies must specifically SAFRA Act, the Secretary will carefully those costs. identify which guaranty agency or monitor such guaranty agencies to Guaranty agencies proposing to guaranty agencies the team wishes the determine their continued financial assume GA Responsibility Area II and/ Secretary to consider for GA viability and operational capacity to or GA Responsibility Area III activities Responsibility Area IV. properly perform their FFEL Program are encouraged to include in their responsibilities. This includes Combinations of GA Responsibility proposals pricing strategies that include monitoring to ensure that the agencies Areas leveraging activities and costs in meet their responsibilities under partnership with other, non-guaranty A VFA proposal may include a FISMA. agency entities or organizations. request that a guaranty agency assume more than one GA Responsibility Area. Financing of VFA Activities Request for Proposals For example, a proposal may request Using the statutory authority for VFAs Guaranty agencies with agreements that the guaranty agency assume GA in section 428A of the HEA, the with the Secretary under sections 428(b) Responsibility Area II (Delinquency and Secretary intends to modify the process and (c) of the HEA wishing to enter into Default Prevention and Management) for, and the types and amount of, a VFA with the Secretary as outlined in and GA Responsibility Area IV (Lender payments provided to guaranty agencies this notice must submit a written and Lender Servicer Oversight), or a participating under a VFA. proposal by the date established in the submission may propose that the The Secretary expects that the DATES section of this notice. guaranty agency assume GA reorganization of responsibilities among The Secretary believes that a Responsibility Area II (Delinquency and guaranty agencies under the VFAs as comprehensive proposal can be Default Prevention and Management) discussed in this notice will result in presented in approximately 25 pages, and GA Responsibility Area III significant economies of scale and excluding any tables, charts, or other (Community Outreach, Financial increased efficiencies. This will be similar attachments. Literacy and Debt Management, School especially true for those guaranty Training and Assistance, and School agencies assigned to GA Responsibility Information To Be Included With the Oversight). Area I (Lender Claims Review, Lender VFA Proposal However, as noted earlier in this Claims Payment, and Collections). A Each proposal for a VFA in response notice, a guaranty agency that assumes portion of the amounts available from to this notice must include, for each of

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the GA Responsibility Areas the Availability of Proposals Program Authority: 20 U.S.C. 1070a, guaranty agency or team of guaranty VFA proposals will generally be 1070a–1, 1070b–1070b–4, 1070c– agencies wishes to assume, a discussion considered public documents and will 1070c–4, 1070g, 1071–1087–2, 1087a– of the following: 1087j, and 1087aa–1087ii; 42 U.S.C. • be available to members of the public The specific objectives the guaranty and to other guaranty agencies. 2751–2756b. agency or team proposes to accomplish. However, the Secretary intends to Dated: May 25, 2011. • The specific activities the guaranty exempt pricing and financing William J. Taggart, agency or team of guaranty agencies information included in the proposal proposes to perform to meet those Chief Operating Officer, Federal Student Aid. from disclosure as confidential business objectives. [FR Doc. 2011–13339 Filed 5–27–11; 8:45 am] information. • Where possible, summaries of and BILLING CODE 4000–01–P links to research providing justification Selection for specific activities the guaranty After reviewing and evaluating each agency or team of guaranty agencies DEPARTMENT OF EDUCATION VFA proposal received in response to proposes to perform. This information is this notice, the Secretary will decide Privacy Act of 1974, as Amended; particularly valuable for activities whether to begin discussions with the Computer Matching Program included in GA Responsibility Areas II guaranty agency or team of guaranty and III. AGENCY agencies that submitted the proposal to : Department of Education. • An implementation plan for develop the VFAs. These discussions ACTION: Notice. carrying out the specific activities will address issues such as: proposed for each GA Responsibility SUMMARY: Pursuant to the Privacy Act of • The financing plan for the activities Area. 1974, as amended (Privacy Act) • A description of the expertise and to be assumed by the guaranty agency or (5 U.S.C. 552a), the Office of team of guaranty agencies. accomplishments the guaranty agency • Management and Budget (OMB) Final or team of guaranty agencies has for the The budgets, allocation methods, Guidance Interpreting the Provisions of activities of each of the GA and financing mechanisms (including Public Law 100–503, the Computer Responsibility Areas requested. performance-based financing Matching and Privacy Protection Act of • How the proposed VFA would mechanisms) that will be used to 1988, 54 FR 25818 (June 19, 1989), and improve services to borrowers, lenders, reimburse the guaranty agency for the OMB Circular A–130, Appendix I, activities it has assumed. schools, and the Department of • notice is hereby given of the renewal of Education. Required reporting, including audit the computer matching program • The specific performance metrics requirements. between the U.S. Department of • The standards by which each the guaranty agency or team of guaranty Education (ED) (the recipient agency) guaranty agency’s performance of its agencies proposes to use to measure and the U.S. Department of Veterans responsibilities under the VFA will be benefits of the VFA to borrowers, Affairs (VA) (the source agency). After assessed. lenders, students, and taxpayers. the ED and VA Data Integrity Boards • The circumstances under which the • Plans for an evaluation scheme for approve a new computer matching VFA may be terminated by the the activities assigned to the guaranty agreement (CMA), the computer Secretary. agency or team of guaranty agencies, matching program will begin on the • Other provisions that the Secretary including, if feasible, plans for the effective date as specified in the CMA may determine to be necessary to evaluations to be conducted by an and as indicated in paragraph 5 of this protect the United States from the risk independent agency or organization not notice. affiliated with the guaranty agency or of unreasonable loss and to promote the In accordance with the Privacy Act agencies. As noted with some specificity purpose of the Federal student aid and applicable OMB guidance, the under the discussions for each of the GA programs. following information is provided: Responsibility Areas, evaluations Electronic Access to This Document: should emphasize outcomes and not The official version of this document is 1. Names of Participating Agencies only outputs. the document published in the Federal The U.S. Department of Education • Specific financing plans for each of Register. Free Internet access to the (ED) and the U.S. Department of the GA Responsibility Areas requested official edition of the Federal Register Veterans Affairs (VA). by the guaranty agency or team of and the Code of Federal Regulations is 2. Purpose of the Match guaranty agencies. available via the Federal Digital System • How the proposal will create at: http://www.gpo.gov/fdsys. At this The purpose of this matching program efficiencies in performing the activities site you can view this document, as well between ED and VA is to verify the of the GA Responsibility Area or Areas as all other documents of this veteran’s status of applicants for assumed by the guaranty agency or the Department published in the Federal financial assistance under Title IV of the team of guaranty agencies. Register, in text or Adobe Portable Higher Education Act of 1965, as • An explanation of the likely impact Document Format (PDF). To use PDF amended, (HEA), who claim to be the proposed VFA may have on the you must have Adobe Acrobat Reader, veterans. continued financial and operational which is available free at the site. The Secretary of Education is viability of the guaranty agency. You may also access documents of the authorized by the HEA to administer the • Any limitations on the expansion of Department published in the Federal Title IV programs and to enforce the the activities of the GA Responsibility Register by using the article search terms and conditions of the HEA. Area beyond the existing portfolio and/ feature at: http:// Section 480(c)(1) of the HEA defines or service area of the guaranty agency, www.federalregister.gov. Specifically, the term ‘‘veteran’’ to mean ‘‘any including any timing constraints to such through the advanced search feature at individual who (A) has engaged in the an expansion. this site, you can limit your search to active duty in the United States Army, • How each guaranty agency will documents published by the Navy, Air Force, Marines, or Coast comply with FISMA. Department. Guard; and (B) was released under a

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condition other than dishonorable.’’ 6. Address for Receipt of Public ACTION: Notice of open meeting. (20 U.S.C. 1087vv(c)(1)). Under section Comments or Inquiries 480(d)(1)(D) of the HEA, an applicant SUMMARY: This notice announces an Individuals wishing to comment on open meeting of the Secretary of Energy who is a veteran (as defined in section this matching program or obtain 480(c)(1)) is considered an independent Advisory Board (SEAB) Natural Gas additional information about the Subcommittee. SEAB was reestablished student for purposes of Title IV, HEA program, including requesting a copy of program assistance eligibility, and pursuant to the Federal Advisory the CMA between ED and VA, should Committee Act (Pub. L. 92–463, 86 Stat. therefore does not have to provide contact Mr. Leroy Everett, Management parental income and asset information 770) (the Act). This notice is provided and Program Analyst, U.S. Department in accordance with the Act. to apply for Title IV, HEA program of Education, Federal Student Aid, DATES: assistance. (20 U.S.C. 1087vv(d)(1)(D)). Union Center Plaza, 830 First Street, Wednesday, June 1, 2011 NE., Washington, DC 20202. Telephone: 3. Authority for Conducting the 10 a.m.–12 p.m. Matching Program (202) 377–3265. If you use a 1:30 p.m.–4 p.m. telecommunications device for the deaf Thursday, June 2, 2011 ED is authorized to participate in the (TDD), call the Federal Relay Service matching program under sections 10 a.m.–12 p.m. (FRS), toll free, at 1–800–877–8339. 1 p.m.–4 p.m. 480(c)(1) and 480(d)(1)(D) of the HEA Individuals with disabilities can ADDRESSES: Department of Energy, 1000 (20 U.S.C. 1087vv(c)(1) and (d)(1)(D)). obtain this document in an alternative Independence Avenue, SW., VA is authorized to participate in the format (e.g., braille, large print, Washington, DC 20585. matching program under 38 U.S.C. 523. audiotape or computer diskette) on FOR FURTHER INFORMATION CONTACT: 4. Categories of Records and request to the contact person listed in the preceding paragraph. Renee Stone, Deputy Designated Federal Individuals Covered by the Match Officer, U.S. Department of Energy, ED will provide the Social Security Electronic Access to the Document 1000 Independence Avenue, SW., number and other identifying The official version of this document Washington, DC 20585; e-mail to: information of each applicant who is the document published in the [email protected] or at the following indicates veteran status. This Federal Register. Free Internet access to Web site: http:// information will be disclosed from the the official edition of the Federal www.shalegas.energy.gov. Federal Student Aid Application File Register and the Code of Federal SUPPLEMENTARY INFORMATION: system of records Regulations is available via the Federal Background: The SEAB was (18–11–01), which was most recently Digital System at: http://www.gpo.gov/ reestablished to provide advice and published in the Federal Register on fdsys. At this site you can view this recommendations to the Secretary on December 29, 2009 (74 FR 68802– document, as well as all other the Department’s basic and applied 68808). ED will disclose this documents of this Department research, economic and national information to VA under routine use published in the Federal Register, in security policy, educational issues, No. 14. ED data will be matched against text or Adobe Portable Document operational issues and other activities as data in the Veterans and Beneficiaries Format (PDF). To use PDF you must directed by the Secretary. The Natural Identification and Records Location have Adobe Acrobat Reader, which is Gas Subcommittee was established to Subsystem—VA (38VA21) system of available free at the site. provide advice and recommendations to records, under routine use No. 21, as You may also access documents of the the Full Board on how to improve the added to that system of records by a Department published in the Federal safety and environmental performance notice published in the Federal Register Register by using the article search of natural gas hydraulic fracturing from on June 4, 2001 (66 FR 30049–50). feature at: http:// shale formations, thereby harnessing a www.federalregister.gov. Specifically, vital domestic energy resource while 5. Effective Dates of the Matching through the advanced search feature at Program ensuring the safety of citizen’s drinking this site, you can limit your search to water and the health of the The matching program will be documents published by the environment. President Obama directed effective on the last of the following Department. Secretary Chu to convene this group as dates: (1) June 24, 2011, the day after the Note: The official version of this document part of the President’s ‘‘Blueprint for a expiration of the current computer is the document published in the Federal Secure Energy Future’’—a matching agreement; (2) 30 days after Register. Free Internet access to the official comprehensive plan to reduce notice of the matching program edition of the Federal Register and Code of America’s oil dependence, save described in the CMA has been Federal Regulations is available on GPO consumers money, and to make our published in the Federal Register; or access at: http://www.gpoaccess.gov/nara/ index.html. country the leader in clean energy (3) 40 days after a report concerning the industries. matching program has been transmitted Dated: May 25, 2011. Purpose of the Meeting: The purpose to OMB and transmitted to Congress James Manning, of this meeting is to allow along with a copy of the CMA, unless Chief of Staff, Federal Student Aid. Subcommittee members to hear directly OMB waives 10 days of this 40-day from natural gas stakeholders. [FR Doc. 2011–13414 Filed 5–26–11; 11:15 am] period for compelling reasons shown, in Tentative Agenda: The meeting will which case 30 days after transmission of BILLING CODE 4000–01–P start at 10 a.m. on June 1, 2011. The the report to OMB and Congress. The tentative meeting agenda includes matching program will continue for presentations from industry 18 months after the effective date of the DEPARTMENT OF ENERGY representative and environmental CMA and may be extended for an Secretary of Energy Advisory Board groups. From approximately 10 a.m. to additional 12 months thereafter, if the Natural Gas Subcommittee 12 p.m., the Subcommittee will hear conditions specified in 5 U.S.C. presentations from industry 552a(o)(2)(D) have been met. AGENCY: Department of Energy. representatives. From 1:30 p.m. to 3:30

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p.m., the Subcommittee will hear SUMMARY: This notice announces a Minutes: The minutes of this meeting presentations from the environmental teleconference meeting of the Biological will be available for public review and community. The second day of the and Environmental Research Advisory copying within 45 days at the BERAC meeting, June 2, 2011, will begin at Committee (BERAC). The Federal Web site: http://www.science.doe.gov/ 10 a.m. The tentative meeting agenda Advisory Committee Act (Pub. L. 92– ober/berac/Minutes.html. includes presentations from States from 463, 86 Stat. 770) requires that public Issued at Washington, DC, on May 25, 10 a.m. to 12 p.m. and 1 p.m. to 3:30 notice of these meetings be announced 2011. p.m. The meeting will conclude at in the Federal Register. LaTanya R. Butler, 4 p.m. both days. DATES: Friday, June 17, 2011, 1 p.m. to Acting Deputy Committee Management Public Participation: The meeting is 3 p.m. EDT. Officer. open to the public. Individuals who ADDRESSES: Participants may contact [FR Doc. 2011–13510 Filed 5–27–11; 8:45 am] would like to attend must RSVP to no Ms. Joanne Corcoran by email at BILLING CODE 6450–01–P later than 5 p.m. on Monday, May 30, [email protected] or by 2011, by e-mail to: phone (301) 903–6488 to receive a call- [email protected]. An early in number by June 15, 2011. Public DEPARTMENT OF ENERGY confirmation of attendance will help participation is welcomed; however, the facilitate access to the building more number of teleconference lines is Environmental Management Advisory quickly. Please provide your name, limited and available on a first come, Board Meeting organization, citizenship and contact first serve basis. information. Space is limited. Anyone AGENCY: Department of Energy. attending the meeting will be required FOR FURTHER INFORMATION CONTACT: Dr. ACTION: Notice of open meeting. to present government issued David Thomassen, Designated Federal identification. Individuals and Officer, BERAC, U.S. Department of SUMMARY: This notice announces a representatives of organizations who Energy, Office of Science, Office of meeting of the Environmental would like to offer comments and Biological and Environmental Research, Management Advisory Board (EMAB). suggestions may do so at the end of the SC–23/Germantown Building, 1000 The Federal Advisory Committee Act meeting on Wednesday, June 1, 2011 Independence Avenue, SW., (Pub. L. 92–463, 86 Stat. 770) requires and Thursday, June 2, 2011. Washington, DC 20585–1290. E-mail: that public notice of this meeting be Approximately 30 minutes will be [email protected] or announced in the Federal Register. reserved each day for public comments. phone (301) 903–9817. The most current DATES: Thursday, June 23, 2011, Time allotted per speaker will depend information concerning this meeting can 8:30 a.m.–5 p.m. on the number of individuals who wish be found on the Committee’s Web site: ADDRESSES: U.S. Department of Energy, to speak but will not exceed 5 minutes. http://www.science.doe.gov/ober/berac/ 1000 Independence Avenue, SW., The Designated Federal Officer is announce.html. Washington, DC 20585. empowered to conduct the meeting in a SUPPLEMENTARY INFORMATION: Purpose of FOR FURTHER INFORMATION CONTACT: fashion that will facilitate the orderly the Committee: To provide advice on a Kristen G. Ellis, Designated Federal conduct of business. Those wishing to continuing basis to the Director, Office Officer, EMAB (EM–42), U.S. speak should register to do so beginning of Science, on the many complex Department of Energy, 1000 at 9:30 a.m. on June 1, 2011. scientific and technical issues that arise Independence Avenue, SW., Those not able to attend the meeting in the development and implementation Washington, DC 20585. Phone (202) or have insufficient time to address the of the Biological and Environmental 586–5810; fax (202) 586–0293 or e-mail: committee are invited to send a written Research Program. [email protected]. statement to Renee Stone, U.S. Tentative Agenda Topic: SUPPLEMENTARY INFORMATION: Purpose of Department of Energy, 1000 • Discussion of existing policies and the Board: The purpose of EMAB is to Independence Avenue, SW., practices for disseminating research provide the Assistant Secretary for Washington DC 20585, by e-mail to: results in the fields relevant to the Environmental Management (EM) with [email protected]. Biological and Environmental Research advice and recommendations on This notice is being published less program. corporate issues confronting the EM than 15 days prior to the meeting date Public Participation: The program. EMAB contributes to the due to programmatic issues and teleconference meeting is open to the effective operation of the program by members’ availability. public. If you would like to file a providing individual citizens and Issued at Washington, DC on May 23, 2011. written statement with the Committee, representatives of interested groups an LaTanya Butler, you may do so either before or after the opportunity to present their views on Acting Deputy Committee Management meeting. If you would like to make oral issues facing EM and by helping to Officer. statements regarding the item on the secure consensus recommendations on [FR Doc. 2011–13298 Filed 5–27–11; 8:45 am] agenda, you should contact David those issues. BILLING CODE 6450–01–P Thomassen at the address or telephone Tentative Agenda Topics: number listed above. You must make • EM Program Update your request for an oral statement at • Budget Update DEPARTMENT OF ENERGY least five business days before the • EM Management Excellence meeting. Reasonable provision will be • EMAB Tank Waste Subcommittee Biological and Environmental made to include the scheduled oral Report update Research Advisory Committee statements on the agenda. The • EMAB Acquisition and Project AGENCY: Office of Science, Department Chairperson of the Committee will Management Subcommittee Report of Energy. conduct the meeting to facilitate the update orderly conduct of business. Public Public Participation: The meeting is ACTION: Notice of open teleconference comment will follow the 10-minute open to the public. Individuals who meeting. rule. would like to attend must RSVP to

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Kristen G. Ellis no later than 5 p.m. on DEPARTMENT OF ENERGY A copy of the comments should also Thursday, June 16, 2011, at be sent to: Federal Energy Regulatory [email protected]. An early Federal Energy Regulatory Commission, Secretary of the confirmation of attendance will help Commission Commission, 888 First Street, NE., facilitate access to the building more Washington, DC 20426. Comments may quickly. Please provide your name, [Docket No. IC11–725B–001] be filed either on paper or on CD/DVD, organization, citizenship and contact and should refer to Docket No. IC11– Commission Information Collection information. Space is limited. Entry to 725B–001. Documents must be prepared Activities (FERC–725B); Comment in an acceptable filing format and in the DOE Forrestal building will be Request; Submitted for OMB Review restricted to those who have confirmed compliance with Commission submission guidelines at http:// their attendance in advance. Anyone AGENCY: Federal Energy Regulatory www.ferc.gov/help/submission- attending the meeting will be required Commission, DOE. guide.asp. eFiling and eSubscription are to present government issued photo ACTION: Notice. not available for Docket No. IC11–725B– identification, such as a passport, 001, due to a system issue. driver’s license, or government SUMMARY: In compliance with the requirements of section 3507 of the All comments may be viewed, printed identification. EMAB welcomes the or downloaded remotely via the Internet attendance of the public at its advisory Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy through FERC’s homepage using the committee meetings and will make ‘‘eLibrary’’ link. For user assistance, every effort to accommodate persons Regulatory Commission (Commission or FERC) has submitted the information contact [email protected] or with physical disabilities or special collection described below to the Office toll-free at (866) 208–3676, or for TTY, needs. If you require special of Management and Budget (OMB) for contact (202) 502–8659. accommodations due to a disability, review of the information collection FOR FURTHER INFORMATION CONTACT: please contact Kristen G. Ellis at least requirements. Any interested person Ellen Brown may be reached by e-mail seven days in advance of the meeting at may file comments directly with OMB at [email protected], by the phone number or e-mail address and should address a copy of those telephone at (202) 502–8663, and by fax listed above. Written statements may be comments to the Commission as at (202) 273–0873. filed with the Board either before or explained below. The Commission SUPPLEMENTARY INFORMATION: The after the meeting. Individuals who wish published a Notice in the Federal information collected by the FERC– to make oral statements pertaining to Register (75 FR 65618, 10/26/2010) 725B, Reliability Standards for Critical the agenda should contact Kristen G. requesting public comments. In Infrastructure Protection (OMB Control Ellis at the address or telephone number addition, FERC published a notice in No. 1902–0248), is required to listed above. Requests must be received the Federal Register (76 FR 19333, 4/7/ implement the statutory provisions of five days prior to the meeting and 2011) indicating submission to OMB of section 215 of the Federal Power Act reasonable provision will be made to the information collection described (FPA) (16 U.S.C. 824o). On January 18, include the presentation in the agenda. below and that it had not received any 2008, the Commission issued Order No. The Designated Federal Officer is comments regarding the collection of 706, approving eight Critical empowered to conduct the meeting in a information thus far. Subsequently, Infrastructure Protection Reliability fashion that will facilitate the orderly FERC staff became aware of a comment Standards (CIP Standards) submitted by conduct of business. Time allotted for from the Transmission Agency of the North American Electric Reliability individuals wishing to make public Northern California (TANC) that had Corporation (NERC) for Commission approval.2 comments will depend on the number been submitted in a timely manner but internally was indexed incorrectly. On The CIP Standards require certain of individuals who wish to speak, but users, owners, and operators of the will not exceed five minutes. May 3, 2011 the Commission issued a notice extending the comment period 1 Bulk-Power System to comply with Minutes: Minutes will be available by (on the notice published April 7, 2011) specific requirements to safeguard writing or calling Kristen G. Ellis at the to June 23, 2011. The Commission is critical cyber assets.3 These standards address or phone number listed above. revising its submission to OMB to help protect the nation’s Bulk-Power Minutes will also be available at the reflect receipt of the comment. System against potential disruptions from cyber attacks.4 The CIP Standards following Web site: http:// DATES: Comments on the collection of include one actual reporting www.em.doe.gov/stakepages/ information are due by June 30, 2011. emabmeetings.aspx. requirement and several recordkeeping ADDRESSES: Address comments on the requirements. Specifically, CIP–008–1 Issued at Washington, DC, on May 25, collection of information to the Office of requires responsible entities to report 2011. Management and Budget, Office of cyber security incidents to the LaTanya R. Butler, Information and Regulatory Affairs, Electricity Sector-Information Sharing Acting Deputy Committee Management Attention: Federal Energy Regulatory and Analysis Center (ES–ISAC). In Officer. Commission Desk Officer. Comments to addition, the eight CIP Standards [FR Doc. 2011–13511 Filed 5–27–11; 8:45 am] OMB should be filed electronically, c/o [email protected] and 2 BILLING CODE 6450–01–P CIP–002–1, CIP–003–1, CIP–004–1, CIP–005–1, include OMB Control Number 1902– CIP–006–1, CIP–007–1, CIP–008–1, and CIP–009–1. 0248 for reference. The Desk Officer 3 In addition, in accordance with section may be reached by telephone at 202– 215(d)(5) of the FPA, the Commission proposed to direct NERC to develop modifications to the CIP 395–4638. Reliability Standards to address specific concerns identified by the Commission. 1 The previous comment period ending on June 4 For a description of the CIP Standards, see the 23rd will be extended to the date 30 days after Critical Infrastructure Protection Section on NERC’s publication of this revised notice in the Federal Web site at http://www.nerc.com/ Register as stated in the DATES section of this notice. page.php?cid=2\20.

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require responsible entities to develop during a compliance audit is accounted will have streamlined their processes to various policies, plans, programs, and for in the revised estimate. handle the data collection effort. FERC procedures.5 The differences between the first and estimates this should result in a The CIP Standards do not require a third categories of respondents is that, reduction of 50% of their effort. This responsible entity to report to the as an entity goes through multiple would result in a burden of Commission, ERO or Regional Entities, compliance audits, their processes approximately 1,920 hours. the various policies, plans, programs become streamlined and more Finally, for those entities that have and procedures. However, a showing of automated, which then becomes not identified Critical Cyber Assets but the documented policies, plans, reflected in a lessening of their burden. must still show compliance with CIP– programs and procedures is required to Other areas that cause the burden 003 R1 and CIP–002 R1 through R3 demonstrate compliance with the CIP numbers to fluctuate deal with the size (respondent category 2), FERC agrees Standards. of the company, the number of overall with TANC and now estimates that Public Comment and FERC Response: electric assets they have, the number of these entities must expend TANC stated that they believed that the critical assets and critical cyber assets approximately 120 hours or the Commission did not adequately address that they identify, etc. Therefore, the equivalent of 3 employees working 50% or articulate the burden that falls on total numbers currently used by FERC to of their time for 2 weeks. FERC believes companies in complying with the CIP calculate cost burden are considered the this is a reasonable estimate as the Standards and in particular, the hourly case for an average-sized company with majority of these entities are small and and cost burdens to comply with the an average number of Critical Assets therefore have fewer electrical assets to documentation required by the CIP and Critical Cyber Assets. It is expected examine in order to determine if they Standards. In looking at the that the actual burden experienced by have any Critical Assets, which is the commenter’s submittal, FERC has respondents may be higher or lower first stage of the CIP–002 process. decided to examine more carefully the than the Commission estimate, based on FERC has also reconsidered dividing burden calculations. Relying on OMB factors listed above. the burden hours by three to reflect the guidance in interpreting the Based on observations over several NERC audit schedule of 3–5 years and requirements of the Paperwork audit cycles, FERC now thinks that the is instead not dividing the burden hours Reduction Act of 1995, FERC has preparation of the audit paperwork for at all. This is due to the fact that a determined that its initial estimate of an entity undergoing their first company will have to be obtaining and cost burden was indeed lower than is compliance audit (respondent category maintaining the information necessary reasonable for the average respondent. 3) is approximately 3,840 hours. This for an audit on a consistent basis, and FERC maintains that the universe of represents 20 technical personnel not only during an audit that occurs respondents breaks down into three working 50% of their time over 8 weeks every 3–5 years. Therefore, the revised main categories: (1) Entities that have gathering and compiling all of the burden hours presented here represent identified Critical Cyber Assets and required paperwork to show the average annual burden hours per have undergone a previous audit; (2) compliance. In addition, a secondary respondent, including the spikes that Entities that have not identified Critical period that is 20% of the primary effort may result during an audit. Cyber Assets but must show compliance is estimated to be needed to respond Action: The Commission is requesting with CIP–003 R1 and CIP–002 R1 and gather information generated from a three-year extension of the existing through R3; and (3) New entities that questions arising from the initial collection with no changes to the have come into compliance with the CIP submission. requirements. Standards and undergoing their first Based on observations over several Burden Statement: The revised compliance audit. FERC’s revised audit cycles, FERC now thinks that the estimated annual burden is shown burden analysis is based on the average burden associated with ongoing below in accordance with the amount of time expended annually to compliance and preparation for future discussion above. The Commission has obtain or maintain the information audits (respondent category 1) is less developed estimates using data from necessary in the event of a compliance than entities coming into compliance for NERC’s compliance registry as well as a audit. The fact that the average company the first time (respondent category 3) as 2009 survey that was conducted by may experience a spike in the burden they are familiar with the audit NERC to assess the number of entities hours immediately proceeding and compliance process and presumably reporting Critical Cyber Assets.

Average Average number Number of number of Total annual Data collection 6 of burden hours respondents responses per 7 hours respondent per response

(1) (2) (3) (1) × (2) × (3)

FERC–725B: Category 1—Estimate of U.S. Entities that 345 ...... 1 1,920 ...... 662,400 have identified Critical Cyber Assets. Category 2—Estimate of U.S. Entities that 1,156 ...... 1 120 ...... 138,720 have not identified Critical Cyber Assets. Category 3—New U.S. Entities that have to 6 ...... 1 3,840 ...... 23,040 come into compliance with the CIP Stand- ards 8.

5 The October notice issued in this docket elibrary.ferc.gov/idmws/ of the standards can be found on NERC’s Web site contains more information on the reporting File_list.asp?document_id=13857625. The full text at http://www.nerc.com/page.php?cid=2\20. requirements and can be found at http://

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Average Number of number of Average number Total annual Data collection 6 of burden hours respondents responses per 7 hours respondent per response

(1) (2) (3) (1) × (2) × (3)

Entities no longer required to comply with Category 1: ¥2 ...... 1 Category 1 (2 respond- ¥3,840 CIP Standards (Two category 1 respond- ents): 1,920. ents and four category 2 respondents). Category 2: ¥4 ...... Category 2 (4 respond- ¥480 ents): 120.

Totals ...... 1,501 ...... 819,840

The total estimated annual cost based on hourly rates from the Bureau electronic, mechanical, or other burden to respondents is: of Labor Statistics (BLS) and the 2009 technological collection techniques or • Category 1, Entities that have Billing Rates and Practices Survey other forms of information technology, identified Critical Assets = 658,560 Report.10 The $15.25 rate for storage e.g. permitting electronic submission of (662,400¥3,840) hours @ $96 = costs for each entity is an estimate based responses. $63,221,760 on the average costs to service and store Dated: May 25, 2011. • Category 2, Entities that have not 1 GB of data to demonstrate compliance Kimberly D. Bose, identified Critical Assets = 138,240 with the CIP Standards.11 (138,720¥480) hours @ $96 = The reporting burden includes the Secretary. $13,271,040 total time, effort, or financial resources [FR Doc. 2011–13475 Filed 5–27–11; 8:45 am] • Category 3, New U.S. Entities that expended to generate, maintain, retain, BILLING CODE 6717–01–P have to comply with CIP Standards = disclose, or provide the information 23,040 hours @ $96 = $2,211,840 including: (1) Reviewing instructions; • Storage Costs for Entities that have (2) developing, acquiring, installing, and DEPARTMENT OF ENERGY identified Critical Assets 9 = 345 Entities utilizing technology and systems for the Federal Energy Regulatory @ $15.25 = $5,261 purposes of collecting, validating, • Commission Total Cost for the FERC–725B = verifying, processing, maintaining, $78,709,901 disclosing and providing information; [Project No. 2277–023] The hourly rate of $96 is the average (3) adjusting the existing ways to cost of legal services ($230 per hour), comply with any previously applicable Union Electric Company (dba Ameren technical employees ($40 per hour) and instructions and requirements; (4) Missouri); Notice of Scoping Meetings administrative support ($18 per hour), training personnel to respond to a and Environmental Site Review and collection of information; (5) searching Soliciting Scoping Comments 6 The NERC Compliance Registry as of 9/28/2010 data sources; (6) completing and Take notice that the following indicated that 2079 entities were registered for reviewing the collection of information; NERC’s compliance program. Of these, 2057 were hydroelectric application has been filed identified as being U.S. entities. Staff concluded and (7) transmitting, or otherwise with Commission and is available for that of the 2057 U.S. entities, only 1501 were disclosing the information. registered for at least one CIP-related function. public inspection: Comments are invited on: (1) Whether a. Type of Application: New Major According to an April 7, 2009, memo to industry, the proposed collection of information NERC’s VP and Chief Security Officer noted that License. only 31% of entities responded to an earlier survey is necessary for the proper performance b. Project No.: 2277–023. and reported that they had at least one Critical of the functions of the Commission, c. Date filed: June 24, 2008. Asset, and only 23% reported having a Critical including whether the information will d. Applicant: Union Electric Company Cyber Asset. Staff applied the 23% reporting to the have practical utility; (2) the accuracy of 1501 figure to obtain an estimate. The 6 new (dba Ameren Missouri). entities listed here are assumed to match a similar the agency’s estimates of the burden of e. Name of Project: Taum Sauk set of 6 entities that would drop out in an existing the proposed collection of information, Pumped Storage Project. year. Thus, the net estimate of respondents remains including the validity of the f. Location: On the East Fork of the at 1501 per year. methodology and assumptions used; (3) Black River, in Reynolds County, 7 Calculations: ways to enhance the quality, utility and Missouri. The project occupies no Respondent category 3: clarity of the information to be 20 employees × (working 50%) × (40 hrs/week) Federal lands. × (8 weeks) = 3200 hours collected; and (4) ways to minimize the g. Filed Pursuant to: Federal Power 20 employees × (working 20%) × (3200 hrs) = 640 burden of the collections of information Act, 16 U.S.C. 791(a)–825(r). hours on those who are to respond, including h. Applicant Contact: Michael O. Total = 3840 the use of appropriate automated, Lobbig, P.E., Managing Supervisor, Respondent category 2: Hydro Licensing, Ameren Missouri, × × × 3 employees (working 50%) (40 hrs/week) 10 Bureau of Labor Statistics figures were obtained 3700 S. Lindbergh Blvd., St. Louis, MO (2 weeks) = 120 hours from http://www.bls.gov/oes/current/naics2_ 63127; telephone 314–957–3427; e-mail Respondent category 1: 22.htm, and 2009 Billing Rates figures were 50% of 3840 hours = 1920 obtained from http://www.marylandlawyerblog. at [email protected]. 8 These respondents and those in the subsequent com/2009/07/average_hourly_rate_for_lawyer.html. i. FERC Contact: Janet Hutzel, column of the table (with the corresponding burden Legal services were based on the national average telephone (202) 502–8675, or by e-mail and cost figures) were not included in the 60-day billing rate (contracting out) from the above report at [email protected]. public notice due to an oversight by Commission and BLS hourly earnings (in-house personnel). It is j. Deadline for filing scoping staff. assumed that 25% of respondents have in-house 9 This cost category was not included in the 60- legal personnel. comments: July 23, 2011. day public notice due to an oversight by 11 Based on the aggregate cost of an IBM advanced All documents may be filed Commission staff. data protection server. electronically via the Internet. See 18

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CFR 385.2001(a)(1)(iii) and the You may also register online at shoes; no sandals or open-toed shoes are instructions on the Commission’s Web http://www.ferc.gov/docs-filing/ allowed. Smoking will not be allowed site http://www.ferc.gov/docs-filing/ esubscription.asp to be notified via on the site review, and firearms, knives, efiling.asp. Commenters can submit e-mail of new filings and issuances or weapons of any kind are not brief comments up to 6,000 characters, related to this or other pending projects. permitted on Ameren Missouri without prior registration, using the For assistance, contact FERC Online property. Please arrive 15 minutes early eComment system at http:// Support. to allow time for visitor badging at the www.ferc.gov/docs-filing/ n. Scoping Process main security gate. All participants ecomment.asp. You must include your The Commission intends to prepare must contact Mr. Michael Lobbig of name and contact information at the end an environmental assessment (EA) on Ameren Missouri at (314) 957–3427 or of your comments. For assistance, the project in accordance with the by e-mail at [email protected], by please contact FERC Online Support at National Environmental Policy Act. The June 9, 2011, to attend the [email protected] or toll EA will consider both site-specific and environmental site review. free at 1–866–208–3676, or for TTY, cumulative environmental impacts and At the scoping meetings, the staff will: (202) 502–8659. Although the reasonable alternatives to the proposed (1) Summarize the environmental issues Commission strongly encourages action. tentatively identified for analysis in the electronic filing, documents may also be Scoping Meetings EA; (2) solicit from the meeting paper-filed. To paper-file, mail an participants all available information, original and seven copies to: Kimberly Commission staff will conduct one especially quantifiable data, on the D. Bose, Secretary, Federal Energy agency scoping meeting and one public resources at issue; (3) encourage Regulatory Commission, 888 First meeting. The agency scoping meeting statements from experts and the public Street, NE., Washington, DC 20426. will focus on resource agency and non- on issues that should be analyzed in the The Commission’s Rules of Practice governmental organization concerns, EA, including viewpoints in opposition and Procedure require all interveners while the public scoping meeting is to, or in support of, the staff’s filing documents with the Commission primarily for public input. All preliminary views; (4) determine the to serve a copy of that document on interested individuals, organizations, resource issues to be addressed in the each person on the official service list and agencies are invited to attend one EA; and (5) identify those issues that for the project. Further, if an intervener or both of the meetings, and to assist the require a detailed analysis, as well as files comments or documents with the staff in identifying the scope of the those issues that do not require a Commission relating to the merits of an environmental issues that should be detailed analysis. issue that may affect the responsibilities analyzed in the EA. The times and of a particular resource agency, they locations of these meetings are as Procedures must also serve a copy of the document follows: The meetings are recorded by a on that resource agency. Agency Scoping Meeting stenographer and become part of the k. This application is not ready for formal record of the Commission environmental analysis at this time. Date and Time: Thursday, June 23, proceeding on the project. l. The existing Taum Sauk Pumped 2011, at 9 a.m. (CDT). Individuals, organizations, and Storage Project consists of: (1) A lower Location: LaCharette Conference Room, agencies with environmental expertise reservoir impounded by a concrete Lewis and Clark State Office and concerns are encouraged to attend gravity dam downstream of the Building, 1101 Riverside Drive, the meeting and to assist the staff in confluence of the East Fork Black River Jefferson City, MO. defining and clarifying the issues to be and Taum Sauk Creek; (2) an upper addressed in the EA. reservoir on the top of Proffit Mountain Public Scoping Meeting impounded by a rebuilt roller- Date and Time: Wednesday, June 22, Dated: May 23, 2011. compacted concrete dam; (3) vertical 2011 at 6 p.m. (CDT). Kimberly D. Bose, shaft, rock and concrete-lined tunnel Location: Lesterville R–IV School, Secretary. sections, and a penstock conduit; (4) a Cafeteria, 33415 Hwy. 21, [FR Doc. 2011–13316 Filed 5–27–11; 8:45 am] pump-generating plant with two Lesterville, MO. BILLING CODE 6717–01–P reversible pump units and two motor Copies of the Scoping Document generators with a total installed capacity (SD1) outlining the subject areas to be of 408 megawatts; (5) an excavated addressed in the EA were distributed to DEPARTMENT OF ENERGY tailrace and open channel to the lower the parties on the Commission’s mailing reservoir; (6) a 138-kilovolt switchyard/ list. Copies of the SD1 will be available Federal Energy Regulatory substation; (7) a gravel and at the scoping meeting or may be Commission sedimentation trap (bin wall) on the viewed on the Web at http:// [Docket No. CP11–485–000] East Fork of the Black River; and (8) www.ferc.gov using the ‘‘eLibrary’’ link associated ancillary equipment. (see item m above). Distrigas of Massachusetts LLC; m. A copy of the application is Notice of Application available for review at the Commission Environmental Site Review in the Public Reference Room or may be Ameren Missouri and Commission Take notice that on May 18, 2011, viewed on the Commission’s Web site at staff will conduct a project Distrigas of Massachusetts LLC http://www.ferc.gov using the ‘‘eLibrary’’ environmental site review on (DOMAC), 20 City Square, Suite 3, link. Enter the docket number excluding Wednesday, June 22, 2011, at 8 a.m. Charlestown, MA 02129, filed in Docket the last three digits in the docket CDT. All interested individuals, No. CP11–485–000, an application, number field to access the document. organizations, and agencies are invited pursuant to section 3 of the Natural Gas For assistance, contact FERC Online to attend. All participants will be Act (NGA), as amended, and Parts 153 Support. A copy is also available for required to sign their name and show a and 380 of the Commission’s inspection and reproduction at the government-issued, photo I.D. Regulations, for authority to construct, address in item h above. Participants must wear hard-soled install and operate a heating value and

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Wobbe Index reduction (HVWIR) system First Street, NE., Washington, DC 20426, at http://www.ferc.gov, using the at DOMAC’s liquefied natural gas (LNG) a motion to intervene in accordance ‘‘eLibrary’’ link and is available for terminal in Everett, Massachusetts, with the requirements of the review in the Commission’s Public (HVWIR Project), all as more fully set Commission’s Rules of Practice and Reference Room in Washington, DC. forth in the application, which is on file Procedure (18 CFR 385.214 or 385.211) There is an ‘‘eSubscription’’ link on the with the Commission and open to and the Regulations under the NGA (18 Web site that enables subscribers to public inspection. Specifically, DOMAC CFR 157.10). A person obtaining party receive e-mail notification when a proposes to alter the means by which it status will be placed on the service list document is added to a subscribed adjusts the heating value and Wobbe maintained by the Secretary of the docket(s). For assistance with any FERC Index of the regasified LNG it delivers Commission and will receive copies of Online service, please e-mail to interconnecting pipelines and is all documents filed by the applicant and [email protected], or call requesting authority to replace its by all other parties. A party must submit (866) 208–3676 (toll free). For TTY, call limited air injection system with a an original and 7 copies of filings made (202) 502–8659. liquid nitrogen system for all of its with the Commission and must mail a Comment Date: June 15, 2011. regasified LNG send-out. DOMAC copy to the applicant and to every other Dated: May 25, 2011. asserts the HVWIR Project will enable party in the proceeding. Only parties to DOMAC to maintain the flexibility to the proceeding can ask for court review Kimberly D. Bose, receive cargos to meet customer of Commission orders in the proceeding. Secretary. demand, to ensure delivery reliability, However, a person does not have to [FR Doc. 2011–13476 Filed 5–27–11; 8:45 am] and to comply with the specifications of intervene in order to have comments BILLING CODE 6717–01–P the FERC tariffs of interconnecting considered. The second way to pipelines. DOMAC proposes to participate is by filing with the commence operation of the HVWIR Secretary of the Commission, as soon as DEPARTMENT OF ENERGY system by October 1, 2012. possible, an original and two copies of Any questions concerning this comments in support of or in opposition Federal Energy Regulatory application may be directed to Carol to this project. The Commission will Commission Churchill, Manager, Communications, consider these comments in Combined Notice of Filings #1 Distrigas of Massachusetts, LLC, 20 City determining the appropriate action to be Square, Suite 3, Charlestown, MA taken, but the filing of a comment alone Take notice that the Commission 02129, at (617) 886–8759 or e-mail at will not serve to make the filer a party received the following electric corporate [email protected]; or to the proceeding. The Commission’s filings: Marc A. Silver, General Counsel, rules require that persons filing Docket Numbers: EC11–62–000. Distrigas of Massachusetts LLC, 20 City comments in opposition to the project Applicants: Evergreen Wind Power Square, Suite 3, Charlestown, MA provide copies of their protests only to III, LLC, Evergreen Gen Lead, LLC. 02129, at (617) 886–8763 or e-mail at the party or parties directly involved in Description: Supplemental Letter of [email protected]. the protest. Evergreen Wind Power III, LLC, and Pursuant to section 157.9 of the Persons who wish to comment only Evergreen Gen Lead. Commission’s rules, 18 CFR 157.9, on the environmental review of this Filed Date: 05/24/2011. within 90 days of the Notice the project should submit an original and Accession Number: 20110524–5092. Commission staff will either: complete two copies of their comments to the Comment Date: 5 p.m. Eastern Time its environmental assessment (EA) and Secretary of the Commission. on Tuesday, June 7, 2011. place it into the Commission’s public Environmental commentors will be Take notice that the Commission record (eLibrary) for this proceeding; or placed on the Commission’s received the following electric rate issue a Notice of Schedule for environmental mailing list, will receive filings: Environmental Review. If a Notice of copies of the environmental documents, Schedule for Environmental Review is and will be notified of meetings Docket Numbers: ER11–3081–000. issued, it will indicate, among other associated with the Commission’s Applicants: Florida Power & Light milestones, the anticipated date for the environmental review process. Company, NextEra Energy Duane Commission staff’s issuance of the final Environmental commentors will not be Arnold, LLC, NextEra Energy Point environmental impact statement (FEIS) required to serve copies of filed Beach, LLC, NextEra Energy SeaBrook, or EA for this proposal. The filing of the documents on all other parties. LLC.. EA in the Commission’s public record However, the non-party commentors Description: Response of NextEra for this proceeding or the issuance of a will not receive copies of all documents Nuclear Affiliates to the Data Request of Notice of Schedule for Environmental filed by other parties or issued by the Commission Staff. Review will serve to notify Federal and Commission (except for the mailing of Filed Date: 05/20/2011. State agencies of the timing for the environmental documents issued by the Accession Number: 20110520–5169. completion of all necessary reviews, and Commission) and will not have the right Comment Date: 5 p.m. Eastern Time the subsequent need to complete all to seek court review of the on Friday, June 10, 2011. Federal authorizations within 90 days of Commission’s final order. Docket Numbers: ER11–3192–001. issuance of the Commission staff’s FEIS The Commission strongly encourages Applicants: The Dayton Power and to EA. electronic filings of comments, protests Light Company. There are two ways to become and interventions in lieu of paper using Description: The Dayton Power and involved in the Commission’s review of the ‘‘eFiling’’ link at http://www.ferc.gov. Light Company submits tariff filing per this project. First, any person wishing to Persons unable to file electronically 35.37: FERC Electric Tariff, Volume No. obtain legal status by becoming a party should submit an original and 7 copies 10 to be effective 3/26/2011. to the proceedings for this project of the protest or intervention to the Filed Date: 05/24/2011. should, on or before the comment date Federal Energy regulatory Commission, Accession Number: 20110524–5101. stated below, file with the Federal 888 First Street, NE., Washington, DC Comment Date: 5 p.m. Eastern Time Energy Regulatory Commission, 888 20426. This filing is accessible on-line on Tuesday, June 14, 2011.

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Docket Numbers: ER11–3193–001. Applicants: California Independent facility. Intervention and/or protest do Applicants: The Dayton Power and System Operator Corporation. not lie in dockets that are qualifying Light Company. Description: California Independent facility self-certifications or self- Description: The Dayton Power and System Operator Corporation submits recertifications. Any person seeking to Light Company submits tariff filing per tariff filing per 35.13(a)(2)(iii) 2011–05– challenge such qualifying facility status 35.37: FERC Electric Tariff, Volume No. 24 Amended and Restated UDCOA may do so by filing a motion pursuant 6 to be effective 3/26/2011. between CAISO and Banning, to be to 18 CFR 292.207(d)(iii). Intervention Filed Date: 05/24/2011. effective 7/24/2011. and protests may be filed in response to Accession Number: 20110524–5105. Filed Date: 05/24/2011. notices of qualifying facility dockets Comment Date: 5 p.m. Eastern Time Accession Number: 20110524–5128. other than self-certifications and self- on Tuesday, June 14, 2011. Comment Date: 5 p.m. Eastern Time recertifications. Docket Numbers: ER11–3194–001. on Tuesday, June 14, 2011. The Commission encourages Applicants: DPL Energy, LLC. Docket Numbers: ER11–3634–000. electronic submission of protests and Description: DPL Energy, LLC. Applicants: KES Kingsburg, L.P. interventions in lieu of paper, using the submits tariff filing per 35.37: FERC Description: KES Kingsburg, L.P. FERC Online links at http:// Rate Schedule No. 1 to be effective 3/ submits tariff filing per 35.12: Baseline www.ferc.gov. To facilitate electronic 26/2011. New to be effective 8/1/2011. service, persons with Internet access Filed Date: 05/24/2011. Filed Date: 05/24/2011. who will eFile a document and/or be Accession Number: 20110524–5108. Accession Number: 20110524–5127. listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time must create and validate an on Tuesday, June 14, 2011. on Tuesday, June 14, 2011. eRegistration account using the Docket Numbers: ER11–3384–001. Take notice that the Commission eRegistration link. Select the eFiling Applicants: PJM Interconnection, received the following electric securities link to log on and submit the L.L.C. filings: intervention or protests. Description: PJM Interconnection, Docket Numbers: ES11–24–000. Persons unable to file electronically L.L.C. submits tariff filing per 35: Applicants: Upper Peninsula Power should submit an original and 14 copies Amendment to Compliance Filing Company. of the intervention or protest to the submitted in EL08–47–006 re-Docketed Description: Amendment to Upper Federal Energy Regulatory Commission, as ER11–3384 to be effective 4/16/2011. Peninsula Power Company’s 888 First St., NE., Washington, DC Filed Date: 05/24/2011. Application for Renewed Authorization 20426. Accession Number: 20110524–5126. to Issue Short-term Debt. The filings in the above proceedings Comment Date: 5 p.m. Eastern Time Filed Date: 05/24/2011. are accessible in the Commission’s on Tuesday, June 14, 2011. Accession Number: 20110524–5144. eLibrary system by clicking on the Docket Numbers: ER11–3630–000. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Applicants: Midwest Independent on Friday, June 3, 2011. are also available for review in the Transmission System Operator, Inc. Any person desiring to intervene or to Commission’s Public Reference Room in Description: Midwest Independent protest in any of the above proceedings Washington, DC. There is an Transmission System Operator, Inc. must file in accordance with Rules 211 eSubscription link on the Web site that submits tariff filing per 35.13(a)(2)(iii): and 214 of the Commission’s Rules of enables subscribers to receive email OVEC KK–1 Agreement to be effective Practice and Procedure (18 CFR 385.211 notification when a document is added 6/1/2011. and 385.214) on or before 5 p.m. Eastern to a subscribed docket(s). For assistance Filed Date: 05/24/2011. time on the specified comment date. It with any FERC Online service, please Accession Number: 20110524–5095. is not necessary to separately intervene email [email protected]. or Comment Date: 5 p.m. Eastern Time again in a subdocket related to a call (866) 208–3676 (toll free). For TTY, on Tuesday, June 14, 2011. compliance filing if you have previously call (202) 502–8659. Docket Numbers: ER11–3631–000. intervened in the same docket. Protests Dated: May 25, 2011. Applicants: Interstate Power and will be considered by the Commission Nathaniel J. Davis, Sr., Light Company. in determining the appropriate action to Deputy Secretary. Description: Interstate Power and be taken, but will not serve to make [FR Doc. 2011–13468 Filed 5–27–11; 8:45 am] Light Company submits tariff filing per protestants parties to the proceeding. BILLING CODE 6717–01–P 35: IPL RES–5 Baseline Tariff Anyone filing a motion to intervene or Compliance Filing to be effective 8/26/ protest must serve a copy of that 2010. document on the Applicant. In reference DEPARTMENT OF ENERGY Filed Date: 05/24/2011. to filings initiating a new proceeding, Accession Number: 20110524–5111. interventions or protests submitted on Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time or before the comment deadline need Commission on Tuesday, June 14, 2011. not be served on persons other than the Docket Numbers: ER11–3632–000. Applicant. [Docket No. RM98–1–000] Applicants: PacifiCorp. As it relates to any qualifying facility Records Governing Off-the Record Description: PacifiCorp submits tariff filings, the notices of self-certification Communications; Public Notice filing per 35.13(a)(2)(iii): CEP Funding [or self-recertification] listed above, do Long Term Conditional Firm PTP to be not institute a proceeding regarding This constitutes notice, in accordance effective 12/1/2013. qualifying facility status. A notice of with 18 CFR 385.2201(b), of the receipt Filed Date: 05/24/2011. self-certification [or self-recertification] of prohibited and exempt off-the-record Accession Number: 20110524–5123. simply provides notification that the communications. Comment Date: 5 p.m. Eastern Time entity making the filing has determined Order No. 607 (64 FR 51222, on Tuesday, June 14, 2011. the facility named in the notice meets September 22, 1999) requires Docket Numbers: ER11–3633–000. the applicable criteria to be a qualifying Commission decisional employees, who

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make or receive a prohibited or exempt respond to any facts or contentions CFR 1501.6, made under 18 CFR off-the-record communication relevant made in a prohibited off-the-record 385.2201(e)(1)(v). to the merits of a contested proceeding, communication, and may request that The following is a list of off-the- to deliver to the Secretary of the the Commission place the prohibited record communications recently Commission, a copy of the communication and responses thereto received by the Secretary of the communication, if written, or a in the decisional record. The Commission. The communications summary of the substance of any oral Commission will grant such a request listed are grouped by docket numbers in communication. only when it determines that fairness so ascending order. These filings are Prohibited communications are requires. Any person identified below as available for review at the Commission included in a public, non-decisional file having made a prohibited off-the-record in the Public Reference Room or may be associated with, but not a part of, the communication shall serve the viewed on the Commission’s Web site at decisional record of the proceeding. document on all parties listed on the http://www.ferc.gov using the eLibrary Unless the Commission determines that official service list for the applicable link. Enter the docket number, the prohibited communication and any proceeding in accordance with Rule excluding the last three digits, in the responses thereto should become a part 2010, 18 CFR 385.2010. docket number field to access the of the decisional record, the prohibited Exempt off-the-record document. For assistance, please contact off-the-record communication will not communications are included in the FERC, Online Support at be considered by the Commission in decisional record of the proceeding, [email protected] or toll reaching its decision. Parties to a unless the communication was with a free at (866) 208–3676, or for TTY, proceeding may seek the opportunity to cooperating agency as described by 40 contact (202) 502–8659.

Presenter or Docket No. File date requester

Prohibited: 1. Docket No. ER04–449–018 ...... 5–19–11 1 Connie Caldwell ER04–499–019. Exempt: 1. CP10–477–000 ...... 5–10–11 2 Gertrude F. Johnson 2. CP10–477–000 ...... 5–11–11 3 Gertrude F. Johnson 3. CP11–46–000 ...... 5–3–11 4 Kenneth Warn 4. CP11–46–000 ...... 5–12–11 5 Kenneth Warn 5. ER10–1791–000 ...... 5–9–11 Hon. Rick Snyder 1 Memorandum to File Attaching Informational Filing. 2 Record of e-mail correspondence. 3 Telephone record. 4 Record of phone conference call. 5 Record of phone conference call.

Dated: May 23, 2011. Gas Pipe Line, LLC (Transco) and would spend approximately $245,000 to Kimberly D. Bose, Florida Gas Transmission Company construct the proposed interconnection Secretary. (FGT) located in Jackson County, facilities. [FR Doc. 2011–13317 Filed 5–27–11; 8:45 am] Mississippi, under GLNG Pipeline’s Any questions concerning this BILLING CODE 6717–01–P blanket certificate issued in Docket No. application may be directed to Margaret CP06–14–000,1 all as more fully set G. Coffman, Counsel, Gulf LNG Pipeline forth in the application which is on file Company, LLC, Colonial Brookwood DEPARTMENT OF ENERGY with the Commission and open to the Center, 569 Brookwood Village, public for inspection. Birmingham, Alabama 35209, or via Federal Energy Regulatory GLNG Pipeline proposes to install telephone at (205) 325–7424 or e-mail at Commission approximately 120 feet of 24-inch [email protected]. diameter pipeline and certain check This filing is available for review at [Docket No. CP11–486–000 ] measurement equipment for a new the Commission or may be viewed on interconnection with Transco and FGT Gulf LNG Pipeline, LLC; Notice of the Commission’s Web site at http:// located at the terminus of the Request Under Blanket Authorization www.ferc.gov, using the ‘‘eLibrary’’ link. Pascagoula Expansion Project in Moss Enter the docket number excluding the Take notice that on May 18, 2011, Point, Jackson County, Mississippi. last three digits in the docket number Gulf LNG Pipeline, LLC (GLNG GLNG Pipeline states that the filed to access the document. For Pipeline), Colonial Brookwood Center, interconnection would allow GLNG assistance, please contact FERC Online 569 Brookwood Village, Birmingham, Pipeline to deliver and Transco and Support at FERCOnlineSupport@ Alabama 35209, filed in Docket No. FGT to receive up to 810,000 ferc.gov or call toll-free at (866) 206– CP11–486–000 an application, pursuant dekatherms per day of firm 3676, or, for TTY, contact (202) 502– to sections 157.205, 157.208, and transportation service. GLNG further 8659. Comments, protests and 157.212 of the Commission’s states that there would be no change in interventions may be filed electronically Regulations under the Natural Gas Act GLNG Pipeline’s daily design capacity via the Internet in lieu of paper. See, 18 (NGA), as amended, for authority to or daily operating pressure as a result of CFR 385.2001(a)(1)(iii) and the construct, own, and operate 120 feet of constructing the proposed facilities. instructions on the Commission’s Web 24-inch diameter pipeline and certain Finally, GLNG Pipeline states that it site under the ‘‘e-Filing’’ link. The check measurement equipment for an Commission strongly encourages interconnection with Transcontinental 1 118 FERC ¶ 61,128 (2007). intervenors to file electronically.

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Any person or the Commission’s staff Mail: Water Docket, EPA Docket materials are available either may, within 60 days after issuance of Center, Environmental Protection electronically in http:// the instant notice by the Commission, Agency, Mailcode: 2822T, 1200 www.regulations.gov or in hard copy at file pursuant to Rule 214 of the Pennsylvania Ave., NW., Room 3334, the Docket, EPA/DC, EPA West, Room Commission’s Procedural Rules (18 CFR Washington, DC 20460, 3334, 1301 Constitution Ave., NW., 385.214) a motion to intervene or notice Hand Delivery: Water Docket, EPA Washington, DC. The Public Reading of intervention and pursuant to section Docket Center, Environmental Room is open from 8:30 a.m. to 4:30 157.205 of the regulations under the Protection Agency, Mailcode: 2822T, p.m., Monday through Friday, excluding NGA (18 CFR 157.205), a protest to the 1200 Pennsylvania Ave., NW., Room legal holidays. The telephone number request. If no protest is filed within the 3334, Washington, DC 20460. Such for the Public Reading Room is (202) time allowed therefore, the proposed deliveries are only accepted during the 566–1744. activity shall be deemed to be Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: authorized effective the day after the special arrangements should be made Gregory Colianni, Ocean and Coastal time allowed for filing a protest. If a for deliveries of boxed information. Protection Division, Office of Water, protest is filed and not withdrawn Instructions: Direct your comments to 4504T, U.S. Environmental Protection Docket ID No. EPA–EPA–HQ–OW– within 30 days after the allowed time Agency, 1200 Pennsylvania Avenue, 2007–0019. EPA’s policy is that all for filing a protest, the instant request NW., Washington, DC 20460, telephone comments received will be included in shall be treated as an application for number: 202–566–1249; fax number: the public docket without change and authorization pursuant to section 7 of 202–566–1336; email address: may be made available online at the NGA. [email protected] or Virginia http://www.regulations.gov, including Engle, Gulf Ecology Division, Office of Dated: May 24, 2011. any personal information provided, Research and Development, Kimberly D. Bose, unless the comment includes Environmental Protection Agency, Secretary. information claimed to be Confidential 1 Sabine Island Drive, Gulf Breeze, [FR Doc. 2011–13473 Filed 5–27–11; 8:45 am] Business Information (CBI) or other Florida 32561; telephone number: (850) BILLING CODE 6717–01–P information whose disclosure is restricted by statute. Do not submit 934–9354; fax number: (850) 934–9201; information that you consider to be CBI email address: [email protected]. SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION or otherwise protected through http:// AGENCY www.regulations.gov. I. General Information The http://www.regulations.gov [EPA–HQ–OW–2007–0119; FRL–9313–2] website is an ‘‘anonymous access’’ This report is designed to help us system, which means EPA will not better understand the condition of the Draft National Coastal Condition know your identity or contact nation’s coastal waters, whether that Report IV information unless you provide it in the condition is getting better or worse, and body of your comment. If you send an how different regions compare. This AGENCY: Environmental Protection report, however, cannot represent all Agency (EPA). e-mail comment directly to EPA without going through http:// individual coastal and estuarine systems ACTION: Notice of availability and www.regulations.gov your e-mail of the U.S. and is based on a limited request for comments. address will be automatically captured number of ecological indices and and included as part of the comment component indicators for which SUMMARY: This Notice invites public nationally consistent data sets are comment on the draft National Coastal that is placed in the public docket and made available on the Internet. If you available to support estimates of Condition Report IV (NCCR IV), which ecological condition. The assessments describes the condition of the Nation’s submit an electronic comment, EPA recommends that you include your provided in this report, and more coastal waters. Clean coastal waters name and other contact information in importantly, the underlying data used to provide environmental, public health, the body of your comment and with any develop the assessments, provides a recreational, and economic value; disk or CD–ROM you submit. If EPA picture of historical coastal conditions however, these waters are vulnerable to cannot read your comment due to at state, regional, and national scales. pollution and other stressors from a technical difficulties and cannot contact For example, the National Coastal variety of sources. According to the you for clarification, EPA may not be Assessment (NCA) data have been used draft NCCR IV, the overall condition of able to consider your comment. to provide insight into the conditions in the Nation’s coastal waters continues to Electronic files should avoid the use of the estuaries of Louisiana and be fair, with marginal improvement special characters, any form of Mississippi prior to Hurricane Katrina. from EPA’s 2008 National Coastal encryption, and be free of any defects or These data may also be used, along with Condition Report III. EPA expects that viruses. For additional information data and studies by others, to help us this Report on the condition of coastal about EPA’s public docket visit the EPA understand conditions in Gulf of waters will increase public awareness Docket Center homepage at http:// Mexico estuaries prior to the Deepwater about the extent and seriousness of www.epa.gov/epahome/dockets.htm. Horizon incident and subsequent BP oil pollution in these waters and will Docket: All documents in the docket spill. However, the methodology and support more informed decisions are listed in the http:// data used in this report were not concerning protection of this resource. www.regulations.gov index. Although designed to assess all impacts related to DATES: Comments must be received on listed in the index, some information is oil spills as an ecological stressor. This or before August 1, 2011. not publicly available, e.g., CBI or other report does not include, for example, ADDRESSES: Submit your comments, information whose disclosure is indicators for all oil-related identified by Docket ID No. [EPA–EPA– restricted by statute. Certain other contaminants such as oil itself, grease, HQ–OW–2007–0019], by one of the material, such as copyrighted material, alkylated PAHs, or volatile organic following methods: will be publicly available only in hard compounds, dispersant compounds, or Email: [email protected], copy. Publicly available docket other indicators of oil spill-related

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exposure that might be required in a through 2006. This Report serves as a environmental and infrastructure issues comprehensive environmental useful tool for analyzing the progress of and needs within the States contiguous assessment. Any comparisons to coastal programs implemented since the to Mexico in order to improve the environmental data collected to assess first Report and as a ‘‘benchmark’’ for quality of life of persons residing on the the impact of the BP oil spill on Gulf of future comparisons and therefore allows United States side of the border. The Mexico estuaries should be limited to for the analysis of trends in condition statute calls for the Board to have the indicators and methods presented in over time. representatives from U.S. Government this report, and to broad generalizations The information presented in the agencies; the states of Arizona, about coastal conditions at state, NCCR IV is more streamlined than the California, New Mexico and Texas; and regional or national scales. NCCR III, with a greater focus on NCA Tribal and private organizations with Nevertheless, in light of the 2010 BP indicators rather than highlights of other experience in environmental and oil spill in the Gulf of Mexico, EPA coastal programs. In addition to infrastructure issues along the U.S.- recognizes that some may wish to use expanded NCA geographic coverage, the Mexico border. the 2003–2006 data presented in the NCCR IV also includes several new draft NCCR IV as a basis for comparison sections: Summaries of offshore ocean The purpose of the meeting is to of ecological conditions in Gulf of condition for three areas (Mid-Atlantic discuss the Board’s 14th report, which Mexico coastal waters following the oil Bight, South Atlantic Bight, and the will focus on the environmental and spill. EPA seeks comments from the West Coast) and comparisons of these economic benefits of renewable energy scientific community on the utility and waters with near-shore condition, trends development in the border region. A limitations of the information presented in regional beach closures, a Great Lakes copy of the meeting agenda will be in the draft NCCR IV for this type of fisheries section, and a chapter on posted at http://www.epa.gov/ocem/ impact analysis. emerging coastal issues. gneb. The National Coastal Condition The Draft National Coastal Condition DATES: The Good Neighbor Reports represent collaboration among Report IV is also undergoing an external Environmental Board will hold an open EPA (Office of Water (OW) and Office of peer review led by EPA’s Office of meeting on Thursday, June 16, from Research and Development (ORD)), the Research and Development. The peer 8:30 a.m. (registration at 8 a.m.) to 6 National Oceanic and Atmospheric review plan, including the peer review p.m. The following day, June 17, the Administration (NOAA) and the U.S. charge questions, is available upon Fish and Wildlife Services (USFWS), request by contacting Virginia Houk at: Board will meet from 8 a.m. until 2 p.m. and coastal state agencies. The first [email protected]. ADDRESSES: The meeting will be held at National Coastal Condition Report The draft document can be found on the US Grant Hotel, 326 Broadway, San published in 2001 in partnership with the Web at: Diego, CA 92101, phone number: 619/ NOAA, USFWS, U.S. Geological Survey http://nccr4.rti.org/ (USGS), and U.S. Department of 232–3121. The meeting is open to the Username = nccr4 public, with limited seating on a first- Agriculture (USDA) included some data Password = Coastal10! from about 70% of the U.S. coastal come, first-served basis. Dated: May 20, 2011. waters. Based upon available data from FOR FURTHER INFORMATION CONTACT: 1990–1996, the Report concluded that Nancy K. Stoner, Mark Joyce, Acting Designated Federal the Nation’s coastal waters were in fair Acting Assistant Administrator for Water. Officer, [email protected], 202–564– condition. The second National Coastal [FR Doc. 2011–13400 Filed 5–27–11; 8:45 am] 2130, U.S. EPA, Office of Federal Condition Report, released in 2005, BILLING CODE 6560–50–P Advisory Committee Management and included some data from all of the Outreach (1601M), 1200 Pennsylvania Nation’s coastal waters in the Avenue NW., Washington, DC 20460. conterminous 48 states and Puerto Rico, ENVIRONMENTAL PROTECTION and concluded that these waters AGENCY SUPPLEMENTARY INFORMATION: If you continued to be in fair condition. The wish to make oral comments or submit [FRL–9313–6] third National Coastal Condition Report, written comments to the Board, please released in 2008, built upon the Good Neighbor Environmental Board contact Mark Joyce at least five days previous reports and provided prior to the meeting. assessments based on data collected AGENCY: Environmental Protection General Information: Additional from 2001 to 2003. The third Report Agency (EPA). information concerning the GNEB can similarly concluded that the overall ACTION: Notice of meeting. be found on its Web site at http:// condition of the Nation’s coastal waters www.epa.gov/ocem/gneb. was fair. According to the draft NCCR SUMMARY: Under the Federal Advisory IV, the overall condition of the Nation’s Committee Act, Public Law 92463, EPA Meeting Access: For information on coastal waters continues to be fair, with gives notice of a meeting of the Good access or services for individuals with marginal improvement from EPA’s 2008 Neighbor Environmental Board (Board). disabilities, please contact Mark Joyce at National Coastal Condition Report III. The Board usually meets three times 202–564–2130 or by e-mail at With each successive report the each calendar year, twice at different [email protected]. To request geographic scope of NCA coverage has locations along the U.S. border with accommodation of a disability, please expanded. This fourth edition of the Mexico, and once in Washington, DC. It contact Mark Joyce at least 10 days prior NCCR includes for the first time an was created in 1992 by the Enterprise to the meeting to give EPA as much time assessment of estuarine condition in for the Americas Initiative Act, Public as possible to process your request. American Samoa, Guam, and the U.S. Law 102–532, 7 U.S.C. Section 5404. Dated: May 23, 2011. Virgin Islands along with updated Implementing authority was delegated assessment of coastal waters of the to the Administrator of EPA under Mark Joyce, conterminous U.S., Alaska, Hawaii, and Executive Order 12916. The Board is Acting Designated Federal Officer. Puerto Rico. The NCCR IV data were responsible for providing advice to the [FR Doc. 2011–13406 Filed 5–27–11; 8:45 am] collected from 3,144 sites from 2003 President and the Congress on BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION under the ‘‘Federal Register’’ listings at Underlying the risk models is a large AGENCY http://www.epa.gov/fedrgstr/. body of epidemiological and radiobiological data. In general, results II. Background [EPA–HQ–OAR–2011–0436; FRL–9313–4] from both lines of research are The U.S. Environmental Protection consistent with a linear, no-threshold EPA Radiogenic Cancer Risk Models Agency develops estimates of risk from dose (LNT) response model in which and Projections for the U.S. Population low-level ionizing radiation as part of its the risk of inducing a cancer in an (Blue Book) responsibilities for regulating irradiated tissue by low doses of environmental exposures and in its role radiation is proportional to the dose to AGENCY: Environmental Protection of providing Federal Guidance on that tissue. The BEIR VII Committee Agency (EPA). radiation protection. unequivocally recommended continuing ACTION: Notice. The EPA Radiogenic Cancer Risk adherence to the LNT approach. EPA Models and Projections for the U.S. also finds strong scientific support for SUMMARY: This document announces the Population, also known as the Blue LNT, while acknowledging that new availability of U.S. Environmental Book, is a revision to EPA’s research might conceivably lead to Protection Agency’s (EPA) updated EPA methodology for estimating radiogenic revisions in the future. Radiogenic Cancer Risk Models and cancer risks. These updates are based on The most important source of data on Projections for the U.S. Population (EPA the National Research Council’s latest radiogenic health effects is a long-term 402–R–11–001, April 2011), also known report on Biological Effects of Ionizing epidemiological study of Japanese as the Blue Book, which provides Radiation (BEIR VII) as well as other atomic bomb survivors, who received an radiation risk assessment methodology. updated science. essentially instantaneously delivered EPA will use the scientific information The Blue Book uses the best science dose of radiation, mostly in the form of on radiation risks provided in the Blue available to calculate cancer risk g-rays. This study has important Book, together with information from estimates separately by age at exposure, strengths, including: An exposure other sources, when considering sex, and potentially affected organ. which can be pinpointed in time; a potential modifications and updates to More specifically, the Blue Book large, relatively healthy exposed radiation protection rules and guidance. presents new EPA estimates of cancer population encompassing both genders FOR FURTHER INFORMATION CONTACT: incidence and mortality risk coefficients and all ages; a wide range of radiation David Pawel, Radiation Protection pertaining to low dose exposures to doses to all organs of the body, which Division (6608J), Environmental ionizing radiation for the U.S. can be estimated reasonably accurately; Protection Agency, 1200 Pennsylvania population, as well as their scientific and detailed epidemiological follow-up Ave., NW., Washington DC 20460; basis. (Risk here refers to the probability for about 50 years. The precision of the telephone number: 202–343–9202; fax of a health effect, i.e., a cancer or a derived risk estimates is higher than all number: 202–343–2302; e-mail address: cancer death; a risk coefficient refers to other studies for most cancer types. [email protected]. the risk per unit dose of ionizing Nevertheless uncertainties in the risk radiation.) SUPPLEMENTARY INFORMATION: estimates are often quite large for The Blue Book has undergone an specific cancers, and the uncertainties I. General Information extensive peer review process. It takes are even larger if one focuses on a into account recommendations made by A. How can i get copies of this specific gender, age at exposure, or time the Agency’s Science Advisory Board document and other related after exposure. Calculating radiogenic (SAB), which completed its review in information? risks is further complicated because January 2010. For the Blue Book review, radiogenic risks may be different for the 1. Docket. EPA has established a the SAB relied on advice from its U.S. population than for the Japanese A- docket for this action under Docket ID Radiation Advisory Committee—a panel bomb survivors. Such differences may No. EPA–HQ–OAR–2011–0436; FRL– of non-EPA scientists, who are chosen be due to genetic or environmental 9313–4]. Publicly available docket for their objectivity, integrity, and factors, e.g., radiogenic lung cancer risks materials are available either expertise in radiation science and likely depend on patterns of tobacco electronically through http:// protection. use. www.regulations.gov or in hard copy at As in BEIR VII, models in the Blue In addition to the Japanese Life Span the Air and Radiation Docket in the EPA Book are provided which describe how Study (LSS), other epidemiological Docket Center, (EPA/DC) EPA West, radiogenic cancer risks depend on such studies provide important information Room 3334, 1301 Constitution Ave., factors as: (1) When a person is exposed, about radiogenic cancer risks. These NW., Washington, DC. The EPA Docket (2) at what age a person might get include studies of medically irradiated Center Public Reading Room is open cancer, (3) sex, (4) and the type of patients and groups receiving from 8:30 a.m. to 4:30 p.m., Monday cancer. Estimates of cancer risk are occupational or environmental through Friday, excluding legal based on these models. However, a exposures. For thyroid and breast holidays. The telephone number for the number of extensions and modifications cancers, risk estimates are based on data Public Reading Room is (202) 566–1744, to the BEIR VII models have been from both the A-bomb survivors and and the telephone number for the Air implemented. Most notably, the Blue medically irradiated cohorts. While and Radiation Docket is (202) 566–1742. Book provides: (1) Risk estimates for a- studies on populations exposed As provided in EPA’s regulations at 40 particles which were not addressed in occupationally or environmentally have, CFR Part 2, and in accordance with BEIR VII; (2) risk estimates for some so far, been of limited use in quantifying normal EPA docket procedures, if types of cancer that were not considered radiation risks, they can provide copies of any docket materials are in BEIR VII: basal cell carcinomas, valuable insight into the risks from requested, a reasonable fee may be kidney cancer, bone sarcomas, and also chronic exposures. charged for photocopying. cancers from prenatal exposures, and (3) Summary risk coefficients are 2. Electronic Access. You may access a more thorough analysis of provided for the U.S. population, which this Federal Register document uncertainties associated with the can be used to calculate average risks for electronically through the EPA Internet radiogenic risk estimates. persons exposed throughout life to a

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constant dose rate. The average lifetime ENVIRONMENTAL PROTECTION Management has concurred on this dose from natural background radiation AGENCY decision to make an exception to Section 1605 of ARRA. This action (not including radon) is about 75 mGy. [FRL –9303–7] Using the summary risk coefficients in permits the City to purchase nine the Blue Book, this corresponds to about Notice of a Regional Project Waiver of submerged membrane units 87 out of 10,000 people in the U.S. who Section 1605 (Buy American) of the manufactured by Kubota, for the would get cancer from natural American Recovery and Reinvestment proposed project being implemented by background radiation, with 44 out of the Act of 2009 (ARRA) to the City of the City of Marathon, Florida. 87 resulting in death. Radiogenic risks Marathon, FL DATES: Effective Date: May 31, 2011. (per unit dose) are substantially larger FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection Cynthia Y. Edwards, Project Officer, for childhood than adult exposures, and Agency (EPA). tend to be larger for females than males. Grants and SRF Section, Water ACTION: Notice. Risks per unit dose are larger for breast, Protection Division (WPD), (404) 562– lung and colon cancers than for most SUMMARY: The EPA is hereby granting a 9340, USEPA Region 4, 61 Forsyth St., other cancer sites. project waiver of the Buy American SW., Atlanta, GA 30303. SUPPLEMENTARY INFORMATION: In For both males and females, the requirements of ARRA Section 1605 accordance with ARRA Section 1605(c), estimated risk for cancer incidence (for under the authority of Section 1605(b) (2) [manufactured goods are not the EPA hereby provides notice that it all cancers combined) increased by produced in the United States in is granting a project waiver of the about 35% from EPA’s previous sufficient and reasonably available requirements of Sections 1605(a) of estimates published in Federal quantities and of a satisfactory quality] Public Law 111–5, Buy American Guidance Report 13 (FGR–13). However, to the City of Marathon, Florida for the requirements, to the City of Marathon, for some individual cancer sites, relative purchase of nine submerged membrane Florida, for the purchase of nine changes in cancer incidence are more units (SMUs), as part of an overall submerged membrane units, than two-fold. In general, the new EPA membrane bioreactor system (MBR), manufactured by Kubota of Japan. mortality estimates do not differ greatly from Kubota Corporation in Japan. The Section 1605 of the ARRA requires from those in FGR–13; remarkably, for submerged membrane unit is a specialty that none of the appropriated funds may all sites combined, the estimates for product for this project. The membrane be used for the construction, alteration, mortality changed by less than 2% for bioreactor system for which this SMU maintenance, or repair of a public both males and females. will be used is an advanced wastewater building or public work unless all of the Aside from the case of radon (which treatment process, which is designed to iron, steel, and manufactured goods used in the project are produced in the is not in the scope of this report), meet the high quality effluent requirements of the waste load United States, or unless a waiver is human data on risks from a-particles are allocation, under the National Pollutant provided to the recipient by the head of much more limited than for most other Discharge Elimination System (NPDES) the appropriate agency, here the EPA. A types of radiation. For most cancer permit. Additionally, the City of waiver may be provided if EPA types, results from laboratory Marathon facility has specific technical determines that (1) applying these experiments indicate that the risk per design requirements for the installation requirements would be inconsistent unit dose may be about 20 times greater of the SMUs with the membrane with the public interest; (2) iron, steel, for a-particles than for g-rays. Thus, risk bioreactor treatment process, including and the relevant manufactured goods coefficients for a-particles (for most tankage footprint, geometry, and are not produced in the United States in cancers) are derived by multiplying the configuration. Only the Kubota sufficient and reasonably available corresponding risk coefficients for g-rays Corporation product meets all these quantities and of a satisfactory quality; by a factor of 20. requirements. The City stated that there or (3) inclusion of iron, steel, and the EPA will use the scientific are no apparent domestic manufactured relevant manufactured goods produced information on radiation risks provided submerged membrane units with the in the United States will increase the in the Blue Book, together with design specifications as required for this cost of the overall project by more than information from other sources, when project. This is a project specific waiver 25 percent. and only applies to the use of the The City has requested a waiver from considering potential modifications and specified product for the ARRA project the Buy American Provision for the updates to radiation protection rules being approved. Waivers for these types purchase of nine submerged membrane and guidance. The complete Blue Book, of products and components have units, a specialty product for this EPA Radiogenic Cancer Risk Models already been published in the Federal project. The membrane bioreactor and Projections for the U.S. Population Register, however, any other ARRA system for which this SMU will be used (EPA 402–R–11–001, April 2011), can recipient that wishes to use the same is an advanced wastewater treatment be accessed at http://epa.gov/radiation/ product must apply for a separate process, which is designed to meet the assessment/blue-book/index.html. waiver based on project specific high quality effluent requirements of the Dated: May 24, 2011. circumstances. Based on the review of waste load allocation, under the NPDES Michael P. Flynn, the information provided, EPA has permit. The Marathon Area 5 Waste concluded that a waiver of the Buy Water Treatment Plant (WWTP) Director, Office of Radiation and Indoor Air. American provisions is justified. The Upgrade Project is a retrofit of an [FR Doc. 2011–13395 Filed 5–27–11; 8:45 am] Regional Administrator is making this existing WWTP that will allow it to BILLING CODE 6560–50–P determination based on the review and meet additional flow demands recommendation of the EPA Region 4, generated by Area 5. There is no Water Protection Division, Grants and additional land available for the Infrastructure Branch. The Assistant expansion of the WWTP. Therefore, it is Administrator of the Office of necessary to use membrane technology Administration and Resources to increase capacity without expanding

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the project site. The membrane Reinvestment Act of 2009,’’ defines a waiver from the Buy American modules, as manufactured by Kubota of ‘‘satisfactory quality’’ as ‘‘the quality of requirements of Section 1605(a) of Japan, are specified for this technology. steel, iron or manufactured goods Public Law 111–5 for the purchase of EPA has determined that the City’s specified in the project plans and nine submerged membrane units as waiver request may be treated as timely designs.’’ specified in the City’s request of even though the request was made after EPA’s national contractor prepared a December 3, 2010 with supplemental the construction contract was signed. technical assessment report dated information provided on December 6, Consistent with the direction of the December 27, 2010 based on the 2010. This supplemental information OMB Guidance at 2 CFR 176.120, EPA submitted waiver request. The report constitutes the detailed written has evaluated the City’s request to stated that the waiver request submittal justification required by Section 1605(c) determine if the request constitutes a was complete, that adequate technical for waivers ‘‘based on a finding under late request. EPA will generally regard information was provided, and a waiver subsection 9b.’’ requirements of Section waiver requests with respect to was supported by the available 1605(a) of Public Law 111–5. components that were specified in the evidence. The purpose of the ARRA Authority: Pub. L. 111–5, section 1605. bid solicitation or in a general/primary provisions is to stimulate economic construction contract as ‘‘late’’ if recovery by funding current Dated: April 5, 2011. submitted after the contract date. infrastructure construction, not to delay A. Stanley Meiburg, However, in this case EPA has projects that are already shovel ready by Acting, Regional Administrator, Region 4. determined that the City’s request, requiring entities, like the City, to revise [FR Doc. 2011–13401 Filed 5–27–11; 8:45 am] though made after the date that the their design and potentially choose a BILLING CODE 6560–50–P contract was signed, can be evaluated as more costly and less efficient project. timely because the need for a waiver The imposition of ARRA Buy American was not reasonably foreseeable. The requirements on such projects would Area 5 Wastewater Treatment Plant result in unreasonable delay and thus FEDERAL COMMUNICATIONS project initially began design in October displace the ‘‘shovel ready’’ status for COMMISSION of 2008, prior to ARRA funding. After this project. To further delay the preliminary design was completed, construction is in direct conflict with Information Collections Being it was determined that the plant site the most fundamental economic Submitted for Review and Approval to could not be extended as was previously purposes of ARRA: To create or retain the Office of Management and Budget planned. The design approach was jobs. AGENCY: changed from SBR technology to The Region 4 Grants and Federal Communications membrane technology due to the limited Infrastructure Branch has reviewed this Commission. space available. It was discovered waiver request and has determined that ACTION: Notice and request for during final design in July of 2010 that the supporting documentation provided comments. similar membranes on the market would by the City is sufficient to meet the SUMMARY: The Federal Communications also need a waiver, as they were also criteria listed under ARRA Section manufactured outside of the United 1605(b), OMB’s regulation at 2 CFR Commission, as part of its continuing States. The project specifications, 176.100, and the aforementioned EPA effort to reduce paperwork burden including performance criteria, Headquarters Memorandum of April 28, invites the general public and other certification criteria, and design criteria, 2009. ARRA Section 1605(b)(2) permits Federal agencies to take this require that the SMU be a Kubota EK– a waiver if ‘‘Iron, steel, and opportunity to comment on the 400 type unit that will be a part of a manufactured goods are not produced in following information collection(s), as MBR system provided by Enviroquip/ the United States in sufficient and required by the Paperwork Reduction Ovivo. reasonably available quantities and of a Act (PRA) of 1995. Comments are EPA technical reviews for similar satisfactory quality.’’ This waiver requested concerning: (a) Whether the ARRA waiver requests found other request meets this criterion and is proposed collection of information is manufacturers of submerged membrane justified. necessary for the proper performance of filtration systems including Dynatec, The March 31, 2009, Delegation of the functions of the Commission, Veolia/Kruger, GE Water Technologies, Authority Memorandum provided including whether the information shall Norit, Pall, Siemens, Toray, and Koch. Regional Administrators with the have practical utility; (b) the accuracy of All manufacturers confirmed that their authority to issue exceptions to Section the Commission’s burden estimate; (c) membrane units were obtained outside 1605 of ARRA within the geographic ways to enhance the quality, utility, and the U.S. The technical reviews did not boundaries of their respective regions clarity of the information collected; (d) find a membrane unit manufactured in and with respect to requests by ways to minimize the burden of the the U.S. The City of Marathon individual grant recipients. collection of information on the considered Aqua-Aerobic and Zenon Having established both a proper respondents, including the use of technologies, and found that these basis to specify the particular good automated collection techniques or products are also made outside the U.S. required for this project, and that other forms of information technology; EPA and the City’s submissions clearly application of the Buy American and (e) ways to further reduce the have provided sufficient documentation requirements would be inconsistent information collection burden for small that the relevant manufactured goods with the public interest, the City of business concerns with fewer than 25 are not produced in the United States in Marathon is hereby granted a waiver employees. sufficient and reasonably available from the Buy American requirements. The FCC may not conduct or sponsor quantity and of a satisfactory quality to Having established both a proper basis a collection of information unless it meet its technical specifications. to specify the particular good required displays a currently valid control The April 28, 2009 EPA Headquarters for this project, and that this number. No person shall be subject to Memorandum, ‘‘Implementation of Buy manufactured good was not available any penalty for failing to comply with American provisions of Public Law from a producer in the United States, a collection of information subject to the 111–5, the American Recovery and The City of Marathon, Florida is granted Paperwork Reduction Act (PRA) that

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does not display a currently valid OMB Obligation to Respond: Required to Nature and Extent of Confidentiality: control number. obtain or retain benefits. The statutory There is no need for confidentiality with DATES: Written Paperwork Reduction authority for this collection of this collection of information. Act (PRA) comments should be information is contained in Sections 4(i) Needs and Uses: The Commission submitted on or before June 30, 2011. If and 632 of the Communications Act of released on October 14, 2010 a Third you anticipate that you will be 1934, as amended. Report and Order and Order on submitting PRA comments, but find it Total Annual Burden: 50,090 hours. Reconsideration, FCC 10–181, CS difficult to do so within the period of Total Annual Cost: None. Docket 97–80 and PP Docket 00–67, (as time allowed by this notice, you should Privacy Act Impact Assessment: No corrected by an Order on advise the FCC contact listed below as impact(s). Reconsideration, FCC 11–7, CS Docket soon as possible. Nature and Extent of Confidentiality: 97–80 and PP Docket 00–67) modifying There is no need for confidentiality with the Commission’s rules to implement ADDRESSES: Direct all PRA comments to this collection of information. Section 629 of the Communications Act Nicholas A. Fraser, Office of Needs and Uses: The Commission (Section 304 of the Telecommunications Management and Budget, via fax at 202– released on October 14, 2010, a Third Act of 1996). The rules are modified to 395–5167 or via e-mail to Report and Order and Order on _ _ (1) Require cable operators to support Nicholas A. [email protected] and Reconsideration, FCC 10–181, CS the reception of switched digital video to the Federal Communications Docket 97–80 and PP Docket 00–67, services on retail devices to ensure that Commission via e-mail to [email protected] modifying the Commission’s rules to subscribers are able to access the and [email protected]. To view a implement Section 629 of the services for which they pay regardless of copy of this information collection Communications Act (Section 304 of the whether they lease or purchase their request (ICR) submitted to OMB: (1) Go Telecommunications Act of 1996). devices; (2) prohibit price to the web page http://reginfo.gov/ Section 629 of the Communications Act discrimination against retail devices to public/do/PRAMain, (2) look for the directs the Commission to adopt rules to support a competitive marketplace for section of the web page called assure the commercial availability of retail devices; (3) require cable operators ‘‘Currently Under Review’’, (3) click on ‘‘navigation devices,’’ such as cable set- to allow self-installation of CableCARDs the downward-pointing arrow in the top boxes. One rule modification in the where device manufacturers offer ‘‘Select Agency’’ box below the Third Report and Order and Order on device-specific installation instructions ‘‘Currently Under Review’’ heading, (4) Reconsideration is intended to prohibit to make the installation experience for select ‘‘Federal Communications price discrimination against retail retail devices comparable to the Commission’’ from the list of agencies devices. This modification requires experience for leased devices; (4) presented in the ‘‘Select Agency’’ box, cable operators to disclose annually the require cable operators to provide multi- (5) click the ‘‘Submit’’ button to the right fees for rental of navigation devices and stream CableCARDs by default to ensure of the ‘‘Select Agency’’ box, and (6) single and additional CableCARDs as that cable operators are providing their when the list of FCC ICRs currently well as the fees reasonably allocable to subscribers with current CableCARD under review appears, look for the title the rental of single and additional technology; and (5) clarify that of this ICR (or its OMB Control Number, CableCARDs and the rental of operator- CableCARD device certification rules if there is one) and then click on the ICR supplied navigation devices if those are limited to certain technical features Reference Number to view detailed devices are included in the price of a to make it easier for device information about this ICR. bundled offer. manufacturers to get their products to FOR FURTHER INFORMATION CONTACT: For OMB Control Number: 3060–0849. market. These rules are intended to additional information or copies of the Title: Commercial Availability of achieve Section 629’s directive to assure information collection(s), contact Cathy Navigation Devices. a retail market for navigation devices, Williams on (202) 418–2918. Form Number: N/A. such as set-top boxes, that can access Type of Review: Revision of a SUPPLEMENTARY INFORMATION: OMB cable services. Control Number: 3060–0652. currently approved collection. Respondents: Business or other for- Federal Communications Commission. Title: Section 76.309, Customer profit entities. Marlene H. Dortch, Service Obligations; Section 76.1602, Number of Respondents and Secretary, Office of the Secretary, Office of Customer Service-General Information, Responses: 962 respondents; 586,712 Managing Director. Section 76.1603, Customer Service-Rate responses. [FR Doc. 2011–13431 Filed 5–27–11; 8:45 am] and Service Changes and Section Estimated Time per Response: BILLING CODE 6712–01–P 76.1619, Information and Subscriber 0.00278 to 40 hours. Bills. Frequency of Response: Form Number: N/A. Recordkeeping requirement; Third party FEDERAL COMMUNICATIONS Type of Review: Revision of a disclosure requirement; On occasion COMMISSION currently approved collection. reporting requirement; Annual reporting Information Collection Being Reviewed Respondents: Business or other for- requirement; Semi-annual reporting by the Federal Communications profit entities; State, Local or Tribal requirement. Government. Obligation to Respond: Required to Commission Number of Respondents and obtain or retain benefits. The statutory AGENCY: Federal Communications Responses: 8,260 respondents; authority for this information collection Commission. 1,117,540 responses. is contained in Sections 4(i), 303(r) and ACTION: Notice and request for Estimated Time per Response: 0.0167 629 of the Communications Act of 1934, comments. to 1 hour. as amended. Frequency of Response: On occasion Total Annual Burden: 61,353 hours. SUMMARY: The Federal Communications reporting requirement; Third party Total Annual Cost: $170,300. Commission (FCC), as part of its disclosure Privacy Act Impact Assessment: No continuing effort to reduce paperwork requirement. impact(s). burdens, invites the general public and

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other Federal agencies to take this requirement, third party disclosure that an antenna structure may cause a opportunity to comment on the requirement. hazard to air navigation. In 1992, following information collection, as Obligation To Respond: Required to Congress amended Sections 303(q) and required by the Paperwork Reduction obtain or retain benefits. The statutory 503(b)(5) of the Communications Act to: Act (PRA) of 1995. Comments are authority for this collection of (1) Make antenna structure owners, as requested concerning (a) whether the information is contained in 47 U.S.C. well as Commission licensees and proposed collection of information is 303(q), 154, 303, 391 and 309. permittees responsible for the painting necessary for the proper performance of Total Annual Burden: 6,750 hours. and lighting of antenna structures, and the functions of the Commission, Total Annual Cost: $120,600. (2) to provide the non-license antenna including whether the information shall Privacy Act Impact Assessment: Yes. structure owners may be subject to Nature and Extent of Confidentiality: have practical utility; (b) the accuracy of forfeiture for violations of painting or Respondents may request materials or the Commission’s burden estimate; lighting requirements specified by the information submitted to the (c) ways to enhance the quality, utility, Commission. Commission be withheld from public and clarity of the information collected; Currently, each antenna structure inspection under 47 CFR 0.459 of the (d) ways to minimize the burden of the owner proposing to construct or alter an Commission’s rules. antenna structure that is more than collection of information on the This information collection contains respondents, including the use of 60.96 meters (200 feet) in height, or that personally identifiable information on may interfere with the approach or automated collection techniques or individuals which is subject to the other forms of information technology; departure space of a nearby airport Privacy Act of 1974. Information on the runway must notify the Federal and (e) ways to further reduce the FCC Form 854 is maintained in the information collection burden on small Aviation Administration (FAA) of Commission’s system of records, FCC/ proposed construction. The FAA business concerns with fewer than 25 WTB–1, ‘‘Wireless Services Licensing employees. determines whether the antenna Records.’’ These licensee records are structure constitutes a potential hazard, The FCC may not conduct or sponsor publicly available and routinely used in a collection of information unless it and may recommend appropriate accordance of Subsection (b) of the painting and lighting for the structure. displays a currently valid control Privacy Act, 5 U.S.C. 552a(b), as number. No person shall be subject to The Commission then uses the FAA’s amended. Materials that are afforded recommendation to impose specific any penalty for failing to comply with confidential treatment pursuant to a a collection of information subject to the painting and/or lighting requirements request made under 47 CFR 0.459 will on subject licensees. PRA that does not display a valid Office not be available for public inspection. of Management and Budget (OMB) The Commission has in place the Federal Communications Commission. control number. following policy and procedures for Marlene H. Dortch, DATES: Written PRA comments should records retention and disposal: Records Secretary, Office of the Secretary, Office of be submitted on or before August 1, will be actively maintained as long as Managing Director. 2011. If you anticipate that you will be the individual remains a tower owner. [FR Doc. 2011–13432 Filed 5–27–11; 8:45 am] submitting comments, but find it Paper records will be archived after BILLING CODE 6712–01–P difficult to do so within the period of being keyed or scanned into the system. time allowed by this notice, you should Electronic records will be backed up on advise the contact listed below as soon tape. Electronic and paper records will FEDERAL DEPOSIT INSURANCE as possible. be maintained for at least twelve years. CORPORATION ADDRESSES: Needs and Uses: The Commission Direct all PRA comments to Update to Notice of Financial the Federal Communications will submit this expiring information collection to the Office of Management Institutions for Which the Federal Commission via e-mail to [email protected] Deposit Insurance Corporation Has and [email protected]. and Budget (OMB) after this 60-day comment period in order to obtain the Been Appointed Either Receiver, FOR FURTHER INFORMATION CONTACT: For full three year clearance from them. The Liquidator, or Manager additional information about the Commission is requesting OMB information collection, contact Cathy AGENCY: Federal Deposit Insurance approval for an extension of this Williams at (202) 418–2918. Corporation information collection (no change to the ACTION: Update listing of financial SUPPLEMENTARY INFORMATION: OMB reporting, recordkeeping and/or third institutions in liquidation. Control No.: 3060–0139. part disclosure requirements). Title: Application for Antenna The FCC Form 854 is used to register SUMMARY: Notice is hereby given that Structure Registration. structures used for wire or radio the Federal Deposit Insurance Form No.: FCC Form 854. communication services in any area Corporation (Corporation) has been Type of Review: Extension of a where radio services are regulated by appointed the sole receiver for the currently approved collection. the Commission; to make changes to following financial institutions effective Respondents: Individuals or existing structures or pending as of the Date Closed as indicated in the households; business or other for-profit; applications; or to notify the listing. This list (as updated from time non-profit institutions; and State, Local, Commission of the completion of to time in the Federal Register) may be or Tribal Government. construction or dismantlement of relied upon as ‘‘of record’’ notice that the Number of Respondents: 4,500 structures, as required by Title 47 of the Corporation has been appointed receiver respondents; 4,500 responses. Code of Federal Regulations (CFR) for purposes of the statement of policy Estimated Time per Response: Chapter 1, Part 17 (FCC Rules Part 17). published in the July 2, 1992 issue of .50 hours to complete FCC Form 854; 1 Section 303(q) of the Commissions Act the Federal Register (57 FR 29491). For hour to place registration number at of 1934, as amended, requires the further information concerning the base of antenna structure. Commission to require the painting and/ identification of any institutions which Frequency of Response: On occasion or illumination of radio towers in cases have been placed in liquidation, please reporting requirement, recordkeeping where there is a reasonable possibility visit the Corporation Web site at http://

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www.fdic.gov/bank/individual/failed/ Receivership Oversight in the Federal Deposit Insurance Corporation. banklist.html or contact the Manager of appropriate service center. Pamela Johnson, Dated: May 25, 2011. Regulatory Editing Specialist.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10365 ...... Atlantic Southern Bank ...... Macon ...... GA 05/20/2011 10366 ...... First Georgia Banking Company ...... Franklin ...... GA 05/20/2011 10367 ...... Summit Bank ...... Burlington ...... WA 05/20/2011

[FR Doc. 2011–13361 Filed 5–27–11; 8:45 am] Final Approval Under OMB Delegated information led to the issuance of these BILLING CODE 6714–01–P Authority of the Extension for Three security guidelines applicable to Years, Without Revision, of the financial institutions. The security Following Report guidelines are designed to facilitate Report title: The Recordkeeping and timely and relevant notification to FEDERAL RESERVE SYSTEM Disclosure Requirements Associated affected customers and the appropriate with the Guidance on Response regulatory authority of the financial Agency Information Collection Programs for Unauthorized Access to institutions. The security guidelines Activities: Announcement of Board Customer Information. provide specific direction regarding the Approval Under Delegated Authority Agency form number: FR 4100. development of response programs and and Submission to OMB OMB control number: 7100–0309. customer notifications. Frequency: Develop customer notice, Current Actions: On March 18, 2011, SUMMARY: Background. Notice is hereby one-time; Incident notification, event- the Federal Reserve published a notice given of the final approval of proposed generated. in the Federal Register (76 FR 14971) information collection by the Board of Reporters: Financial institutions. requesting public comment for 60 days Governors of the Federal Reserve Estimated annual reporting hours: on the extension, without revision, of System (Board) under OMB delegated Develop response program, 2,544 hours; the FR 4100. The comment period for authority, as per 5 CFR 1320.16 (OMB Incident notification, 2,952 hours. this notice expired on May 17, 2011. Regulations on Controlling Paperwork Estimated average hours per response: The Federal Reserve did not receive Burdens on the Public). Board-approved Develop response program, 24 hours; any comments. collections of information are Incident notification, 36 hours. Board of Governors of the Federal Reserve incorporated into the official OMB Number of respondents: Develop System, May 25, 2011. inventory of currently approved response program, 106; Incident Jennifer J. Johnson, collections of information. Copies of the notification, 82. Secretary of the Board. Paperwork Reduction Act Submission, General description of report: This [FR Doc. 2011–13323 Filed 5–27–11; 8:45 am] information collection is mandatory supporting statements and approved BILLING CODE 6210–01–P collection of information instrument(s) (15 U.S.C. 6801(b)). Since the Federal Reserve does not collect information are placed into OMB’s public docket associated with the FR 4100, files. The Federal Reserve may not confidentiality would not generally be FEDERAL TRADE COMMISSION conduct or sponsor, and the respondent an issue. However, confidentiality is not required to respond to, an issues may arise if the Federal Reserve Agency Information Collection information collection that has been were to obtain a copy of a customer Activities; Submission for OMB extended, revised, or implemented on or notice during the course of an Review; Comment Request; Extension after October 1, 1995, unless it displays examination or were to receive a copy a currently valid OMB control number. of a Suspicious Activity Report (SAR; AGENCY: Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). FOR FURTHER INFORMATION CONTACT: FR 2230; OMB No. 7100–0212). In such Acting Federal Reserve Board Clearance cases the information would be exempt ACTION: Notice and request for comment. Officer—Cynthia Ayouch—Division of from disclosure to the public under the SUMMARY: The information collection Research and Statistics, Board of Freedom of Information Act (5 U.S.C. 552(b)(3), (4), and (8)). Also, a federal requirements described below will be Governors of the Federal Reserve submitted to the Office of Management System, Washington, DC 20551 (202– employee is prohibited by law from disclosing an SAR or the existence of an and Budget (‘‘OMB’’) for review, as 452–3829). Telecommunications Device required by the Paperwork Reduction for the Deaf (TDD) users may contact SAR (31 U.S.C. 5318(g)). Abstract: The FR 4100 is the Act (‘‘PRA’’). The FTC is seeking public (202–263–4869), Board of Governors of information collection associated with comments on its proposal to extend the Federal Reserve System, the Interagency Guidance on Response through August 31, 2014, the current Washington, DC 20551. Programs for Unauthorized Access to PRA clearance for information OMB Desk Officer—Shagufta Customer Information and Customer collection requirements contained in the Ahmed—Office of Information and Notice (security guidelines), which was Children’s Online Privacy Protection Regulatory Affairs, Office of published in the Federal Register in Rule (‘‘COPPA Rule’’). That clearance Management and Budget, New March 2005 (70 FR 15736). Trends in expires on August 31, 2011. Executive Office Building, Room 10235, customer information theft and the DATES: Comments must be received on Washington, DC 20503. accompanying misuse of that or before June 30, 2011.

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ADDRESSES: Interested parties may file a Estimated Annual Burden: 6,100 FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). comment online or on paper, by hours (6,000 hours for disclosure In particular, don’t include following the instructions in the requirements + 100 hours for safe harbor competitively sensitive information Request for Comment part of the participants’ voluntary reporting such as costs, sales statistics, SUPPLEMENTARY INFORMATION section requirements). inventories, formulas, patterns, devices, below. Write ‘‘COPPA Rule: Paperwork Likely Respondents, Estimated manufacturing processes, or customer Comment, FTC File No. P114504’’ on Number of Respondents, Estimated names. your comment, and file your comment Average Burden per Respondent: If you want the Commission to give online at https:// (a) Disclosures—Operators of covered your comment confidential treatment, ftcpublic.commentworks.com/ftc/ Web sites and online services, 60 hours/ you must file it in paper form, with a coppapra2, by following the operator for 100 new operators request for confidential treatment, and instructions on the Web-based form. If annually; you have to follow the procedure you prefer to file your comment on (b) Reporting—Voluntary safe harbor explained in FTC Rule 4.9(c), 16 CFR paper, mail or deliver your comment to program applicants—100 hours 4.9(c).2 Your comment will be kept the following address: Federal Trade annualized for an estimated single confidential only if the FTC General Commission, Office of the Secretary, applicant during the prospective 3-year Counsel, in his or her sole discretion, Room H–113 (Annex J), 600 PRA clearance period. grants your request in accordance with Pennsylvania Avenue, NW., Frequency of Response: Once. the law and the public interest. Washington, DC 20580. Operators have to maintain the Postal mail addressed to the required notice on their Web sites and Commission is subject to delay due to FOR FURTHER INFORMATION CONTACT: provide individual direct notices to heightened security screening. As a Requests for copies of the collection of parents of children newly engaging or result, we encourage you to submit your information and supporting registering online at operators’ Web sites comments online. To make sure that the documentation should be addressed to and online services. Commission considers your online Mamie Kresses, Attorney, Division of Total Annual Labor Cost: $816,000.1 comment, you must file it at https:// Advertising Practices, Bureau of Total Annual Capital or Other Non- ftcpublic.commentworks.com/ftc/ Consumer Protection, Federal Trade Labor Cost: Minimal. coppapra2, by following the Commission, 600 Pennsylvania Ave., Request for Comment: You can file a instructions on the Web-based form. If NW., Mail Drop NJ–3212, Washington, comment online or on paper. For the this Notice appears at http:// DC 20580, (202) 326–2070. Commission to consider your comment, www.regulations.gov/#!home, you also SUPPLEMENTARY INFORMATION: we must receive it on or before June 30, may file a comment through that Web Title: Children’s Online Privacy 2011. Write ‘‘COPPA Rule: Paperwork site. Protection Rule, 16 CFR part 312. Comment, FTC File No. P114504’’ on If you file your comment on paper, OMB Control Number: 3084–0117. your comment. Your comment— write ‘‘COPPA Rule: Paperwork Type of Review: Extension of a including your name and your state— Comment, FTC File No. P114504’’ on currently approved collection. will be placed on the public record of your comment and on the envelope, and Abstract: The COPPA Rule contains this proceeding, including, to the extent mail or deliver it to the following certain statutorily-required notice practicable, on the public Commission address: Federal Trade Commission, requirements that apply to operators of Web site, at http://www.ftc.gov/os/ Office of the Secretary, Room H–113 any Web site or online service directed publiccomments.shtm. As a matter of (Annex J), 600 Pennsylvania Avenue, to children, and operators of any Web discretion, the Commission tries to NW., Washington, DC 20580. If possible, site or online service with actual remove individuals’ home contact submit your paper comment to the knowledge of collecting personal information from comments before Commission by courier or overnight information from children. Covered placing them on the Commission Web service. operators must: Provide online notice site. Visit the Commission Web site at and direct notice to parents of how they Because your comment will be made http://www.ftc.gov to read this Notice collect, use, and disclose children’s public, you are solely responsible for and the news release describing it. The personal information; obtain the prior making sure that your comment doesn’t FTC Act and other laws that the consent of the child’s parent in order to include any sensitive personal Commission administers permit the engage in such collection, use, and information, like anyone’s Social collection of public comments to disclosure, with limited exceptions; Security number, date of birth, driver’s consider and use in this proceeding as provide reasonable means for the parent license number or other state appropriate. The Commission will to obtain access to the information and identification number or foreign country consider all timely and responsive to direct its deletion; and, establish equivalent, passport number, financial public comments that it receives on or procedures that protect the account number, or credit or debit card before June 30, 2011. You can find more confidentiality, security, and integrity of number. You are also solely responsible information, including routine uses personal information collected from for making sure that your comment permitted by the Privacy Act, in the children. doesn’t include any sensitive health Commission’s privacy policy, at http:// On February 9, 2011, the Commission information, like medical records or www.ftc.gov/ftc/privacy.shtm. sought comment on the information other individually identifiable health Comments on the information collection requirements associated with information. In addition, don’t include collection requirements subject to the COPPA Rule. 76 FR 7211. No any ‘‘[t]rade secret or any commercial or review under the PRA should comments were received. Pursuant to financial information which is obtained additionally be submitted to OMB. If the OMB regulations, 5 CFR part 1320, from any person and which is privileged that implement the PRA, 44 U.S.C. 3501 or confidential,’’ as provided in Section 2 In particular, the written request for confidential et seq., the FTC is providing this second treatment that accompanies the comment must 6(f) of the FTC Act, 15 U.S.C. 46(f), and include the factual and legal basis for the request, opportunity for public comment while and must identify the specific portions of the seeking OMB approval to renew the pre- 1 See 76 FR at 7212–7213 for the details and comment to be withheld from the public record. See existing clearance for the Rule. calculations underlying this total. FTC Rule 4.9(c), 16 CFR 4.9(c).

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sent by U.S. mail, they should be of the functions of the agency, including The study will evaluate the addressed to Office of Information and whether the information shall have effectiveness of the innovative, theory- Regulatory Affairs, Office of practical utility; (b) the accuracy of the based HIV risk reduction serial drama Management and Budget, Attention: agency’s estimate of the burden of the intervention, ‘‘Reality Check,’’ among Desk Officer for the Federal Trade proposed collection of information; (c) African Americans aged 13 to 21 years Commission, New Executive Office ways to enhance the quality, utility, and who attend clubs for youth in the Building, Docket Library, Room 10102, clarity of the information to be Atlanta Metropolitan Statistical Area 725 17th Street, NW., Washington, DC collected; and (d) ways to minimize the (MSA). The hypothesis to be tested is 20503. Comments sent to OMB by U.S. burden of the collection of information that ‘‘Reality Check’’ is effective in postal mail, however, are subject to on respondents, including through the increasing intention for HIV testing, delays due to heightened security use of automated collection techniques condom use, and abstinence, and in precautions. Thus, comments instead or other forms of information increasing tolerance for persons technology. Written comments should should be sent by facsimile to (202) regardless of HIV status or sexual be received within 60 days of this 395–5167. orientation, as compared with the notice. Willard K. Tom, comparison group. The study will use a General Counsel. Proposed Project cluster randomized trial design, with a [FR Doc. 2011–13357 Filed 5–27–11; 8:45 am] ‘‘Evaluating the Effects of the ‘Reality wait-list comparison group and pre- and BILLING CODE 6750–01–P Check’ Serial Drama on the HIV-related post-intervention assessments. Youth Attitudes and Behavioral Intentions of clubs serving minority and African American Youth’’—NEW— disadvantaged youth in the Atlanta DEPARTMENT OF HEALTH AND National Center for HIV, Viral Hepatitis, MSA will be matched into pairs and HUMAN SERVICES STD, and TB Prevention (NCHHSTP), randomly assigned to intervention and Centers for Disease Control and comparison conditions. The study Centers for Disease Control and Prevention (CDC). sample will include at least 500 Prevention Background and Brief Description participants evenly divided between the [60-Day–11–11FU] two conditions. Eligible youth at all The purpose of this study is to participating clubs will be invited to Proposed Data Collections Submitted evaluate the effects of an already-created complete the pre-intervention serial drama intervention, ‘‘Reality for Public Comment and questionnaire. The eligible youth at the Check,’’ on African American youth in Recommendations intervention clubs will be shown the the Atlanta, Georgia area. Young African serial drama, which consists of 27, 3- In compliance with the requirement Americans are very disproportionately of Section 3506(c)(2)(A) of the affected by HIV/AIDS and other minute episodes, in its entirety Paperwork Reduction Act of 1995 for sexually transmitted infections (STIs). immediately after completing the opportunity for public comment on Social, demographic, and historic questionnaire. Four weeks later eligible proposed data collection projects, the factors contributing to these high youth at all participating clubs will be Centers for Disease Control and disease rates include poverty, poor invited to complete the post- Prevention (CDC) will publish periodic access to preventive medical services, intervention questionnaire. Eligible summaries of proposed projects. To and homophobia, which causes some youth at clubs in the comparison group request more information on the men who have sex with men (MSM) to will be shown the serial drama proposed projects or to obtain a copy of be secretive about these activities and to immediately after the post-intervention the data collection plans and be reluctant to be tested for HIV. assessment has been completed. If instruments, call 404–639–5960 and Unfortunately, many persons infected ‘‘Reality Check’’ is shown to be send comments to Daniel Holcomb, CDC with HIV are unaware of their infection successful, it can be delivered cost- Reports Clearance Officer, 1600 Clifton and may be transmitting the virus, effectively and with substantial reach Road, MS–D74, Atlanta, GA 30333 or especially during the highly infectious via various mechanisms, such as public send an e-mail to [email protected]. acute infection stage. However, persons buses with video monitors, on video Comments are invited on: (a) Whether who become aware of their HIV kiosks, and on Web sites. There is no the proposed collection of information infections reduce their risky behavior cost to respondents other than their is necessary for the proper performance dramatically. time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Directors of youth clubs ...... Screening and Enlistment Form ...... 30 1 10/60 5 Participating youth ...... Survey Questionnaire ...... 500 1 15/60 125 Participating youth ...... Follow-up Questionnaire ...... 425 1 15/60 106

Total ...... 236

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Dated: May 20, 2011. herein prior to the effective date of this rebate to enrollees, on a pro rata basis, Daniel Holcomb, delegation. the difference between its MLR and the Reports Clearance Officer, Centers for Disease Dated: May 18, 2011. MLR standard. Control and Prevention. Kathleen Sebelius, Section 2718(b)(1)(A)(ii) allows the [FR Doc. 2011–13333 Filed 5–27–11; 8:45 am] Secretary. Secretary to lower the 80% MLR BILLING CODE 4163–18–P [FR Doc. 2011–13371 Filed 5–27–11; 8:45 am] standard in the individual market in a BILLING CODE 4160–18–P State if the application of the 80% MLR DEPARTMENT OF HEALTH AND may destabilize the individual market in HUMAN SERVICES such State. An interim final rule (IFR) DEPARTMENT OF HEALTH AND implementing the MLR was published Centers for Disease Control and HUMAN SERVICES on December 1, 2010 (75 FR 74865) and Prevention was modified by technical corrections Centers for Medicare & Medicaid on December 30, 2010 (75 FR 82277), Services Public Health Service Act (PHS); which added Part 158 to Title 45 of the Delegation of Authority [Document Identifier: CMS–10361] Code of Federal Regulations. The IFR is effective January 1, 2011. Under 45 CFR Notice is hereby given that pursuant Agency Information Collection to Section 3306(14) of the Public Health 158.301 (75 FR 74864, 74930), States Activities: Submission for OMB requesting that HHS lower the MLR Service Act (PHS), I have delegated to Review; Comment Request the Director, Centers for Disease Control standard must submit information that and Prevention (CDC), and the Director, AGENCY: Centers for Medicare & supports their assertion that the National Institute for Occupational Medicaid Services. individual market in their State may Safety and Health (NIOSH), with In compliance with the requirement destabilize absent an adjustment to the authority to redelegate, all authority of section 3506(c)(2)(A) of the MLR. Much of the information specified in Section 3306(14)(A)(i) of Paperwork Reduction Act of 1995, the requested is currently only available at the PHS Act, as amended by the James Centers for Medicare & Medicaid the State level. HHS must have such Zadroga 9/11 Health and Compensation Services (CMS), Department of Health information in order to ascertain Act of 2010 (Pub. L. 111–347), except and Human Services, is publishing the whether market destabilization has a those specific authorities described in following summary of proposed high likelihood of occurring. Form section 3306(14)(B) of the PHS Act. This collections for public comment. Number: CMS–10361 (OMB Control No. delegation is in addition to those duties Interested persons are invited to send 0938–1114); Frequency: Once; Affected specifically assigned to the Director, comments regarding this burden Public: State, local or tribal NIOSH, by Section 3306(14)(A)(ii) of the estimate or any other aspect of this governments; Number of Respondents: PHS Act. collection of information, including any 20; Number of Responses: 20; Average Additionally, notice is hereby given of the following subjects: (1) The Hours per Response: 185; Total Annual that pursuant to Section 3306(14) of the necessity and utility of the proposed Hours: 3,700. (For policy questions PHS Act, I hereby delegate to the information collection for the proper regarding this collection, contact Carol Administrator, Centers for Medicare & performance of the Agency’s function; Jimenez at (301) 492–4109. For all other Medicaid Services (CMS), with (2) the accuracy of the estimated authority to redelegate, responsibility burden; (3) ways to enhance the quality, issues regarding this collection, call for disbursing payment for the program utility, and clarity of the information to (410) 786–1326.) described in Title XXXIII of the PHS be collected; and (4) the use of To be assured consideration, Act, as amended by the James Zadroga automated collection techniques or comments and recommendations for the 9/11 Health and Compensation Act of other forms of information technology to proposed information collections must 2010 (Pub. L. 111–347). Responsibility minimize the information collection be received by the OMB desk officer at for determining eligibility and enrolling burden. the address below, no later than 5 p.m. individuals in the program described in 1. Type of Information Collection on June 30, 2011. Title XXXIII of the PHS Act and Request: Extension without change of a responsibility for determining the currently approved collection; Title of OMB, Office of Information and payment amounts to be disbursed shall Information Collection: Request for Regulatory Affairs, Attention: CMS remain with the Director, NIOSH, CDC, Adjustment to the Medical Loss Ratio Desk Officer, Fax Number: (202) 395– pursuant to the delegation in the Standard for a State’s Individual Market; 6974, E-mail: previous paragraph. Use: Under section 2718 of the Public [email protected]. These authorities shall be exercised Health Service Act (PHS Act), a health Dated: May 25, 2011. under the Department’s existing insurance issuer (issuer) offering group Martique Jones, delegation of authority and policy on or individual health insurance coverage regulations. This authority must also be must submit a report to the Secretary Director, Regulations Development Group, Division B, Office of Strategic Operations and exercised in accordance with the beginning in June of 2012 for calendar Regulatory Affairs. Department’s established policies, year 2011. The reported data allows for procedures, guidelines and regulations the calculation of an issuer’s medical [FR Doc. 2011–13421 Filed 5–27–11; 8:45 am] and with all other pertinent issuances. loss ratio (MLR) by market (individual, BILLING CODE 4120–01– P This delegation became effective upon small group, and large group) within date of signature. In addition, I have each State in which the issuer conducts affirmed and ratified any actions taken business. The PHS Act establishes a by the Administrator, CMS, the Director, MLR standard for each market segment CDC, the Director, NIOSH, or other CMS that issuers must meet. A health and CDC officials which involve the insurance issuer who fails to meet the exercise of the authorities delegated MLR standard for a plan year must

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DEPARTMENT OF HEALTH AND A Part D plan sponsor’s network format, and provide that information to HUMAN SERVICES pharmacies are in the best position to Medicare beneficiaries after their CMRs notify enrollees about how to contact on forms that comply with the Centers for Medicare & Medicaid their Part D plan if the prescription requirements specified by CMS for the Services cannot be filled. standardized format. The use of the [Document Identifier CMS–10147, CMS– As noted in a final rule published standardized format will increase the 10396 and CMS–R–246] April 15, 2011 (76 FR 21432), the option burden associated with providing the of posting this notice at the pharmacy CMRs with written summaries and Agency Information Collection has been eliminated. If a prescription action plans as described in this Activities: Proposed Collection; cannot be filled, the pharmacy must submission. The use of the standardized Comment Request provide the enrollee with a printed copy format will support a uniform and of this notice. Form Number: CMS– consistent level of MTMP AGENCY: Centers for Medicare & 10147 (OCN: 0938–0975) Frequency: communications with beneficiaries, Medicaid Services. Yearly; Affected Public: Private Sector— In compliance with the requirement improve the ability of beneficiaries to Business or other For-profits; Number of understand and manage their of section 3506(c)(2)(A) of the Respondents: 42,000; Number of Paperwork Reduction Act of 1995, the medications safely and effectively, and Responses: 37,087,402; Total Annual support improved healthcare outcomes Centers for Medicare & Medicaid Hours: 617,876. (For policy questions Services (CMS) is publishing the and lower overall healthcare costs. The regarding this collection, contact final standardized format will be posted following summary of proposed Kathryn McCann Smith at 410–786– collections for public comment. in the 2013 Call Letter for 7623. For all other issues call (410) 786– implementation by Part D sponsors in Interested persons are invited to send 1326.) comments regarding this burden January 2013. Form Number: CMS– 2. Type of Information Collection 10396 (OCN: 0938–New) Frequency: estimate or any other aspect of this Request: New collection; Title of collection of information, including any Yearly; Affected Public: Private sector— Information Collection: Medication business or other for-profits; Number of of the following subjects: (1) The Therapy Management Program necessity and utility of the proposed Respondents: 673; Number of Improvements—Standardized Format. Responses: 1,875,000; Total Annual information collection for the proper Use: The Medicare Modernization Act performance of the agency’s functions; Hours: 1,179,894. (For policy questions of 2003 (MMA) under title 42 CFR part regarding this collection, contact Gary (2) the accuracy of the estimated 423, subpart D, established the burden; (3) ways to enhance the quality, Wirth at 410–786–3997. For all other requirements that Part D sponsors must issues call (410) 786–1326.) utility, and clarity of the information to meet with regard to medication therapy be collected; and (4) the use of management (MTM) programs. 3. Type of Information Collection automated collection techniques or Beginning in 2010, sponsors must offer Request: Revision of a currently other forms of information technology to an interactive, person-to-person approved collection; Title of minimize the information collection comprehensive medication review Information Collection: Medicare burden. (CMR) by a pharmacist or other Advantage, Medicare Part D and 1. Type of Information Collection qualified provider at least annually. A Medicare Fee For Service Consumer Request: Revision of a currently CMR is a review of a beneficiary’s Assessment of Healthcare Providers and approved collection; Title of medications, including prescription and Systems Survey. Use: CMS has fielded Information Collection: Standardized over-the-counter (OTC) medications, the MA Consumer Assessment of Health Pharmacy Notice: Your Prescription herbal therapies, and dietary Care Providers and Systems (CAHPS) Cannot be Filled (f/k/a Medicare supplements, which is intended to aid Survey annually since 1998, the Prescription Drug Coverage and Your in assessing medication therapy and Medicare FFS CAHPS Survey annually Rights) Use: This is a request for optimizing patient outcomes. Sponsors since 2000, and the MA DP and Stand approval of changes to a currently must summarize the CMR and provide Alone PDP CAHPS survey annually approved collection under 42 CFR an individualized written or printed since 2006. The Medicare CAHPS is a 423.562(a)(3). This regulatory provision summary to the beneficiary. The burden national survey of health and has recently been modified to eliminate associated with the time and effort prescription drug plans conducted at the previously available option of necessary for Part D sponsors to conduct the contract level for MA, MA PD and posting the standardized notice at the CMRs with written summaries was Stand Alone PDP plans and at the state pharmacy. Revised 423.562(a)(3) and an estimated previously under OMB level for Medicare fee-for-service. associated regulatory provision at Control Number 0938–0964 as 937,500 Medicare CAHPS provides data to § 423.128(b)(7)(iii) require the pharmacy hours with total labor cost of $112.5 permit preparation of plan performance to provide the Part D enrollee with a million. measures to assist Medicare printed copy of this standardized notice The Affordable Care Act (ACA) under beneficiaries in their selection of a if the prescription cannot be filled. Section 10328 specifies that the health plan, prescription drug plan or The purpose of this notice is to Secretary, in consultation with relevant both, and help policymakers and others provide enrollees with information stakeholders, develop a standardized assist the Medicare program and about how to contact their Part D plans format for the action plan and written or Medicare plans design and monitor to request a coverage determination, printed summary that are given to patient-centered quality improvement including a request for an exception to beneficiaries as a result of their CMRs. initiatives. The 2009 Call letter for MA the Part D plan’s formulary. The notice The standardized format will replace and MA PD plans requires these plans reminds enrollees about certain rights whatever formats Part D sponsors are to contract with private vendors from a and protections related to their using for their written CMR summaries list selected by CMS to conduct the Medicare prescription drug benefits, and action plans prior to 2013. 2011 Medicare CAHPS survey for their including the right to receive a written Beginning in January, 2013, Part D plan at the contract level and provide explanation from the drug plan about sponsors will collect information the collected data to CMS for analyses why a prescription drug is not covered. required by the new standardized and preparation of CAHPS measures for

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use in consumer and plan reports and DEPARTMENT OF HEALTH AND Demonstration. Each of these for quality improvement purposes for HUMAN SERVICES demonstrations, test new payment MA, MA PD, and Stand Alone PDP methods for improving the quality and plans. CMS will continue to collect the Centers for Medicare & Medicaid efficiency of health care services Medicare FFS CAHPS data from surveys Services delivered to Medicare fee-for-service at the state and some sub-state levels. [Document Identifier CMS–10136 and CMS– beneficiaries, especially those with This revision to a currently approved 10303] chronic conditions that account for a collection is to add questions focusing disproportionate share of Medicare on care coordination. Form Number: Agency Information Collection expenditures. In addition, the MCMP Activities: Submission for OMB CMS–R–246 (OCN: 0938–0732) and EHR demonstration specifically Review; Comment Request Frequency: Yearly; Affected Public: encourage the adoption of electronic health records systems as a vehicle for Private sector—business or other for- AGENCY: Centers for Medicare & improving how health care is delivered. profits; Number of Respondents: Medicaid Services. Form Number: CMS–10136 (OMB# 598,200; Number of Responses: 598,200; In compliance with the requirement 0938–0941); Frequency: Yearly; Affected Total Annual Hours: 216,555. (For of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Public: Business or other for-profits and policy questions regarding this not-for-profit institutions; Number of collection, contact Sarah Gaillot at 410– Centers for Medicare & Medicaid Services (CMS), Department of Health Respondents: 400; Total Annual 786–4637. For all other issues call (410) Responses: 400; Total Annual Hours: 786–1326.) and Human Services, is publishing the following summary of proposed 9600. (For policy questions regarding To obtain copies of the supporting collections for public comment. this collection contact Jodie Blatt at statement and any related forms for the Interested persons are invited to send 410–786–6921. For all other issues call proposed paperwork collections comments regarding this burden 410–786–1326.) referenced above, access CMS’ Web site estimate or any other aspect of this 2. Type of Information Collection at http://www.cms.gov/ collection of information, including any Request: Revision of currently approved PaperworkReductionActof1995/PRAL/ of the following subjects: (1) The collection; Title of Information: list.asp#TopOfPage or e-mail your necessity and utility of the proposed Medicare Gainsharing Demonstration request, including your address, phone information collection for the proper Evaluation: Physician Focus Groups; number, OMB number, and CMS performance of the Agency’s function; Use: The proposed physician focus document identifier, to (2) the accuracy of the estimated groups are part of the evaluation of the [email protected], or call the burden; (3) ways to enhance the quality, Centers for Medicare and Medicaid Reports Clearance Office at 410–786– utility, and clarity of the information to Services (CMS)’s Medicare Physician 1326. be collected; and (4) the use of Hospital Collaboration Demonstration. automated collection techniques or The Congress, under Section 646 of the In commenting on the proposed other forms of information technology to Medicare Modernization Act (MMA) of information collections please reference minimize the information collection 2003 permitted CMS to conduct the document identifier or OMB control burden. demonstrations to test methods for the number. To be assured consideration, 1. Type of Information Collection provision of incentives for improving comments and recommendations must Request: Revision of a currently the quality and safety of care and be submitted in one of the following approved collection; Title of achieving the efficient allocation of ways by August 1, 2011: Information Collection: Medicare resources. The primary goal of the 1. Electronically. You may submit Demonstration Ambulatory Care Quality demonstration is to evaluate gainsharing your comments electronically to http:// Measure Performance Assessment Tool as means to align physician and hospital www.regulations.gov. Follow the (‘‘PAT’’); Use: This request is to cover a incentives to improve quality and instructions for ‘‘Comment or modification of an existing, approved efficiency. This demonstration plans to use the physician focus group protocols Submission’’ or ‘‘More Search Options’’ data collection effort with a new secure approved by OMB for the DRA 5007 to find the information collection web based system. This system will also Gainsharing Demonstration. Form document(s) accepting comments. provide a platform for developing tools to collect clinical quality data for future Number: CMS–10303 (OMB#: 0938– 2. By regular mail. You may mail demonstrations and programs. There is 1103); Frequency: Once; Affected written comments to the following no increase in burden. In fact, because Public: Private sector, business or other address: CMS, Office of Strategic all of the practices submitting data will for profits; Number of Respondents: 288; Operations and Regulatory Affairs, have Electronic Health Records (EHRs), Total Annual Responses: 144; Total Division of Regulations Development, it is likely that the originally estimated Annual Hours: 144 (For policy Attention: Document Identifier/OMB burden will decrease over the coming questions regarding this collection Control Number, Room C4–26–05, 7500 years of the demonstration. CMS is contact William Buczko at 410–786– Security Boulevard, Baltimore, requesting an extension of the currently 6593. For all other issues call 410–786– Maryland 21244–1850. approved tool for the collection of 1326.) To be assured consideration, Dated: May 25, 2011. ambulatory care clinical performance measure data. comments and recommendations for the Michelle Shortt, The data will be used to continue proposed information collections must Director, Regulations Development Group, implementation of two Congressionally be received by the OMB desk officer at Office of Strategic Operations and Regulatory mandated demonstration projects (the the address below, no later than 5 p.m. Affairs. Physician Group Practice (PGP) on June 30, 2011. OMB, Office of [FR Doc. 2011–13328 Filed 5–27–11; 8:45 am] Demonstration and the Medicare Care Information and Regulatory Affairs, BILLING CODE 4120–01–P Management Performance (MCMP) Attention: CMS Desk Officer, Fax Demonstration); also the support data Number: (202) 395–6974, E-mail: collection under the new EHR [email protected].

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Dated: May 25. 2011. we established regulations and an 1886(h)(4)(H)(vi) and 1886(d)(5)(B)(v) of Michelle Shortt, application process for qualifying the Act, as provided by section 5506 of Director, Regulations Development Group, hospitals to apply to CMS to receive the Affordable Care Act. The mailing Office of Strategic Operations and Regulatory direct graduate medical education addresses for the CMS New York Affairs. (GME) and indirect medical education Regional Office and to the CMS Central [FR Doc. 2011–13330 Filed 5–27–11; 8:45 am] (IME) FTE resident cap slots from the Office are included in this application BILLING CODE 4120–01–P hospital that closed. The procedures we form. established apply both to teaching In the November 24, 2010 CY 2011 hospitals that closed on or after March OPPS final rule, we did not establish a DEPARTMENT OF HEALTH AND 23, 2008 and on or before August 3, deadline by when CMS would issue the HUMAN SERVICES 2010 and to teaching hospitals that final determinations to hospitals that closed after August 3, 2010. For receive slots under section 5506 of the Centers for Medicare & Medicaid teaching hospitals that closed on or after Affordable Care Act. However, we will Services March 23, 2008 and on or before August review all applications received by the [CMS–1587–N] 3, 2010, we established an application September 28, 2011 deadline and notify deadline of April 1, 2011, for a hospital applicants of our determinations as soon Medicare Program; Notification of to request cap slots from the closed as possible. Closure of St. Vincent’s Medical Center hospital(s). We also stated in the November 24, 2010 FY 2011 OPPS final III. Collection of Information AGENCY: Centers for Medicare & rule that hospitals that close at any Requirements Medicaid Services (CMS), HHS. point after August 3, 2010 will fall into This document does not impose ACTION: Notice. the second category of applications, for information collection and which we will provide a separate notice SUMMARY: This notice announces the recordkeeping requirements. with a future application deadline (75 Consequently, it need not be reviewed closure of St. Vincent’s Medical Center FR 72215). and the initiation of an application by the Office of Management and process for hospitals to apply to the II. Provisions of the Notice Budget under the authority of the Centers for Medicare & Medicaid CMS has learned of the closure of Paperwork Reduction Act of 1995 (44 Services (CMS) to receive St. Vincent’s another teaching hospital that occurred U.S.C. Chapter 35). Medical Center’s full time equivalent after August 3, 2010. The purpose of (Catalog of Federal Domestic Assistance (FTE) resident cap slots. this notice is to notify the public of the Program No. 93.773 Medicare—Hospital DATES: We will consider applications closure of St. Vincent’s Medical Center, Insurance Program; and No. 93.774, provider number 33–0290, in New York Medicare—Supplementary Medical received no later than 5 p.m. (e.s.t) Insurance Program) September 28, 2011 Applications must City. The hospital’s direct GME FTE be received, not postmarked, by this resident cap is 321.11 and the IME FTE Dated: May 19, 2011. date. resident cap is 295.86. St. Vincent’s Donald M. Berwick, Medical Center was located in core- Administrator, Centers for Medicare & FOR FURTHER INFORMATION CONTACT: based statistical area (CBSA) 35644. The Medicaid Services. Renate Dombrowski, (410) 786–4645. official date of the termination of the [FR Doc. 2011–13478 Filed 5–27–11; 8:45 am] SUPPLEMENTARY INFORMATION: Medicare provider agreement, and BILLING CODE 4120–01–P I. Background therefore, the date of the closure, is October 31, 2010. Section 5506 of the Patient Protection In the November 24, 2010 CY 2011 DEPARTMENT OF HEALTH AND and Affordable Care Act (Pub. L. 111– OPPS final rule, we stated that the HUMAN SERVICES 148), as amended by the Health Care application deadline for future hospital and Education Reconciliation Act of closures would be 4 months following Administration for Children and 2010 (Pub. L. 111–152) (collectively, the the issuance of that notice to the public Families ‘‘Affordable Care Act’’), ‘‘Preservation of (75 FR 72215). Therefore, hospitals Resident Cap Positions from Closed wishing to apply for and receive slots Submission for OMB Review; Hospitals,’’ authorizes the Secretary to from St. Vincent’s Medical Center’s FTE Comment Request redistribute residency slots after a resident caps must submit applications hospital that trained residents in an to the CMS New York Regional Office Title: Measurement Development: approved medical residency program(s) and to the CMS Central Office no later Quality of Caregiver-Child Interactions closes. Specifically, section 5506 of the than September 28, 2011. Applications for Infants and Toddlers (Q–CCIIT). Affordable Care Act, amended the must be received, not postmarked, by OMB No.: New collection. Social Security Act (the Act), by adding this date. Description: The Office of Planning, subsection (vi) to section 1886(h)(4)(H) We refer readers to http:// Research and Evaluation (OPRE), of the Act and modifying language at www.cms.gov/AcuteInpatientPPS/ Administration for Children and section 1886(d)(5)(B)(v) of the Act, to 06_dgme.asp#TopOfPage to download a Families (ACF), U.S. Department of instruct the Secretary to establish a copy of the CMS Evaluation Form 5506, Health and Human Services (HHS), is process to increase the full time which is the application form that proposing to develop a new observation equivalent (FTE) resident caps for other hospitals are to use to apply for slots measure to assess the quality of child hospitals based upon the FTE resident under section 5506 of the Affordable care settings, specifically the quality of caps in teaching hospitals that closed Care Act. We also refer readers to this caregiver-child interaction for infants ‘‘on or after a date that is 2 years before Web site to access a copy of the CY 2011 and toddlers in nonparental care. The the date of enactment’’ (that is, March OPPS November 24, 2010 final rule, for measure will be appropriate for use 23, 2008). In the November 24, 2010 CY an explanation of the policy and across child care settings, center-based 2011 Outpatient Prospective Payment procedures for applying for slots and the and family child care settings as well as System (OPPS) final rule (75 FR 72212), redistribution of the slots under sections single- and mixed-age classrooms.

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The two-year data collection activity groups to obtain stakeholder input on the pilot test and twice in the field test, will include two phases: (1) A pilot test caregiver-child interactions will be at the start of the field test and 6 months and (2) a psychometric field test. We conducted separately with parents, later to assess growth. will request information about the child caregivers, and training and technical The purpose of this data collection is care setting, its classrooms and families assistance providers. Focus group to support the 2007 reauthorization of for recruitment into the study. participants will also complete a the Head Start program (Pub. L. 110– Information will be collected through demographic questionnaire. Parents of 134), which calls for periodic observations, focus groups, and children served by caregivers will assessments of Head Start’s quality and questionnaires. complete a questionnaire on their In the pilot and field tests, the new Q– effectiveness. child’s competencies related to CCIIT observation measure will include Respondents: Child care setting observing a small group activity cognitive, language/communication, representatives (directors or owners), structured with a common task and and social-emotional development. caregivers (center-based and family asking follow-up observation questions. Parents will complete this child care settings), parents of children Caregivers observed will also complete questionnaire, which will also include in those child care settings, and training a background questionnaire. Focus family and child characteristics, once in and technical assistance providers.

ANNUAL BURDEN ESTIMATES

Annual Number of Average Estimated Instrument number of responses per burden hour per annual burden respondents respondent response hours

1. Child care setting recruitment form ...... 190 1 0.5 95 2. Q–CCIIT measure-small group activity and follow-up ...... 290 1 0 .25 73 3. Caregiver background questionnaire ...... 520 1 0 .25 130 4. Focus group interview guide ...... 20 1 1.90 38 5. Parent focus group demographic questionnaire ...... 10 1 0.10 1 6. Caregiver focus group demographic questionnaire ...... 5 1 0.10 1 7. Training and technical assistance provider focus group demographic questionnaire ...... 5 1 0 .10 1 8. Parent-report child competence questionnaire ...... 880 2 0 .75 1,320

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND notify Genevieve Swift, PCPID Hours: 1,659. HUMAN SERVICES Executive Administrative Assistant, via Additional Information: Copies of the e-mail at [email protected], or via Administration for Children and proposed collection may be obtained by telephone at 202–619–0634, no later Families than June 10, 2011. PCPID will attempt writing to the Administration for to meet requests for accommodations Children and Families, Office of President’s Committee for People With made after that date, but cannot Planning, Research and Evaluation, 370 Intellectual Disabilities; Notice of guarantee ability to grant requests L’Enfant Promenade, SW., Washington, Correction of Room for Meeting received after this deadline. All meeting DC 20447, Attn: OPRE Reports sites are barrier free. AGENCY: President’s Committee for Clearance Officer. All requests should Agenda: PCPID will meet to swear-in be identified by the title of the People with Intellectual Disabilities the new members of the Committee and information collection. E-mail address: (PCPID). set the agenda for the coming year. [email protected]. ACTION: Notice of correction of room for Additional Information: For further meeting. OMB Comment: OMB is required to information, please contact Laverdia make a decision concerning the Taylor Roach, Director, President’s DATES: Thursday, June 16, 2011, from Committee for People with Intellectual collection of information between 30 9:30 a.m. to 4 p.m. E.S.T.; and Friday, Disabilities, The Aerospace Center, and 60 days after publication of this June 17, 2011, from 9 a.m. to 5 p.m. Second Floor West, 370 L’Enfant document in the Federal Register. E.S.T. The meeting will be open to the Promenade, SW., Washington, DC Therefore, a comment is best assured of public. 20447. Telephone: 202–619–0634. Fax: having its full effect if OMB receives it ADDRESSES: The meeting will be held in 202–205–9519. E-mail: within 30 days of publication. Written Conference Room 505–A of the Hubert [email protected]. comments and recommendations for the H. Humphrey Building, U.S. SUPPLEMENTARY INFORMATION: PCPID proposed information collection should Department of Health and Human acts in an advisory capacity to the be sent directly to the following: Office Services, 200 Independence Avenue, President and the Secretary of Health of Management and Budget, Paperwork SW., Washington, DC 20201. and Human Services, through the Reduction Project, Fax: 202–395–6974, Individuals who would like to Administration on Developmental Attn: Desk Officer for the participate via conference call may do Disabilities, on a broad range of topics Administration for Children and so by dialing 888–323–9869, pass code: relating to programs, services and Families. PCPID. Individuals who will need supports for persons with intellectual Robert Sargis, accommodations for a disability in order disabilities. The PCPID Executive Order to attend the meeting (e.g., sign language stipulates that the Committee shall: OPRE Reports Clearance Officer. interpreting services, assistive listening (1) Provide such advice concerning [FR Doc. 2011–13300 Filed 5–27–11; 8:45 am] devices, materials in alternative format intellectual disabilities as the President BILLING CODE 4184–22–P such as large print or Braille) should or the Secretary of Health and Human

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Services may request; and (2) provide FOR FURTHER INFORMATION CONTACT: identity and strength, and meets the advice to the President concerning the Elizabeth Berbakos, Office of quality and purity characteristics, which following for people with intellectual Information Management, Food and it purports or is represented to possess. disabilities: (A) Expansion of Drug Administration, 1350 Piccard Dr., FDA has the authority under section educational opportunities; PI50–400B, Rockville, MD 20850, 301– 701(a) of the FD&C Act (21 U.S.C. (B) promotion of homeownership; 796–7392, 371(a)) to issue regulations for the (C) assurance of workplace integration; [email protected]. efficient enforcement of the FD&C Act regarding CGMP procedures for (D) improvement of transportation SUPPLEMENTARY INFORMATION: Under the manufacturing, processing, and holding options; (E) expansion of full access to PRA (44 U.S.C. 3501–3520), Federal drugs and drug products. The CGMP community living; and (F) increasing Agencies must obtain approval from the regulations help ensure that drug access to assistive and universally Office of Management and Budget designed technologies. products meet the statutory (OMB) for each collection of requirements for safety and have their Dated: May 24, 2011. information they conduct or sponsor. purported or represented identity, ‘‘ ’’ Laverdia Taylor Roach, Collection of information is defined in strength, quality, and purity Director, PCPID. 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) characteristics. The information [FR Doc. 2011–13337 Filed 5–27–11; 8:45 am] and includes Agency requests or collection requirements in the CGMP requirements that members of the public BILLING CODE 4184–01–P regulations provide FDA with the submit reports, keep records, or provide necessary information to perform its information to a third party. Section duty to protect public health and safety. DEPARTMENT OF HEALTH AND 3506(c)(2)(A) of the PRA (44 U.S.C. CGMP requirements establish HUMAN SERVICES 3506(c)(2)(A)) requires Federal Agencies accountability in the manufacturing and to provide a 60-day notice in the processing of drug products, provide for Food and Drug Administration Federal Register concerning each meaningful FDA inspections, and [Docket No. FDA–2011–N–0362] proposed collection of information, enable manufacturers to improve the including each proposed extension of an quality of drug products over time. The Agency Information Collection existing collection of information, CGMP recordkeeping requirements also Activities; Proposed Collection; before submitting the collection to OMB serve preventive and remedial purposes Comment Request; Current Good for approval. To comply with this and provide crucial information if it is Manufacturing Practice Regulations for requirement, FDA is publishing notice necessary to recall a drug product. Finished Pharmaceuticals of the proposed collection of The general requirements for information set forth in this document. recordkeeping under part 211 (21 CFR AGENCY: Food and Drug Administration, With respect to the following part 211) are set forth in § 211.180. Any HHS. collection of information, FDA invites production, control, or distribution ACTION: Notice. comments on these topics: (1) Whether record associated with a batch and the proposed collection of information required to be maintained in SUMMARY: The Food and Drug is necessary for the proper performance Administration (FDA) is announcing an compliance with part 211 must be of FDA’s functions, including whether retained for at least 1 year after the opportunity for public comment on the the information will have practical proposed collection of certain expiration date of the batch and, for utility; (2) the accuracy of FDA’s certain over the counter (OTC) drugs, information by the Agency. Under the estimate of the burden of the proposed 3 years after distribution of the batch Paperwork Reduction Act of 1995 (the collection of information, including the (§ 211.180(a)). Records for all PRA), Federal Agencies are required to validity of the methodology and components, drug product containers, publish notice in the Federal Register assumptions used; (3) ways to enhance closures, and labeling are required to be concerning each proposed collection of the quality, utility, and clarity of the maintained for at least 1 year after the information, including each proposed information to be collected; and (4) expiration date and 3 years for certain extension of an existing collection of ways to minimize the burden of the OTC products (§ 211.180(b)). information, and to allow 60 days for collection of information on All part 211 records must be readily public comment in response to the respondents, including through the use available for authorized inspections notice. This notice solicits comments on of automated collection techniques, during the retention period the information collection provisions of when appropriate, and other forms of (§ 211.180(c)), and such records may be FDA’s Current Good Manufacturing information technology. retained either as original records or as Practice (CGMP) Regulations for true copies (§ 211.180(d)). In addition, Finished Pharmaceuticals. Current Good Manufacturing Practice 21 CFR 11.2(a) provides that ‘‘for records DATES: Submit either electronic or Regulations for Finished required to be maintained but not written comments on the collection of Pharmaceuticals—21 CFR Parts 210 submitted to the Agency, persons may information by August 1, 2011. and 211 (OMB Control Number 0910– use electronic records in lieu of paper 0139)—Extension ADDRESSES: Submit electronic records or electronic signatures in lieu comments on the collection of Under section 501(a)(2)(B) of the of traditional signatures, in whole or in information to http:// Federal Food, Drug, and Cosmetic Act part, provided that the requirements of www.regulations.gov. Submit written (the FD&C Act) (21 U.S.C. 351(a)(2)(B)), this part are met.’’ To the extent this comments on the collection of a drug is adulterated if the methods electronic option is used, the burden of information to the Division of Dockets used in, or the facilities or controls used maintaining paper records should be Management (HFA–305), Food and Drug for, its manufacture, processing, substantially reduced, as should any Administration, 5630 Fishers Lane, rm. packing, or holding do not conform to review of such records. 1061, Rockville, MD 20852. All or are not operated or administered in In order to facilitate improvements comments should be identified with the conformity with CGMPs to ensure that and corrective actions, records must be docket number found in brackets in the such drug meets the requirements of the maintained so that data can be used for heading of this document. FD&C Act as to safety, and has the evaluating, at least annually, the quality

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standards of each drug product to Any deviation from the written written specifications, standards, determine the need for changes in drug procedures must be recorded and sampling plans, test procedures, or product specifications or manufacturing justified. other laboratory control mechanisms or control procedures (§ 211.180(e)). Section 211.105(b)—Major equipment must be recorded and justified. Written procedures for these evaluations must be identified by a distinctive Section 211.165(e)—The accuracy, are to be established and include identification number or code that must sensitivity, specificity, and provisions for a review of a be recorded in the batch production reproducibility of test methods representative number of batches and, record to show the specific equipment employed by a firm must be established where applicable, records associated used in the manufacture of each batch and documented. Such validation and with the batch; provisions for a review of a drug product. In cases where only documentation may be accomplished in of complaints, recalls, returned or one of a particular type of equipment accordance with § 211.194(a)(2). salvaged drug products; and exists in a manufacturing facility, the Section 211.166(c)—Homeopathic investigations conducted under name of the equipment may be used in drug product requirements are set forth. § 211.192 for each drug product. lieu of a distinctive identification Section 211.173—Animals used in The specific recordkeeping number or code. testing components, in-process requirements provided in table 1 of this Section 211.122(c)—Records must be materials, or drug products for document are as follows: maintained for each shipment received compliance with established Section 211.34—Consultants advising of each different labeling and packaging specifications must be maintained and on the manufacture, processing, material indicating receipt, controlled in a manner that assures their packing, or holding of drug products examination, or testing. suitability for their intended use. They must have sufficient education, training, Section 211.130(e)—Inspection of must be identified, and adequate and experience to advise on the subject packaging and labeling facilities must be records must be maintained showing the for which they are retained. Records made immediately before use to assure history of their use. must be maintained stating the name, that all drug products have been Section 211.180(e)—Written records address, and qualifications of any removed from previous operations. required by part 211 must be consultants and the type of service they Inspection must also be made to assure maintained so that data can be used for provide. that packaging and labeling materials evaluating, at least annually, the quality Section 211.67(c)—Records must be not suitable for subsequent operations standards of each drug product to kept of maintenance, cleaning, have been removed. Results of determine the need for changes in drug sanitizing, and inspection as specified inspection must be documented in the product specifications or manufacturing in §§ 211.180 and 211.182. batch production records. or control procedures. Written Section 211.68—Appropriate controls Section 211.132(c)—Certain retail procedures must be established and must be exercised over computer or packages of OTC drug products must followed for such evaluations and must related systems to assure that changes in bear a statement that is prominently include provisions for a representative master production and control records placed so consumers are alerted to the number of batches, whether approved or or other records are instituted only by specific tamper-evident feature of the unapproved or rejected, and a review of authorized personnel. package. The labeling statement is complaints, recalls, returned or salvaged Section 211.68(a)—Records must be required to be so placed that it will be drug products, and investigations maintained of calibration checks, unaffected if the tamper-resistant feature conducted under § 211.192 for each inspections, and computer or related of the package is breached or missing. drug product. system programs for automatic, If the tamper-evident feature chosen is Section 211.180(f)—Procedures must mechanical, and electronic equipment. one that uses an identifying be established to assure that the Section 211.68(b)—All appropriate characteristic, that characteristic is responsible officials of the firm, if they controls must be exercised over all required to be referred to in the labeling are not personally involved in or computers or related systems and statement. immediately aware of such actions, are control data systems to assure that Section 211.132(d)—A request for an notified in writing of any investigations, changes in master production and exemption from packaging and labeling conducted under §§ 211.198, 211.204, or control records or other records are requirements by a manufacturer or 211.208, any recalls, reports of instituted only by authorized persons. packer is required to be submitted in the inspectional observations issued, or any Section 211.72—Filters for liquid form of a citizen petition under 21 CFR regulatory actions relating to good filtration used in the manufacture, 10.30. manufacturing practices brought by processing, or packing of injectable drug Section 211.137—Requirements FDA. products intended for human use must regarding product expiration dating and Section 211.182—Specifies not release fibers into such products. compliance with 21 CFR 201.17 are set requirements for equipment cleaning Section 211.80(d)—Each container or forth. records and the use log. grouping of containers for components Section 211.160(a)—The Section 211.184—Specifies or drug product containers or closures establishment of any specifications, requirements for component, drug must be identified with a distinctive standards, sampling plans, test product container, closure, and labeling code for each lot in each shipment procedures, or other laboratory control records. received. This code must be used in mechanisms, including any change in Section 211.186—Specifies master recording the disposition of each lot. such specifications, standards, sampling production and control records Each lot must be appropriately plans, test procedures, or other requirements. identified as to its status. laboratory control mechanisms, must be Section 211.188—Specifies batch Section 211.100(b)—Written drafted by the appropriate production and control records production and process control organizational unit and reviewed and requirement. procedures must be followed in the approved by the quality control unit. Section 211.192—Specifies the execution of the various production and These requirements must be followed information that must be maintained on process control functions and must be and documented at the time of the investigation of discrepancies found documented at the time of performance. performance. Any deviation from the in the review of all drug product

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production and control records by the sampling, testing, and approval or Section 211.165(c)—Testing and quality control staff. rejection of components and drug release for distribution; Section 211.194—Explains and product containers or closures; Section 211.166(a)—Stability testing; describes laboratory records that must Section 211.94(d)—Standards or Section 211.167—Special testing be retained. specifications, methods of testing, and requirements; Section 211.196—Specifies the methods of cleaning, sterilizing, and Section 211.180(f)—Notification of information that must be included in processing to remove pyrogenic responsible officials of investigations, records on the distribution of the drug. properties for drug product containers recalls, reports of inspectional Section 211.198—Specifies and and closures; observations, and any regulatory actions describes the handling of all complaint Section 211.100(a)—Production and relating to good manufacturing practice; files received by the applicant. process control; Section 211.198(a)—Written and oral Section 211.204—Specifies that Section 211.110(a)—Sampling and complaint procedures, including quality records be maintained of returned and testing of in-process materials and drug control unit review of any complaint salvaged drug products and describes products; involving specifications failures, and the procedures involved. Section 211.113(a)—Prevention of serious and unexpected adverse drug Written procedures, referred to here objectionable microorganisms in drug experiences; as standard operating procedures products not required to be sterile; Section 211.204—Holding, testing, (SOPs), are required for many part 211 Section 211.113(b)—Prevention of and reprocessing of returned drug records. The current SOP requirements microbiological contamination of drug products; and were initially provided in a final rule products purporting to be sterile, Section 211.208—Drug product published in the Federal Register of including validation of any sterilization salvaging. September 29, 1978 (43 FR 45014), and process; are now an integral and familiar part of In addition, the following regulations Section 211.115(a)—System for the drug manufacturing process. The in parts 610 and 680 (21 CFR parts 610 reprocessing batches that do not major information collection impact of and 680) reference certain CGMP conform to standards or specifications, SOPs results from their creation. regulations in Part 211: Sections to insure that reprocessed batches Thereafter, SOPs need to be periodically 610.12(h), 610.13(a)(2), 610.18(d), conform with all established standards, updated. A combined estimate for 680.2(f), and 680.3(f). In table 1 of this specifications, and characteristics; routine maintenance of SOPs is document, the burden associated with Section 211.122(a)—Receipt, provided in table 1 of this document. the information collection requirements identification, storage, handling, The 25 SOP provisions under part 211 in these regulations is included in the sampling, examination and/or testing of in the combined maintenance estimate burden estimates under §§ 211.165, labeling and packaging materials; include: 211.167, 211.188, and 211.194, as Section 211.22(d)—Responsibilities Section 211.125(f)—Control appropriate. and procedures of the quality control procedures for the issuance of labeling; Although most of the CGMP unit; Section 211.130—Packaging and label provisions covered in this document Section 211.56(b)—Sanitation operations, prevention of mixup and were created many years ago, there will procedures; cross contamination, identification and be some existing firms expanding into Section 211.56(c)—Use of suitable handling of filed drug product new manufacturing areas and startup rodenticides, insecticides, fungicides, containers that are set aside and held in firms that will need to create SOPs. As fumigating agents, and cleaning and unlabeled condition, and identification provided in table 1 of this document, sanitizing agents; of the drug product with a lot or control FDA is assuming that approximately Section 211.67(b)—Cleaning and number that permits determination of 100 firms will have to create up to 25 maintenance of equipment; the history of the manufacture and SOPs for a total of 2,500 records, and Section 211.68(a)—Proper control of the batch; the Agency estimates that it will take 20 performance of automatic, mechanical, Section 211.142—Warehousing; hours per recordkeeper to create 25 new and electronic equipment; Section 211.150—Distribution of drug SOPs for a total of 50,000 hours. Section 211.80(a)—Receipt, products; FDA estimates the burden of this identification, storage, handling, Section 211.160—Laboratory controls; collection of information as follows:

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average 21 CFR Section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping (in hours) 2

SOP maintenance (see list of 25 SOPs in the SUPPLE- MENTARY INFORMATION section of this document) ... 4,184 1 4,184 25 104,600 New startup SOPs ...... 100 25 2500 20 50,000 211.34 ...... 4,184 .25 1,046 30/60 523 211.67(c) ...... 4,184 50 209,200 15/60 52,300 211.68 ...... 4,184 2 8,368 1 8,368 211.68(a) ...... 4,184 10 41,840 30/60 20,920 211.68(b) ...... 4,184 5 20,920 15/60 5,230 211.72 ...... 4,184 .25 1,046 1 1,046 211.80(d) ...... 4,184 .25 1,046 6/60 105 211.100(b) ...... 4, 184 3 12,552 2 25,104 211.105(b) ...... 4,184 .25 1,046 15/60 262 211.122(c) ...... 4,184 50 209,200 15/60 52,300 211.130(e) ...... 4,184 50 209,200 15/60 52,300

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TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued

Number of Average 21 CFR Section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping (in hours) 2

211.132(c) ...... 1,698 20 33,960 30/60 16,980 211.132(d) ...... 1,698 .2 340 30/60 170 211.137 ...... 4,184 5 20,920 30/60 10,460 211.160(a) ...... 4,184 2 8,368 1 8,368 211.165(e) ...... 4,184 1 4,184 1 4,184 211.166(c) ...... 4,184 2 8,368 30/60 4,184 211.173 ...... 1,077 1 1,077 15/60 269 211.180(e) ...... 4,184 .2 837 15/60 209 211.180(f) ...... 4,184 .2 837 1 837 211.182 ...... 4,184 2 8,368 15/60 2,092 211.184 ...... 4,184 3 12,552 30/60 6,276 211.186 ...... 4,184 10 41,840 2 83,680 211.188 ...... 4,184 25 104,600 2 209,200 211.192 ...... 4,184 2 8,368 1 8,368 211.194 ...... 4,184 25 104,600 30/60 52,300 211.196 ...... 4,184 25 104,600 15/60 26,150 211.198 ...... 4,184 5 20,920 1 20,920 211.204 ...... 4,184 10 41,840 30/60 20,920

Total ...... 848,625 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Burden estimates of less than 1 hour are expressed as a fraction of an hour in the format ‘‘[number of minutes per response] /60.’’

Dated: May 24, 2011. ACTION: Notice. SUPPLEMENTARY INFORMATION: In Leslie Kux, accordance with 21 CFR 20.108(a) and SUMMARY: The Food and Drug Acting Assistant Commissioner for Policy. (c), which states that all written Administration (FDA) is providing arrangements and understandings [FR Doc. 2011–13441 Filed 5–27–11; 8:45 am] notice of a cooperative arrangement BILLING CODE 4160–01–P between FDA and the Inter-American signed by FDA and other departments, Institute for Cooperation in Agriculture. Agencies, and organizations shall be The purpose of the arrangement is to published in the Federal Register, DEPARTMENT OF HEALTH AND provide a framework between the two except those arrangements and HUMAN SERVICES Agencies to facilitate the exchange of memoranda of understanding between FDA and State or local government Food and Drug Administration information and the development of projects of mutual interest. Agencies that are cooperative work- DATES: The arrangement became sharing arrangements, the Agency is [Docket No. FDA–2011–N–0010] effective on April 15, 2011, for a publishing notice of this cooperative Cooperative Arrangement Between the duration of 5 years. arrangement. United States Food and Drug FOR FURTHER INFORMATION CONTACT: Dated: May 18, 2011. Administration and the Inter-American Moises O’Neill, Office of International Leslie Kux, Programs, Food and Drug Institute for Cooperation in Agriculture Acting Assistant Commissioner for Policy. Administration, 3440 San Jose Pl., AGENCY: Food and Drug Administration, Washington, DC 20521–3440, Tel. 506– BILLING CODE 4160–01–P HHS. 2519–2220.

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[FR Doc. 2011–13440 Filed 5–27–11; 8:45 am] BILLING CODE 4160–01–C

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DEPARTMENT OF HEALTH AND continues until FDA grants permission 3. The date the application was HUMAN SERVICES to market the biological product. approved: January 8, 2010. FDA has Although only a portion of a regulatory verified the applicant’s claim that BLA Food and Drug Administration review period may count toward the 125276/0 was approved on January 8, [Docket Nos. FDA–2010–E–0328, FDA– actual amount of extension that the 2010. 2010–E–0324, and FDA–2010–E–0325] Director of Patents and Trademarks may This determination of the regulatory award (for example, half the testing review period establishes the maximum Determination of Regulatory Review phase must be subtracted as well as any potential length of a patent extension. Period for Purposes of Patent time that may have occurred before the However, the U.S. Patent and Extension; ACTEMRA patent was issued), FDA’s determination Trademark Office applies several of the length of a regulatory review statutory limitations in its calculations AGENCY: Food and Drug Administration, period for a human biological product of the actual period for patent extension. HHS. will include all of the testing phase and In its application for patent extension, ACTION: Notice. approval phase as specified in 35 U.S.C. this applicant seeks 1,338 days of patent 156(g)(1)(B). term extension. SUMMARY: The Food and Drug Anyone with knowledge that any of Administration (FDA) has determined FDA approved for marketing the human biologic product ACTEMRA the dates as published are incorrect may the regulatory review period for submit to the Division of Dockets ACTEMRA and is publishing this notice (tocilizumab). ACTEMRA is indicated for treatment of rheumatoid arthritis. Management (see ADDRESSES) either of that determination as required by electronic or written comments and ask law. FDA has made the determination Subsequent to this approval, the Patent and Trademark Office received patent for a redetermination by August 1, 2011. because of the submission of Furthermore, any interested person may applications to the Director of Patents term restoration applications for ACTEMRA (U.S. Patent Nos. 5,670,373 petition FDA for a determination and Trademarks, Department of regarding whether the applicant for Commerce, for the extension of patents and 5,795,965), filed by Chugai Seiyaku Kabushiki Kaisha, and for U.S. Patent extension acted with due diligence which claim that human biological during the regulatory review period by product. No. 5,888,510, filed by Chugai Seiyaku Kabushiki Kaisha and Tadamitsu November 28, 2011. To meet its burden, ADDRESSES: Submit electronic Kishimoto for ACTEMRA. The Patent the petition must contain sufficient facts comments to http:// and Trademark Office requested FDA’s to merit an FDA investigation. (See H. www.regulations.gov. Submit written assistance in determining these patents’ Rept. 857, part 1, 98th Cong., 2d sess., petitions along with three copies and eligibilities for patent term restoration. pp. 41–42, 1984.) Petitions should be in written comments to the Division of In a letter dated September 30, 2010, the format specified in 21 CFR 10.30. Dockets Management (HFA–305), Food FDA advised the Patent and Trademark Interested persons may submit to the and Drug Administration, 5630 Fishers Office that this human biological Division of Dockets Management (see Lane, rm. 1061, Rockville, MD 20852. product had undergone a regulatory ADDRESSES) electronic or written FOR FURTHER INFORMATION CONTACT: review period and that the approval of comments and written petitions. It is Beverly Friedman, Office of Regulatory ACTEMRA represented the first only necessary to send one set of Policy, Food and Drug Administration, permitted commercial marketing or use comments. It is no longer necessary to 10903 New Hampshire Ave., Bldg. 51, of the product. Thereafter, the Patent send three copies of mailed comments. rm. 6222, Silver Spring, MD 20993– and Trademark Office requested that However, if you submit a written 0002, 301–796–3602. FDA determine the product’s regulatory petition, you must submit three copies of the petition. Identify comments with SUPPLEMENTARY INFORMATION: The Drug review period. the docket number found in brackets in Price Competition and Patent Term FDA has determined that the the heading of this document. Restoration Act of 1984 (Pub. L. 98–417) applicable regulatory review period for Comments and petitions that have not and the Generic Animal Drug and Patent ACTEMRA is 1,893 days. Of this time, been made publicly available on Term Restoration Act (Pub. L. 100–670) 1,111 days occurred during the testing http://www.regulations.gov may be generally provide that a patent may be phase of the regulatory review period, viewed in the Division of Dockets extended for a period of up to 5 years while 782 days occurred during the Management between 9 a.m. and 4 p.m., so long as the patented item (human approval phase. These periods of time Monday through Friday. drug product, animal drug product, were derived from the following dates: medical device, food additive, or color 1. The date an exemption under Dated: April 15, 2011. additive) was subject to regulatory section 505(i) of the Federal Food, Drug, Jane A. Axelrad, review by FDA before the item was and Cosmetic Act (21 U.S.C. 355(i)) Associate Director for Policy, Center for Drug marketed. Under these acts, a product’s became effective: November 4, 2004. Evaluation and Research. regulatory review period forms the basis FDA has verified the applicant’s claim [FR Doc. 2011–13388 Filed 5–27–11; 8:45 am] for determining the amount of extension that the date the investigational new BILLING CODE 4160–01–P an applicant may receive. drug application became effective was A regulatory review period consists of on November 4, 2004. two periods of time: A testing phase and 2. The date the application was DEPARTMENT OF HEALTH AND an approval phase. For human initially submitted with respect to the HUMAN SERVICES biological products, the testing phase human biological product under section begins when the exemption to permit 351 of the Public Health Service Act (42 National Institutes of Health the clinical investigations of the U.S.C. 262): November 19, 2007. FDA Office of the Director Amended Notice biological becomes effective and runs has verified the applicant’s claim that of Meeting until the approval phase begins. The the biologics license application (BLA) approval phase starts with the initial for ACTEMRA (BLA 125276/0) was Notice is hereby given of a change in submission of an application to market initially submitted on November 19, the meeting of the Advisory Committee the human biological product and 2007. to the Director, National Institutes of

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Health (NIH), June 9, 2011, 9:30 a.m. to privacy professional, including review comment on the availability of June 10, 2011, 12 p.m., 31 Center Drive, of recent Privacy Act rulings, program technology to meet certain provisions of Building 31, C–Wing, Conference Room case studies, mapping to IT security the Cruise Vessel Security and Safety 6, Bethesda, MD, 20892 which was requirements, and developments in Act of 2010(CVSSA), specifically related published in the Federal Register on privacy compliance at the Department. to video recording and overboard May 13, 2011, 76 FR 28055. Individuals are invited to attend just detection technologies. The Notice of The open sessions of the Advisory one or both days. The workshop is open request for comments published with Committee to the Director, NIH, will be to the public and there is no fee for errors in the preamble, specifically, the held on June 9, 2011, 9:30 a.m. to attendance. addresses for submitting comments was 3:45 p.m. and June 10, 2011, 8:30 a.m. Registration and Security: In order to incorrect and should have directed to 12 p.m. The closed session of the facilitate security requirements of the commenters to http:// Advisory Committee to the Director, GSA facility, attendees must register in www.regulations.gov for online NIH, will be held on June 9, 2011, 4 advance for this workshop. Registration comment submissions, and to the p.m. to 5 p.m.. The meeting location closes at 9 a.m., Wednesday, June 22, ‘‘Docket Management Facility (M–30), remains the same. 2011. To register, please send an e-mail U.S. Department of Transportation, Dated: May 24, 2011. to [email protected], with West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Anna P. Snouffer, ‘‘PRIVComplianceWorkshop’’ in the subject line, and your full name and Washington, DC 20590–0001’’ for Deputy Director, Office of Federal Advisory mailing comments. Committee Policy. organizational affiliation in the body of the e-mail. Alternatively, you may call DATES: This correction is effective May [FR Doc. 2011–13353 Filed 5–27–11; 8:45 am] 703–235–0780 to register by providing 31, 2011. BILLING CODE 4140–01–P the Privacy Office with your full name FOR FURTHER INFORMATION CONTACT: For and organizational affiliation. information about this correction, All attendees who are employed by a contact Jennifer Mehaffey, Office of DEPARTMENT OF HOMELAND federal agency will be required to show Regulations and Administrative Law, SECURITY their federal agency employee photo (202) 372–3859, or by email at Office of the Secretary identification badge to enter the [email protected]. For building. Attendees who do not possess information about the original Public Workshop; Privacy Compliance a federal agency employee photo regulation, call or e-mail Lieutenant Basics and 2011 Developments identification badge will need to show Commander Latasha Pennant, Office of a form of government-issued photo Design and Engineering Standards (CG– AGENCY: Privacy Office, DHS. identification, such as a driver’s license, 5211), U.S. Coast Guard Headquarters, ACTION: Notice announcing public in order to verify their previously- by telephone at 202–372–1358, or by workshop. provided registration information. This e-mail at [email protected]. is a security requirement of the facility. SUPPLEMENTARY INFORMATION: In FR doc SUMMARY: The Department of Homeland The Privacy Office will only use your 2011–12988 appearing on page 30374 in Security Privacy Office will host a name for the security purposes of this the issue of Wednesday, May 25, 2011, ‘‘ public workshop, Privacy Compliance specific workshop and to contact you in the following corrections are made: Basics and 2011 Developments.’’ the event of a change to the workshop. 1. On page 30374, in the second DATES: The workshop will be held on Special Assistance: Persons with column, revise the ADDRESSES section, June 24 and 27, 2011, from 8:30 a.m. to disabilities who require special to read as follows: 4:30 p.m. assistance should indicate this in their ‘‘ADDRESSES: You may submit ADDRESSES: The workshop will be held admittance request and are encouraged comments identified by docket number in the auditorium at the DHS Offices at to identify anticipated special needs as USCG–2011–0357 using any one of the the GSA Regional Headquarters early as possible. following methods: Building located at 7th and D Streets, (1) Federal eRulemaking Portal: SW., Washington, DC 20024. Mary Ellen Callahan, http://www.regulations.gov. Chief Privacy Officer, Department of FOR FURTHER INFORMATION CONTACT: (2) Fax: 202–372–1925. Homeland Security. (3) Mail: Docket Management Facility Shannon Kelso, Privacy Office, (M–30), U.S. Department of Department of Homeland Security, [FR Doc. 2011–13415 Filed 5–27–11; 8:45 am] Transportation, West Building Ground Washington, DC 20528; by telephone BILLING CODE 9110–9L–P Floor, Room W12–140, 1200 New Jersey 703–235–0780; by facsimile 703–235– Avenue, SE., Washington, DC 20590– 0442; or by e-mail at [email protected]. DEPARTMENT OF HOMELAND 0001. SUPPLEMENTARY INFORMATION: The SECURITY (4) Hand delivery: Same as mail Department of Homeland Security address above, between 9 a.m. and (DHS) Privacy Office is holding a public Coast Guard 5 p.m., Monday through Friday, except workshop that will provide in-depth Federal holidays. The telephone number [Docket No. USCG–2011–0357] training on the privacy compliance is 202–366–9329. process at DHS. June 24 is a primer for Cruise Vessel Safety and Security Act To avoid duplication, please use only the new and developing privacy of 2010, Available Technology one of these four methods. See the professional, presenting baseline ‘‘Public Participation and Request for Federal privacy compliance AGENCY: Coast Guard, DHS. Comments’’ portion of the requirements including the Privacy Act ACTION: Notice of request for comments; SUPPLEMENTARY INFORMATION section of 1974, as amended, the E-Government correction. below for instructions on submitting Act of 2002, Office of Management and comments.’’ Budget memoranda, and other policy. SUMMARY: In the Federal Register 2. On page 30374, in the third June 27 consists of advanced published on May 25, 2011, the United column, revise the SUPPLEMENTARY presentations for the experienced States Coast Guard solicited public INFORMATION section, to read as follows:

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‘‘Public Participation and Request for Dated: May 25, 2011. South Pacific Tuna Treaty [SPTT]) to Comments Kathryn Sinniger, use foreign licensed personnel, except We encourage you to submit Office of Regulations and Administrative Law for the master, to meet manning comments and related material. All (CG–0943), U.S. Coast Guard. requirements. That authorization was comments received will be posted, [FR Doc. 2011–13437 Filed 5–27–11; 8:45 am] for a 48-month period and ended on without change, to http:// BILLING CODE 9110–04–P July 11, 2010. Section 904 of the 2010 www.regulations.gov and will include Coast Guard Authorization Act (CGAA, any personal information you have signed into law (Pub. L. 111–281) on provided. DEPARTMENT OF HOMELAND October 15, 2010) reauthorized the use Submitting comments: If you submit a SECURITY of foreign officers, excluding the master, comment, please include the docket on U.S.-documented purse seine vessels Coast Guard number for this notice (USCG–2011– in the Distant Water Tuna Fleet. The 0357) and provide a reason for each [Docket No. USCG–2010–1146] CGAA reauthorization added a safety comment or recommendation. You may examination requirement such that a submit your comments and material Safety Requirements and Manning vessel’s owner/operator may not employ online, or by fax, mail or hand delivery, Exemption Eligibility on Distant Water a foreign national to meet a manning but please use only one of these means. Tuna Fleet Vessels requirement unless it first successfully We recommend that you include your completes an annual dockside safety AGENCY: Coast Guard, DHS. name and a mailing address, an e-mail examination by an individual address, or a telephone number in the ACTION: Notice of availability. authorized to enforce part B of subtitle II of title 46, United States Code. body of your document so that we can SUMMARY: The Coast Guard announces contact you if we have questions Additionally, the 2010 CGAA also the availability of Office of Vessel amended Title 46 United States Code regarding your submission. Activities Policy Letter 11–05 regarding To submit your comment online, go to Section 4502 by establishing Distant Water Tuna Fleet vessels requirements for an individual in charge http://www.regulations.gov and type manning exemption eligibility and ‘‘ ’’ ‘‘ ’’ of a vessel to keep a record of USCG–2011–0357 in the Keyword safety requirements. This final policy box. If you submit your comments by equipment maintenance, and required clarifies the requirements to allow a instruction and drills, and for a vessel mail or hand delivery, submit them in distant water tuna fleet vessel to engage an unbound format, no larger than 81⁄2 to be issued a certificate of compliance foreign citizens under a temporary upon successfully completing a by 11 inches, suitable for copying and manning exemption. electronic filing. If you submit them by dockside safety examination. The mail and would like to know that they DATES: This policy will become effective reauthorization retained the restriction reached the Facility, please enclose a on July 1, 2011. that a foreign officer engaged to fill a stamped, self-addressed postcard or ADDRESSES: This notice and the policy position must hold a valid license or envelope. We will consider all are available in the docket and can be certificate issued in accordance with comments and material received during viewed by going to STCW 95 standards and by an authority the comment period. http://www.regulations.gov, inserting recognized by the Coast Guard. Also, the Viewing the comments and related USCG–2011–1146 in the ‘‘Keyword’’ manning exemption is only applicable material: To view the comments go to box, and then clicking ‘‘Search.’’ This to vessels operating in and out of http://www.regulations.gov, click on the material is also available for inspection America Samoa. The manning ‘‘read comments’’ box, which will then or copying at the Docket Management exemption reauthorization is set to become highlighted in blue. In the Facility (M–30), U.S. Department of expire December 31, 2012. ‘‘Keyword’’ box insert ‘‘USCG–2011– Transportation, West Building Ground Discussion of Summary of Comments 0357’’ and click ‘‘Search.’’ Click the Floor, Room W12–140, 1200 New Jersey Received and Changes ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Avenue, SE., Washington, DC 20590, column. If you do not have access to the between 9 a.m. and 5 p.m., Monday The Coast Guard published a Notice Internet, you may view the docket through Friday, except Federal of Availability and Request for online by visiting the Docket Holidays. This policy is also available at Comments on a draft policy; Safety Management Facility in Room W12–140 http://www.fishsafe.info/CG–543 Policy Requirements and Manning Exemption on the ground floor of the Department Letter 11–05. Eligibility on Distant Water Tuna Fleet of Transportation West Building, 1200 FOR FURTHER INFORMATION CONTACT: If Vessels in the Federal Register on New Jersey Avenue, SE., Washington, you have questions on this notice, call January 20, 2011 Docket Number DC 20590, between 9 a.m. and 5 p.m., or e-mail Jack A. Kemerer, Fishing [USCG–2010–1146]. We received Monday through Friday, except Federal Vessel Safety Division (CG–5433), U.S. comments from eight individuals in holidays. We have an agreement with Coast Guard; telephone 202–372–1249, response to the draft Safety the Department of Transportation to use e-mail [email protected]. If you Requirements and Manning Exemption the Docket Management Facility. Eligibility on Distant Water Tuna Fleet have questions on viewing or submitting 1 Privacy Act: Anyone can search the material to the docket, call Renee V. Vessels policy. A general summary of electronic form of comments received Wright, Program Manager, Docket the comments received and the United into any of our dockets by the name of Operations, telephone 202–366–9826. States Coast Guard’s responses to those the individual submitting the comment comments are presented below. (or signing the comment, if submitted Background and Purpose One commenter supported on behalf of an association, business, The Coast Guard Maritime eliminating the manning exemption labor union, etc.). You may review a Transportation Act (CGMTA) of 2006 permanently while seven commenters Privacy Act, system of records notice (section 421) authorized U.S.- 1 Although the comment period on the notice was regarding our public dockets in the documented purse seine vessels fishing set to close on February 22, 2011, the Coast Guard January 17, 2008, issue of the Federal for highly migratory species (under a was able to consider all comments submitted to the Register (73 FR 3316).’’ license issued pursuant to the 1987 docket prior to March 1, 2011.

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suggested they support the manning One commenter suggested the policy SUPPLEMENTARY INFORMATION: The notice exemption, at least to some extent. cannot be classified as an interpretive of a major disaster declaration for the Four commenters suggested the rule because the policy imposes State of Missouri is hereby amended to timely notice requirement for engaging additional duties and requirements. The include the following areas among those foreign officers is too burdensome or Coast Guard disagrees; any additional areas determined to have been adversely impracticable. The Coast Guard agrees duties and requirements may be traced affected by the event declared a major in some cases that a timely advance to the statutory exemption. For instance, disaster by the President in his notice of a vacancy may be the law requires that there be non- declaration of May 9, 2011. impracticable. The Coast Guard has availability of United States licensed Cape Girardeau, Howell, McDonald, revised its final policy guidance under workers; this policy describes the means Pulaski, Ripley, Scott, Stoddard, and Stone 6.(a)(v) to include the wording ‘‘to the by which a DWTF vessel owner/ Counties for Individual Assistance. extent practicable.’’ However, since operator may demonstrate such non- (The following Catalog of Federal Domestic licensed positions often have contracts availability, namely by recounting the Assistance Numbers (CFDA) are to be used associated with them, it is reasonable good faith efforts made to locate and for reporting and drawing funds: 97.030, for an owner/operator to have an idea hire United States licensed mariners. Community Disaster Loans; 97.031, Cora when a position may become vacant and However, in response to this comment, Brown Fund; 97.032, Crisis Counseling; to advertise appropriately. The Coast 97.033, Disaster Legal Services; 97.034, the Coast Guard reduced some of the Disaster Unemployment Assistance (DUA); Guard considered timely notice further information requested in the draft and reduced the position vacancy 97.046, Fire Management Assistance Grant; policy, including wages, benefits, and 97.048, Disaster Housing Assistance to announcement from 60 days to 30 days Department of Labor worker codes. Individuals and Households in Presidentially for a position becoming available. The final policy lists an additional Declared Disaster Areas; 97.049, Five commenters suggested qualified item under Guidance 6 a.(vii) not listed Presidentially Declared Disaster Assistance— U.S.-licensed mariners are hard to find, in the draft policy that requires the Disaster Housing Operations for Individuals while one commenter suggested the owner/operator to make a written and Households; 97.050, Presidentially exemption was meant only for vessels agreement with each seaman employed Declared Disaster Assistance to Individuals working from American Samoa, and and Households—Other Needs; 97.036, on the vessel, on a voyage from a port Disaster Grants—Public Assistance temporary so owners could train U.S. in the United States. This existing legal citizens to fill officer vacancies. The (Presidentially Declared Disasters); 97.039, requirement can be found in Title 46 Hazard Mitigation Grant.) Coast Guard agrees that the temporary United States Code § 10601 (Fishing exemption is a recognition of the Agreements), and was added to the W. Craig Fugate, difficulty DWTF vessel owners/ policy to aid in compliance. Administrator, Federal Emergency operators have historically dealt with This notice is issued under the Management Agency. when seeking to find qualified U.S.- authority of 5 U.S.C. 552(a). [FR Doc. 2011–13457 Filed 5–27–11; 8:45 am] licensed mariners, but notes that the BILLING CODE 9111–23–P temporary exemption represents an Dated: May 20, 2011. additional opportunity for DWTF vessel Kevin S. Cook, owners/operators to develop capacity Rear Admiral, U.S. Coast Guard, Director of DEPARTMENT OF HOMELAND and skills of United States mariners to Prevention Policy. SECURITY fill licensed positions on those vessels. [FR Doc. 2011–13319 Filed 5–27–11; 8:45 am] Two commenters supported at least BILLING CODE 9110–04–P Federal Emergency Management annual port calls in American Samoa Agency while two commenters did not support requiring port calls in American Samoa. DEPARTMENT OF HOMELAND [Internal Agency Docket No. FEMA–1966– The Coast Guard maintains that at least SECURITY DR; Docket ID FEMA–2011–0001] one annual port call in American Samoa Wisconsin; Amendment No. 2 to Notice shall occur if foreign licensed mariners Federal Emergency Management of a Major Disaster Declaration are sought and utilized on a United Agency States flagged DWTF vessel, as the AGENCY: Federal Emergency manning exemption is only applicable [Internal Agency Docket No. FEMA–1980– Management Agency, DHS. DR; Docket ID FEMA–2011–0001] to vessels operating in and out of ACTION: Notice. America Samoa. One commenter supported adding Missouri; Amendment No. 1 to Notice SUMMARY: This notice amends the notice Taiwan to the list of acceptable of a Major Disaster Declaration of a major disaster declaration for the countries listed in the International AGENCY: Federal Emergency State of Wisconsin (FEMA–1966–DR), Maritime Organizations (IMO’s) so Management Agency, DHS. dated April 5, 2011, and related called ‘‘White List.’’ This comment is determinations. outside of the scope of the policy ACTION: Notice. DATES: Effective Date: May 20, 2011. announced in this policy letter, as the SUMMARY: This notice amends the notice United States cannot on its own revise FOR FURTHER INFORMATION CONTACT: of a major disaster declaration for the Peggy Miller, Office of Response and the IMO ‘‘White List’’. State of Missouri (FEMA–1980–DR), One commenter offered alternative Recovery, Federal Emergency dated May 9, 2011, and related Management Agency, 500 C Street, SW., proposals to demonstrate non- determinations. availability of U.S. Officers. The Coast Washington, DC 20472, (202) 646–3886. Guard, on a case-by-case basis, may DATES: Effective Date: May 20, 2011. SUPPLEMENTARY INFORMATION: The notice consider alternative approaches in FOR FURTHER INFORMATION CONTACT: of a major disaster declaration for the demonstrating non-availability if the Peggy Miller, Office of Response and State of Wisconsin is hereby amended to approach demonstrates that the vessel Recovery, Federal Emergency include the following area among those owner/operator satisfies the Management Agency, 500 C Street, SW., areas determined to have been adversely requirements of the law. Washington, DC 20472, (202) 646–3886. affected by the event declared a major

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disaster by the President in his for reporting and drawing funds: 97.030, proposed and/or continuing information declaration of April 5, 2011. Community Disaster Loans; 97.031, Cora collections pursuant to the Paperwork Brown Fund; 97.032, Crisis Counseling; Walworth County for emergency protective Reduction Act of 1995 (Pub. L. 104–13; 97.033, Disaster Legal Services; 97.034, 44 U.S.C. 3505(c)(2)). The comments measures [Category B], including snow Disaster Unemployment Assistance (DUA); assistance, under the Public Assistance 97.046, Fire Management Assistance Grant; should address: (a) Whether the program for an additional 24-hour period 97.048, Disaster Housing Assistance to collection of information is necessary during or proximate to the incident period Individuals and Households In Presidentially for the proper performance of the (already designated for Public Assistance and Declared Disaster Areas; 97.049, functions of the agency, including emergency protective measures [Category B], Presidentially Declared Disaster Assistance— whether the information shall have including snow assistance, under the Public Disaster Housing Operations for Individuals Assistance program for any continuous practical utility; (b) the accuracy of the and Households; 97.050, Presidentially 48-hour period during or proximate to the agency’s estimates of the burden of the incident period). Declared Disaster Assistance to Individuals collection of information; (c) ways to and Households—Other Needs; 97.036, enhance the quality, utility, and clarity (The following Catalog of Federal Domestic Disaster Grants—Public Assistance Assistance Numbers (CFDA) are to be used (Presidentially Declared Disasters); 97.039, of the information to be collected; (d) for reporting and drawing funds: 97.030, Hazard Mitigation Grant.) ways to minimize the burden including Community Disaster Loans; 97.031, Cora the use of automated collection Brown Fund; 97.032, Crisis Counseling; W. Craig Fugate, techniques or the use of other forms of 97.033, Disaster Legal Services; 97.034, Administrator, Federal Emergency information technology; and (e) the Disaster Unemployment Assistance (DUA); Management Agency. 97.046, Fire Management Assistance Grant; annual costs burden to respondents or 97.048, Disaster Housing Assistance to [FR Doc. 2011–13455 Filed 5–27–11; 8:45 am] record keepers from the collection of Individuals and Households in Presidentially BILLING CODE 9111–23–P information (a total capital/startup costs Declared Disaster Areas; 97.049, and operations and maintenance costs). Presidentially Declared Disaster Assistance— The comments that are submitted will Disaster Housing Operations for Individuals DEPARTMENT OF HOMELAND be summarized and included in the CBP and Households; 97.050, Presidentially SECURITY request for Office of Management and Declared Disaster Assistance to Individuals Budget (OMB) approval. All comments and Households—Other Needs; 97.036, U.S. Customs And Border Protection Disaster Grants—Public Assistance will become a matter of public record. (Presidentially Declared Disasters); 97.039, Agency Information Collection In this document CBP is soliciting Hazard Mitigation Grant.) Activities: Crewman’s Landing Permit comments concerning the following information collection: W. Craig Fugate, AGENCY: U.S. Customs and Border Title: Alien Crewman Landing Permit. Administrator, Federal Emergency Protection, Department of Homeland Management Agency. OMB Number: 1651–0114. Security. Form Number: Form I–95. [FR Doc. 2011–13456 Filed 5–27–11; 8:45 am] ACTION: 60-Day notice and request for Abstract: CBP Form I–95, Crewman’s BILLING CODE 9111–23–P comments; extension of an existing Landing Permit, is prepared and collection of information: 1651–0114. presented to CBP by the master or agent of vessels and aircraft arriving in the DEPARTMENT OF HOMELAND SUMMARY: As part of its continuing effort SECURITY United States for alien crewmen to reduce paperwork and respondent applying for landing privileges. This burden, CBP invites the general public Federal Emergency Management form is provided for by 8 CFR 251.1(c) and other Federal agencies to comment Agency which states that, with certain on an information collection exceptions, the master, captain, or agent [Docket ID FEMA–2011–0001; Internal requirement concerning the: Crewman’s shall present this form to CBP for each Agency Docket No. FEMA–1976–DR] Landing Permit (CBP Form I–95). This nonimmigrant alien crewman on board. request for comment is being made In addition, pursuant to 8 CFR 252.1(e), Kentucky; Amendment No. 6 to Notice pursuant to the Paperwork Reduction of a Major Disaster Declaration CBP Form I–95 serves as the physical Act of 1995 (Pub. L. 104–13; 44 U.S.C. evidence that an alien crewmember has AGENCY: Federal Emergency 3505(c)(2)). been granted a conditional permit to Management Agency, DHS. DATES: Written comments should be land temporarily, and it is also a ACTION: Notice. received on or before August 1, 2011, to prescribed registration form under 8 be assured of consideration. CFR 264.1 for crewmen arriving by SUMMARY: This notice amends the notice ADDRESSES: Direct all written comments vessel or air. CBP Form I–95 is of a major disaster declaration for the to U.S. Customs and Border Protection, authorized by Section 252 of the Commonwealth of Kentucky (FEMA– Attn: Tracey Denning, Regulations and Immigration and Nationality Act 1976–DR), dated May 4, 2011, and Rulings, Office of International Trade, (8 U.S.C. 1282) and is accessible at related determinations. 799 9th Street, NW., 5th Floor, http://forms.cbp.gov/pdf/ DATES: Effective date: May 20, 2011. Washington, DC 20229–1177. CBP_Form_I95.pdf. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Current Actions: This submission is Peggy Miller, Office of Response and Requests for additional information being made to extend the expiration Recovery, Federal Emergency should be directed to Tracey Denning, date with no change to the burden hours Management Agency, 500 C Street, SW., U.S. Customs and Border Protection, or to this collection of information. Washington, DC 20472, (202) 646–3886. Regulations and Rulings, Office of Type of Review: Extension (without SUPPLEMENTARY INFORMATION: Notice is International Trade, 799 9th Street, change). hereby given that the incident period for NW., 5th Floor, Washington, DC 20229– Affected Public: Businesses. this disaster is closed effective May 20, 1177, at 202–325–0265. Estimated Number of Respondents: 2011. SUPPLEMENTARY INFORMATION: CBP 433,000. (The following Catalog of Federal Domestic invites the general public and other Total Number of Estimated Annual Assistance Numbers (CFDA) are to be used Federal agencies to comment on Responses: 433,000.

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Estimated time per Response: 5 assembled in the United States from body, axles, and wheels. The TCE is then minutes. parts made in the United States, Turkey, assembled in the U.S. from both imported Estimated Total Annual Burden Switzerland, Hungary, Japan, Germany, and U.S.-origin components. Hours: 35,939. Canada, the United Kingdom, and A Bill of Materials was submitted with the request. Apart from the glider, parts for the Dated: May 24, 2011. various other countries is substantially TCE are also imported from Switzerland, Tracey Denning, transformed in the United States, such Hungary, Japan, Germany, Canada, the that the United States is the country of Agency Clearance Officer, U.S. Customs and United Kingdom, and various other Border Protection. origin of the finished article for countries. According to the submission, the purposes of U.S. Government TCE vehicle is composed of 31 components, [FR Doc. 2011–13302 Filed 5–27–11; 8:45 am] procurement. of which 14 are of U.S.-origin. For purposes BILLING CODE 9111–14–P Section 177.29, Customs Regulations of this decision, we assume that the (19 CFR 177.29), provides that notice of components of U.S. origin are produced in final determinations shall be published the U.S. or are substantially transformed in DEPARTMENT OF HOMELAND the U.S. and considered products of the U.S. SECURITY in the Federal Register within 60 days The U.S. assembly occurs at various of the date the final determination is stations. The assembly stations at AM U.S. Customs and Border Protection issued. Section 177.30, Customs General, the manufacturing subcontractor, Regulations (19 CFR 177.30), provides are described as follows: Notice of Issuance of Final that any party-at-interest, as defined in Station 0: A visual quality inspection of the Determination Concerning the Transit 19 CFR 177.22(d), may seek judicial glider is performed and the materials Connect Electric Vehicle review of a final determination within necessary for assembly are delivered to the 30 days of publication of such proper stations. AGENCY: U.S. Customs and Border determination in the Federal Register. Station 1: A Vehicle Identification Number Protection, Department of Homeland is assigned. Holes are drilled into the glider Security. Dated: May 24, 2011. and brackets are installed to support the battery pack and other electric assembly ACTION: Notice of final determination. Sandra L. Bell, Executive Director, Regulations and Rulings, components. The fuel door of the glider is SUMMARY: This document provides Office of International Trade. removed, assembled into a charge port, and the charge port is installed. The cab wiring Attachment notice that U.S. Customs and Border harnesses and instrument clusters are Protection (‘‘CBP’’) has issued a final HQ H155115 removed and replaced with U.S. origin cab determination concerning the country of wiring harnesses and Hungarian instrument origin of the Transit Connect Electric May 24, 2011 OT:RR:CTF:VS H155115 BGK clusters appropriate for electric vehicles. The Vehicle. Based upon the facts presented, CATEGORY: Marking low-voltage battery is removed. CBP has concluded in the final Station 2: A U.S.-origin battery pack, U.S. Scott T. Harrison engine bay wiring harness, German power determination that the United States is Chief Executive Officer the country of origin of the vehicle for steering pump and motor, German battery Azure Dynamics Corporation coolant pump heater, and Turkish power purposes of U.S. Government 14925 W 11 Mile Road steering lines are installed. Four Oak Park, MI 48237 procurement. subassemblies, which previously are DATES: The final determination was RE: Government Procurement; Country of assembled at four substations using certain Origin of Electric Vehicles; Substantial U.S. and foreign components, are also issued on May 24, 2011. A copy of the Transformation final determination is attached. Any assembled and installed: Cooling pack Dear Mr. Harrison: party-at-interest, as defined in 19 CFR subassembly, hoses assembly, high voltage This is in response to your letter, dated junction box assembly, and traction 177.22(d), may seek judicial review of March 16, 2011, as amended April 6, 2011, assembly. this final determination on or before and April 7, 2011, requesting a final The cooling pack subassembly involves the June 30, 2011. determination on behalf of Azure Dynamics removal of the condenser from the radiator FOR FURTHER INFORMATION CONTACT: (Azure), pursuant to subpart B of 19 C.F.R. included with the glider and the replacement Barbara Kunzinger, Valuation and part 177. of the radiator included with glider with a Special Programs Branch: (202) 325– Under these regulations, which implement Canadian radiator that is compatible with Title III of the Trade Agreements Act of 1979, 0359. electric vehicles. U.S. hoses are then as amended (19 U.S.C. 2511 et seq.), U.S. installed onto the radiator. SUPPLEMENTARY INFORMATION: Notice is Customs and Border Protection (CBP) issues The hoses subassembly involves measuring hereby given that on May 24, 2011, country of origin advisory rulings and final and cutting U.S.-origin coolant hoses and pursuant to subpart B of part 177, determinations as to whether an article is or installing U.S.-origin hoses clips to the hoses. Customs Regulations (19 CFR part 177, would be a product of a designated country The high voltage junction box subassembly or instrumentality for the purpose of granting involves integrating a Canadian active subpart B), CBP issued a final waivers of certain ‘‘Buy American’’ determination concerning the country of discharge unit with various U.S. and foreign restrictions in U.S. law or practice for origin vent plugs, mounting studs, internal origin of the Transit Connect Electric products offered for sale to the U.S. harnesses, fuses and a fuse holder, and Vehicle which may be offered to the Government. various cables. U.S. Government under an This final determination concerns the The traction subassembly involves the undesignated procurement contract. country of origin of the Transit Connect assembly of a U.S. origin motor controller This final determination, in HQ Electric Vehicle (TCE). We note that Azure, (manufactured by Azure at a different plant H155115, was issued at the request of the U.S. importer and manufacturer, is a and referred to as the Force Drive electric party-at-interest within the meaning of 19 Azure Dynamics under procedures set powertrain), a U.S. origin gearbox, a German C.F.R. 177.22(d)(1) and is entitled to request electric motor, a German origin vacuum forth at 19 CFR part 177, subpart B, this final determination under 19 C.F.R. which implements Title III of the Trade pump, a Swiss charger, a Japanese AC 177.23(a). compressor, and a Japanese DC–DC Agreements Act of 1979, as amended FACTS: converter. (19 U.S.C. 2511–18). In the final Azure purchases and imports a Transit Station 3: Multiple quality control determination, CBP concluded that, Connect glider from Turkey. A glider is a inspections are performed. Various brackets, based upon the facts presented, the non-functional base without a powertrain or gaskets, nuts and bolts, and cords and wires Transit Connect Electric Vehicle, exhaust components, and consists of a frame, are installed. The original-low voltage battery

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is re-installed, along with the U.S. origin integral part of the new article. Belcrest operations performed in the U.S. to produce vehicle control unit, a German driveshaft, Linens v. United States, 573 F. Supp. 1149 an electric mini-truck. The decision was and a Japanese heater assembly. (Ct. Int’l Trade 1983), aff’d, 741 F.2d 1368 based on the fact that, under the described Station 4: The coolant, power steering, and (Fed. Cir. 1984). The country of origin of the assembly process, the imported glider lost its windshield washer reservoirs are filled. A item’s components, extent of the processing individual identity and became an integral functional electric test, a diagnostic test, and that occurs within a country, and whether part of a new article possessing a new name, a complete system check are performed. such processing renders a product with a character, and use. In addition, a substantial Other various parts, including a new name, character, and use are primary number of the components added to the potentiometer to the heater blend door, a data considerations in such cases. Assembly imported glider were of U.S. origin. The link control wiring harness, and a brake operations that are minimal or simple, as sensor to the brake petal, are installed, and opposed to complex or meaningful, will glider was assembled with approximately 87 a tire inflation kit, labels, books, and manuals generally not result in a substantial different components, 68 of which were of are added to the vehicle. transformation. See C.S.D. 80–111, C.S.D. 85– U.S. origin. The batteries, charger, and gear Station 5: A tire pressure check, wheel 25, C.S.D. 89–110, C.S.D. 89–118, C.S.D. 90– box were of U.S. origin, and other major alignment, headlight aiming, brake test, 51, and C.S.D. 90–97. Whether an operation parts, including the electric motor and battery charge, road test, and underbody is complex and meaningful depends on the brakes, were of foreign origin. check are performed. nature of the operation, including the As stated in HRL H022169 (citing HRL ISSUE: number of components assembled, number of 731076, dated November 1, 1988), CBP different operations, time, skill level What is the country of origin of the subject considers the manufacture of an automobile required, attention to detail, quality control, TCE vehicles for purposes of U.S. more than a mere simple assembly operation. the value added to the article, and the overall Government procurement? The assembly process here is complex and employment generated by the manufacturing LAW AND ANALYSIS: time-consuming and involves a significant process. U.S. contribution, in both parts and labor. Pursuant to subpart B of part 177, 19 C.F.R You claim that the U.S. assembly The components used to power the vehicle § 177.21 et seq., which implements Title III operations, along with the value of the U.S. are assembled together in the U.S., and then of the Trade Agreements Act of 1979, as origin contributions (labor and components), incorporated into the vehicle in the U.S. For amended (19 U.S.C. § 2511 et seq.), CBP results in a substantial transformation of the issues country of origin advisory rulings and imported parts, and warrants a determination example, the U.S.-origin battery pack, motor final determinations as to whether an article that the U.S. is the country of origin for controller, and wiring harnesses are all is or would be a product of a designated purposes of U.S. Government procurement. critical components for the operation of the country or instrumentality for the purpose of You also note that ‘‘the 16 foreign electric vehicle. Furthermore, in HRLs granting waivers of certain ‘‘Buy American’’ components used in the assembly of the TCE H118435, H133455, and H022169, it was restrictions in U.S. law or practice for vehicle cannot function alone and must be found that the assembly of the U.S. and products offered for sale to the U.S. assembled with the U.S.-origin parts in order imported components was necessary for the Government. to constitute a working TCE vehicle.’’ You vehicles to function, and that the assembly Under the rule of origin set forth under 19 cite Headquarters Ruling Letter (HRL) resulted in a substantial transformation. We U.S.C. § 2518(4)(B): H022169, dated May 2, 2008, and HRL find the same to be true in this case. The An article is a product of a country or H118435; dated October 13, 2010, in support glider and other components cannot function instrumentality only if (i) it is wholly the of your argument. as an electric vehicle on their own. growth, product, or manufacture of that In HRL H118435, the U.S. was determined Therefore, based on the information country or instrumentality, or (ii) in the case to be the country of origin for purposes of discussed and the rulings cited, we find that of an article which consists in whole or in U.S. Government procurement for a line of the assembly of the glider and other part of materials from another country or electric golf and recreational vehicles. In that components of various origins constitutes a instrumentality, it has been substantially case, the chassis, plastic body parts, and substantial transformation and results in an transformed into a new and different article various miscellaneous pieces of plastic trim article with a new name, character, and use, of commerce with a name, character, or use were imported into the U.S. from China and such that the country of origin for the TCE distinct from that of the article or articles assembled with U.S.-origin battery packs, vehicle is the U.S. for purposes of U.S. motors, electronics, wiring assemblies, seats, from which it was so transformed. Government procurement. See also 19 C.F.R § 177.22(a). and chargers. The vehicles were composed of approximately 53 to 62 components, of HOLDING: In rendering advisory rulings and final which between 12 and 17 were of U.S. origin. Based on the facts of this case, the country determinations for purposes of U.S. HRL H118435 held that none of the imported of origin of the TCE vehicle is the United Government procurement, CBP applies the parts could function as an electric vehicle on States for purposes of U.S. Government provisions of subpart B of Part 177 consistent their own and needed to be assembled with procurement. with the Federal Procurement Regulations. other necessary U.S. components. See 19 C.F.R. § 177.21. In this regard, CBP Notice of this final determination will be Additionally, it was held that given the given in the Federal Register as required by recognizes that the Federal Procurement complexity and duration of the U.S. Regulations restrict the U.S. Government’s 19 C.F.R. § 177.29. Any party-at-interest other manufacturing process, the operations were than the party which requested this final purchase of products to U.S.-made or more than mere assembly. It was determined designated country end products for determination may request, pursuant to 19 that a substantial transformation occurred, C.F.R. § 177.31 that CBP reexamine the acquisitions subject to the TAA. See 48 and further, the critical components to matter anew and issue a new final C.F.R. § 25.403(c)(1). The Federal making an electric vehicle—battery pack, determination. Pursuant to 19 C.F.R. Procurement Regulations, 48 C.F.R. § 25.003, motor, electronics, wiring assemblies, and ‘‘ ’’ § 177.30, lany party-at-interest may, within define U.S.-made end product as: charger—were of U.S.-origin. The same [A]n article that is mined, produced, or conclusion was reached in HRL H133455, 30 days of publication of the Federal Register manufactured in the United States or that is dated December 9, 2010, in which a chassis Notice referenced above, seek judicial review substantially transformed in the United and various parts were imported from China of this final determination before the Court States into a new and different article of to be combined with U.S.-origin battery of International Trade. commerce with a name, character, or use packs, motors, electronics, wiring assemblies, Sincerely, distinct from that of the article or articles seats, and chargers. The ratio of imported Sandra L. Bell from which it was transformed. components to U.S.-made components Executive Director In determining whether the combining of varied, but the assembly process was the Office of Regulations and Rulings parts or materials constitutes a substantial same. Office of International Trade transformation, the determinative issue is the In HRL H022169, CBP found that an extent of operations performed and whether imported mini-truck glider was substantially [FR Doc. 2011–13384 Filed 5–27–11; 8:45 am] the parts lose their identity and become an transformed as a result of assembly BILLING CODE P

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DEPARTMENT OF HOUSING AND information technology, e.g., permitting Dated: May 24, 2011. URBAN DEVELOPMENT electronic submission of responses. Ronald Y. Spraker, This Notice also lists the following Associate General Assistant Secretary for [Docket No. FR–5484–N–17] information: Housing. [FR Doc. 2011–13292 Filed 5–27–11; 8:45 am] Notice of Proposed Information Title of Proposal: Congregate Housing Collection: Comment Request; Services Program. BILLING CODE 4210–67–P Congregate Housing Services Program OMB Control Number: 2502–0485. AGENCY: Office of the Assistant Description of the need for the DEPARTMENT OF HOUSING AND Secretary for Housing, Federal Housing information and proposed use: URBAN DEVELOPMENT Commissioner, HUD. • Completion of the Annual Report [Docket No. FR 5481–N–05] ACTION: Notice. by grantees provides HUD with essential Notice of Proposed Information information about whom the grant is SUMMARY: The proposed information Collection for Public Comment; serving and what sort of services the collection requirement described below Technical Assistance Experience, beneficiaries receive using grant funds. will be submitted to the Office of Expertise, and Awards Received Management and Budget (OMB) for • The Summary Budget and the Matrices review, as required by the Paperwork Annual Program Budget make up the Reduction Act. The Department is budget of the grantee’s annual extension AGENCY: Office of the Community soliciting public comments on the request. Together the forms provide Planning and Development. subject proposal. itemized expenses for anticipated ACTION: Notice of proposed information collection. DATES: Comments Due Date: August 1, program costs and a matrix of budgeted yearly costs. The budget forms show the 2011. SUMMARY: The proposed information services funded through the grant and ADDRESSES: Interested persons are collection requirement described below invited to submit comments regarding demonstrate how matching funds, will be submitted to the Office of this proposal. Comments should refer to participant fees, and grant funds will be Management and Budget (OMB) for the proposal by name and/or OMB used in tandem to operate the grant review, as required by the Paperwork Control Number and should be sent to: program. Field staff approve the annual Reduction Act. The Department is Colette Pollard, Reports Management budget and request annual extension soliciting public comments on the Officer, Department of Housing and funds according to the budget. Field subject proposal. staff can also determine if grantees are Urban Development, 451 7th Street, DATES: Comments Due Date: August 1, meeting statutory and regulatory SW., L’Enfant Building, Room 8202, 2011. Washington, DC 20410; telephone (202) requirements through the evaluation of this budget. ADDRESSES: Interested persons are 708–5221 (this is not a toll-free number) invited to submit comments regarding • for copies of the proposed forms and HUD will use the Payment Voucher this proposal. Comments should refer to other available information. to monitor use of grant funds for eligible the proposal by name/or OMB Control FOR FURTHER INFORMATION CONTACT: For activities over the term of the grant. The number and should be sent to: Rudene copies of the proposed forms and other Grantee may similarly use the Payment Thomas, Office of Community Planning available information contact Carissa Voucher to track and record their and Development, Department of Janis, Office of Housing Assistance and requests for payment reimbursement for Housing and Urban Development, 451 Grants Administration, by telephone at grant-funded activities. 7th Street, SW., Room 7233, 202–402–2487. (This is not a toll-free Agency Form Numbers, if applicable: Washington, DC 20410–5000. number.) HUD–90006, ‘‘Congregate Housing FOR FURTHER INFORMATION CONTACT: Ann SUPPLEMENTARY INFORMATION: The Services Program Annual Reporting Marie Oliva, Director, Office of Special Department is submitting the proposed Form’’, HUD–91180–A, ‘‘Summary Needs Assistance Programs, Office of information collection to OMB for Budget Grantee’’, HUD91178–A ‘‘Annual Community Planning and Development, review, as required by the Paperwork Program Budget’’, and HUD90198, ‘‘Line Department of Housing and Urban Reduction Act of 1995 (44 U.S.C. of Credit Control System (LOCCS)/Voice Development, 451 7th Street, SW., Chapter 35, as amended). Response System (VRS) Congregate Room 7262, Washington, DC 20410; The Notice is soliciting comments Housing Services Program Payment telephone (202) 708–1590 (This is not a from members of the public and affected Voucher’’. toll-free number). agencies concerning the proposed Estimation of the total numbers of SUPPLEMENTARY INFORMATION: The collection of information to: (1) Evaluate hours needed to prepare the information Department will submit the proposed whether the proposed collection is collection including number of information collection to OMB for necessary for the proper performance of respondents, frequency of response, and review, as required by the Paperwork the functions of the agency, including hours of response: The number of Reduction Act of 1995 (44 U.S.C. whether the information will have burden hours is 687.5. The number of chapter 35, as amended). This Notice is practical utility; (2) Evaluate the respondents is 55; the number of soliciting comments from members of accuracy of the agency’s estimate of the responses is 440; the frequencies of the public and affected agencies burden of the proposed collection of response are quarterly, semi-annually, concerning the proposed collection of information; (3) Enhance the quality, and annually, and the burden hour per information to: (1) Evaluate whether the utility, and clarity of the information to response is 2. proposed collection of information is be collected; and (4) Minimize the necessary for the proper performance of burden of the collection of information Status of the proposed information the functions of the agency, including on those who are to respond; including collection: Reinstatement, with change. whether the information will have the use of appropriate automated Authority: The Paperwork Reduction Act practical utility; (2) evaluate the collection techniques or other forms of of 1995, 44 U.S.C., Chapter 35, as amended. accuracy of the agency’s estimate of the

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burden of the proposed collection of DEPARTMENT OF THE INTERIOR and critical. This information will be information; (3) enhance the quality, published as chapters in Minerals utility, and clarity of the information to U.S. Geological Survey Yearbook, monthly Mineral Industry be collected; and (4) minimize the [USGS–GX11LR000F60100] Surveys, annual Mineral Commodity burden of the collection of information Summaries, and special publications, on those who are to respond, including Agency Information Collection for use by Government agencies, through the use of appropriate Activities: Comment Request for the industry, education programs, and the automated collection techniques or Ferrous Metals Surveys general public. other forms of information technology, AGENCY: U.S. Geological Survey (USGS), II. Data e.g., permitting electronic submission of Interior. OMB Control Number: 1028–0068. responses. ACTION: Notice of a revision of a Form Number: Various (17 forms). This Notice Also Lists the Following currently approved information Title: Ferrous Metals Surveys. Information: collection (1028–0068). Type of Request: Revision of a Title of Proposal: Technical currently approved collection. SUMMARY: To comply with the Affected Public: Private sector: U.S. Assistance Experience, Expertise, and Paperwork Reduction Act of 1995 nonfuel minerals producers of ferrous Awards Received Matrices. Description (PRA), we are notifying the public that and related metals. of the need for the information we have submitted to the Office of Respondent Obligation: Voluntary. proposed: The Technical Assistance Management and Budget (OMB) an Frequency of Collection: Monthly and Experience, Expertise, and Awards information collection request (ICR) for annually. Received Matrices will allow the Office the revision of the currently approved Estimated Number of Annual of Special Needs Assistance Programs to paperwork requirements for the Ferrous Responses: 3,201. accurately assess the experience, Metals Surveys. This collection consists Annual Burden Hours: 1,660 hours. expertise, and overall capacity of of 17 forms. This notice provides the We expect to receive 3,201 annual applicants applying for technical public and other Federal agencies an responses. We estimate an average of assistance funding under the FY2011 opportunity to comment on the nature 10 minutes to 1 hour per response. McKinney-Vento Technical Assistance of this collection which is scheduled to Estimated Reporting and (MV–TA) Notice of Funding Availability expire on May 31, 2011. Recordkeeping ‘‘Non-Hour Cost’’ (NOFA). The new format for this type of DATES: Please submit your comments on Burden: We have not identified any collection also makes it easier for or before June 30, 2011. ‘‘non-hour cost’’ burdens associated with applicants to apply by reducing the time ADDRESSES: Please submit written this collection of information. required for filling out an application, comments on this ICR to the OMB III. Request for Comments while retaining the utility of previous Office of Regulatory Affairs, Attention: On February 22, 2011, we published Desk Officer for the Department of the collection methods. a Federal Register Notice (76 FR 9810) Interior via e-mail to Members of the affected public: announcing that we would submit this [email protected] or fax at 202– Private for-profit, not-for-profit, and ICR to OMB for approval and soliciting 395–5806; and reference Information public entities applying for funding as comments. The comment period closed Collection 1028–0068 in the subject technical assistance providers under the on April 21, 2011. We did not receive line. Please also submit a copy of your FY2011 MV–TA NOFA. any comments in response to that comments to Phadrea Ponds, Estimation of the total number of notice. Information Collection Clearance We again invite comments concerning hours needed to prepare the information Officer, U.S. Geological Survey, 2150–C this ICR on: (a) Whether the proposed collection including number of Centre Avenue, Fort Collins, CO 80526– collection of information is necessary respondents, frequency of response, and 8118 (mail); 970–226–9230 (fax); or × for the agency to perform its duties, hours of response: 10 applicants 480 [email protected] (e-mail); and reference including whether the information is minutes per response = 4,800 total Information Collection 1028–0068 in the useful; (b) the accuracy of the agency’s minutes or 80 hours. subject line. estimate of the burden of the proposed Status of proposed information FOR FURTHER INFORMATION CONTACT: To collection of information; (c) how to collection: New collection. request additional information about enhance the quality, usefulness, and this ICR, contact Carleen Kostick at 703– Authority: Section 3506 of the Paperwork clarity of the information to be 648–7940 (telephone); collected; and (d) how to minimize the Reduction act of 1995, 44 U.S.C. Chapter 35, [email protected] (e-mail); or by mail at as amended. burden on the respondents, including U.S. Geological Survey, 985 National the use of automated collection Dated: May 20, 2011. Center, 12201 Sunrise Valley Drive, techniques or other forms of information Clifford D. Taffet, Reston, VA 20192. To see a copy of the technology. General Deputy Assistant, Secretary for entire ICR submitted to OMB, go to Please note that the comments Community Planning and Development. http://www.reginfo.gov (Information submitted in response to this notice are [FR Doc. 2011–13291 Filed 5–27–11; 8:45 am] Collection Review, Currently under a matter of public record. Before Review). BILLING CODE 4210–67–P including your address, phone number, SUPPLEMENTARY INFORMATION: e-mail address, or other personal identifying information in your I. Abstract comment, you should be aware that Respondents use these forms to your entire comment, including your supply the USGS with domestic personal identifying information, may consumption data of 13 ores, be made publicly available at anytime. concentrates, metals, and ferroalloys, While you can ask OMB in your some of which are considered strategic comment to withhold your personal

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identifying information from public collection and the estimated burden and FOR FURTHER INFORMATION CONTACT: To review, we cannot guarantee that it will cost. This ICR is scheduled to expire on request additional information about be done. May 31, 2011. We may not conduct or this ICR, contact John Renaud by mail USGS Information Collection sponsor and a person is not required to or e-mail (see ADDRESSES) or by Clearance Officer: Phadrea Ponds 970– respond to a collection of information telephone at (202) 354–2066. You may 226–9445. unless it displays a currently valid OMB review the ICR online at http:// control number. However, under OMB www.reginfo.gov. Follow the Dated: May 23, 2011. regulations, we may continue to instructions to review Department of the John H. DeYoung, Jr., conduct or sponsor this information Interior collections under review by Director, National Minerals Information collection while it is pending at OMB. OMB. Center, U.S. Geological Survey. DATES: You must submit comments on SUPPLEMENTARY INFORMATION: [FR Doc. 2011–13290 Filed 5–27–11; 8:45 am] or before June 30, 2011. OMB Control Number: 1024–0038. BILLING CODE 4311–AM–P ADDRESSES: Send your comments and Title: Procedures for State, Tribal, and suggestions on this information Local Government Historic Preservation collection to the Desk Officer for the DEPARTMENT OF THE INTERIOR Programs; 36 CFR part 61. Department of the Interior at OMB– Service Form Number: None. National Park Service OIRA at (202) 395–5806 (fax) or [email protected] (e-mail). Type of Request: Extension of a [NPS–WASO–CRHPF–0511–7554; 2256–672] Please send a copy of your comments to currently approved collection. John W. Renaud, Project Coordinator, Description of Respondents: State, Information Collection Request Sent to Historic Preservation Grants, Heritage tribal, and local governments. the Office of Management and Budget Assistance Programs, NPS, 1849 C St., Respondent’s Obligation: Required to (OMB) for Approval; Procedures for NW. (2256), Washington, DC 20240; or obtain or retain a benefit. State, Tribal, and Local Government via fax at (202) 371–1961; or via e-mail Frequency of Collection: Annually or Historic Preservation Programs at [email protected]. Please also on occasion. AGENCY: National Park Service, Interior. provide a copy of your comments to Rob Estimated Number of Respondents: ACTION: Notice; request for comments. Gordon, Information Collection 1,924 (59 States, territories, and the Clearance Officer, National Park District of Columbia; 100 tribes; and SUMMARY: We (National Park Service, Service, MS 2605, 1201 Eye Street, NW., 1,765 certified local governments). NPS) have sent an Information Washington, DC 20240 (mail), or Estimated Annual Nonhour Burden Collection Request (ICR) to OMB for [email protected] (e-mail). Please Cost: $340,474, primarily for review and approval. We summarize the include 1024–0038 in the subject line of photocopying, mailing, office supplies, ICR below and describe the nature of the your comments. travel expenses, etc.

Completion Annual time per Total annual Activity number of response burden hours responses (hours)

Local Government Certification Application ...... 55 21.40 1,177 Certified Local Government Monitoring ...... 1,765 7.00 12,355 Certified Local Government Evaluations ...... 441 13.33 5,879 Baseline Questionnaire for CLGs ...... 250 .59 148 Annual Achievements Report for CLGs ...... 900 2.20 1,980 State Inventory Maintenance ...... 26,904 .46 12,376 State Review and Compliance Task Tracking ...... 25,370 .17 4,313 State Program Review ...... 14 90.00 1,260 State Cumulative Products Table ...... 59 7.46 440 State Organization Chart and Staffing Summary ...... 30 1.15 35 State Anticipated Activities List ...... 30 7.47 224 State Project Notification ...... 30 1.37 41 State Final Project Report ...... 30 1.03 31 State Project/Activity Database Report ...... 59 7.14 421 State Sources of Non-Federal Matching Share Report ...... 52 4.28 223 State Unexpended Funds Carryover Table and Statement ...... 59 .08 5 State Significant Preservation Accomplishments Summary ...... 59 2.09 123 Annual Achievements Report for States ...... 25 2.22 56 Tribal Historic Preservation Office (THPO) Grants Product Summary Page ...... 100 12.00 1,200 THPO Unexpected Funds Carryover Statement ...... 50 7.08 354 THPO Annual Report ...... 100 17.49 1,749

Totals ...... 56,382 ...... 44,390

Abstract: This set of information apply for Historic Preservation Fund certification of local governments, and collection requirements has an impact (HPF) grants. The National Historic the monitoring and evaluation of State on State, tribal, and local governments Preservation Act (16 U.S.C. 470 et seq.), and certified local government that wish to participate formally in the as amended, established these programs. programs. We developed the National Historic Preservation Implementing regulations at 36 CFR part information collections associated with Partnership (NHPP) Program, and State 61 detail the processes for approval of 36 CFR part 61 in consultation with and tribal governments that wish to State and tribal programs, the

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State, tribal, and local government ACTION: Notice. DATES: Public scoping will begin in partners. Spring 2011 via a newsletter to state and SUMMARY: Pursuant to the National The NPS uses the information to federal agencies; associated American Environmental Policy Act of 1969 ensure compliance with the National Indian tribes; associated Native Historic Preservation Act, as amended (42 U.S.C. 4332(C)), and the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the corporations; neighboring communities; (16 USC 470 et seq.), as well as borough commissioners; local governmentwide grant requirements and National Park Service (NPS) is preparing an environmental impact statement for organizations, researchers and Department of the Interior regulations at institutions; the congressional 43 CFR part 12. This information a general management plan amendment, including a wilderness study, for Lake delegation; and other interested collection also produces performance members of the public. Public scoping data that we use to assess program Clark National Park and Preserve, Alaska. The environmental impact meetings regarding the general effectiveness. statement will be approved by the management plan amendment will be Comments: On March 25, 2011, we Regional Director, Alaska Region. held in Spring 2011 in Anchorage, published in the Federal Register (76 The general management plan Soldotna, and Homer and in the FR 16813) a notice of our intent to amendment will establish the overall resident zone communities of Port request that OMB renew approval for direction for both the park and preserve this information collection. In that Alsworth, Nondalton, Pedro Bay, and (referred to hereafter as the park), setting Newhalen. Specific dates, times, and notice, we solicited comments for 60 broad management goals for managing days, ending on May 24, 2011. We did locations will be announced in the local the area during the next 15 to 20 years. media, on the Internet at http:// not receive any comments. The plan will prescribe desired resource We again invite comments concerning www.nps.gov/lacl, and will also be conditions and visitor experiences that available by contacting the park/ this information collection on: are to be achieved and maintained • preserve headquarters. In addition to Whether or not the collection of throughout the park based on such attending the scoping meetings, people information is necessary, including factors as the park’s purpose, whether or not the information will significance, special mandates, the body wishing to provide input may mail or e- have practical utility; mail comments to the park/preserve at • of laws and policies directing park The accuracy of our estimate of the management, resource analysis, and the the address below. burden for this collection of range of public expectations and Written comments concerning the information; • concerns. The plan also will outline the scope of the general management plan Ways to enhance the quality, utility, kinds of resource management amendment/wilderness study/ and clarity of the information to be activities, visitor activities, and environmental impact statement will be collected; and developments that would be appropriate accepted for 60 days from the • Ways to minimize the burden of the in the park in the future. In addition, the publication of this notice. collection of information on plan will generally address visitor-use respondents. related issues and provide management ADDRESSES: Comments on issues and Comments that you submit in direction for the three designated wild opportunities associated with the plan response to this notice are a matter of rivers within the park. The wilderness may be submitted by several methods. public record. Before including your study will evaluate portions of Lake You may comment via the Internet to address, phone number, e-mail address, Clark National Park and Preserve for http://parkplanning.nps.gov/lacl. You or other personal identifying possible designation as wilderness. The may also mail or hand-deliver information in your comment, you wilderness study will be included as comments to Lake Clark National Park should be aware that your entire part of the general management plan. and Preserve, 240 W. 5th Avenue, Suite comment, including your personal A range of reasonable alternatives for 236, Anchorage, AK 99501. Requests to identifying information, may be made managing the park will be developed be added to the mailing list should be publicly available at any time. While through this planning process and will directed to the above address. you can ask OMB in your comment to include, at a minimum, a no-action and withhold your personal identifying an NPS-preferred alternative. Major FOR FURTHER INFORMATION CONTACT: Joel information from public review, we issues the plan will address include: Hard, Superintendent, Lake Clark cannot guarantee that it will be done. Visitor access and use of the park; the National Park and Preserve, 240 W. 5th Rob Gordon, adequacy and sustainability of existing Avenue, Suite 236, Anchorage, AK 99501 at the address above. Telephone: Information Collection Clearance Officer, visitor facilities and park operations; National Park Service. and the management of wilderness, 907–644–3626. General information [FR Doc. 2011–13378 Filed 5–27–11; 8:45 am] natural and cultural resources, about Lake Clark National Park and commercial services, and cabins. The Preserve is available on the Internet at BILLING CODE 4310–52–P environmental impact statement will http://www.nps.gov/lacl. evaluate the potential environmental SUPPLEMENTARY INFORMATION: Before DEPARTMENT OF THE INTERIOR impacts of the alternative management approaches and the possible designation including your address, phone number, National Park Service of wilderness within the park. e-mail address, or other personal All interested persons, organizations, identifying information in your [9921–9855–409] and agencies are encouraged to submit comment, you should be aware that your entire comment—including your Notice of Intent To Prepare an comments and suggestions on issues personal identifying information—may Environmental Impact Statement on a and concerns that should be addressed be made publicly available at any time. General Management Plan in the general management plan Amendment/Wilderness Study for Lake amendment/wilderness study/ While you can ask us in your comment Clark National Park and Preserve environmental impact statement, and to withhold your personal identifying the range of appropriate alternatives that information from public review, we AGENCY: National Park Service, Interior. should be examined.

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cannot guarantee that we will be able to five-year review was adequate and that form, as specified in II (C) of the do so. the respondent interested party group Commission’s Handbook on Electronic response was inadequate. The Filing Procedures, 67 FR 68168, 68173 Sue E. Masica, Commission did not find any other (November 8, 2002). Regional Director, Alaska. circumstances that would warrant In accordance with sections 201.16(c) [FR Doc. 2011–13242 Filed 5–27–11; 8:45 am] conducting a full review.1 Accordingly, and 207.3 of the rules, each document BILLING CODE 4312–GY–P the Commission determined that it filed by a party to the review must be would conduct an expedited review served on all other parties to the review pursuant to section 751(c)(3) of the Act.2 (as identified by either the public or BPI INTERNATIONAL TRADE Staff report. A staff report containing service list), and a certificate of service COMMISSION information concerning the subject must be timely filed. The Secretary will matter of the review will be placed in not accept a document for filing without [Investigation No. 731–TA–663 Third the nonpublic record on June 8, 2011, Review] a certificate of service. and made available to persons on the Determination.—The Commission has Paper Clips From China; Scheduling of Administrative Protective Order service determined to exercise its authority to an Expedited Five-Year Review list for this review. A public version extend the review period by up to 90 Concerning the Antidumping Duty will be issued thereafter, pursuant to days pursuant to 19 U.S.C. Order on Paper Clips From China section 207.62(d)(4) of the 1675(c)(5)(B). Commission’s rules. Authority: This review is being conducted AGENCY: Written submissions. As provided in United States International under authority of title VII of the Tariff Act Trade Commission. section 207.62(d) of the Commission’s of 1930; this notice is published pursuant to ACTION: Notice. rules, interested parties that are parties section 207.62 of the Commission’s rules. to the review and that have provided SUMMARY: The Commission hereby gives individually adequate responses to the Issued: May 24, 2011. notice of the scheduling of an expedited notice of institution,3 and any party By order of the Commission. review pursuant to section 751(c)(3) of other than an interested party to the James R. Holbein, the Tariff Act of 1930 (19 U.S.C. review may file written comments with Secretary to the Commission. 1675(c)(3)) (the Act) to determine the Secretary on what determination the [FR Doc. 2011–13383 Filed 5–27–11; 8:45 am] whether revocation of the antidumping Commission should reach in the review. BILLING CODE 7020–02–P duty order on paper clips from China Comments are due on or before June 13, would be likely to lead to continuation 2011 and may not contain new factual or recurrence of material injury within information. Any person that is neither DEPARTMENT OF JUSTICE a reasonably foreseeable time. For a party to the five-year review nor an further information concerning the interested party may submit a brief Notice of Lodging of Consent Decree conduct of this review and rules of written statement (which shall not Under the Comprehensive general application, consult the contain any new factual information) Environmental Response, Commission’s Rules of Practice and pertinent to the review by June 13, 2011. Compensation, and Liability Act Procedure, part 201, subparts A through However, should the Department of E (19 CFR part 201), and part 207, Commerce extend the time limit for its Notice is hereby given that on May 16, subparts A, D, E, and F (19 CFR part completion of the final results of its 2011, a proposed Consent Decree in 207). review, the deadline for comments United States and State of Texas v. (which may not contain new factual Halliburton Energy Services, Inc., et al., DATES: Effective Date: April 8, 2011. information) on Commerce’s final Civil Action No. 4–07–CV–3795, was FOR FURTHER INFORMATION CONTACT: results is three business days after the lodged with the United States District Elizabeth Haines (202–205–3200), Office issuance of Commerce’s results. If Court for the Southern District of Texas. of Investigations, U.S. International comments contain business proprietary In this action the United States, on Trade Commission, 500 E Street, SW., information (BPI), they must conform behalf of the United States Washington, DC 20436. Hearing- with the requirements of sections 201.6, Environmental Protection Agency, and impaired persons can obtain 207.3, and 207.7 of the Commission’s the State of Texas, on behalf of the information on this matter by contacting rules. The Commission’s rules do not Texas Commission on Environmental the Commission’s TDD terminal on 202– authorize filing of submissions with the Quality (‘‘TCEQ’’), sought, pursuant to 205–1810. Persons with mobility Secretary by facsimile or electronic Sections 107 and 113 of the impairments who will need special means, except to the extent permitted by Comprehensive Environmental assistance in gaining access to the section 201.8 of the Commission’s rules, Response, Compensation and Liability Commission should contact the Office as amended, 67 FR 68036 (November 8, Act (‘‘CERCLA’’), 42 U.S.C. 9607 and of the Secretary at 202–205–2000. 2002). Even where electronic filing of a 9613, seeking reimbursement of General information concerning the document is permitted, certain response costs incurred or to be Commission may also be obtained by documents must also be filed in paper incurred for response actions taken at or accessing its Internet server (http:// in connection with the release or www.usitc.gov). The public record for 1 A record of the Commissioners’ votes, the threatened release of hazardous this review may be viewed on the Commission’s statement on adequacy, and any substances at three facilities located in Commission’s electronic docket (EDIS) individual Commissioner’s statements will be ‘‘ ’’ available from the Office of the Secretary and at the Webster, Texas (the Webster Site ), at http://edis.usitc.gov. Commission’s Web site. Odessa, Texas (the ‘‘Odessa Site’’), and SUPPLEMENTARY INFORMATION: 2 Commissioners Shara L. Aranoff and Daniel R. Houston, Texas (the ‘‘Tavenor Site’’), Background. On April 8, 2011, the Pearson dissenting. known collectively as the ‘‘Gulf Nuclear Commission determined that the 3 The Commission has found the responses Sites’’ or ‘‘Sites’’ as well as declaratory submitted by ACCO Brands USA, LLC and domestic interested party group Officemate International Corp. to be individually relief. response to its notice of institution (76 adequate. Comments from other interested parties The United States and the State have FR 171, January 3, 2011) of the subject will not be accepted (see 19 CFR 207.62(d)(2)). negotiated a Consent Decree with

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Defendant Pengo Industries, Inc. to DEPARTMENT OF JUSTICE a check in that amount to the Consent resolve the CERCLA claims as well as Decree Library at the stated address. the state law claims. The proposed Notice of Lodging of Consent Decree Maureen M. Katz, Consent Decree resolves the liability of Under the Clean Air Act Pengo Industries, Inc. for response costs Assistant Chief, Environmental Enforcement Notice is hereby given that on May 13, Section, Environment and Natural Resources incurred or to be incurred and response Division. actions taken in connection with the 2011 a proposed Consent Decree in [FR Doc. 2011–13301 Filed 5–27–11; 8:45 am] Sites. Under the Consent Decree, United States of America v. BASF Settling Defendant agrees to reimburse Corporation, Civil Action No. 3:11–cv– BILLING CODE 4410–15–P the United States and the State a share 00222 was lodged with the United States District Court for the Southern of their response costs for the Sites with DEPARTMENT OF JUSTICE payments in the sum of $815,000 for the District of Texas. United States and $81,500 for the State. In this action the United States sought Notice of Lodging of Consent Decree This Consent Decree includes a civil penalties and injunctive relief for Under the Clean Water Act covenant not to sue by the United States violations of the Clean Air Act, 42 and the State under Sections 106, 107 U.S.C. 7401 et seq. that occurred at Notice is hereby given that on May 18, and 113 of CERCLA. BASF Corp.’s chemical manufacturing 2011, a proposed Consent Decree facility located on Copper Road in (‘‘Decree’’) in United States of America, The Department of Justice will receive State of Texas, and State of Oklahoma for a period of thirty (30) days from the Freeport, Texas. In the Complaint, the United States alleged that BASF v. Mahard Egg Farm, Inc., Civil Action date of this publication comments No. 3:11–cv–01031–N, was lodged with relating to the Consent Decree. violated requirements of the Texas State Implementation Plan (‘‘the Texas SIP’’), the United States District Court for the Comments should be addressed to the Northern District of Texas (Dallas Assistant Attorney General for the permits issued pursuant to the Texas SIP, Standards of Performance for New Division). Environment and Natural Resources In this action, the United States, on Division, U.S. Department of Justice, Stationary Sources (codified at 40 CFR part 60) incorporated in the permits, behalf of the U.S. Environmental and either emailed to pubcomment- Protection Agency (‘‘U.S. EPA’’), [email protected] or mailed to P.O. and National Emission Standards for ‘‘ ’’ together with the States of Texas and Box 7611, NW., Washington, DC 20044– Hazardous Air Pollutants ( NESHAPs ) (codified at 40 CFR part 63). The Oklahoma, sought penalties and 7611, and should refer to United States injunctive relief under the Clean Water Consent Decree requires BASF to pay a and State of Texas v. Halliburton Energy Act (‘‘CWA’’) against Mahard Egg Farm, civil penalty of $500,000 and imposes Services, Inc., et al., D.J. Ref. 90–11–3– Inc., for violations of Concentrated injunctive relief requirements on BASF 07730/1. Animal Feeding Operation (‘‘CAFO’’) related to the Oxo Alcohols Flare, the general permit and related laws and The Consent Decree may be examined CoGeneration Unit, and Boilers B–20A regulations. Specifically, the Complaint at the Office of the United States and B–20C. Attorney, Southern District of Texas, alleges that Mahard discharged The Department of Justice will receive pollutants or otherwise failed to comply 919 Milam Street, Suite 1500, Houston, for a period of thirty (30) days from the Texas 77002. The Consent Decree may with the terms of its permits at six other date of this publication comments facilities, including its newest facility also be examined at U.S. EPA Region 6, relating to the Consent Decree. 1445 Ross Avenue, Suite 1200, Dallas, near Vernon, Tex., where it also failed Comments should be addressed to the to comply with the Texas Construction Texas, 75202. During the public Assistant Attorney General, comment period, the Consent Decree, Storm Water General Permit and to Environment and Natural Resources ensure safe drinking water for its may also be examined on the following Division, and either e-mailed to Department of Justice Web site, http:// employees. The states of Texas and [email protected] or Oklahoma also alleged similar www.usdoj.gov/enrd/ mailed to P.O. Box 7611, U.S. Consent_Decrees.html. A copy of the violations of state laws. Department of Justice, Washington, DC Under the proposed Consent Decree, Consent Decree may also be obtained by 20044–7611, and should refer to United mail from the Consent Decree Library, the Defendants will pay a civil penalty States of America v. BASF Corporation, and take steps to bring each of its seven P.O. Box 7611, U.S. Department of D.J. Ref. 90–5–2–1–08255/1. Justice, Washington, DC 20044–7611 or CAFO facilities into compliance with by faxing or e-mailing a request to Tonia During the public comment period, applicable state and federal laws, Fleetwood ([email protected]), the Consent Decree may also be permits, and regulations, and to restore fax no. (202) 514–0097, phone examined on the following Department the lands so as to prevent future confirmation number (202) 514–1547. In of Justice Web site: http:// discharges to area waterways. The www.usdoj.gov/enrd/ settlement mandates the performance of requesting a copy from the Consent _ Decree Library, please enclose a check Consent Decrees.html. A copy of the specific requirements, such as proper in the amount of $8.00 (25 cents per Consent Decree may also be obtained by lagoon closures, groundwater page reproduction cost) payable to the mail from the Consent Decree Library, monitoring, and the construction and U.S. Treasury or, if by email or fax, P.O. Box 7611, U.S. Department of maintenance of buffer strips along area forward a check in that amount to the Justice, Washington, DC 20044–7611, or waterways within the facility Consent Decree Library at the stated by faxing or e-mailing a request to Tonia boundaries. It also requires on-going address. Fleetwood ([email protected]), land restoration and management fax no. (202) 514–0097, phone measures, such as restrictions on the Maureen Katz, confirmation number (202) 514–1547. In land-application of manure and on Assistant Section Chief, Environmental requesting a copy from the Consent livestock grazing. Enforcement Section, Environment and Decree Library, please enclose a check The Department of Justice will receive Natural Resources Division. in the amount of $10.50 cents per page for a period of thirty (30) days from the [FR Doc. 2011–13280 Filed 5–27–11; 8:45 am] reproduction cost) payable to the U.S. date of this publication comments BILLING CODE 4410–15–P Treasury or, if by e-mail or fax, forward relating to the Decree. Comments should

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be addressed to the Assistant Attorney 7661f; a Prevention of Significant DEPARTMENT OF JUSTICE General, Environment and Natural Deterioration permit issued to the Resources Division, P.O. Box 7611, U.S. Defendant by the State of Michigan Antitrust Division Department of Justice, Washington, DC pursuant to CAA Sections 160–169, 42 20044–7611, and either e-mailed to U.S.C. 7470–7479; the New Source Notice Pursuant to the National [email protected] or Performance Standards established Cooperative Research and Production mailed to P.O. Box 7611, U.S. pursuant to CAA Section 111, 42 U.S.C. Act of 1993—Versatile Onboard Traffic Department of Justice, Washington, DC 7411; and the federally enforceable Embedded Roaming Sensors 20044–7611, and should refer to United Michigan State Implementation Plan (Formerly Joint Venture To Perform States of America, State of Texas, and that was prepared and adopted pursuant Project Entitled Versatile Onboard State of Oklahoma v. Mahard Egg Farm, to CAA Section 110, 42 U.S.C. 7411. Traffic Embedded Roaming Sensors) Inc., Civil Action No. No. 3:11–cv– 01031–N, (N.D. Tex.), D.J. Ref. 90–5–1– The proposed Consent Decree would Notice is hereby given that, on April 1–09279. require the City to pay a civil penalty of 27, 2011, pursuant to Section 6(a) of the During the public comment period, $112,000, perform a supplemental National Cooperative Research and the Decree may be examined on the environmental project at an estimated Production Act of 1993, 15 U.S.C. 4301 cost of $210,000, and install new following Department of Justice Web et seq. (‘‘the Act’’), Versatile Onboard site, http://www.usdoj.gov/enrd/ emission controls and implement Traffic Embedded Roaming Sensors Consent_Decrees.html. A copy of the operational practices to reduce (formerly Joint Venture to Perform Decree may also be obtained by mail emissions. The compliance program Project Entitled Versatile Onboard from the Consent Decree Library, P.O. would consist of two phases, with the Traffic Embedded Roaming Box 7611, U.S. Department of Justice, second phase being required only if the Sensors)(‘‘VOTERS’’) has filed written Washington, DC 20044–7611 or by first proves insufficient. faxing or e-mailing a request to Tonia notifications simultaneously with the The Department of Justice will Fleetwood ([email protected]), Attorney General and the Federal Trade fax no. (202) 514–0097, phone receive, for a period of thirty (30) days Commission disclosing changes in its confirmation number (202) 514–1547. In from the date of this publication, membership. The notifications were requesting a copy from the Consent comments relating to the Consent filed for the purpose of extending the Decree Library, please enclose a check Decree. Comments should be addressed Act’s provisions limiting the recovery of in the amount of $34 (25 cents per page to the Assistant Attorney General, antitrust plaintiffs to actual damages reproduction cost) payable to the U.S. Environment and Natural Resources under specified circumstances. Treasury or, if by e-mail or fax, forward Division, and either e-mailed to Specifically, Earth Science Systems, a check in that amount to the Consent [email protected] or LLC, WheatRidge, CO, has been added Decree Library at the stated address. mailed to P.O. Box 7611, U.S. as a party to this venture. Department of Justice, Washington, DC Maureen Katz, 20044–7611, and should refer to United No other changes have been made in Assistant Chief, Environmental Enforcement States v. City of Wyandotte, D.J. Ref. 90– either the membership or planned Section, Environment and Natural Resources activity of the group research project. Division. 5–2–1–09346. During the public comment period, the Consent Decree Membership in this group research [FR Doc. 2011–13281 Filed 5–27–11; 8:45 am] may be examined on the following project remains open, and VOTERS BILLING CODE 4410–15–P Department of Justice Web site: http:// intends to file additional written www.usdoj.gov/enrd/ notifications disclosing all changes in membership. DEPARTMENT OF JUSTICE Consent_Decrees.html. A copy of the Consent Decree may also be obtained by On February 10, 2009, VOTERS filed Notice of Lodging of Proposed mail from the Consent Decree Library, its original notification pursuant to Amendment to Consent Decree Under P.O. Box 7611, U.S. Department of Section 6(a) of the Act. The Department the Clean Air Act Justice, Washington, DC 20044–7611 or of Justice published a notice in the Notice is hereby given that on May 18, by faxing or e-mailing a request to Tonia Federal Register pursuant to Section 2011, a proposed Consent Decree, Fleetwood ([email protected]), 6(b) of the Act on March 13, 2009 (74 pertaining to United States v. City of fax no. (202) 514–0097, phone FR 10967). Wyandotte, No. 2–11–cv–12181, was confirmation number (202) 514–1547. In The last notification was filed with lodged with the United States District requesting a copy from the Consent the Department on April 5, 2010. A Court for the Eastern District of Decree Library, please enclose a check notice was published in the Federal Michigan. in the amount of $13.25 (25 cents per Register pursuant to Section 6(b) of the In this action, the United States seeks page reproduction cost), for the consent Act on May 7, 2010 (75 FR 25294). civil penalties and injunctive relief for decree alone, or in the amount of $13.75 violations of Section 113(b) of the Clean (for the consent decree and its Patricia A. Brink, Air Act (‘‘CAA’’), 42 U.S.C. 7413(b), at a appendix) payable to the U.S. Treasury Director of Civil Enforcement, Antitrust power plant owned and operated by the or, if by e-mail or fax, forward a check Division. City, and located at 2555 Van Alstyne in that amount to the Consent Decree [FR Doc. 2011–13307 Filed 5–27–11; 8:45 am] St., Wyandotte, Wayne County, Library at the stated address. BILLING CODE 4410–11–M Michigan. Specifically, the Complaint alleges that the Defendant violated the Maureen M. Katz, emission limits established in: (1) An Assistant Chief, Environmental Enforcement operating permit issued to the Section, Environment and Natural Resources Defendant by the State of Michigan Division. pursuant to Sections 501–507 of the [FR Doc. 2011–13352 Filed 5–27–11; 8:45 am] Clean Air Act (‘‘CAA’’), 42 U.S.C. 7661– BILLING CODE 4410–15–P

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DEPARTMENT OF JUSTICE Corrections, Jails Division. Ms. Zandi determining inmates’ risks and needs can be reached at 1–800–995–6423, ext. and explain the importance of National Institute of Corrections 71070 or by e-mail at [email protected]. interviewing to gaining more complete SUPPLEMENTARY INFORMATION: NIC has and accurate information. The Solicitation for a Cooperative identified six key elements in effectively document should also highlight Agreement: Document—Tools in managing inmate behavior in jails: anecdotal evidence or research that Assessing Inmates’ Risks & Needs: (1) Assessing the risks and needs of each demonstrates the usefulness of The Assessment Interview inmate at various points during his/her interviews in risk-and-need assessment AGENCY: National Institute of detention, (2) assigning inmates to specifically and inmate behavior Corrections, U.S. Department of Justice. appropriate housing, (3) meeting management generally. ACTION: Solicitation for a Cooperative inmates’ basic needs, (4) defining and Once this context is set, the document Agreement. conveying expectations for inmate will address the following topics, at a behavior, (5) supervising inmates, and minimum: (1) Specific interview SUMMARY: The National Institute of (6) keeping inmates productively techniques and tools, (2) the interview Corrections (NIC) Jails Division is occupied. If a jail fully and properly environment, (3) skills required of the seeking applications for the implements all six elements, it should interviewer, (4) strategies for developing development of a written guide on how experience a significant reduction in the staff skills in conducting interviews, to use interviews to determine inmate negative inmate behaviors often with sample training tools, (5) policies, risks and needs within the jail experienced in jails, such as vandalism, procedures, and required environment more accurately. This violence, rule violations, and documentation related to interviews, document will be written in the context disrespectful behavior toward staff and with samples of each, (6) determination of inmate behavior management, which other inmates. Applicants can obtain of reasonable standards for the is described under SUPPLEMENTARY additional information on inmate interview process and its outcomes, and INFORMATION below. behavior management by reviewing (7) assessment of the quality of the This project will be for an 18-month NIC’s ‘‘Inmate Behavior Management: interview process and the achievement period and will be carried out in The Key to a Safe and Secure Jail.’’ This of outcomes, with sample assessment conjunction with the NIC Jails Division. document is available at http:// tools. The awardee will work closely with NIC nicic.gov/Library/023882. NIC Review: The awardee will send staff on all aspects of the project. To be The NIC Jails Division offers training the following for NIC review and considered, applicants must and technical assistance on inmate approval: initial framework for the demonstrate, at a minimum: (1) In-depth behavior management. It has also begun document, first draft of the document, knowledge of the purpose, functions, to develop a series of guides on subsequent drafts based on NIC’s and operational complexities of local implementing each of the six elements. suggested revisions, and the final draft. jails, (2) awareness of the diversity This document will be part of the series. Final Product: The awardee will among local jails in terms of size, Scope of Work produce a completed document that has resources, and levels of sophistication, received initial editing from a (3) in-depth knowledge of the six Document Length: The number of pages will be determined by content. professional editor. The awardee must elements of inmate behavior follow the Guidelines for Preparing and management, as defined by NIC, and (4) The document will include appendices and a bibliography. Submitting Manuscripts for Publication ability to develop and write documents as found in the ‘‘General Guidelines for for publication. Document Audience: Jail administrators are the primary Cooperative Agreements,’’ which will be DATES: Applications must be received audience, but the document may also be included in the award package. The by 4 p.m. EDT, Friday, June 24, 2011. used by other management staff. This awardee will deliver the final product to ADDRESSES: Mailed applications must be guide is intended for use by jails of all NIC in hard copy and on disk in Word sent to: Director, National Institute of sizes. In developing the document, the format. NIC will be responsible for the Corrections, 320 First Street, NW., Room awardee must consider the diversity of final editing process and document 5002, Washington, DC 20534. jails in terms of size, available design, but the awardee will remain Applicants are encouraged to use resources, and level of sophistication. available during this time to answer Federal Express, UPS, or similar service Document Distribution: NIC expects questions and to make revisions to the to ensure delivery by the due date. to distribute the document widely. It document. The awardee must also Hand delivered applications should will be available on the NIC Web site ensure that all products meet NIC’s be brought to 500 First Street, NW., and upon request free of charge through standards for accessibility and Section Washington, DC 20534. At the front the NIC Information Center. 508 compliance. desk, dial 7–3106, ext. 0 for pickup. Document Content: The document Meetings: The cooperative agreement Faxed or e-mailed applications will not will be a clear and practical guide for awardee will attend an initial meeting be accepted. Electronic applications can jail administrators. It will begin with a with the NIC staff for a project overview only be submitted via http:// brief overview of the six elements of and preliminary planning. This will www.grants.gov. inmate behavior management, drawn take place shortly after the cooperative FOR FURTHER INFORMATION CONTACT: A from NIC’s ‘‘Inmate Behavior agreement is awarded and will be held copy of this announcement and links to Management: The Key to a Safe and in Washington, DC. The meeting will the required application forms can be Secure Jail.’’ This will be followed by a last one day. downloaded from the NIC Web site at more detailed discussion of the first The awardee should plan to meet http://www.nicic.gov. element, assessing inmates’ risks and with NIC staff up to four times during All technical or programmatic needs, including its importance in the course of the cooperative agreement. questions concerning this managing inmate behavior and its One meeting will be held in announcement should be directed to relationship to the other five elements. Washington, DC. The others may be Fran Zandi, Correctional Program The document will then introduce the held by WebEx or in person, depending Specialist, National Institute of use of face-to-face interviews in on meeting content.

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Applicant Conference project milestones and timelines for the who are sole proprietors should dial 866– 705–5711 and select option #1. An applicant conference will be held completion of each milestone; a on Friday, June 17, 2011 from 1 p.m. to description of the qualifications of the Applicants may register in the CCR 3 p.m. (EDT) by WebEx. The conference applicant organization; a resume for the online at the CCR Web site: http:// will give applicants the opportunity to principle and each staff member www.ccr.gov. Applicants can also meet with NIC project staff and ask assigned to the project (including review a CCR handbook and worksheet questions about the project and the instructors) that documents relevant at this Web site. application procedures. Attendance at knowledge, skills, and abilities to carry Number of Awards: One. the conference is optional. Provisions out the project; and a budget that details NIC Opportunity Number: 11JA05. will be made using WebEx technology all costs for the project, shows Catalog of Federal Domestic Assistance (telephone and computer-based consideration for all contingencies for Number: 16.601. conferencing). The WebEx session the project, and notes a commitment to Executive Order 12372: This project is requires applicants to have access to a work within the proposed budget. The not subject to the provisions of telephone and computer. Applicants narrative portion of the application Executive Order 12372. who plan to attend via WebEx should e- should not exceed ten double-spaced Morris L. Thigpen, mail Fran Zandi, NIC Jails Division, typewritten pages, excluding Correctional Program Specialist at attachments related to the credentials Director, National Institute of Corrections. [email protected] by 5 p.m. (EST) and relevant experience of staff. [FR Doc. 2011–13394 Filed 5–27–11; 8:45 am] Monday, June 13, 2011. Authority: Public Law 93–415. BILLING CODE 4410–36–P Application Requirements: An Funds Available: NIC is seeking the application package must include OMB applicant’s best ideas regarding DEPARTMENT OF LABOR Standard Form 425, Application for accomplishment of the scope of work Federal Assistance; a cover letter that and the related costs for achieving the Office of the Secretary identifies the audit agency responsible goals of this solicitation. Funds may be for the applicant’s financial accounts as used only for the activities that are Agency Information Collection well as the audit period or fiscal year linked to the desired outcome of the Activities; Submission for OMB under which the applicant operates project. The funding amount should not Review; Comment Request; Fire (e.g., July 1 through June 30); and an exceed $20,000. Brigades outline of projected costs with the Eligibility of Applicants: An eligible budget and strategy narratives described applicant is any state or general unit of ACTION: Notice. in this announcement. The following local government, private agency, SUMMARY: The Department of Labor additional forms must also be included: educational institution, organization, OMB Standard Form 424A, Budget (DOL) is submitting the Occupational individual, or team with expertise in the Safety and Health Administration Information—Non-Construction described areas. Applicants must have Programs; OMB Standard Form 424B, (OSHA) sponsored information demonstrated ability to implement a collection request (ICR) titled, ‘‘Fire Assurances—Non-Construction project of this size and scope. Programs (both available at Brigades,’’ to the Office of Management Review Considerations: Applications and Budget (OMB) for review and http://www.grants.gov); DOJ/FBOP/NIC will be reviewed by a team of NIC staff. Certification Regarding Lobbying, approval for continued use in Among the criteria used to evaluate the accordance with the Paperwork Debarment, Suspension and Other applications are indication of a clear Responsibility Matters; and the Drug- Reduction Act (PRA) of 1995 (Pub. L. understanding of the project 104–13, 44 U.S.C. chapter 35). Free Workplace Requirements (available requirements; background, experience, DATES: Submit comments on or before at http://www.nicic.org/Downloads/ and expertise of the proposed project June 30, 2011. PDF/certif-frm.pdf). staff, including any sub-contractors; ADDRESSES: Applications should be concisely effectiveness of the creative approach to A copy of this ICR with written, typed double spaced, and the project; clear, concise description of applicable supporting documentation; reference the NIC opportunity number all elements and tasks of the project, including a description of the likely and title referenced in this with sufficient and realistic time frames respondents, proposed frequency of announcement. If you are hand necessary to complete the tasks; response, and estimated total burden delivering or submitting via Fed-Ex, technical soundness of project design may be obtained from the RegInfo.gov please include an original and three and methodology; financial and Web site, http://www.reginfo.gov/ copies of your full proposal (program administrative integrity of the proposal, public/do/PRAMain, on the day and budget narrative, application forms, including adherence to Federal financial following publication of this notice or assurances, and other descriptions). The by sending an e-mail to guidelines and processes; a sufficiently _ _ original should have the applicant’s detailed budget that shows DOL PRA [email protected]. Submit comments about this request signature in blue ink. Electronic consideration of all contingencies for to the Office of Information and submissions will be accepted only via this project and commitment to work Regulatory Affairs, Attn: OMB Desk http://www.grants.gov. within the budget proposed; and Officer for the Department of Labor, The narrative portion of the indication of availability to meet with Occupational Safety and Health application should include, at a NIC staff. minimum, a brief paragraph indicating Administration (OSHA), Office of the applicant’s understanding of the Note: NIC will not award a cooperative Management and Budget, Room 10235, project’s purpose; a brief paragraph that agreement to an applicant who does not have Washington, DC 20503, Telephone: a Dun and Bradstreet Database Universal 202–395–6929/Fax: 202–395–6881 summarizes the project goals and Number (DUNS) and is not registered in the objectives; a clear description of the (these are not toll-free numbers), e-mail: Central Contractor Registry (CCR). Applicants _ methodology that will be used to can obtain a DUNS number at no cost by OIRA [email protected]. complete the project and achieve its calling the dedicated toll-free DUNS number FOR FURTHER INFORMATION CONTACT: goals; a statement or chart of measurable request line at 800–333–0505. Applicants Contact the DOL Information

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Management Team by e-mail at use of appropriate automated, forced or indentured child labor was [email protected]. electronic, mechanical, or other used to produce the item. SUPPLEMENTARY INFORMATION: The Fire technological collection techniques or DATES: This document is effective Brigade Standard codified at 29 CFR other forms of information technology, immediately upon publication of this 1910.156 requires each covered e.g., permitting electronic submission of notice. responses. employer establishing a fire brigade to SUPPLEMENTARY INFORMATION: write an organizational statement, to Agency: Occupational Safety and ascertain the fitness of workers with Health Administration. I. Background Title of Collection: Fire Brigades. specific medical conditions to Executive Order No. 13126 (EO OMB Control Number: 1218–0075. 13126), which was published in the participate in fire related operations, Affected Public: Private sector— Federal Register on June 16, 1999 (64 and to provide appropriate training and businesses or other for-profits. ‘‘ information to fire brigade members. Total Estimated Number of FR 32383), declared that it was the This information collection is subject Responses: 8738. policy of the United States Government to the PRA. A Federal agency generally Total Estimated Annual Burden * * * that the executive agencies shall cannot conduct or sponsor a collection Hours: 6292. take appropriate actions to enforce the of information, and the public is Total Estimated Annual Other Costs laws prohibiting the manufacture or generally not required to respond to an Burden: $0. importation of good, wares, articles, and information collection, unless it is merchandise mined, produced or approved by the OMB under the PRA Dated: May 24, 2011. manufactured wholly or in part by and displays a currently valid OMB Michel Smyth, forced or indentured child labor.’’ Control Number. In addition, Departmental Clearance Officer. Pursuant to EO 13126, and following notwithstanding any other provisions of [FR Doc. 2011–13296 Filed 5–27–11; 8:45 am] public notice and comment, the law, no person shall generally be subject BILLING CODE 4510–26–P Department of Labor published in the to penalty for failing to comply with a January 18, 2001 Federal Register, a list collection of information if the of products (the ‘‘EO List’’), identified by collection of information does not DEPARTMENT OF LABOR their country of origin, that the display a valid OMB control number. Department, in consultation and See 5 CFR 1320.5(a) and 1320.6. The Office of the Secretary of Labor cooperation with the Departments of DOL obtains OMB approval for this Notice of Final Determination Revising State and Treasury [relevant information collection under OMB the List of Products Requiring Federal responsibilities now within the Control Number 1218–0075. The current Contractor Certification as to Forced Department of Homeland Security], had OMB approval is scheduled to expire on or Indentured Child Labor Pursuant to a reasonable basis to believe might have June 30, 2011; however, it should be Executive Order 13126 been mined, produced or manufactured noted that information collections with forced or indentured child labor submitted to the OMB receive a month- AGENCY: Bureau of International Labor (66 FR 5353). to-month extension while they undergo Affairs, Labor. Pursuant to Section 3 of EO 13126, review. For additional information, see ACTION: Notice of Final Determination. the Federal Acquisition Regulatory the related notice published in the Councils published a final rule in the Federal Register on January 26, 2011 SUMMARY: This final determination Federal Register on January 18, 2001, (76 FR 4735). revises the list required by Executive providing, amongst other requirements, Interested parties are encouraged to Order No. 13126 (‘‘Prohibition of that federal contractors who supply send comments to the OMB, Office of Acquisition of Products Produced by products that appear on the EO List Information and Regulatory Affairs at Forced or Indentured Child Labor’’), in published by the Department of Labor the address shown in the ADDRESSES accordance with the ‘‘Procedural must certify to the contracting officer section within 30 days of publication of Guidelines for the Maintenance of the that the contractor, or, in the case of an this notice in the Federal Register. In List of Products Requiring Federal incorporated contractor, a responsible order to help ensure appropriate Contractor Certification as to Forced or official of the contractor, has made a consideration, comments should Indentured Child Labor.’’ This notice good faith effort to determine whether reference OMB Control Number 1218– adds a product, hand-woven textiles forced or indentured child labor was 0075. The OMB is particularly from Ethiopia, to the list that the used to mine, produce or manufacture interested in comments that: Departments of Labor, State and any product furnished under the • Evaluate whether the proposed Homeland Security believe might have contract and that, on the basis of those collection of information is necessary been mined, produced, or manufactured efforts, the contractor is unaware of any for the proper performance of the by forced or indentured child labor. such use of child labor. See 48 CFR functions of the agency, including This notice also removes charcoal from Subpart 22.15. whether the information will have Brazil from the list, as the Departments The Department also published on practical utility; of Labor, State and Homeland Security January 18, 2001, ‘‘Procedural • Evaluate the accuracy of the have a reasonable basis to believe that Guidelines for Maintenance of the List agency’s estimate of the burden of the the use of forced or indentured child of Products Requiring Federal proposed collection of information, labor has been significantly reduced. Contractor Certification as to Forced or including the validity of the Under a final rule of the Federal Indentured Child Labor’’ (Procedural methodology and assumptions used; Acquisition Regulatory Councils, Guidelines), which provide for • Enhance the quality, utility, and published January 18, 2001, which also maintaining, reviewing, and, as clarity of the information to be implements Executive Order No. 13126, appropriate, revising the EO List (66 FR collected; and federal contractors who supply products 5351). The Procedural Guidelines • Minimize the burden of the on this list are required to certify, provide that the List may be revised collection of information on those who among other things, that they have made through consideration of submissions by are to respond, including through the a good faith effort to determine whether individuals and on the Department’s

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own initiative. In either event, when germane to the initial determination, so Brazil proposing to revise the List, the only the comments from ILRF are The bibliographies providing the basis Department of Labor must publish in discussed below. The comments of the for the three agencies’ decisions on each the Federal Register a notice of initial AEPC and the CLC will be retained and product are available on the Internet at determination, which includes any considered in future reviews. http://www.dol.gov/ILAB/regs/eo13126/ proposed alteration to the List. The ILRF’s comments related to the main.htm. Department will consider all public methodology and process used to Signed at Washington, DC, this 24th day of comments prior to the publication of a remove products from the EO List, in May 2011. final determination of a revised list, particular, Brazilian charcoal. ILRF Sandra Polaski, which is made in consultation and agreed with our initial determination that charcoal from Brazil be removed Deputy Undersecretary, Bureau of cooperation with the Departments of International Labor Affairs. State and Homeland Security. from the EO List. More broadly, ILRF On September 11, 2009, the agreed with our baseline benchmarks for [FR Doc. 2011–13342 Filed 5–27–11; 8:45 am] Department of Labor published an removal of a product, including BILLING CODE 4510–28–P initial determination in the Federal demonstrated quantitative and Register proposing to revise the List to qualitative evidence of ‘‘virtual DEPARTMENT OF LABOR include 29 products from 21 countries. elimination’’ of forced child labor in an The Notice requested public comments industry. ILRF emphasized the Employment and Training for a period of 90 days. Public important role that third-party, Administration comments were received and reviewed independent monitoring and by all relevant agencies, and a final verification had played in significantly Notice of Funding Opportunity and determination was issued on July 20, reducing forced child labor in the Solicitation for Grant Applications 2010 that included all products Brazilian charcoal industry, as well as (SGA) for Cooperative Agreements proposed in the initial determination government enforcement and public Under the Disability Employment except for carpets from India. (75 FR education. The Department appreciates Initiative (DEI) 42164). this specific feedback on our On December 16, 2010, in methodology and process. AGENCY: Employment and Training consultation and cooperation with the Administration, Labor. III. Revised List of Products Departments of State and Homeland ACTION: Notice of Solicitation for Grant Security, the Department of Labor It has been determined appropriate to Applications (SGA). published an initial determination publish a revised list of products that proposing to revise the EO List in the reflects the changes proposed in the Funding Opportunity Number: SGA– Federal Register (75 FR 78755). The initial determination. No new DFA–PY–10–14. notice explained how the initial information was provided through SUMMARY: The Employment and determination was made and invited public comments to negate the proposed Training Administration (ETA), in public comment through February 15, revisions in the initial determination. coordination with Department of 2011. The initial determination and The basis for each of these revisions to Labor’s (DOL’s) Office of Disability Procedural Guidelines can be accessed the EO List is set forth in the Employment Policy (ODEP) announces on the Internet at http://www.dol.gov/ Department of Labor’s December 16, the availability of approximately $20 ILAB/regs/eo13126/main.htm or can be 2010, notice in the Federal Register (75 million for a second round of obtained from: Office of Child Labor, FR 78755). cooperative agreements to state agencies Forced Labor, and Human Trafficking Accordingly, based on recent, that administer the Workforce (OCFT), Bureau of International Labor credible, and appropriately corroborated Investment Act (WIA). These funds Affairs, Room S–5317, U.S. Department information from various sources, the provide an opportunity for states to of Labor, 200 Constitution Avenue, Department of Labor, the Department of develop and implement a plan for NW., Washington, DC 20210; telephone: State, and the Department of Homeland improving effective and meaningful (202) 693–4843; fax (202) 693–4830. Security have concluded that there is a participation of persons with disabilities in the workforce. II. Summary of Significant Comments reasonable basis to believe that the following product, identified by its DOL is using this funding to Three public comments were country of origin, might have been implement the Disability Employment received, from the Apparel Export mined, produced, or manufactured by Initiative (DEI), through which the Promotion Council of India (AEPC), the forced or indentured child labor: Department intends to make six to ten Child Labor Coalition (CLC), and the PRODUCT grant awards designed to: International Labor Rights Forum Hand-Woven Textiles (1) Improve educational, training, and (ILRF). All comments are available for employment opportunities and COUNTRY public viewing at http:// outcomes of youth and adults with www.regulations.gov (reference Docket Ethiopia disabilities who are unemployed, ID No. DOL–2010–0005). In developing In addition, the Department of Labor, underemployed, and/or receiving Social the revised list of products, these public the Department of State, and the Security disability benefits; and comments have been carefully reviewed Department of Homeland Security have (2) Help these individuals with and considered. The AEPC submission concluded that there is a reasonable disabilities find a path into the middle discussed the garment and zari basis to believe that forced or class through exemplary and model industries in India, while the CLC indentured child labor has been service delivery by the public workforce submission discussed a range of topics significantly reduced in the production system. including the carpet industry in India, of the following product, identified by DOL will award DEI grants for a three- ac¸aı´ berry production in Brazil, and its country of origin: year period of performance. The child labor in the United States. PRODUCT complete SGA and any subsequent SGA However, none of the topics discussed Charcoal amendments are described in further in the AEPC or CLC submissions were COUNTRY detail on ETA’s Web site at http://

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www.doleta.gov/grants or on http:// Dated: May 25, 2011. • Minimize the burden of the www.grants.gov. The Web sites provide Mary Ann Hadyka, collection of information on those who application information, eligibility Committee Management Officer. are to respond, including through the requirements, review and selection [FR Doc. 2011–13402 Filed 5–27–11; 8:45 am] use of appropriate automated electronic, procedures and other program BILLING CODE 7515–01–P mechanical, or other technological requirements governing this solicitation. collection techniques, or other forms of DATES: The closing date for receipt of information technology, e.g., permitting applications is July 15, 2011. electronic submissions of responses. NATIONAL FOUNDATION FOR THE ADDRESSES: FOR FURTHER INFORMATION CONTACT: ARTS AND THE HUMANITIES Send comments to: Chuck Serena Boyd, 200 Constitution Avenue, Thomas, Institute of Museum and NW., Room N–4716, Washington, DC Notice of Proposed Information Library Services, 1800 M Street, NW., 20210; telephone: 202–693–3338. Collection Requests: Sustaining 9th Floor, Washington, DC 20036. Signed at Washington, DC, this 24th day of Digitized Special Collections and Telephone: 202–653–4663. E-mail: May, 2011. Archives Survey [email protected] or by or by teletype B. Jai Johnson, (TTY/TDD) for persons with hearing AGENCY: Institute of Museum and difficulty at 202–653–4614. Grant Officer, Employment and Training Library Services. Administration. SUPPLEMENTARY INFORMATION: ACTION: Notice, request for comments, [FR Doc. 2011–13327 Filed 5–27–11; 8:45 am] collection of information. I. Background: BILLING CODE 4510–FN–P The Institute of Museum and Library SUMMARY: The Institute of Museum and Services is the primary source of federal Library Services (IMLS), as part of its support for the Nation’s 123,000 NATIONAL ARCHIVES AND RECORDS continuing effort to reduce paperwork libraries and 17,500 museums. The ADMINISTRATION and respondent burden, conducts a pre- Institute’s mission is to create strong clearance consultation program to libraries and museums that connect Advisory Committee on the Records of provide the general public and federal Congress people to information and ideas. The agencies with an opportunity to Institute works at the national level and comment on proposed and/or in coordination with state and local continuing collections of information in organizations to sustain heritage, AGENCY: National Archives and Records accordance with the Paperwork culture, and knowledge; enhance Administration. Reduction Act (44 U.S.C. Chapter 35). learning and innovation; and support ACTION: Notice of meeting. This pre-clearance consultation program professional development. IMLS helps to ensure that requested data can conducts policy research, analysis, and SUMMARY: In accordance with the be provided in the desired format, data collection to extend and improve Federal Advisory Committee Act, the reporting burden (time and financial the Nation’s museum, library, and National Archives and Records resources) is minimized, collection information services. The policy Administration (NARA) announces a instruments are clearly understood, and research, analysis, and data collection is meeting of the Advisory Committee on the impact of collection requirements on used to: identify national needs for and the Records of Congress. The committee respondents can be properly assessed. trends in museum, library, and advises NARA on the full range of By this notice, IMLS is soliciting information services; measure and programs, policies, and plans for the comments concerning a proposed report on the impact and effectiveness Center for Legislative Archives in the survey to gather information on the of museum, library, and information Office of Records Services. practices of creating and maintaining services throughout the United States; DATES: The meeting will be held on June sustainable digitized special collections. identify best practices; and develop 13, 2011 from 10 a.m. to 11:30 a.m. A copy of the proposed information plans to improve museum, library, and ADDRESSES: Capitol Visitor Center, collection request can be obtained by information services of the United Congressional Meeting Room North. contacting the individual listed below States and strengthen national, State, in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: local, regional, and international DATES: Written comments must be communications and cooperative Agenda submitted to the office listed in the networks. (20 U.S.C. Chapter 72, 20 (1) Chair’s opening remarks— addressee section below on or before U.S.C. 9108). July 25, 2011. Secretary of the Senate. II. Current Actions (2) Recognition of Co-chair—Clerk of IMLS is particularly interested in the House. comments that help the agency to: Over the past decade, libraries, (3) Recognition of the Archivist of the • Evaluate whether the proposed archives, museums, foundations and United States. collection of information is necessary government agencies, and others have (4) Approval of the minutes of the last for the proper performance of the invested millions in the digitization of meeting. functions of the agency, including historical and rare content for research, (5) Discussion of on-going projects whether the information will have education, cultural heritage. Grants have and activities. practical utility; facilitated major digitization efforts, (6) Annual Report of the Center for • Evaluate the accuracy of the developed significant new collections, Legislative Archives. agency’s estimate of the burden of the and paved the way for exciting new (7) Other current issues and new proposed collection of information forms of research and teaching, possible business. including the validity of the only in an online environment. As The meeting is open to the public. methodology and assumptions used; budgets tighten and the real costs of FOR FURTHER INFORMATION CONTACT: • Enhance the quality, utility, and ongoing support for digital projects Richard H. Hunt, Director; Center for clarity of the information to be become clear, however, libraries, Legislative Archives; (202) 357–5350. collected; and archives, and museums are discovering

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that the work associated with Number of Respondents: To be functions of the agency, including digitization projects rarely concludes determined. whether the information will have when the last scanned file is posted to Estimated Time per Respondent: To practical utility; a public site. The maintenance of digital be determined. • Evaluate the accuracy of the projects requires an ongoing investment Total Annualized Capital/Startup agency’s estimate of the burden of the of both financial and human resources; Costs: To be determined. proposed collection of information not only must servers be supported and Total Costs: To be determined. including the validity of the user queries answered, but rapid FOR FURTHER INFORMATION CONTACT: methodology and assumptions used; • advances in technology are changing Chuck Thomas, Institute of Museum Enhance the quality, utility, and user expectations about how they want and Library Services, 1800 M Street clarity of the information to be to discover, interact with, and share NW., 9th Floor, Washington, DC 20036. collected; and • digital content. These changes are Telephone: 202–653–4663. E-mail: Minimize the burden of the creating complicated new challenges for [email protected] or by or by teletype collection of information on those who libraries, archives, and other institutions (TTY/TDD) for persons with hearing are to respond, including through the that wish to digitize and make available difficulty at 202–653–4614. use of appropriate automated electronic, their local special and archival mechanical, or other technological collections. Dated: May 25, 2011. collection techniques, or other forms of The project will consist of two parts: Kim Miller, information technology, e.g., permitting first, a survey asking representatives Management Analyst. electronic submissions of responses. from a range of institutions to document [FR Doc. 2011–13417 Filed 5–27–11; 8:45 am] ADDRESSES: Chuck Thomas, Senior existing practices and attitudes toward BILLING CODE 7036–01–P Program Officer, Institute of Museum sustaining digitized special collections, and Library Services, 1800 M Street, and second, a series of case studies on NW., 9th Floor, Washington, DC 20036. innovative models for managing and THE NATIONAL FOUNDATION FOR Telephone: 202–653–4663. E-mail: sustaining digitized special collections THE ARTS AND THE HUMANITIES [email protected] or by teletype (TTY/ (to be released in Spring 2012). This Submission for OMB Review, TDD) for persons with hearing difficulty study will promote the spread of at 202–653–4614. knowledge about library and museum Comment Request, Proposed Collection: IMLS Digital Collections SUPPLEMENTARY INFORMATION: The experiments and initiatives to support Institute of Museum and Library digital projects, enabling both the and Content: An Assessment of Opening History Services (IMLS) is an independent leaders of current and future digital Federal grant-making agency and is the projects to develop more robust AGENCY: Institute of Museum and primary source of federal support for the sustainability plans and also the funders Library Services, The National Nation’s 123,000 libraries and 17,500 and institutional administrators who Foundation for the Arts and the museums. IMLS provides a variety of support these projects to understand the Humanities. grant programs to assist the Nation’s factors and variables that help point ACTION: Submission for OMB review, museums and libraries in improving towards success. This survey will comment request. their operations and enhancing their attempt to gather data from a broad and services to the public. IMLS conducts representative range of cultural heritage SUMMARY: The Institute of Museum and policy research, analysis, and data organizations across the United States. Library Services announces that the collection to extend and improve the This survey is intended for libraries, following information collection has Nation’s museum, library, and archives, museums, and other cultural been submitted to the Office of information services. The policy heritage organizations that have Management and Budget (OMB) for research, analysis, and data collection is digitized some portion of their special review and approval in accordance with used to: Identify national needs for and collections or have arranged to have the Paperwork Reduction Act (44 U.S.C. trends in museum, library, and their special collections digitized by a Chapter 35). This program helps to information services; measure and third party. Please do not hesitate to ensure that requested data can be report on the impact and effectiveness contact the authors of the survey (see provided in the desired format, of museum, library, and information contact information below) if you are reporting burden (time and financial services throughout the United States; unsure whether the survey applies to resources) is minimized, collection identify best practices; and develop your organization. instruments are clearly understood, and The survey is being distributed to plans to improve museum, library, and the impact of collection requirements on information services of the United leaders of libraries or other institutions respondents can be properly assessed. that are: Recipients of IMLS funds for States and strengthen national, State, A copy of the proposed information local, regional, and international digitization projects from 1997 to the collection request, with applicable present, (through National Leadership communications and cooperative supporting documentation, may be networks. (20 U.S.C. Chapter 72, 20 Grants or via other routes such as LSTA obtained by contacting the individual funding) or Members of the Association U.S.C. 9108). listed below in the ADDRESSES section of Abstract: This national survey of of Research Libraries. this notice. Agency: Institute of Museum and reference service providers in public Library Services. DATES: Written comments must be and academic libraries is intended to Title: Sustaining Digitized Special submitted to the office listed in the help the IMLS Digital Collections and Collections and Archives Survey. ADDRESSES section below on or before Content (DCC) project evaluate the OMB Number: To be determined. June 27, 2011. Opening History resource. Opening Agency Number: 3137. OMB is particularly interested in History is a publicly available registry Frequency: One-time survey. comments that help the agency to: and repository of digital cultural Affected Public: Libraries, archives, • Evaluate whether the proposed heritage collections, expanded from a museums, and other cultural heritage collection of information is necessary strong base of collections digitized organizations. for the proper performance of the through IMLS support. Approximately

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1,000 cultural heritage institutions ACTION: Notice of the OMB review of document will be available on the NRC contribute to Opening History, information collection and solicitation home page site for 60 days after the including about 500 libraries and 130 of public comment. signature date of this notice. museums. This data collection will Comments and questions should be survey reference service providers about SUMMARY: The NRC has recently directed to the OMB reviewer listed the perceptions of Opening History, its submitted to OMB for review the below by June 30, 2011. Comments quality and scope, and effectiveness in following proposal for the collection of received after this date will be meeting needs of their local user information under the provisions of the considered if it is practical to do so, but communities. This collection is Paperwork Reduction Act of 1995 assurance of consideration cannot be necessary to achieve a thorough (44 U.S.C. chapter 35). The NRC hereby given to comments received after this understanding of how Opening History informs potential respondents that an date. is used by its target audience and to agency may not conduct or sponsor, and Christine J. Kymn, Desk Officer, Office determine the most effective use of that a person is not required to respond of Information and Regulatory Affairs IMLS resources with respect to future to, a collection of information unless it (3150–0034), NEOB–10202, Office of development of Opening History and displays a currently valid OMB control Management and Budget, the IMLS DCC. number. The NRC published a Federal Washington, DC 20503. Register Notice with a 60-day comment Current Actions: This notice proposes Comments can also be e-mailed to period on this information collection on clearance of the IMLS Digital [email protected] or February 18, 2011. Collections and Content: An Assessment submitted by telephone at (202) 395– of Opening History. The 60-day notice 1. Type of submission, new, revision, or extension: Extension. 4638. for the IMLS Digital Collections and The NRC Clearance Officer is 2. The title of the information Content: Opening History of Evaluation Tremaine Donnell, (301) 415–6258. was published in the Federal Register collection: NRC Form 64, ‘‘Travel Voucher’’ (Part 1); NRC Form 64A, Dated at Rockville, Maryland, this 24th day on May 11, 2010, (FR vol. 75, No. 90, of May, 2011. pg. 26283). No comments were received. ‘‘Travel Voucher’’ (Part 2); and NRC For the Nuclear Regulatory Commission. Agency: Institute of Museum and Form 64B, ‘‘Optional Travel Voucher’’ Library Services. (Part 2). Tremaine Donnell Title: IMLS Digital Collections and 3. Current OMB approval number: NRC Clearance Officer, Office of Information Content: An Assessment of Opening 3150–0192. Services. History. 4. The form number if applicable: [FR Doc. 2011–13304 Filed 5–27–11; 8:45 am] OMB Number: To be determined. NRC Forms 64, 64A, 64B. BILLING CODE 7590–01–P Agency Number: 3137. 5. How often the collection is Frequency: One-time survey of no required: On occasion. more than 613 reference-service 6. Who will be required or asked to NUCLEAR REGULATORY providers. report: Contractors, consultants and COMMISSION invited NRC travelers who travel in the Affected Public: General public, [NRC–2011–0117] libraries, museums. course of conducting business for the Number of Respondents: 613. NRC. Biweekly Notice; Applications and Burden hours per respondent: .3/hr. 7. An estimate of the number of Amendments to Facility Operating Total burden hours: 183.9. annual responses: 100. Licenses Involving No Significant Total Annualized Capital/Startup 8. The estimated number of annual Hazards Considerations Costs: $23,922. respondents: 100. Total Costs: $4,921.16. 9. An estimate of the total number of Addresses: Please include Docket ID Contact: Comments should be sent to hours needed annually to complete the NRC–2011–0117 in the subject line of Office of Information and Regulatory requirement or request: 100 (1 hour per your comments. Comments submitted in Affairs, Attn.: OMB Desk Officer for form). writing or in electronic form will be Education, Office of Management and 10. Abstract: Consultants, contractors, posted on the NRC Web site and on the Budget, Room 10235, Washington, DC and those invited by the NRC to travel Federal rulemaking Web site, http:// 20503, (202) 395–7316. (e.g., prospective employees) must file www.regulations.gov. Because your travel vouchers and trip reports in order comments will not be edited to remove Dated: May 26, 2011. to be reimbursed for their travel any identifying or contact information, Kim A. Miller, expenses. The information collected the NRC cautions you against including Management Analyst, Institute of Museum includes the name, address, social any information in your submission that & Library Services. security number, and the amount to be you do not want to be publicly [FR Doc. 2011–13481 Filed 5–27–11; 8:45 am] reimbursed. Travel expenses that are disclosed. BILLING CODE 7036–01–P reimbursed are confined to those The NRC requests that any party expenses essential to the transaction of soliciting or aggregating comments official business for an approved trip. received from other persons for NUCLEAR REGULATORY The public may examine and have submission to the NRC inform those COMMISSION copied for a fee publicly available persons that the NRC will not edit their documents, including the final comments to remove any identifying or [Docket No. NRC–2011–0034] supporting statement, at the NRC’s contact information, and therefore, they Agency Information Collection Public Document Room, Room O–1 F21, should not include any information in Activities: Submission for the Office of One White Flint North, 11555 Rockville their comments that they do not want Management and Budget (OMB) Pike, Rockville, Maryland. OMB publicly disclosed. You may submit Review; Comment Request clearance requests are available at the comments by any one of the following NRC worldwide Web site: http:// methods: AGENCY: U.S. Nuclear Regulatory www.nrc.gov/public-involve/doc- • Federal Rulemaking Web Site: Go to Commission (NRC). comment/omb/index.html. The http://www.regulations.gov and search

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for documents filed under Docket ID notice was published on May 17, 2011 0001, and should cite the publication NRC–2011–0117. Address questions (76 FR 28470). date and page number of this Federal about NRC dockets to Carol Gallagher, Register notice. Written comments may Notice of Consideration of Issuance of telephone: 301–492–3668; e-mail: also be faxed to the RADB at 301–492– Amendments to Facility Operating 3446. Documents may be examined, [email protected]. Licenses, Proposed No Significant • and/or copied for a fee, at the NRC’s Mail comments to: Cindy Bladey, Hazards Consideration Determination, Public Document Room (PDR), located Chief, Rules, Announcements, and and Opportunity for a Hearing Directives Branch (RADB), Office of at One White Flint North, Public File Administration, Mail Stop: TWB–05– The Commission has made a Area O1–F21, 11555 Rockville Pike B01M, U.S. Nuclear Regulatory proposed determination that the (first floor), Rockville, Maryland. Commission, Washington, DC 20555– following amendment requests involve Within 60 days after the date of 0001. no significant hazards consideration. publication of this notice, any person(s) • Fax comments to: RADB at 301– Under the Commission’s regulations in whose interest may be affected by this 492–3446. Title 10 of the Code of Federal action may file a request for a hearing You can access publicly available Regulations (10 CFR), § 50.92, this and a petition to intervene with respect documents related to this notice using means that operation of the facility in to issuance of the amendment to the accordance with the proposed the following methods: subject facility operating license. amendment would not (1) Involve a • NRC’s Public Document Room Requests for a hearing and a petition for significant increase in the probability or (PDR): The public may examine and leave to intervene shall be filed in consequences of an accident previously have copied, for a fee, publicly available accordance with the Commission’s evaluated; or (2) create the possibility of ’’ documents at the NRC’s PDR, O1–F21, Rules of Practice for Domestic a new or different kind of accident from ’’ One White Flint North, 11555 Rockville Licensing Proceedings in 10 CFR part any accident previously evaluated; or 2. Interested person(s) should consult a Pike, Rockville, Maryland 20852. (3) involve a significant reduction in a current copy of 10 CFR 2.309, which is • NRC’s Agencywide Documents margin of safety. The basis for this available at the Commission’s PDR, Access and Management System proposed determination for each located at One White Flint North, Public (ADAMS): Publicly available documents amendment request is shown below. File Area O1–F21, 11555 Rockville Pike created or received at the NRC are The Commission is seeking public (first floor), Rockville, Maryland. NRC available online in the NRC Library at comments on this proposed regulations are available online in the http://www.nrc.gov/reading-rm/ determination. Any comments received NRC Library on the NRC Web site at adams.html. From this page, the public within 30 days after the date of http://www.nrc.gov/reading-rm/doc- can gain entry into ADAMS, which publication of this notice will be collections/cfr/. If a request for a hearing provides text and image files of the considered in making any final or petition for leave to intervene is filed NRC’s public documents. If you do not determination. by the above date, the Commission or a have access to ADAMS or if there are Normally, the Commission will not presiding officer designated by the problems in accessing the documents issue the amendment until the Commission or by the Chief located in ADAMS, contact the NRC’s expiration of 60 days after the date of Administrative Judge of the Atomic PDR reference staff at 1–800–397–4209, publication of this notice. The Safety and Licensing Board Panel, will 301–415–4737, or by e-mail to Commission may issue the license rule on the request and/or petition; and [email protected]. amendment before expiration of the 60- the Secretary or the Chief • Federal Rulemaking Web Site: day period provided that its final Administrative Judge of the Atomic Public comments and supporting determination is that the amendment Safety and Licensing Board will issue a materials related to this notice can be involves no significant hazards notice of a hearing or an appropriate found at http://www.regulations.gov by consideration. In addition, the order. searching on Docket ID NRC–2011– Commission may issue the amendment As required by 10 CFR 2.309, a 0117. prior to the expiration of the 30-day petition for leave to intervene shall set comment period should circumstances I. Background forth with particularity the interest of change during the 30-day comment the petitioner in the proceeding, and Pursuant to section 189a.(2) of the period such that failure to act in a how that interest may be affected by the Atomic Energy Act of 1954, as amended timely way would result, for example in results of the proceeding. The petition (the Act), the U.S. Nuclear Regulatory derating or shutdown of the facility. should specifically explain the reasons Commission (the Commission or NRC) Should the Commission take action why intervention should be permitted is publishing this regular biweekly prior to the expiration of either the with particular reference to the notice. The Act requires the comment period or the notice period, it following general requirements: (1) The Commission publish notice of any will publish in the Federal Register a name, address, and telephone number of amendments issued, or proposed to be notice of issuance. Should the the requestor or petitioner; (2) the issued and grants the Commission the Commission make a final No Significant nature of the requestor’s/petitioner’s authority to issue and make Hazards Consideration Determination, right under the Act to be made a party immediately effective any amendment any hearing will take place after to the proceeding; (3) the nature and to an operating license upon a issuance. The Commission expects that extent of the requestor’s/petitioner’s determination by the Commission that the need to take this action will occur property, financial, or other interest in such amendment involves no significant very infrequently. the proceeding; and (4) the possible hazards consideration, notwithstanding Written comments may be submitted effect of any decision or order which the pendency before the Commission of by mail to the Chief, Rules, may be entered in the proceeding on the a request for a hearing from any person. Announcements and Directives Branch requestor’s/petitioner’s interest. The This biweekly notice includes all (RADB), TWB–05–B01M, Division of petition must also identify the specific notices of amendments issued, or Administrative Services, Office of contentions which the requestor/ proposed to be issued from May 5, 2011 Administration, U.S. Nuclear Regulatory petitioner seeks to have litigated at the to May 18, 2011. The last biweekly Commission, Washington, DC 20555– proceeding.

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Each contention must consist of a documents over the internet, or in some should be in Portable Document Format specific statement of the issue of law or cases to mail copies on electronic (PDF) in accordance with NRC guidance fact to be raised or controverted. In storage media. Participants may not available on the NRC public Web site at addition, the requestor/petitioner shall submit paper copies of their filings http://www.nrc.gov/site-help/e- provide a brief explanation of the bases unless they seek an exemption in submittals.html. A filing is considered for the contention and a concise accordance with the procedures complete at the time the documents are statement of the alleged facts or expert described below. submitted through the NRC’s E-Filing opinion which support the contention To comply with the procedural system. To be timely, an electronic and on which the requestor/petitioner requirements of E-Filing, at least ten filing must be submitted to the E-Filing intends to rely in proving the contention (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern at the hearing. The requestor/petitioner participant should contact the Office of Time on the due date. Upon receipt of must also provide references to those the Secretary by e-mail at a transmission, the E-Filing system specific sources and documents of [email protected], or by telephone time-stamps the document and sends which the petitioner is aware and on at (301) 415–1677, to request (1) A the submitter an e-mail notice which the requestor/petitioner intends digital ID certificate, which allows the confirming receipt of the document. The to rely to establish those facts or expert participant (or its counsel or E-Filing system also distributes an e- opinion. The petition must include representative) to digitally sign mail notice that provides access to the sufficient information to show that a documents and access the E-Submittal document to the NRC Office of the genuine dispute exists with the server for any proceeding in which it is General Counsel and any others who applicant on a material issue of law or participating; and (2) advise the have advised the Office of the Secretary fact. Contentions shall be limited to Secretary that the participant will be that they wish to participate in the matters within the scope of the submitting a request or petition for proceeding, so that the filer need not amendment under consideration. The hearing (even in instances in which the serve the documents on those contention must be one which, if participant, or its counsel or participants separately. Therefore, proven, would entitle the requestor/ representative, already holds an NRC- applicants and other participants (or petitioner to relief. A requestor/ issued digital ID certificate). Based upon their counsel or representative) must petitioner who fails to satisfy these this information, the Secretary will apply for and receive a digital ID requirements with respect to at least one establish an electronic docket for the certificate before a hearing request/ contention will not be permitted to hearing in this proceeding if the petition to intervene is filed so that they participate as a party. Secretary has not already established an can obtain access to the document via Those permitted to intervene become electronic docket. the E-Filing system. parties to the proceeding, subject to any Information about applying for a A person filing electronically using limitations in the order granting leave to digital ID certificate is available on the agency’s adjudicatory E-Filing intervene, and have the opportunity to NRC’s public Web site at http:// system may seek assistance by participate fully in the conduct of the www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help hearing. apply-certificates.html. System Desk through the ‘‘Contact Us’’ link If a hearing is requested, the requirements for accessing the E- located on the NRC Web site at http:// Commission will make a final Submittal server are detailed in NRC’s www.nrc.gov/site-help/e- determination on the issue of no ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at significant hazards consideration. The which is available on the agency’s [email protected], or by a toll- final determination will serve to decide public Web site at http://www.nrc.gov/ free call at 866–672–7640. The NRC when the hearing is held. If the final site-help/e-submittals.html. Participants Meta System Help Desk is available determination is that the amendment may attempt to use other software not between 8 a.m. and 8 p.m., Eastern request involves no significant hazards listed on the Web site, but should note Time, Monday through Friday, consideration, the Commission may that the NRC’s E-Filing system does not excluding government holidays. issue the amendment and make it support unlisted software, and the NRC Participants who believe that they immediately effective, notwithstanding Meta System Help Desk will not be able have a good cause for not submitting the request for a hearing. Any hearing to offer assistance in using unlisted documents electronically must file an held would take place after issuance of software. exemption request, in accordance with the amendment. If the final If a participant is electronically 10 CFR 2.302(g), with their initial paper determination is that the amendment submitting a document to the NRC in filing requesting authorization to request involves a significant hazards accordance with the E-Filing rule, the continue to submit documents in paper consideration, any hearing held would participant must file the document format. Such filings must be submitted take place before the issuance of any using the NRC’s online, Web-based by: (1) First class mail addressed to the amendment. submission form. In order to serve Office of the Secretary of the All documents filed in NRC documents through EIE, users will be Commission, U.S. Nuclear Regulatory adjudicatory proceedings, including a required to install a Web browser plug- Commission, Washington, DC 20555– request for hearing, a petition for leave in from the NRC Web site. Further 0001, Attention: Rulemaking and to intervene, any motion or other information on the Web-based Adjudications Staff; or (2) courier, document filed in the proceeding prior submission form, including the express mail, or expedited delivery to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland, 20852, Attention: under 10 CFR 2.315(c), must be filed in Once a participant has obtained a Rulemaking and Adjudications Staff. accordance with the NRC E-Filing rule digital ID certificate and a docket has Participants filing a document in this (72 FR 49139, August 28, 2007). The E- been created, the participant can then manner are responsible for serving the Filing process requires participants to submit a request for hearing or petition document on all other participants. submit and serve all adjudicatory for leave to intervene. Submissions Filing is considered complete by first-

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class mail as of the time of deposit in define a new time limit for restoring possibility of a new or different kind of the mail, or by courier, express mail, or inoperable Reactor Coolant System accident from any previously evaluated. expedited delivery service upon (RCS) leakage detection instrumentation 3. Does the proposed change involve a depositing the document with the to operable status; establish alternate significant reduction in a margin of safety? provider of the service. A presiding Response: No. methods of monitoring RCS leakage The proposed change clarifies the officer, having granted an exemption when one or more required monitors are operability requirements for the RCS leakage request from using E-Filing, may require inoperable; and make TS Bases changes detection instrumentation and reduces the a participant or party to use E-Filing if which reflect the proposed changes and time allowed for the plant to operate when the presiding officer subsequently more accurately reflect the contents of the only TS-required operable RCS leakage determines that the reason for granting the facility design basis related to detection instrumentation monitor is the the exemption from use of E-Filing no operability of the RCS leakage detection primary containment atmospheric gaseous longer exists. instrumentation. These changes are radiation monitor. Reducing the amount of Documents submitted in adjudicatory consistent with NRC-approved Revision time the plant is allowed to operate with only the primary containment atmospheric proceedings will appear in NRC’s 3 to Technical Specification Task Force electronic hearing docket which is gaseous radiation monitor operable increases Traveler (TSTF) Improved Standard the margin of safety by increasing the available to the public at http:// Technical Specification Change Traveler likelihood that an increase in RCS leakage ehd1.nrc.gov/EHD/ unless excluded TSTF–514, ‘‘Revise BWR Operability will be detected before it potentially results pursuant to an order of the Commission, Requirements and Actions for RCS in gross failure. or the presiding officer. Participants are Leakage Instrumentation.’’ The Therefore, it is concluded that the requested not to include personal availability of this TS improvement was proposed change does not involve a privacy information, such as social announced in the Federal Register on significant reduction in a margin of safety. security numbers, home addresses, or December 17, 2010 (75 FR 79048) as The NRC staff has reviewed the home phone numbers in their filings, part of the consolidated line item licensee’s analysis and, based on this unless an NRC regulation or other law improvement process (CLIIP). review, it appears that the three requires submission of such Basis for proposed no significant standards of 10 CFR 50.92(c) are information. With respect to hazards consideration determination: satisfied. Therefore, the NRC staff copyrighted works, except for limited As required by 10 CFR 50.91(a), the proposes to determine that the excerpts that serve the purpose of the licensee has provided its analysis of the amendment request involves no adjudicatory filings and would issue of no significant hazards significant hazards consideration. constitute a Fair Use application, consideration, which is presented Attorney for licensee: David G. participants are requested not to include below. Pettinari, DTE Energy Senior Corporate copyrighted materials in their 1. Does the proposed change involve a Attorney—Regulatory, 688 WCB, DTE submission. Energy, One Energy Plaza, Detroit, MI Petitions for leave to intervene must significant increase in the probability or consequences of an accident previously 48226–1279. be filed no later than 60 days from the evaluated? NRC Branch Chief: Robert J. date of publication of this notice. Non- Response: No. Pascarelli. timely filings will not be entertained The proposed change clarifies the absent a determination by the presiding operability requirements for the RCS leakage Energy Northwest, Docket No. 50–397, officer that the petition or request detection instrumentation and reduces the Columbia Generating Station, Benton should be granted or the contentions time allowed for the plant to operate when County, Washington should be admitted, based on a the only TS-required operable RCS leakage detection instrumentation monitor is the Date of amendment request: March 3, balancing of the factors specified in 10 2011. CFR 2.309(c)(1)(i)-(viii). primary containment atmospheric gaseous radiation monitor. The monitoring of RCS Description of amendment request: For further details with respect to this leakage is not a precursor to any accident The proposed changes are license amendment application, see the previously evaluated. The monitoring of RCS administrative in nature and would application for amendment, which is leakage is not used to mitigate the delete or modify existing license available for public inspection at the consequences of any accident previously conditions that have been completed or Commission’s PDR, located at One evaluated. are otherwise no longer in effect. Therefore, it is concluded that this change White Flint North, Public File Area O1 Approval of the proposed changes to the F21, 11555 Rockville Pike (first floor), does not involve a significant increase in the probability or consequences of an accident Operating License would support the Rockville, Maryland. Publicly available Columbia license renewal effort. documents created or received at the previously evaluated. 2. Does the proposed change create the Basis for proposed no significant NRC are available online in the NRC possibility of a new or different kind of hazards consideration determination: Library at http://www.nrc.gov/reading- accident from any accident previously As required by 10 CFR 50.91(a), the rm/adams.html. Persons who do not evaluated? licensee has provided its analysis of the have access to ADAMS or who Response: No. issue of no significant hazards encounter problems in accessing the The proposed change clarifies the consideration, which is presented operability requirements for the RCS leakage documents located in ADAMS, should below: contact the NRC PDR Reference staff at detection instrumentation and reduces the 1–800–397–4209, 301–415–4737, or by time allowed for the plant to operate when 1. Does the proposed change involve a e-mail to [email protected]. the only TS-required operable RCS leakage significant increase in the probability or detection instrumentation monitor is the consequences of an accident previously Detroit Edison, Docket No. 50–341, primary containment atmospheric gaseous evaluated? Fermi 2, Monroe County, Michigan radiation monitor. The proposed change does Response: No. not involve a physical alteration of the plant The proposed amendment deletes license Date of amendment request: April 8, (no new or different type of equipment will conditions which are completed or are 2011. be installed) or a change in the methods otherwise obsolete. As such, the changes are Description of amendment request: governing normal plant operation. strictly administrative in nature. The changes The proposed amendment would revise Therefore, it is concluded that the do not affect the manner by which the facility the Technical Specifications (TS) to proposed change does not create the is operated and do not change any facility

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design feature, structure, system, or operability of the RCS leakage detection drywell atmospheric gaseous radiation component. The proposed changes do not instrumentation. These changes are monitor. Reducing the amount of time the alter the design assumptions for the systems consistent with NRC-approved Revision plant is allowed to operate with only the or components used to mitigate the 3 to Technical Specification Task Force drywell atmospheric gaseous radiation consequences of an accident. monitor operable increases the margin of Therefore, this change does not involve a (TSTF) Improved Standard Technical safety by increasing the likelihood that an significant increase in the probability or Specification (STS) Change Traveler increase in RCS leakage will be detected consequences of an accident previously TSTF–514, ‘‘Revise BWR [Boiling-Water before it potentially results in gross failure. evaluated. Reactor] Operability Requirements and Therefore, it is concluded that the 2. Does the proposed change create the Actions for RCS Leakage proposed change does not involve a possibility of a new or different kind of Instrumentation.’’ The availability of significant reduction in a margin of safety. accident from any accident previously this TS improvement was announced in evaluated? The NRC staff has reviewed the the Federal Register on December 17, licensee’s analysis and, based on this Response: No. 2010 (75 FR 79048), as part of the The proposed amendment deletes license review, it appears that the three conditions which are completed or are consolidated line item improvement standards of 10 CFR 50.92(c) are otherwise obsolete. As such, the changes are process. satisfied. Therefore, the NRC staff strictly administrative in nature. The changes Basis for proposed no significant proposes to determine that the do not affect the manner by which the facility hazards consideration determination: amendment request involves no is operated and do not change any facility As required by 10 CFR 50.91(a), the significant hazards consideration. design feature, structure, system, or licensee has provided its analysis of the Attorney for licensee: William A. component. No new or different type of issue of no significant hazards Horin, Esq., Winston & Strawn, 1700 K equipment will be installed. consideration, which is presented Street, NW., Washington, DC 20006– Therefore, this change does not create the below: possibility of a new or different kind of 3817. accident from any accident previously 1. Does the proposed change involve a NRC Branch Chief: Michael T. evaluated. significant increase in the probability or Markley. 3. Does the proposed change involve a consequences of an accident previously significant reduction in a margin of safety? evaluated? FirstEnergy Nuclear Operating Response: No. Response: No. Company (FENOC, the licensee), et al., The proposed amendment to the Operating The proposed change clarifies the Docket No. 50–440, Perry Nuclear Power License is administrative in nature and has operability requirements for the RCS leakage Plant, Unit No. 1 (PNPP), Lake County, no impact on the margin of safety. The detection instrumentation and reduces the Ohio changes do not affect any plant safety time allowed for the plant to operate when parameters or setpoints. The license the only TS-required operable RCS leakage Date of amendment request: April 12, conditions have been satisfied as required. detection instrumentation monitor is the 2011. Therefore, the proposed change does not drywell atmospheric gaseous radiation Description of amendment request: involve a significant reduction in a margin of monitor. The monitoring of RCS leakage is The proposed amendment would revise safety. not a precursor to any accident previously the PNPP Technical Specifications (TSs) evaluated. The monitoring of RCS leakage is The NRC staff has reviewed the to define a new time limit for restoring not used to mitigate the consequences of any inoperable reactor coolant system (RCS) licensee’s analysis and, based on this accident previously evaluated. Therefore, it review, it appears that the three is concluded that this change does not leakage detection instrumentation to standards of 10 CFR 50.92(c) are involve a significant increase in the operable status and establish alternate satisfied. Therefore, the NRC staff probability or consequences of an accident methods of monitoring RCS leakage proposes to determine that the previously evaluated. when one or more required monitors are amendment request involves no 2. Does the proposed change create the inoperable. The changes are consistent significant hazards consideration. possibility of a new or different kind of with U.S. Nuclear Regulatory accident from any accident previously Commission (NRC)-approved Technical Attorney for licensee: William A. evaluated? Horin, Esq., Winston & Strawn, 1700 K Specification Task Force (TSTF) change Response: No. traveler TSTF–514, Revision 3, ‘‘Revise Street, NW., Washington, DC 20006– The proposed change clarifies the 3817. operability requirements for the RCS leakage [Pressurized Water Reactor] PWR NRC Branch Chief: Michael T. detection instrumentation and reduces the Operability and Actions for RCS Markley. time allowed for the plant to operate when Leakage Instrumentation.’’ the only TS-required operable RCS leakage Basis for proposed no significant Energy Northwest, Docket No. 50–397, detection instrumentation monitor is the hazards consideration determination: Columbia Generating Station, Benton drywell atmospheric gaseous radiation As required by Title 10 of the Code of County, Washington monitor. The proposed change does not Federal Regulations (CFR) 50.91(a), the Date of amendment request: April 11, involve a physical alteration of the plant (no licensee has provided its analysis of the new or different type of equipment will be issue of no significant hazards 2011. installed) or a change in the methods Description of amendment request: governing normal plant operation. consideration which is presented below: The proposed amendment would revise Therefore, it is concluded that the 1. Does the proposed amendment involve the Technical Specifications (TSs) to proposed change does not create the a significant increase in the probability or define a new time limit for restoring possibility of a new or different kind of consequences of an accident previously inoperable Reactor Coolant System accident from any previously evaluated. evaluated? (RCS) leakage detection instrumentation 3. Does the proposed change involve a Response: No. to operable status; establish alternate significant reduction in a margin of safety? The proposed change clarifies the methods of monitoring RCS leakage Response: No. operability requirements for the RCS leakage The proposed change clarifies the detection instrumentation and reduces the when one or more required monitors are operability requirements for the RCS leakage time allowed for the plant to operate when inoperable; and make TS Bases changes detection instrumentation and reduces the the only TS-required operable RCS leakage which reflect the proposed changes and time allowed for the plant to operate when detection instrumentation monitor is the more accurately reflect the contents of the only TS-required operable RCS leakage drywell atmospheric gaseous radiation the facility design basis related to detection instrumentation monitor is the monitor. The monitoring of RCS leakage is

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not a precursor to any accident previously Reactor Coolant System (RCS) leakage monitor operable increases the margin of evaluated. The monitoring of RCS leakage is detection instrumentation to operable safety by increasing the likelihood that an not used to mitigate the consequences of any status and to establish alternate methods increase in RCS leakage will be detected accident previously evaluated. of monitoring RCS leakage when one or before it potentially results in gross failure. Therefore, it is concluded that this change Therefore, it is concluded that the does not involved a significant increase in more required monitors are inoperable. proposed change does not involve a the probability or consequences of an Basis for proposed no significant significant reduction in a margin of safety. hazards consideration determination: accident previously evaluated. The NRC staff has reviewed the 2. Does the proposed amendment create As required by 10 CFR 50.91(a), the the possibility of a new or different kind of licensee has provided its analysis of the licensee’s analysis and, based on this accident from any accident previously issue of no significant hazards review, it appears that the three evaluated? consideration, which is presented standards of 10 CFR 50.92(c) are Response: No. below: satisfied. Therefore, the NRC staff The proposed change clarifies the proposes to determine that the operability requirements for the RCS leakage 1. Does the proposed change involve a amendment request involves no detection instrumentation and reduces the significant increase in the probability or significant hazards consideration. time allowed for the plant to operate when consequences of an accident previously Attorney for licensee: M.S. Ross, the only TS-required operable RCS leakage evaluated? Response: No. Attorney, Florida Power & Light, P.O. detection instrumentation monitor is the Box 14000, Juno Beach, Florida 33408– drywell atmospheric gaseous radiation The proposed change clarifies the monitor. The proposed change does not operability requirements for the RCS leakage 0420. involve a physical alteration of the plant (no detection instrumentation and reduces the NRC Branch Chief: Douglas A. new or different type of equipment will be time allowed for the plant to operate when Broaddus. installed) or a change in the methods the only TS-required operable RCS leakage detection instrumentation monitor is the Florida Power and Light Company, governing normal plant operation. Docket Nos. 50–250 and 50–251, Turkey Therefore, it is concluded that the containment atmosphere gaseous radiation proposed change does not create the monitor. The monitoring of RCS leakage is Point Plant, Units 3 and 4, Miami-Dade possibility of a new or different kind of not a precursor to any accident previously County, Florida accident from any previously evaluated. evaluated. The monitoring of RCS leakage is Date of amendment request: February 3. Does the proposed amendment involve not used to mitigate the consequences of any 21, 2011. a significant reduction in a margin of safety? accident previously evaluated. Therefore, it is concluded that the Description of amendment request: Response: No. The proposed amendments would The proposed change clarifies the proposed change does not involve a operability requirements for the RCS leakage significant increase in the probability or relocate selected figures and values from detection instrumentation and reduces the consequences of an accident previously the Technical Specifications (TSs) to the time allowed for the plant to operate when evaluated. Core Operating Limits Report (COLR) the only TS-required operable RCS leakage 2. Does the proposed change create the including TS Figure 2.1–1 cited in TS detection instrumentation monitor is the possibility of a new or different kind of 2.1.1, selected portions of Note 1 on drywell atmospheric gaseous radiation accident from any accident previously Overtemperature Delta Temperature and monitor. Reducing the amount of time the evaluated? Note 3 on Overpower Delta Temperature plant is allowed to operate with only the Response: No. The proposed change clarifies the in cited TS Table 2.2–1, TS Figure 3.1– drywell atmospheric gaseous radiation 1 cited in TS 3/4.1.1.1, Shutdown monitor operable increases the margin of operability requirements for the RCS leakage safety by increasing the likelihood that an detection instrumentation and reduces the Margin value cited in TS 3/4.1.1.2, increase in RCS leakage will be detected time allowed for the plant to operate when Moderator Temperature Coefficient before it potentially results in gross failure. the only TS-required operable RCS leakage values cited in TS 3/4.1.1.3, and Therefore, the proposed TS changes do not detection instrumentation monitor is the Departure from Nucleate Boiling values involve a significant reduction in a margin of containment atmosphere gaseous radiation cited in TS 3.2.5. The description of the safety. monitor. The proposed change does not COLR in TS 6.9.1.7 is also revised to involve a physical alteration of the plant (no reflect these proposed changes. The The NRC staff has reviewed the new or different type of equipment will be licensee’s analysis and, based on this installed) or a change in the methods affected TS figures and technical limits review, it appears that the three governing normal plant operation. The cited above are only being relocated to standards of 10 CFR 50.92(c) are proposed change maintains sufficient the COLR and are not being changed satisfied. Therefore, the NRC staff continuity and diversity of leak detection under this license amendment request. proposes to determine that the capability that the probability of piping Basis for proposed no significant amendment request involves no evaluated and approved for Leak-Before- hazards consideration determination: significant hazards consideration. Break progressing to pipe rupture remains As required by 10 CFR 50.91(a), the extremely low. licensee has provided its analysis of the Attorney for licensee: David W. Therefore, it is concluded that the Jenkins, Attorney, FirstEnergy issue of no significant hazards proposed change does not create the consideration, which is presented Corporation, Mail Stop A–GO–15, 76 possibility of a new or different kind of South Main Street, Akron, OH 44308. accident from any previously evaluated. below: NRC Branch Chief: Robert D. Carlson. 3. Does the proposed change involve a 1. Does the proposed amendment involve significant reduction in a margin of safety? a significant increase in the probability or Florida Power and Light Company, et Response: No. consequences of an accident previously al., Docket Nos. 50–335 and 50–389, St. The proposed change clarifies the evaluated? Lucie Plant, Unit Nos. 1 and 2, St. Lucie operability requirements for the RCS leakage Response: No. County, Florida detection instrumentation and reduces the The proposed changes to relocate cycle- Date of amendment request: March time allowed for the plant to operate when specific parameters from TS to the COLR are the only TS-required operable RCS leakage administrative in nature and do not adversely 11, 2011. detection instrumentation monitor is the affect accident initiators or precursors nor Description of amendment request: containment atmosphere gaseous radiation alter the design assumptions, conditions, and The amendments would revise the monitor. Reducing the amount of time the configuration of the facilities or the manner technical specifications (TSs) to define plant is allowed to operate with only the in which the units are operated. The a new time limit for restoring inoperable containment atmosphere gaseous radiation proposed changes do not alter or prevent the

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ability of structures, systems or components determine that the amendment request introduce failure modes that could result in to perform their intended function to mitigate involves no significant hazards a new accident. The change does not alter the consequences of an initiating event consideration. assumptions made in the safety analysis. within the acceptance limits assumed in the Attorney for licensee: M.S. Ross, Therefore, the proposed change does not PTN [Turkey Point Plant] Updated Final Attorney, Florida Power & Light, P.O. create the possibility of a new or different Safety Report (UFSAR). kind of accident from any accident The subject parameter limits will continue Box 14000, Juno Beach, Florida 33408– previously evaluated. to be administratively controlled in 0420. 3. The proposed changes do not involve a accordance with Technical Specification NRC Branch Chief: Douglas A. significant reduction in the margin of safety. 6.9.1.7. Specifically, this TS requires the Broaddus. Margin of safety is associated with COLR to be submitted to the NRC each reload confidence in the ability of the fission cycle, including any mid-cycle revisions or NextEra Energy Seabrook, LLC, Docket product barriers (i.e., fuel cladding, reactor supplements. No. 50–443, Seabrook Station, Unit No. coolant system pressure boundary, and Therefore, the proposed amendment does 1, Rockingham County, New Hampshire containment structure) to limit the level of not involve a significant increase in the Date of amendment request: radiation dose to the public. The proposed probability or consequences of an accident December 29, 2010. change does not involve a significant change previously evaluated. Description of amendment request: in the method of plant operation, and no 2. Does the proposed amendment create accident analyses will be affected by the the possibility of a new or different kind of The proposed change would delete the proposed changes. Additionally, the accident from any accident previously Seabrook Technical Specification (TS) proposed changes will not relax any criteria evaluated? 3.4.10, ‘‘Structural Integrity,’’ while used to establish safety limits and will not Response: No. relocating the requirements of relax any safety system settings. The safety The proposed changes do not alter the Surveillance Requirement 4.4.10 to TS analysis acceptance criteria are not affected design assumptions, conditions, or 6.7.6.m. by this change. The proposed change will not configurations of the facilities or the manner Basis for proposed no significant result in plant operation in a configuration in which the units are operated. The hazards consideration (NSHC) outside the design basis. The proposed proposed changes have no adverse impact on change does not adversely affect systems that determination: As required by 10 CFR respond to safely shutdown the plant and to component or system interactions. The 50.91(a), the licensee has provided its proposed changes will not degrade the ability maintain the plant in a safe shutdown of systems, structures or components analysis of the issue of NSHC, which is condition. important to safety to perform their safety presented below: Therefore, these proposed changes do not function nor change the response of any 1. The proposed change does not involve involve a significant reduction in a margin of system, structure or component important to a significant increase in the probability or safety. safety as described in the PTN UFSAR. The consequences of an accident previously The NRC staff has reviewed the proposed changes are administrative in evaluated. licensee’s analysis and, based on this nature and do not change the level of The proposed change does not impact the review, it appears that the three programmatic and procedural details that physical function of plant structures, assure safe operation of the facilities. systems, or components (SSCs) or the manner standards of 50.92(c) are satisfied. Since there are no changes to the design in which SSCs perform their design function. Therefore, the NRC staff proposes to assumptions, parameters, conditions and The proposed change neither adversely determine that the amendment request configuration of the facilities, or the manner affects accident initiators or precursors, nor involves NSHC. in which the plants are operated and alters design assumptions. The proposed Attorney for licensee: M.S. Ross, surveilled, the proposed amendment does change does not alter or prevent the ability Florida Power & Light Company, P.O. not create the possibility of a new or different of operable SSCs to perform their intended Box 14000, Juno Beach, FL 33408–0420. accident from any previously analyzed. function to mitigate the consequences of an NRC Branch Chief: Harold K. 3. Does the proposed amendment involve initiating event within assumed acceptance Chernoff. a significant reduction in the margin of limits. safety? The proposed change removes from the Pacific Gas and Electric Company, Response: No. Technical Specifications the requirements Docket Nos. 50–275 and 50–323, Diablo There is no adverse impact on equipment associated with structural integrity. Canyon Nuclear Power Plant, Unit Nos. design or operation and there are no changes Removing these requirements will have no 1 and 2, San Luis Obispo County, being made to Technical Specification cycle- adverse effect on plant operation, the California specific parameter limits themselves that availability or operation of any accident would adversely affect plant safety. The mitigation equipment, or plant response to a Date of amendment request: March proposed changes are administrative in design basis accident. The change has no 28, 2011. nature and impose alternative procedural and impact on the ability of [American Society of Description of amendment request: programmatic controls on these parameter Mechanical Engineers (ASME)] Code Class 1, The proposed amendments would limits in accordance with the Commission’s 2, and 3 components to perform their safety revise Technical Specification (TS) position established by Generic Letter 88–16 functions since these components remain 3.8.1, ‘‘AC [Alternating Current] under the control of [Title 10 of the Code of (Reference 1). Any needed changes to these Sources—Operating,’’ to incorporate limits will continue to be submitted to the Federal Regulations, Section 50.55a]. NRC in accordance with TS 6.9.1.7 Therefore, the proposed change does not Technical Specification Task Force requirements. involve a significant increase in the (TSTF) Change Traveler TSTF–163, Therefore, the proposed amendment does probability or consequences of an accident Revision 2, ‘‘Minimum vs. Steady State not involve a significant reduction in the previously evaluated. Voltage and Frequency,’’ dated April 22, margin of safety. 2. The proposed change does not create the 1998. The proposed changes would also Based on the above discussion, FPL has possibility of a new or different kind of revise the Final Safety Analysis Report determined that the proposed change does accident from any accident previously Update to identify an exception to NRC not involve a significant hazards evaluated. Safety Guide 9, ‘‘Selection of Diesel consideration. The proposed change will not impact the accident analysis. The change does not Generator Set Capacity for Standby The NRC staff has reviewed the involve a physical alteration of the plant (i.e., Power Supplies,’’ dated March 10, 1971. licensee’s analysis and, based on this no new or different type of equipment will Basis for proposed no significant review, it appears that the three be installed), a significant change in the hazards consideration determination: standards of 50.92(c) are satisfied. method of plant operation, or new operator As required by 10 CFR 50.91(a), the Therefore, the NRC staff proposes to actions. The proposed change will not licensee has provided its analysis of the

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issue of no significant hazards review, it appears that the three process. The NRC staff subsequently consideration, which is presented standards of 10 CFR 50.92(c) are issued a notice of availability of the below: satisfied. Therefore, the NRC staff models, electronically under ADAMS 1. Does the change involve a significant proposes to determine that the Accession Number ML102300729, for increase in the probability or consequences amendment requests involve no referencing in license amendment of an accident previously evaluated? significant hazards consideration. applications in the FR on December 17, Response: No. Attorney for licensee: Jennifer Post, 2010 (75 FR 79048). The FR notice of The proposed change revises the Esq., Pacific Gas and Electric Company, availability also stated that the NRC staff acceptance criteria to be applied to an P.O. Box 7442, San Francisco, California disposition of comments received on the existing Technical Specification (TS) 94120. Notice of Opportunity for Comment surveillance test of the facility diesel NRC Branch Chief: Michael T. announced in the FR on April 13, 2010 generators (DGs). The proposed changes also Markley. revise the Final Safety Analysis Report (75 FR 18907–18908), on TSTF–514, (FSAR) Update to identify an exception to PPL Susquehanna, LLC, Docket Nos. 50– Revision 1 is available electronically Regulatory Guide (RG) 1.9, Revision 0, for DG 387 and 50–388, Susquehanna Steam under ADAMS Accession Number frequency recovery time following loading. Electric Station, Units 1 and 2, Luzerne ML102300727. The differences between The performing of a surveillance test or County, Pennsylvania the revisions did not cause any changes identification of RG 1.9 exceptions is not an to the NRC staff SE. As such the accident initiator and does not increase the Date of amendment request: April 8, comments received on Revision 1 are probability of an accident occurring. The 2011. proposed new surveillance acceptance Description of amendment request: equally applicable to Revision 3. The criteria will continue to assure that the DGs The proposed changes revise and add a licensee affirmed the applicability of the are capable of carrying the peak electrical new Condition C to Technical model NSHC determination in its loading assumed in the various existing Specification (TS) 3.4.6, ‘‘RCS [Reactor application dated April 8, 2011. safety analyses, which take credit for the Basis for proposed no significant Coolant System] Leakage Detection operation of the DGs. The proposed RG 1.9 hazards consideration determination: Instrumentation’’ and revise the exception does not adversely impact the As required by 10 CFR 50.91(a), the ability of the DGs to perform their safety associated bases. New Condition C is function. applicable when the primary licensee has provided its analysis of the Therefore, the proposed change does not containment atmosphere gaseous issue of no significant hazards involve a significant increase in the radiation monitor is the only operable consideration, which is presented probability or consequences of an accident TS-required instrument monitoring RCS below: previously evaluated. 1. Does the proposed change involve a 2. Does the change create the possibility of leakage, i.e., TS-required particulate and sump monitors are inoperable. New significant increase in the probability or a new or different kind of accident from any consequences of an accident previously accident previously evaluated? Condition C Required Actions require monitoring RCS leakage by obtaining evaluated? Response: No. Response: No. The proposed change revises the test and analyzing grab samples of the The proposed change clarifies the acceptance criteria for a specific performance primary containment atmosphere every operability requirements for the RCS leakage test conducted on the existing DGs and 12 hours, monitoring RCS leakage using detection instrumentation and reduces the specify a RG 1.9 exception. The proposed administrative means every 12 hours, time allowed for the plant to operate when change does not involve installation of new and taking action to restore monitoring the only TS-required operable RCS leakage equipment or modification of existing detection instrumentation monitor is the equipment, so no new equipment failure capability using another monitor within 7 days. Additionally, minor editorial primary containment atmospheric gaseous modes are introduced. The proposed revision radiation monitor. The monitoring of RCS to the DG surveillance test acceptance criteria revisions are proposed to ensure leakage is not a precursor to any accident and the RG 1.9 exception are not a change continuity of the TS format. These previously evaluated. The monitoring of RCS to the way that the equipment or facility is changes are the result of new Condition leakage is not used to mitigate the operated and no new accident initiators are C and consist of re-lettering existing consequences of any accident previously created. evaluated. Therefore, it is concluded that this Therefore, the proposed change does not Conditions C and D as Conditions D and E, respectively. change does not involve a significant create the possibility of a new or different increase in the probability or consequences accident from any accident previously The NRC staff issued a notice of opportunity for comment in the Federal of an accident previously evaluated. evaluated. 2. Does the proposed change create the 3. Does the change involve a significant Register (FR) on April 13, 2010 (75 FR possibility of a new or different kind of reduction in a margin of safety? 18907–18908), based on TS Task Force accident from any accident previously Response: No. (TSTF)–514, Revision 1, on possible evaluated? The conduct of performance tests on amendments to revise the plant-specific Response: No. safety-related plant equipment is a means of TS, to define a new time limit for The proposed change clarifies the assuring that the equipment is capable of operability requirements for the RCS leakage maintaining the margin of safety established restoring inoperable RCS leakage detection instrumentation and reduces the in the safety analyses for the facility. With detection instrumentation to operable time allowed for the plant to operate when the proposed change in the DG TS status, establish alternate methods of the only TS-required operable RCS leakage surveillance test acceptance criteria, the DG monitoring RCS leakage when one or detection instrumentation monitor is the will continue to [be] tested in a manner that more required monitors are inoperable, primary containment atmospheric gaseous assures it will perform as assumed in the and make TS Bases changes which radiation monitor. The proposed change does existing safety analyses. The proposed RG 1.9 not involve a physical alteration of the plant exception does not adversely impact the reflect the proposed changes and more (no new or different type of equipment will ability of the DGs to perform their safety accurately reflect the contents of the function and does not impact the safety facility design basis related to be installed) or a change in the methods analyses for the facility. operability of the RCS leakage detection governing normal plant operation. Therefore, Therefore, the proposed change does not instrumentation, including a model it is concluded that the proposed change does not create the possibility of a new or involve a significant reduction in a margin of safety evaluation (SE) and model no safety. different kind of accident from any significant hazards consideration previously evaluated. The NRC staff has reviewed the (NSHC) determination, using the 3. Does the proposed change involve a licensee’s analysis and, based on this consolidated line-item improvement significant reduction in a margin of safety?

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Response: No. The proposed change clarifies the Attorney for licensee: Lillian M. The proposed change clarifies the operability requirements for the RCS leakage Cuoco, Senior Counsel, Dominion operability requirements for the RCS leakage detection instrumentation presently installed Resources Services, Inc., 120 Tredegar detection instrumentation and reduces the in the plant and reduces the time allowed for Street, RS–2, Richmond, VA 23219. time allowed for the plant to operate when the plant to operate when the only TS- NRC Branch Chief: Gloria Kulesa. the only TS-required operable RCS leakage required operable RCS leakage detection detection instrumentation monitor is the instrumentation monitor is the containment Notice of Issuance of Amendments to primary containment atmospheric gaseous atmosphere gaseous radiation monitor. Facility Operating Licenses radiation monitor. Reducing the amount of Monitoring for RCS leakage does not time the plant is allowed to operate, with contribute to the probability of an accident, During the period since publication of only the primary containment atmospheric Furthermore, the monitoring of RCS leakage the last biweekly notice, the gaseous radiation monitor operable, increases is not a precursor to any accident previously Commission has issued the following the margin of safety by limiting continued evaluated. Monitoring RCS leakage is not amendments. The Commission has plant operation during the timeframe of used to mitigate the consequences of any determined for each of these reduced monitoring capabilities. Therefore, it accident previously evaluated. amendments that the application is concluded that the proposed change does Therefore, it is concluded that the proposed change does not involve a complies with the standards and not involve a significant reduction in a requirements of the Atomic Energy Act margin of safety. significant increase in the probability or consequences of an accident previously of 1954, as amended (the Act), and the The NRC staff has reviewed the evaluated. Commission’s rules and regulations. licensee’s analysis and, based on this 2. Does the proposed change create the The Commission has made appropriate review, it appears that the three possibility of a new or different kind of findings as required by the Act and the standards of 10 CFR 50.92(c) are accident from any accident previously Commission’s rules and regulations in satisfied. Therefore, the NRC staff evaluated? 10 CFR chapter I, which are set forth in Response: No. proposes to determine that the The proposed change clarifies the the license amendment. amendment request involves no operability requirements for the RCS leakage Notice of Consideration of Issuance of significant hazards consideration. detection instrumentation and reduces the Amendment to Facility Operating Attorney for licensee: Bryan A. Snapp, time allowed for the plant to operate when License, Proposed No Significant Esquire, Assoc. General Counsel, PPL the only TS-required operable RCS leakage Hazards Consideration Determination, Services Corporation, 2 North Ninth St., detection instrumentation monitor is the and Opportunity for A Hearing in GENTW3, Allentown, PA 18101–1179. containment atmosphere gaseous radiation connection with these actions was NRC Branch Chief: Nancy L. Salgado. monitor. The proposed change does not published in the Federal Register as involve a physical alteration of the plant (no indicated. Virginia Electric and Power Company, new or different type of equipment will be installed) or a change in the methods Unless otherwise indicated, the Docket Nos. 50–338 and 50–339, North Commission has determined that these Anna Power Station, Units No. 1 and governing normal plant operation. The proposed change maintains sufficient amendments satisfy the criteria for No. 2, Louisa County, Virginia continuity and diversity of leak detection categorical exclusion in accordance Date of amendment request: April 27, capability that the probability of piping with 10 CFR 51.22. Therefore, pursuant 2011. evaluated and approved for Leak-Before- to 10 CFR 51.22(b), no environmental Description of amendment request: Break progressing to pipe rupture remains impact statement or environmental extremely low. Therefore, it is concluded that assessment need be prepared for these The proposed amendment would revise the proposed change does not create the the technical specifications (TS) to possibility of a new or different kind of amendments. If the Commission has define a new time limit for restoring accident from any previously evaluated. prepared an environmental assessment inoperable Reactor Coolant System 3. Does the proposed change involve a under the special circumstances (RCS) leakage detection instrumentation significant reduction in a margin of safety? provision in 10 CFR 51.22(b) and has to operable status and establish alternate Response: No. made a determination based on that methods of monitoring RCS leakage The proposed change clarifies the assessment, it is so indicated. when one or more required monitors are operability requirements for the RCS leakage For further details with respect to the detection instrumentation and reduces the action see (1) The applications for inoperable. These changes are time allowed for the plant to operate when consistent with Technical Specification the only TS-required operable RCS leakage amendment, (2) the amendment, and (3) Task Force traveler TSTF–513, Revision detection instrumentation monitor is the the Commission’s related letter, Safety 3, ‘‘Revise PWR [pressurized water containment atmosphere gaseous radiation Evaluation and/or Environmental reactor] Operability Requirements and monitor. Reducing the amount of time the Assessment as indicated. All of these Actions for RCS Leakage plant is allowed to operate with only the items are available for public inspection Instrumentation.’’ The availability of containment atmosphere gaseous radiation at the Commission’s Public Document monitor operable has a positive impact on Room (PDR), located at One White Flint this TS improvement was announced in the margin of safety by limiting the time of the Federal Register on January 3, 2011 plant operation in this configuration, which North, Public File Area 01F21, 11555 (76 FR 189) as part of the consolidated increases the likelihood that an increase in Rockville Pike (first floor), Rockville, line-item improvement process. RCS leakage will be detected before it Maryland. Publicly available documents Basis for proposed no significant potentially results in gross failure. created or received at the NRC are hazards consideration determination: Therefore, it is concluded that the accessible electronically through the As required by 10 CFR 50.91(a), the proposed change does not involve a Agencywide Documents Access and licensee has provided its analysis of the significant reduction in a margin of safety. Management System (ADAMS) in the issue of no significant hazards The NRC staff has reviewed the NRC Library at http://www.nrc.gov/ consideration, which is presented licensee’s analysis and, based on this reading-rm/adams.html. If you do not below: review, it appears that the three have access to ADAMS or if there are 1. Does the proposed change involve a standards of 50.92(c) are satisfied. problems in accessing the documents significant increase in the probability or Therefore, the NRC staff proposes to located in ADAMS, contact the PDR consequences of an accident previously determine that the amendment request Reference staff at 1 800–397–4209, evaluated? involves no significant hazards 301–415–4737 or by e-mail to Response: No. consideration. [email protected].

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Energy Northwest, Docket No. 50–397, steam supply lines, appropriate for all Northern States Power Company— Columbia Generating Station, Benton postulated conditions, in the event of a Minnesota, Docket Nos. 50–282 and 50– County, Washington 25 gallon-per-minute HPCI steam line 306, Prairie Island Nuclear Generating Date of application for amendment: leak. Plant, Units 1 and 2, Goodhue County, September 30, 2010. Date of issuance: May 11, 2011. Minnesota Brief description of amendment: The Effective date: As of the date of Date of application for amendments: amendment revised Technical issuance, and shall be implemented June 14, 2010. Specification (TS) 3.1.7, ‘‘Standby within 60 days of issuance. Brief description of amendments: Liquid Control (SLC) System,’’ to Amendment Nos.: Unit 1–202; Unit These amendments revise the Technical support a transition to GE14 fuel in the 2–164. Specifications to allow the use of a Columbia Generating Station reactor Facility Operating License Nos. NPF– dedicated on-line core power core. Specifically, the changes raised the 39 and NPF–85. The amendments distribution monitoring system, the required average boron concentration in revised the licenses and the Technical Westinghouse Best Estimate Analyzer the SLC delivered to the reactor core Specifications. for Core Operation—Nuclear from 660 parts per million (ppm) Date of initial notice in Federal (BEACONTM). natural boron to a concentration Register: August 24, 2010 (75 FR Date of issuance: May 4, 2011. equivalent to 780 ppm natural boron. 52041). Effective date: As of the date of The licensee will accomplish this by The supplement dated December 15, issuance and shall be implemented using sodium pentaborate solution 2010, provided additional information prior to December 31, 2011. enriched with the Boron-10 (B–10) that clarified the application, did not Amendment Nos.: 201/188. isotope. As a result, the amendment expand the scope of the application as Facility Operating License Nos. DPR– added a new TS Surveillance originally noticed and did not change Requirement 3.1.7.9 to verify sodium 42 and DPR–60: Amendments revised ≥ the NRC staff’s original proposed no the Technical Specifications. pentaborate enrichment is 44.0 atom significant hazards determination. percent B–10 prior to addition to the Date of initial notice in Federal The Commission’s related evaluation SLC tank. The associated TS Bases will Register: September 21, 2010 (75 FR of the amendments is contained in a be updated under TS 5.5.10, ‘‘Technical 57527). Safety Evaluation dated May 11, 2011. Specification (TS) Bases Control The Commission’s related evaluation Program,’’ to reflect the increase in the No significant hazards consideration of the amendments is contained in a SLC Boron-10 enrichment. comments received: No. Safety Evaluation dated May 4, 2011. Date of issuance: May 18, 2011. Northern States Power Company— No significant hazards consideration Effective date: As of its date of Minnesota, Docket No. 50–282, Prairie comments received: No. issuance and shall be implemented Island Nuclear Generating Plant, Unit 1, Northern States Power Company— during the spring 2011 refueling outage. Goodhue County, Minnesota Minnesota (NSPM), Docket No. 50–263, Amendment No.: 221. Monticello Nuclear Generating Plant, Facility Operating License No. NPF– Date of application for amendment: Wright County, Minnesota 21: The amendment revised the Facility February 3, 2011, as supplemented by Operating License and Technical letter dated March 15, 2011. Date of application for amendment: Specifications. Brief description of amendment: This September 17, 2010, as supplemented Date of initial notice in Federal amendment revises the Facility by letters dated February 8 and April 27, Register: December 14, 2010 Operating License and the Technical 2011. (75 FR 77912). Specification 3.8.1, ‘‘AC Sources— Brief description of amendment: The The Commission’s related evaluation Operating’’, Surveillance Requirement amendment revised the minimum of the amendment is contained in a 3.8.1.10 footnote requiring battery critical power ratio safety limits in Safety Evaluation dated May 18, 2011. charger modifications. Technical Specification 2.1.1.2 from ≥ No significant hazards consideration Date of issuance: April 29, 2011. 1.10 to ≥ 1.15 for two recirculation loop comments received: No. Effective date: As of the date of operation, and from ≥ 1.12 to ≥ 1.15 for Exelon Generation Company, LLC, issuance and shall be implemented single recirculation loop operation. Docket Nos. 50–352 and 50–353, within 15 days. Date of issuance: May 4, 2011. Limerick Generating Station (LGS), Amendment No.: 200. Effective date: As of the date of Units 1 and 2, Montgomery County, Facility Operating License No. DPR– issuance and shall be implemented Pennsylvania 42: Amendment revises the Technical before startup from the Spring 2011 Specifications. refueling outage. Date of application for amendment: Amendment No.: 165. June 30, 2010, as supplemented by letter Date of initial notice in Federal Facility Operating License No. DPR– dated December 15, 2010. Register: February 22, 2011 22. Amendment revised the Technical Brief description of amendment: The (76 FR 9827). Specifications. amendments change the High Pressure The supplemental letter contained Coolant Injection (HPCI) Equipment clarifying information and did not Date of initial notice in Federal Room Delta Temperature High Trip change this initial no significant hazard Register: November 2, 2010 Setpoint and Allowable Value listed in consideration determination, and did (75 FR 67403) Technical Specification Table 3.3.2–2, not expand the scope of the original The Commission’s related evaluation Isolation Actuation Instrumentation Federal Register notice. of the amendment is contained in a Setpoints, Item 4e. The changes were The Commission’s related evaluation Safety Evaluation dated May 4, 2011. proposed as a result of a revised of the amendment is contained in a No significant hazards consideration licensee analysis which indicated that Safety Evaluation dated April 29, 2011. comments received: No. the setpoints needed to be lowered to No significant hazards consideration Dated at Rockville, Maryland, this 19th day provide an isolation signal for the HPCI comments received: No. of May 2011.

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For the Nuclear Regulatory Commission. Commission. Telephone: 301–415–2963; the previously approved (June 1, 2004) Joseph G. Giitter, e-mail: [email protected]. Decommissioning Plan (DP) for its CE Director, Division of Operating Reactor SUPPLEMENTARY INFORMATION: Windsor Site (Facility) located at 2000 Licensing, Office of Nuclear Reactor Day Hill Road, Windsor, Connecticut. Regulation. The NRC Has Issued This Bulletin for The NRC has prepared an [FR Doc. 2011–13211 Filed 5–27–11; 8:45 am] Three Purposes Environmental Assessment (EA) in BILLING CODE 7590–01–P 1. To require that addressees provide support of this amendment in a comprehensive verification of their accordance with the requirements of 10 compliance with the regulatory CFR Part 51. Based on the EA, the NRC NUCLEAR REGULATORY requirements of Title 10 of the Code of has concluded that a Finding of No COMMISSION Federal Regulations (10 CFR) Significant Impact (FONSI) is [NRC–2011–0120] 50.54(hh)(2), appropriate. The amendment will be 2. To notify addressees about the NRC issued following the publication of this Notice of Issuance of Bulletin 2011–01, staff’s need for information associated Notice. with licensee mitigating strategies under Mitigating Strategies II. EA Summary 10 CFR 50.54(hh)(2) in light of the AGENCY: U.S. Nuclear Regulatory recent events at Japan’s Fukushima Identification of Proposed Action Commission. Daiichi facility in order to determine if The purpose of the proposed ACTION: Notice of Issuance. (1) Additional assessment of program amendment is to approve a revision, implementation is needed, (2) the SUMMARY: The U.S. Nuclear Regulatory Decommissioning Plan Revision (DP) 2, current inspection program should be to the previously approved site DP for Commission (NRC) has issued Bulletin enhanced, or (3) further regulatory 2011–01 to all holders of operating the licensee’s facility. The original DP action is warranted, and was approved on June 1, 2004, and licenses for nuclear power reactors, 3. To require that addressees provide except those who have permanently revision 1 was approved on July 8, 2009. a written response to the NRC in Specifically, this Revision 2 to the ceased operation and have certified that accordance with 10 CFR 50.54(f). fuel has been removed from the reactor approved DP expands the scope of the vessel. The NRC has issued this Bulletin Dated at Rockville, Maryland, this 24th day DP and provides the radiological status of May 2011. to obtain a comprehensive verification and remediation plans for select of compliance with the regulatory For the Nuclear Regulatory Commission. Formerly Utilized Sites Remedial requirements regarding the conditions Stacey Rosenberg, Action Program (FUSRAP) areas, of licenses. Chief, Generic Communications and Power including the Site Brook and the Uprate Branch, Division of Policy and adjacent Debris Pile. In addition, site- DATES: The Bulletin was issued on May Rulemaking, Office of Nuclear Reactor specific derived concentration guideline 11, 2011. Regulation. limits (DCGLs) for thorium-232 (Th-232) ADDRESSES: NRC Bulletin 2011–01: [FR Doc. 2011–13355 Filed 5–27–11; 8:45 am] and radium-226 (Ra-226) are provided ‘‘Mitigating Strategies’’ is available BILLING CODE 7590–01–P in the revised DP. Small quantities of through the NRC’s Agencywide Th-232 and Ra-226 were identified Documents Access and Management during investigational sampling of the System (ADAMS) under Accession NUCLEAR REGULATORY Burning Grounds area, and DCGLs have Number: ML111250360. COMMISSION been developed and submitted for • NRC’s Public Document Room [Docket No. 030–03754; NRC–2011–0033] approval as an addendum to the DP, (PDR): The public may examine and Revision 2 (Derivation of the Site- have copied, for a fee, publicly available Notice of Availability of Environmental Specific Soil DCGLs Addendum Soil documents at the NRC’s PDR, O1–F21, Assessment and Finding of No DCGLs for Thorium and Radium). The One White Flint North, 11555 Rockville Significant Impact for License revised DP does not change any Pike, Rockville, Maryland 20852. • Amendment for ABB, Inc., Windsor, CT previously approved remediation NRC’s Agencywide Documents activities or DCGLs for uranium or Access and Management System AGENCY: U.S. Nuclear Regulatory cobalt-60 (Co-60) at the site. On (ADAMS): Publicly available documents Commission. February 26, 2010, and as supplemented created or received at the NRC are ACTION: Notice of availability. on August 6, 2010, ABB, Inc. requested available online in the NRC Library at that NRC approve the proposed http://www.nrc.gov/reading-rm/ FOR FURTHER INFORMATION CONTACT: John amendment. The licensee’s request for adams.html. From this page, the public Nicholson, Project Manager, the proposed change, including an can gain entry into ADAMS, which Decommissioning Branch, Division of opportunity to request a hearing or provides text and image files of the Nuclear Materials Safety, Region I, U.S. provide comments, was previously NRC’s public documents. If you do not Nuclear Regulatory Commission, King noticed in the Federal Register on have access to ADAMS or if there are of Prussia, Pennsylvania, 19406. February 15, 2011 (76FR8785). problems in accessing the documents Telephone: 610–337–5236; fax number: The staff has prepared the EA in located in ADAMS, contact the NRC’s 610–337–5269; e-mail: support of the proposed license PDR reference staff at 1–800–397–4209, [email protected]. amendment. The proposed actions will 301–415–4737, or by e-mail to SUPPLEMENTARY INFORMATION: allow the licensee to continue to [email protected]. remediate the remainder of the site for FOR FURTHER INFORMATION CONTACT: Eric I. Introduction eventual unrestricted use pending final Bowman, Senior Project Manager, The U.S. Nuclear Regulatory status survey results. The licensee has Generic Communications and Power Commission (NRC) is issuing a license obtained the proper permits from the Uprate Branch, Division of Policy and amendment to Material License No. 06– State of Connecticut Department of Rulemaking, Office of Nuclear Reactor 00217–06 issued to ABB, Inc. (ABB or, Environmental Protection for the Regulation, U.S. Nuclear Regulatory ‘‘the licensee’’), to authorize a revision to planned remediation activities

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impacting the Site Brook. The DCGLs be packaged and transported to the same for coordinating the radiological clean established in the DP Revision 2 for Ra- disposal facility previously used for up in the FUSRAP areas, ABB entered 226 and Th-232 do not exceed the non-FUSRAP area remediation into a formal agreement with the trigger levels requiring consultation activities. USACE and the NRC to conduct the with the U.S. Environmental Protection The revised DP includes new site- clean up due to extensive comingling of Agency (EPA) under the Memorandum specific soil DCGLs for Ra-226 and Th- FUSRAP and NRC licensed materials of Understanding between the EPA and 232, to support the unrestricted release from past commercial operations in the NRC. of the impacted areas of the Burning order to facilitate the efficient and Grounds. The staff’s technical review effective decommissioning and clean up Need for the Proposed Action confirmed that the licensee’s requested of the Facility. Therefore, the only The proposed action would allow site specific Ra-226 and Th-232 soil alternative to the proposed action to ABB to complete the remaining Facility DCGLs of 4.5 and 4.0 picocuries/gram, continue the decommissioning process remediation and decommissioning respectively, would result in a at the Facility is no action. The no- activities, thereby reducing residual maximum annual dose of less than 19 action alternative is not acceptable radioactivity at the Facility to a level millirem of total effective dose because it is inconsistent with NRC’s that permits release of the entire equivalent, considering a resident Timeliness Rule (10 CFR 30.36), which property for unrestricted use and farmer scenario and using the RESRAD requires licensees to decommission termination of the license. The licensee 6.4 computer code to model the input their facilities when licensed activities has been successfully remediating and parameters of the scenario and compute cease and to request termination of their decommissioning the Facility since the dose to an individual. Because this radioactive materials license. Although 2004 under the previously-approved DP. dose is less than 25 millrem per year, termination of the NRC and USACE In order to complete remediation of the use of these DCGLs will meet the agreement would result in unnecessary entire Facility, the FUSRAP areas must radiological criteria for unrestricted remediation and decommissioning be remediated. NRC is fulfilling its release specified in 10 CFR 20.1402. The delay, the environmental impacts responsibilities under the Atomic conclusions of the 2004 and 2009 EAs created by the action would be Energy Act of 1954, as amended, to thus remain valid for the proposed unchanged. Additionally, denying the make a decision on a proposed license action. amendment request would result in no amendment for decommissioning that In summary, NRC staff has reviewed change in current environmental ensures safety and protection of the the revised decommissioning plan for impacts. The environmental impacts of public and the environment. the Facility, and examined the impact of the proposed action and the no-action the proposed additional Environmental Impacts of the Proposed alternative are therefore similar, and the decommissioning activities. Based upon Action no-action alternative is, accordingly, not its review, the staff has determined that considered further. In preparing this EA, the NRC staff environmental impacts associated with reviewed the 2004 EA issued in the proposed action are not greater than Conclusion connection with the initial DP; the 2009 the impacts found in the 2004 and 2009 The NRC staff reviewed the EA issued in conjunction with the DP EAs, and are bounded by the impacts environmental impacts of the proposed Revision 1; the licensee’s Environmental discussed in NUREG–1496, ‘‘A Generic action in accordance with the Report submitted on February 28, 2010; Environmental Impact Statement in requirements of 10 CFR 51 and NRC’s and the revised DP submitted in Support of Rulemaking on Radiological unrestricted release criteria specified in February 2010 and supplemented in Criteria for License Termination of 10 CFR 20.1402. The NRC staff has August 2010. Additionally, the staff has NRC–Licensed Nuclear Facilities,’’ determined that incorporating the continuously reviewed the performance Volumes 1–3. The staff finds that there Facility’s remaining FUSRAP areas into of the decommissioning activities have been no significant environmental the site-wide DP would not significantly conducted by the licensee and their impacts to date from the use and affect the quality of the human contractors through periodic cleanup of radioactive material at the environment, and a FONSI is inspections. The staff concluded that Facility. The NRC staff reviewed the appropriate. Therefore, an the bases for the findings of the 2004 docket file records to identify any non- environmental impact statement is not and 2009 EAs remain valid, and are radiological hazards that may impact warranted for the proposed action, and applicable to the revised DP. Regarding the environment surrounding the pursuant to 10 CFR 51.32. remediation of the FUSRAP areas, Facility, and no such hazards or impacts decommissioning methodologies are to the environment were identified. The Agencies and Persons Consulted unchanged from the initial approved DP NRC has identified no other radiological This EA was prepared by NRC staff and remain appropriate for the or non-radiological activities in the area and coordinated with the following contaminant concentrations found in that could result in cumulative agencies: Connecticut Department of the FUSRAP area soils. The same environmental impacts. Environmental Protection and the U.S. isotopes that were present in the The staff has considered the impact of Fish and Wildlife Services. NRC Facility’s non-FUSRAP areas (namely, the proposed FUSRAP area remediation provided a draft of this EA to the those associated with enriched uranium at the Facility, and finds that the Connecticut Department of and cobalt-60) exist in the FUSRAP proposed action will not have a Environmental Protection for review on areas as well. The FUSRAP areas significant impact on the quality of the April 29, 2011. On May 16, 2011, requiring remediation are similar to human environment. Michael Firsick of the Connecticut those already successfully remediated Department of Environmental Protection Environmental Impacts of the and decommissioned at the Facility. responded by e-mail. The State agreed Alternatives to the Proposed Action The amount of waste in FUSRAP areas with the conclusions of the EA. that will need to be packaged and The Facility is in the process of being shipped to a licensed disposal facility is decommissioned under an approved DP. III. Finding of No Significant Impact similar to the amounts evaluated in the Although the U.S. Army Corps of On the basis of the EA, NRC has 2004 and 2009 EAs, and this waste will Engineers (USACE) has responsibility concluded that there are no significant

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environmental impacts from the amendment and supporting System (ADAMS), which provides text proposed amendment and has documentation, are available and image files of NRC’s public determined not to prepare an electronically through the NRC Library documents. environmental impact statement. at http://www.nrc.gov/reading-rm/ The ADAMS accession numbers for IV. Further Information adams.html. From this site, you can the documents related to this notice are: access the NRC’s Agencywide Documents related to this action, Document Access and Management including the application for

Document PDR Web ADAMS NRC staff

ABB, Inc. Decommissioning Plan, Revision 2, CE Windsor Site (Previously Identified X X ML102310473...... X FUSRAP Areas Including Debris Piles & Site Brook). August 2010. ABB, Inc. Decommissioning Plan, Revision 2, CE Windsor Site—Figures. August X X ML102310512...... X 2010. ABB, Inc. Decommissioning Plan, Revision 2, CE Windsor Site—Tables. August X X ML102310479...... X 2010. ABB, Inc. Decommissioning Plan, Revision 2, CE Windsor Site—Appendix A: X X ML102310548...... X RESRAD Reports—Resident Farmer Thorium and Radium. August 2010. ABB, Inc. Decommissioning Plan, Revision 2, CE Windsor Site—Appendix B: Prob- X X ML102310553...... X abilistic Evaluation Graphical Summary. August 2010. ABB, Inc. Derivation of the Site Specific Soil DCGLs, Addendum, Soil DCGLs for tho- X X ML102310539...... X rium and radium. August 2010. Memorandum of Understanding Between the Environmental Protection Agency and X X ML022830208...... X the Nuclear Regulatory Commission, Consultation and Finality on Decommissioning and Decontamination of Contaminated Sites. October 2002. Letter to U.S. Army Corps of Engineers from U.S. Nuclear Regulatory Commission on X X ML072210979...... X Proposed Process to Decommission and Clean Up the ABB Windsor Site. August 15, 2007.

If you do not have access to ADAMS SUMMARY: The NRC is soliciting public is practical to do so, but the or if there are problems in accessing the comment on NUREG–0800, ‘‘Standard Commission is able to ensure documents located in ADAMS, contact Review Plan for the Review of Safety consideration only for comments the NRC Public Document Room (PDR) Analysis Reports for Nuclear Power received on or before this date. Reference staff at 1–800–397–4209, 301– Plants,’’ on a proposed Revision 4 to ADDRESSES: You may submit comments 415–4737 or by e-mail to Standard Review Plan (SRP), Section 8.1 by any one of the following methods. [email protected]. on ‘‘Electric Power—Introduction,’’ Please include Docket ID NRC–2011– These documents may also be viewed (Agencywide Documents Access and 0119 in the subject line of your electronically on the public computers Management System (ADAMS) comments. Comments submitted in located at the NRC’s Public Document Accession No. ML111180542). The writing or in electronic form will be Room (PDR), O 1 F21, One White Flint previous version of this SRP section was posted on the NRC Web site and on the North, 11555 Rockville Pike, Rockville, published in March, 2007 as proposed Federal rulemaking Web site at http:// MD 20852. The PDR reproduction Revision 3 (ADAMS Accession No. www.regulations.gov. Because your contractor will copy documents for a ML070550067). The current revision comments will not be edited to remove fee. issues a new Branch Technical Position any identifying or contact information, (BTP) 8–8 on ‘‘Onsite (Emergency Diesel Dated at King of Prussia, Pennsylvania this the NRC cautions you against including 18th day of May 2011. Generators) and Offsite Power Sources any information in your submission that Allowed Outage Time Extensions.’’ For the Nuclear Regulatory Commission. you do not want to be publicly (ADAMS Accession No. ML111180521). Judith A. Joustra, disclosed. The new BTP will be added to Chapter The NRC requests that any party Chief, Decommissioning Branch, Division of 8 of the SRP and Table 8–1 is updated Nuclear Materials Safety, Region I. soliciting or aggregating comments to include the BTP 8–8. received from other persons for [FR Doc. 2011–13362 Filed 5–27–11; 8:45 am] The NRC staff issues notices to submission to the NRC inform those BILLING CODE 7590–01–P facilitate timely implementation of the persons that the NRC will not edit their current staff guidance and to facilitate comments to remove any identifying or activities associated with the review of NUCLEAR REGULATORY contact information, and therefore, they amendment applications and review of COMMISSION should not include any information in design certification and combined their comments that they do not want license applications for NRO. The NRC publicly disclosed. [NRC–2011–0119] staff intends to incorporate the final Federal Rulemaking Web site: Go to approved guidance into the next http://www.regulations.gov and search Office Of New Reactors; Proposed revision of NUREG–0800, SRP Section Revision 4 to Standard Review Plan; for documents filed under Docket ID 8.1, Revision 4 and Regulatory Guide NRC–2011–0119. Address questions Section 8.1 on Electric Power— 1.206, ‘‘Combined License Applications Introduction about NRC dockets to Carol Gallagher at for Nuclear Power Plants (LWR 301–492–3668; e-mail at AGENCY: U.S. Nuclear Regulatory Edition),’’ June 2007. [email protected]. Commission (NRC). DATES: Comments must be filed no later Mail comments to: Cindy K. Bladey, than June 30, 2011. Comments received Chief, Rules, Announcements, and ACTION: Solicitation of public comment. after this date will be considered, if it Directives Branch (RADB), Division of

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Administrative Services, Office of I. Introduction Public Document Room (PDR) located at Administration, Mail Stop: TWB–05– The U.S. Nuclear Regulatory Room O–1F21, One White Flint North, B01M, U.S. Nuclear Regulatory Commission (NRC) is issuing a revision 11555 Rockville Pike, Rockville, Commission, Washington, DC 20555– to an existing guide in the agency’s Maryland 20852–2738. The PDR’s 0001, or by fax to RADB at 301–492– ‘‘Regulatory Guide’’ series. This series mailing address is USNRC PDR, 3446. was developed to describe and make Washington, DC 20555–0001. The PDR The NRC ADAMS provides text and available to the public information such can also be reached by telephone at image files of NRC’s public documents. as methods that are acceptable to the 301–415–4737 or 800–397–4209, by fax These documents may be accessed NRC staff for implementing specific at 301–415–3548, and by e-mail to through the NRC’s Public Electronic parts of the agency’s regulations, [email protected]. Reading Room on the Internet at http:// techniques that the staff uses in Regulatory guides are not www.nrc.gov/reading-rm/adams.html. evaluating specific problems or copyrighted, and NRC approval is not Persons who do not have access to postulated accidents, and data that the required to reproduce them. ADAMS, or who encounter problems in staff needs in its review of applications Dated at Rockville, Maryland, this 17th day accessing the documents located in for permits and licenses. of May, 2011. ADAMS, should contact the NRC Public Proposed revision 1 of Regulatory For the Nuclear Regulatory Commission. Document Room reference staff at Guide 8.2, ‘‘Administrative Practices in Thomas H. Boyce, 1–800–397–4209, 301–415–4737, or by Radiation Surveys and Monitoring,’’ was Chief, Regulatory Guide Development Branch, e-mail at [email protected]. issued with a temporary identification Division of Engineering, Office of Nuclear FOR FURTHER INFORMATION CONTACT: Mr. as Draft Regulatory Guide, DG–8035 on Regulatory Research. William F. Burton, Chief, Rulemaking August 30, 2010 (75 FR 52996). This [FR Doc. 2011–13359 Filed 5–27–11; 8:45 am] and Guidance Development Branch, guidance sets forth the NRC staff’s views BILLING CODE 7590–01–P Division of New Reactor Licensing, of acceptable administrative practices Office of New Reactors, U.S. Nuclear associated with surveys and monitoring Regulatory Commission, Washington, of radiation arising from NRC licensed DC 20555–0001; telephone at 301–415– OVERSEAS PRIVATE INVESTMENT activities. This guidance is intended CORPORATION 6332 or e-mail at primarily for NRC licensee [email protected]. administrative and management Sunshine Notice—June 16, 2011 Public The NRC staff is issuing this notice to personnel that are involved in, or are Hearing solicit public comments on the planning to initiate, activities involving proposed SRP Section 8.1, Revision 4 the handling of radioactive materials or TIME AND DATE: 2 p.m., Thursday, June and the BTP 8–8. After the NRC staff exposure to radiation. 16, considers any public comments, it will The administrative requirements for 2011. make a determination regarding the surveys and monitoring of radiation are PLACE: proposed SRP Section 8.1, Revision 4 specified in Title 10, of the Code of Offices of the Corporation, Twelfth and BTP 8–8. Federal Regulations, part 20, ‘‘Standards Floor Board Room, 1100 New York Dated at Rockville, Maryland, this 19th day for Protection against Radiation’’ (10 Avenue, NW., Washington, DC. of May 2011. CFR part 20), and are applicable to all STATUS: Hearing open to the public at 2 NRC-licensed activities. Part 20 requires For the Nuclear Regulatory Commission. p.m. William F. Burton, surveys in order to evaluate the PURPOSE: Public Hearing in conjunction Chief, Rulemaking and Guidance significance of radiation levels that may be present. In addition, part 20 requires with each meeting of OPIC’s Board of Development Branch, Division of New Reactor Directors, to afford an opportunity for Licensing, Office of New Reactor. radiation monitoring in order to obtain measurements for the evaluation of any person to present views regarding [FR Doc. 2011–13358 Filed 5–27–11; 8:45 am] the activities of the Corporation. BILLING CODE 7590–01–P potential exposures and doses. PROCEDURES: II. Further Information Individuals wishing to address the NUCLEAR REGULATORY On August 30, 2010, DG–8035 was hearing orally must provide advance COMMISSION published with a request for public notice to OPIC’s Corporate Secretary no comments (75 FR 52996). The public later than 5 p.m. Friday, June 10, 2011. [NRC–2010–0287] comment period closed on October 29, The notice must include the 2010. Electronic copies of Regulatory individual’s name, title, organization, Notice of Issuance of Regulatory Guide Guide 8.2, Revision 1 are available address, and telephone number, and a AGENCY: Nuclear Regulatory through the NRC’s public Web site concise summary of the subject matter Commission. under ‘‘Regulatory Guides’’ at http:// to be presented. www.nrc.gov/reading-rm/doc- Oral presentations may not exceed ten ACTION: Notice of Issuance and collections/and through the NRC’s (10) minutes. The time for individual Availability of Regulatory Guide 8.2, Agencywide Documents Access and presentations may be reduced Revision 1, ‘‘Administrative Practices in Management System (ADAMS) at proportionately, if necessary, to afford Radiation Surveys and Monitoring.’’ http://www.nrc.gov/reading-rm/ all participants who have submitted a adams.html, under ADAMS Accession timely request an opportunity to be FOR FURTHER INFORMATION CONTACT: No. ML110460093. The regulatory heard. Harriet Karagiannis, U.S. Nuclear analysis may be found in ADAMS under Participants wishing to submit a Regulatory Commission, Washington, Accession No. ML110460099. Staff’s written statement for the record must DC 20555–0001, telephone: (301) 251– responses to public comments on DG– submit a copy of such statement to 7477 or e-mail 8035 are available under ML110460108. OPIC’s Corporate Secretary no later than [email protected]. In addition, regulatory guides are 5 p.m. Friday, June 10, 2011. Such SUPPLEMENTARY INFORMATION: available for inspection at the NRC’s statement must be typewritten, double-

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spaced, and may not exceed twenty-five Peace Corps, 1111 20th Street, NW., notice published in the Federal Register (25) pages. Washington, DC 20526, (202) 692–1236, of December 22, 2010 (75 FR 80542). Upon receipt of the required notice, or e-mail at [email protected]. Below we provide Peace Corps OPIC will prepare an agenda, which Copies of available documents projected average estimates for the next will be available at the hearing, that submitted to OMB may be obtained three years: 1 identifies speakers, the subject on which from Denora Miller. Current Actions: New collection of each participant will speak, and the SUPPLEMENTARY INFORMATION: information. time allotted for each presentation. Title: Generic Clearance for the Type of Review: New Collection. A written summary of the hearing will Collection of Qualitative Feedback on Affected Public: Individuals and be compiled, and such summary will be Agency Service Delivery. households, businesses and made available, upon written request to Abstract: The information collection organizations, State, Local or Tribal OPIC’s Corporate Secretary, at the cost activity will garner qualitative customer Government. of reproduction. and stakeholder feedback in an efficient, Average Expected Annual Number of Written summaries of the projects to timely manner, in accordance with the Activities: 10. be presented at the June 23, 2011 Board Administration’s commitment to Annual Number of Respondents: meeting will be posted on OPIC’s Web improving service delivery. By 8,226. site on or about Friday, June 3, 2011. qualitative feedback we mean Annual Responses: 8,226. CONTACT PERSON FOR INFORMATION: information that provides useful Frequency of Response: Once per Information on the hearing may be insights on perceptions and opinions, request. Average Minutes per Response: 49. obtained from Connie M. Downs at (202) but are not statistical surveys that yield Annual Burden Hours: 5,039. 336–8438, via facsimile at (202) 408– quantitative results that can be Affected Public: Individuals and 0297, or via e-mail at generalized to the population of study. households, businesses and [email protected]. This feedback will provide insights into organizations, State, Local or Tribal Dated: May 26, 2011. customer or stakeholder perceptions, Government. Connie M. Downs, experiences and expectations, provide An agency may not conduct or OPIC Corporate Secretary. an early warning of issues with service, sponsor, and a person is not required to [FR Doc. 2011–13507 Filed 5–26–11; 4:15 pm] or focus attention on areas where respond to, a collection of information communication, training or changes in BILLING CODE 3210–01–P unless it displays a currently valid operations might improve delivery of Office of Management and Budget products or services. These collections control number. will allow for ongoing, collaborative and PEACE CORPS actionable communications between the This notice is issued in Washington, DC on May 23, 2011. Agency Information Collection Agency and its customers and Earl W. Yates, Activities: Proposed Collection; stakeholders. It will also allow feedback Comment Request; Generic Clearance to contribute directly to the Associate Director, Management. for the Collection of Qualitative improvement of program management. [FR Doc. 2011–13350 Filed 5–27–11; 8:45 am] Feedback on Agency Service Delivery Feedback collected under this generic BILLING CODE 6051–01–P clearance will provide useful AGENCY: Peace Corps. information, but it will not yield data ACTION: 30-Day notice of submission of that can be generalized to the overall SECURITIES AND EXCHANGE information collection approval from population. This type of generic COMMISSION the Office of Management and Budget clearance for qualitative information and request for comments. will not be used for quantitative Sunshine Act Meeting information collections that are Notice is hereby given, pursuant to SUMMARY: As part of a Federal designed to yield reliably actionable the provisions of the Government in the Government-wide effort to streamline results, such as monitoring trends over Sunshine Act, Public Law 94–409, that the process to seek feedback from the time or documenting program the Securities and Exchange public on service delivery, Peace Corps performance. Such data uses require Commission will hold a Closed Meeting has submitted a Generic Information more rigorous designs that address: the on Thursday, June 2, 2011 at 2 p.m. Collection Request (Generic ICR): target population to which Commissioners, Counsel to the ‘‘Generic Clearance for the Collection of generalizations will be made, the Commissioners, the Secretary to the Qualitative Feedback on Agency Service sampling frame, the sample design Commission, and recording secretaries Delivery ’’ to OMB for approval under (including stratification and clustering), will attend the Closed Meeting. Certain the Paperwork Reduction Act (PRA) (44 the precision requirements or power staff members who have an interest in U.S.C. 3501 et. seq.). calculations that justify the proposed the matters also may be present. DATES: Comments must be submitted on sample size, the expected response rate, The General Counsel of the or before June 30, 2011. methods for assessing potential non- Commission, or his designee, has ADDRESSES: Interested persons are response bias, the protocols for data invited to submit comments regarding collection, and any testing procedures 1 The 60-day notice included the following this proposal. Comments should refer to that were or will be undertaken prior estimate of the aggregate burden hours for this the proposal by name/or OMB approval fielding the study. Depending on the generic clearance federal-wide: number and should be sent via e-mail degree of influence the results are likely Average Expected Annual Number of activities: to: [email protected] or fax to have, such collections may still be 25,000. to: 202–395–3086. Attention: Desk eligible for submission for other generic Average Number of Respondents per Activity: Officer for Peace Corps. 200. mechanisms that are designed to yield Annual responses: 5,000,000. FOR FURTHER INFORMATION CONTACT: To quantitative results. Frequency of Response: Once per request. request additional information, please The Peace Corps received no Average minutes per response: 30. contact Denora Miller, FOIA Officer, comments in response to the 60-day Burden hours: 2,500,000.

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certified that, in his opinion, one or I. Self-Regulatory Organization’s option orders to the Exchange.5 The more of the exemptions set forth in 5 Statement of the Terms of Substance of subsidy is applicable to any Exchange U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) the Proposed Rule Change member organization that qualifies as a and 17 CFR 200.402(a)(3), (5), (7), 9(ii) The Exchange proposes to amend the MAP and elects to participate for that and (10), permit consideration of the Exchange’s Fee Schedule to eliminate calendar month. The Exchange pays a scheduled matters at the Closed the Market Access Provider Subsidy in per-contract MAP Subsidy to any Meeting. Section VII of the Fee Schedule. Exchange member organization that Commissioner Aguilar, as duty While changes to the Fee Schedule qualifies as a MAP (an ‘‘Eligible MAP’’) 6 officer, voted to consider the items pursuant to this proposal are effective and elects to participate by submitting listed for the Closed Meeting in a closed upon filing, the Exchange has any application(s) and/or form(s) session. designated these changes to be operative required by the Exchange, and 7 The subject matter of the Closed on June 1, 2011. complying with other conditions. The Meeting scheduled for Thursday, June 2, The text of the proposed rule change Exchange currently pays a monthly 2011 will be: is available on the Exchange’s Web site subsidy of $0.10 (the ‘‘Subsidy Rate’’) to at http://nasdaqtrader.com/ Eligible MAPs for each Eligible Contract Institution and settlement of injunctive micro.aspx?id=PHLXfilings, at the executed in the immediately preceding actions; principal office of the Exchange, and at calendar month above the particular Institution and settlement of the Commission’s Public Reference Eligible MAP’s Baseline Order Flow.8 administrative proceedings; and Room. 5 See Securities Exchange Act Release No. 56274 Other matters relating to enforcement II. Self-Regulatory Organization’s proceedings. (August 16, 2007), 72 FR 48720 (August 24, 2007) Statement of the Purpose of, and (SR–Phlx–2007–54). At times, changes in Commission Statutory Basis for, the Proposed Rule 6 Eligible MAP’’ means a MAP eligible for the priorities require alterations in the Change Market Access Provider Subsidy and who is required to: (1) Submit any required Exchange scheduling of meeting items. In its filing with the Commission, the applications and/or forms for Exchange approval to For further information and to Exchange included statements participate as an Eligible MAP; (2) provide to its ascertain what, if any, matters have been concerning the purpose of and basis for customers systems that enable the electronic routing of equity option orders to all of the U.S. added, deleted or postponed, please the proposed rule change and discussed options exchanges, including Phlx; (3) provide to its contact: any comments it received on the customers current consolidated market data from The Office of the Secretary at (202) proposed rule change. The text of these the U.S. options exchanges; (4) interface with Phlx’s statements may be examined at the API to access the Exchange’s electronic options 551–5400. trading platform, PHLX XL II; (5) offer to its places specified in Item IV below. The Dated: May 26, 2011. customers a customized interface and routing Exchange has prepared summaries, set functionality (including sweep function described Cathy H. Ahn, forth in sections A, B, and C below, of below) such that: (A) Phlx will be the default Deputy Secretary. the most significant aspects of such destination for all equity option orders (whether [FR Doc. 2011–13530 Filed 5–26–11; 4:15 pm] marketable or not), provided that in the case of statements. marketable orders, Phlx is at the national best bid BILLING CODE 8011–01–P A. Self-Regulatory Organization’s or offer (‘‘NBBO’’) on the appropriate side of the market (i.e., the contra-side of the order that is Statement of the Purpose of, and routed to Phlx), regardless of size or time, up to SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Phlx’s disseminated size; and (B) the MAP’s option COMMISSION Change order routing functionality incorporates a feature that causes orders at a specified price to be routed 1. Purpose simultaneously to multiple exchanges with a single click (a ‘‘sweep function’’), which is configured to [Release No. 34–64539; File No. SR–Phlx– The purpose of the proposed rule 2011–68] route all such orders (or, if such orders are for a size change is to eliminate Section VII, larger than the size disseminated by the Phlx on the Self-Regulatory Organizations; Notice entitled ‘‘Market Access Provider opposite side of the market, at least the portion of Subsidy’’ from the Fee Schedule. The the order that corresponds to Phlx’s disseminated of Filing and Immediate Effectiveness size) to Phlx as the default destination for execution of Proposed Rule Change by NASDAQ Market Access Provider Subsidy is a per for a size up to the full size quoted on the Phlx, contract fee payable by the Exchange to provided that, in the case of marketable orders, the OMX PHLX LLC Relating to Market 3 Access Provider Fee Eligible Market Access Providers for Phlx disseminated price on the appropriate side of Eligible Contracts 4 submitted by MAPs the market is at the NBBO; (6) configure its own option order routing functionality such that it is May 24, 2011. for execution on the Exchange. The configured as described in sub-paragraph 5(A) and Pursuant to Section 19(b)(1) of the Exchange does not desire to incentivize (B) above, with respect to all equity option orders MAPs going forward by offering a as to which the MAP has discretion as to routing Securities Exchange Act of 1934 (‘‘MAP Routing Orders’’); (7) ensure that the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 subsidy. In 2007, the Exchange began to offer customized functionality described in sub- notice is hereby given that on May 17, paragraphs (5) and (6) above permits users MAPs a subsidy to route additional 2011, NASDAQ OMX PHLX LLC (‘‘Phlx’’ submitting option orders through such system(s) to or ‘‘Exchange’’) filed with the Securities manually override the Phlx as the default 3 A Market Access Provider is an Exchange destination on an order-by-order basis; and (8) enter and Exchange Commission (‘‘SEC’’ or member organization that offers customers into and maintain an agreement with the Exchange ‘‘Commission’’) the proposed rule automated order routing systems and electronic to function as an Eligible MAP and be in change as described in Items I, II, and market access to U.S. options markets (‘‘Market compliance with all terms thereof. III, below, which Items have been Access Providers’’ or ‘‘MAPs’’). 7 The MAP must enter into a Priority Routing 4 ‘‘Eligible Contracts’’ means contracts that result Covenant with the Exchange which is an agreement prepared by the Exchange. The from the execution on the Exchange of: (1) Equity with Phlx to refrain from entering into Commission is publishing this notice to option orders (other than crosses) sent arrangements with other exchanges or execution solicit comments on the proposed rule electronically to an Eligible MAP (and routed to the venues where such exchange or execution venue change from interested persons. Exchange electronically by the Eligible MAP) by its will have the same routing position as, or priority customers; and (2) MAP Routing Orders (other than over, Phlx as the default destination for certain crosses) sent electronically by the Eligible MAP. option orders, unless Phlx otherwise consents. 1 15 U.S.C. 78s(b)(1). Contracts that are executed electronically as part of 8 ‘‘Baseline Order Flow’’ for an Eligible MAP 2 17 CFR 240.19b–4. a Complex Order are not Eligible Contracts. means the higher of: (1) 500,000 contracts, or (2) the

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The Exchange is also proposing to summarily may temporarily suspend submissions. You should submit only make other technical amendments to the such rule change if it appears to the information that you wish to make Fee Schedule to renumber Sections VIII Commission that such action is available publicly. All submissions through XI to account for the necessary or appropriate in the public should refer to File Number SR–Phlx– elimination of the Market Access interest, for the protection of investors, 2011–68 and should be submitted on or Provider Subsidy section. The Exchange or otherwise in furtherance of the before June 21, 2011. is proposing to eliminate the MAP purposes of the Act. If the Commission For the Commission, by the Division of Subsidy, and not offer any such subsidy takes such action, the Commission shall Trading and Markets, pursuant to delegated as of June 1, 2011. institute proceedings to determine authority.12 whether the proposed rule should be b. Statutory Basis Cathy H. Ahn, approved or disapproved. Deputy Secretary. The [sic] believes that its proposal to [FR Doc. 2011–13375 Filed 5–27–11; 8:45 am] amend its Fee Schedule is consistent IV. Solicitation of Comments with Section 6(b) of the Act 9 in general, Interested persons are invited to BILLING CODE 8011–01–P and furthers the objectives of Section submit written data, views, and 10 6(b)(4) of the Act in particular, in that arguments concerning the foregoing, SECURITIES AND EXCHANGE it is an equitable allocation of including whether the proposed rule COMMISSION reasonable fees and other charges among change is consistent with the Act. Exchange members. Comments may be submitted by any of [Release No. 34–64538; File No. SR–ISE– The MAP Subsidy was designed to the following methods: 2011–30) allow MAPs to offer their customers a Electronic Comments Self-Regulatory Organizations; customized interface and provide those • International Securities Exchange, customers support for such an interface. Use the Commission’s Internet LLC; Notice of Filing of Proposed Rule The Exchange pays a MAP Subsidy to comment form (http://www.sec.gov/ Change Relating to Complex Orders incentivize MAPs to bring order flow to rules/sro.shtml); or • Send an e-mail to rule- the Exchange. The Exchange believes May 24, 2011. [email protected]. Please include File that eliminating the MAP Subsidy is Pursuant to Section 19(b)(1) of the Number SR–Phlx–2011–68 on the reasonable because the Exchange no Securities Exchange Act of 1934 (the subject line. longer desires to incentivize member ‘‘Act’’),1 and Rule 19b–4 thereunder,2 organizations by offering such a Paper Comments notice is hereby given that on May 23, subsidy. The Exchange also believes the • Send paper comments in triplicate 2011, the International Securities proposal is equitable because it would to Elizabeth M. Murphy, Secretary, Exchange, LLC (the ‘‘Exchange’’ or the no longer offer such a MAP Subsidy to Securities and Exchange Commission, ‘‘ISE’’) filed with the Securities and any market participant. 100 F Street, NE., Washington, DC Exchange Commission (‘‘Commission’’) B. Self-Regulatory Organization’s 20549–1090. the proposed rule change as described Statement on Burden on Competition All submissions should refer to File in Items I and II below, which items have been prepared by the Exchange. The Exchange does not believe that Number SR–Phlx–2011–68. This file number should be included on the The Commission is publishing this the proposed rule change will impose notice to solicit comments on the any burden on competition not subject line if e-mail is used. To help the Commission process and review your proposed rule change from interested necessary or appropriate in furtherance persons. of the purposes of the Act. comments more efficiently, please use only one method. The Commission will I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s post all comments on the Commission’s Statement of the Terms of Substance of Statement on Comments on the Internet Web site (http://www.sec.gov/ the Proposed Rule Change Proposed Rule Change Received From rules/sro.shtml). Copies of the Members, Participants, or Others The Exchange proposes to specify in submission, all subsequent its rules that complex orders may be No written comments were either amendments, all written statements entered into the Price Improvement solicited or received. with respect to the proposed rule Mechanism for options classes traded change that are filed with the III. Date of Effectiveness of the on its Optimise platform. The text of the Commission, and all written proposed rule change is available on the Proposed Rule Change and Timing for communications relating to the Commission Action Exchange’s Web site http:// proposed rule change between the www.ise.com, at the principal office of The foregoing rule change has become Commission and any person, other than the Exchange, at the Commission’s effective pursuant to Section those that may be withheld from the Public Reference Room, and on the 19(b)(3)(A)(ii) of the Act.11 At any time public in accordance with the Commission’s Web site at http:// within 60 days of the filing of the provisions of 5 U.S.C. 552, will be www.sec.gov. proposed rule change, the Commission available for Web site viewing and printing in the Commission’s Public II. Self-Regulatory Organization’s average contracts per month, calculated for the 3- Reference Room, 100 F Street, NE., Statement of the Purpose of, and month period immediately preceding the Eligible Washington, DC 20549, on official Statutory Basis for, the Proposed Rule MAP entering into the agreement with Phlx, that resulted from the execution on the Phlx of equity business days between the hours of Change option orders (other than crosses) routed to Phlx 10 a.m. and 3 p.m. Copies of the filing In its filing with the Commission, the electronically by such Eligible MAP. Contracts that also will be available for inspection and Exchange included statements are executed electronically as part of a Complex copying at the principal office of the Order are not included in the calculation of concerning the purpose of, and basis for, Baseline Order Flow. Exchange. All comments received will 9 15 U.S.C. 78f(b). be posted without change; the 12 17 CFR 200.30–3(a)(12). 10 15 U.S.C. 78f(b)(4). Commission does not edit personal 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78s(b)(3)(A)(ii). identifying information from 2 17 CFR 240.19b–4.

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the proposed rule change and discussed 722(b)(2) continue to apply. If an inapplicable. Finally, Rule 723(c)(5) any comments it received on the improved net price for the complex specifies that the exposure period will proposed rule change. The text of these order being executed can be achieved automatically terminate upon the statements may be examined at the from bids and offers for the individual receipt of certain orders. Proposed places specified in Item IV below. The legs of the complex order in the Supplementary Material .10 specifies self-regulatory organization has Exchange’s auction market, the order that the provisions of Rule 723(c)(5) prepared summaries, set forth in being executed will receive an shall apply with respect to the receipt Sections A, B and C below, of the most execution at the better net price. of complex orders during the exposure significant aspects of such statements. The Price Improvement Mechanism period, and not to the receipt of orders works in the same basic manner as the A. Self-Regulatory Organization’s for the individual legs of the complex Facilitation Mechanism and the Statement of the Purpose of, and order. Accordingly, the exposure period Solicited Order Mechanism, exposing Statutory Basis for, the Proposed Rule will not automatically terminate due to orders to all members for one second to Change provide an opportunity for price the receipt of orders for the individual 1. Purpose improvement. The Exchange proposes legs of the complex order during the to make the Price Improvement exposure period. As mentioned The Exchange has developed an previously, if at the end of the exposure enhanced technology trading platform Mechanism available for the execution period an improved net price for the (the ‘‘Optimise platform’’). To assure a of complex orders on the Optimise complex order can be achieved from smooth transition, the Exchange is in platform by adding Supplementary the process of migrating option classes Material .10 to Rule 723. Proposed bids and offers for the individual legs of from its current trading system to the Supplementary Material .10 to Rule 723 the complex order, the order will be Optimise platform.3 The Optimise specifies that members may use the executed against such bids and offers. Price Improvement Mechanism to platform offers members the same 2. Statutory Basis trading functionality as the current execute complex orders at a net price. trading system with some The complex orders are processed in the The basis under the Act for this enhancements, several of which were mechanisms at the net price in the same proposed rule change is found in previously added to the ISE’s rules.4 manner as single-legged orders. With Section 6(b)(5),8 in that the proposed The purpose of this rule filing is to respect to the bids and offers for the change will serve to remove specify in the Exchange’s rules that individual legs of a complex order impediments to and perfect the complex orders may be entered into the entered into the mechanisms, the mechanisms of a free and open market Price Improvement Mechanism for priority rules for complex orders and a national market system and, in contained in Rule 722(b)(2) continue to options classes traded on the Optimise general, to protect investors and the apply. If an improved net price for the platform. public interest. The proposed rule The Exchange’s Facilitation complex order being executed can be change will make an existing service Mechanism has been available for the achieved from bids and offers for the execution of complex orders since individual legs of the complex order in available to an additional order type. By 2005 5 and the Solicited Order the Exchange’s auction market, the making the Price Improvement Mechanism has been available for the order being executed will receive an Mechanism available for complex execution of complex orders since execution at the better net price.7 orders, members will be given an 2006.6 Both of the mechanisms expose Rule 723(b)(1) requires that orders additional way in which they can seek orders to all exchange members for one entered into the Price Improvement price improvement for their customers second to provide an opportunity for Mechanism be entered at a price that is when executing complex orders on the price improvement. Supplementary better than the ISE best bid or offer and Exchange. Moreover, the Proposal Material .08 to Rule 716 specifies that equal to or better than the national best assures that the existing priority rules members may use the Facilitation bid or offer, and Supplementary applicable to the execution of complex Mechanism and the Solicited Order Material .08 to Rule 723 provides an orders is maintained and automatically Mechanism to execute complex orders exception to this requirement. Proposed enforced by the system. at a net price. The complex orders are Supplementary Material .10 to Rule 723 processed in the mechanisms at the net specifies that Complex orders must be B. Self-Regulatory Organization’s price in the same manner as single- entered at a price that is better than the Statement on Burden on Competition legged orders. With respect to the bids best net price (i) available on the The proposed rule change does not and offers for the individual legs of a complex order book; and (ii) achievable impose any burden on competition that complex order entered into the from the best ISE bids and offers for the is not necessary or appropriate in mechanisms, the priority rules for individual legs (an ‘‘improved net complex orders contained in Rule price’’). It also specifies that furtherance of the purposes of the Act. Supplementary Material .08 is not C. Self-Regulatory Organization’s 3 Options classes are being transferred from the applicable to the entry of complex Statement on Comments on the current trading platform to the Optimise trading platform. The same options cannot trade on both orders; complex orders will be rejected Proposed Rule Change Received From systems at the same time. unless they are entered at an improved Members, Participants or Others 4 See Securities Exchange Act Release No. 63117 net price. Proposed Supplementary (October 15, 2010), 75 FR 65042 (October 21, 2010) Material .10 further specifies that all The Exchange has not solicited, and (SR–ISE–2010–101); and Securities Exchange Act references to the national best bid and does not intend to solicit, comments on Release No. 64275 (April 8, 2011), 76 FR 21087 (April 14, 2011) (File No. SR–ISE–2011–24). offer in Rule 723 and the this proposed rule change. The 5 Securities Exchange Act Release No. 52327 Supplementary Material thereto are Exchange has not received any (August 24, 2005), 70 FR 51854 (August 31, 2005) unsolicited written comments from (File No. SR–ISE–2004–33). 7 The Exchange provides the Commission with members or other interested parties. 6 Securities Exchange Act Release No. 53729 monthly statistics related to PIM order execution. (April 26, 2006), 71 FR 26154 (May 3, These statistics will include Complex Orders 2006) (File No. SR–ISE–2006–14). executed through the PIM. 8 15 U.S.C. 78f(b)(5).

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III. Date of Effectiveness of the a.m. and 3 p.m. Copies of the filing also Primary Counties (Physical Damage and Proposed Rule Change and Timing for will be available for inspection and Economic Injury Loans): Boyd, Commission Action copying at the principal office of the Crittenden, Graves, Hardin, Hickman, Within 45 days of the date of Exchange. All comments received will Jefferson, Livingston, Marshall, publication of this notice in the Federal be posted without change; the McCracken, Union, Webster. Contiguous Counties (Economic Injury Register or within such longer period Commission does not edit personal Loans Only): up to 90 days (i) as the Commission may identifying information from Kentucky: Ballard, Breckinridge, designate if it finds such longer period submissions. You should submit only Bullitt, Caldwell, Calloway, to be appropriate and publishes its information that you wish to make Carlisle, Carter, Fulton, Grayson, reasons for so finding or (ii) as to which available publicly. All submissions Greenup, Hart, Henderson, the self-regulatory organization should refer to File Number SR–ISE– Hopkins, Larue, Lawrence, Lyon, consents, the Commission will: 2011–30 and should be submitted on or McLean, Meade, Nelson, Oldham, (A) By order approve or disapprove before June 21, 2011. Shelby, Spencer, Trigg. the proposed rule change, or For the Commission, by the Division of Illinois: Gallatin, Hardin, Massac, (B) Institute proceedings to determine Trading and Markets, pursuant to delegated authority.9 Pope, Pulaski. whether the proposed rule change Indiana: Clark, Floyd, Harrison, Cathy H. Ahn, should be disapproved. Posey. Deputy Secretary. IV. Solicitation of Comments Missouri: Mississippi. [FR Doc. 2011–13315 Filed 5–27–11; 8:45 am] Ohio: Lawrence. Interested persons are invited to BILLING CODE 8011–01–P Tennessee: Henry, Obion, Weakley. submit written data, views, and West Virginia: Wayne. arguments concerning the foregoing, The Interest Rates are: including whether the proposed rule SMALL BUSINESS ADMINISTRATION change is consistent with the Act. Percent Comments may be submitted by any of [Disaster Declaration #12599 and #12600] the following methods: For Physical Damage: Kentucky Disaster # KY–00040 Homeowners With Credit Electronic Comments Available Elsewhere ...... 5.375 AGENCY: U.S. Small Business • Use the Commission’s Internet Homeowners Without Credit Administration. Available Elsewhere ...... 2.688 comment form (http://www.sec.gov/ ACTION: Notice. Businesses With Credit Avail- rules/sro.shtml); or able Elsewhere ...... 6.000 • Send an e-mail to rule- SUMMARY: This is a Notice of the Businesses Without Credit [email protected]. Please include File Presidential declaration of a major Available Elsewhere ...... 4.000 Number SR–ISE–2011–30 on the subject disaster for the Commonwealth of Non-Profit Organizations With line. Kentucky (FEMA–1976–DR), dated 05/ Credit Available Elsewhere 3.250 Non-Profit Organizations Paper Comments 19/2011. Without Credit Available • Incident: Severe storms, tornadoes, Elsewhere ...... 3.000 Send paper comments in triplicate and flooding. to Elizabeth M. Murphy, Secretary, For Economic Injury: Incident Period: 04/22/2011 and Businesses & Small Agricul- Securities and Exchange Commission, continuing. tural Cooperatives Without 100 F Street, NE., Washington, DC Effective Date: 05/19/2011. Credit Available Elsewhere 4.000 20549–1090. Physical Loan Application Deadline Non-Profit Organizations All submissions should refer to File Date: 07/18/2011. Without Credit Available Number SR–ISE–2011–30. This file Economic Injury (EIDL) Loan Elsewhere ...... 3.000 number should be included on the Application Deadline Date: 02/21/2012. subject line if e-mail is used. To help the The number assigned to this disaster ADDRESSES: Submit completed loan Commission process and review your for physical damage is 12599B and for applications to: U.S. Small Business comments more efficiently, please use economic injury is 126000. Administration, Processing and only one method. The Commission will (Catalog of Federal Domestic Assistance Disbursement Center, 14925 Kingsport post all comments on the Commission’s Numbers 59002 and 59008) Road, Fort Worth, TX 76155. Internet Web site (http://www.sec.gov/ James E. Rivera, rules/sro.shtml). Copies of the FOR FURTHER INFORMATION CONTACT: A Escobar, Office of Disaster Assistance, Associate Administrator for Disaster submission, all subsequent Assistance. amendments, all written statements U.S. Small Business Administration, with respect to the proposed rule 409 3rd Street, SW., Suite 6050, [FR Doc. 2011–13308 Filed 5–27–11; 8:45 am] change that are filed with the Washington, DC 20416. BILLING CODE 8025–01–P Commission, and all written SUPPLEMENTARY INFORMATION: Notice is communications relating to the hereby given that as a result of the SMALL BUSINESS ADMINISTRATION proposed rule change between the President’s major disaster declaration on Commission and any person, other than 05/19/2011, applications for disaster [Disaster Declaration #12576 and #12577] those that may be withheld from the loans may be filed at the address listed public in accordance with the above or other locally announced Missouri Disaster Number MO–00048 provisions of 5 U.S.C. 552, will be locations. AGENCY: U.S. Small Business available for Web site viewing and The following areas have been Administration. printing in the Commission’s Public determined to be adversely affected by ACTION: Amendment 2. Reference Room, 100 F Street, NE., the disaster: Washington, DC 20549, on official SUMMARY: This is an amendment of the business days between the hours of 10 9 17 CFR 200.30–3(a)(12). Presidential declaration of a major

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disaster for the State of Missouri ADDRESSES: Submit completed loan Disbursement Center, 14925 Kingsport (FEMA–1980–DR), dated 05/09/2011. applications to: U.S. Small Business Road, Fort Worth, TX 76155. Incident: Severe storms, tornadoes, Administration, Processing and FOR FURTHER INFORMATION CONTACT: A and flooding. Disbursement Center, 14925 Kingsport Escobar, Office of Disaster Assistance, Incident Period: 04/19/2011 and Road, Fort Worth, TX 76155. U.S. Small Business Administration, continuing. FOR FURTHER INFORMATION CONTACT: A. 409 3rd Street, SW., Suite 6050, Effective Date: 05/23/2011. Escobar, Office of Disaster Assistance, Washington, DC 20416. Physical Loan Application Deadline U.S. Small Business Administration, SUPPLEMENTARY INFORMATION: The notice Date: 07/08/2011. 409 3rd Street, SW., Suite 6050, of the President’s major disaster EIDL Loan Application Deadline Date: Washington, DC 20416. declaration for Private Non-Profit 02/09/2012. SUPPLEMENTARY INFORMATION: The notice organizations in the State of ADDRESSES: Submit completed loan of the Presidential disaster declaration ALABAMA, dated 04/28/2011, is hereby applications to: U.S. Small Business for the State of MISSOURI, dated 05/09/ amended to include the following areas Administration, Processing And 2011 is hereby amended to include the as adversely affected by the disaster. Disbursement Center, 14925 Kingsport following areas as adversely affected by Primary Counties: Lamar, Tuscaloosa. Road, Fort Worth, TX 76155. the disaster: All other information in the original FOR FURTHER INFORMATION CONTACT: A. Primary Counties (Physical Damage and declaration remains unchanged. Escobar, Office of Disaster Assistance, Economic Injury Loans): Cape (Catalog of Federal Domestic Assistance U.S. Small Business Administration, Girardeau, Howell, Mcdonald, Numbers 59002 and 59008) 409 3rd Street, SW., Suite 6050, Pulaski, Ripley, Scott, Stoddard, James E. Rivera, Washington, DC 20416. Stone. Associate Administrator for Disaster SUPPLEMENTARY INFORMATION: The notice Contiguous Counties (Economic Injury Assistance. of the Presidential disaster declaration Loans Only): for the State of Missouri, dated 05/09/ Missouri: Barry, Bollinger, Camden, [FR Doc. 2011–13310 Filed 5–27–11; 8:45 am] 2011 is hereby amended to include the Laclede, Lawrence, Maries, Miller, BILLING CODE 8025–01–P following areas as adversely affected by Newton, Oregon, Perry, Phelps, the disaster: Shannon, Texas. SMALL BUSINESS ADMINISTRATION Primary Counties (Physical Damage and Arkansas: Benton, Fulton, Randolph. Economic Injury Loans): Jasper, Illinois: Union. [Disaster Declaration #12603 and #12604] Newton. Oklahoma: Delaware, Ottawa. Idaho Disaster #ID–00014 Contiguous Counties (Economic Injury All other information in the original Loans Only): declaration remains unchanged. AGENCY: U.S. Small Business Kansas: Cherokee, Crawford. (Catalog of Federal Domestic Assistance Administration. Missouri: Barton, Dade. Numbers 59002 and 59008) ACTION: Notice. All other information in the original declaration remains unchanged. James E. Rivera, SUMMARY: This is a Notice of the Associate Administrator for Disaster Presidential declaration of a major (Catalog of Federal Domestic Assistance Assistance. disaster for Public Assistance Only for Numbers 59002 and 59008) [FR Doc. 2011–13343 Filed 5–27–11; 8:45 am] the State of Idaho (FEMA—1987—DR), James E. Rivera, BILLING CODE 8025–01–P dated 05/20/2011. Associate Administrator for Disaster Incident: Flooding, landslides, and Assistance. mudslides. [FR Doc. 2011–13344 Filed 5–27–11; 8:45 am] SMALL BUSINESS ADMINISTRATION Incident Period: 03/31/2011 through BILLING CODE 8025–01–P 04/11/2011. [Disaster Declaration #12584 and #12585] Effective Date: 05/20/2011. Physical Loan Application Deadline Alabama Disaster Number AL–00037 SMALL BUSINESS ADMINISTRATION Date: 07/19/2011. AGENCY: U.S. Small Business Economic Injury (EIDL) Loan [Disaster Declaration #12576 and #12577] Administration. Application Deadline Date: 02/22/2012. ACTION: Amendment 2. ADDRESSES: Submit completed loan Missouri Disaster Number MO–00048 applications to: U.S. Small Business AGENCY: U.S. Small Business SUMMARY: This is an amendment of the Administration, Processing And Administration. Presidential declaration of a major Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. ACTION: Amendment 1. disaster for Public Assistance Only for the State of Alabama (FEMA—1971— FOR FURTHER INFORMATION CONTACT: A SUMMARY: This is an amendment of the DR), dated 04/28/2011 . Escobar, Office of Disaster Assistance, Presidential declaration of a major Incident: Severe storms, tornadoes, U.S. Small Business Administration, disaster for the State of Missouri straight-line winds, and flooding. 409 3rd Street, SW., Suite 6050, (FEMA–1980–DR), dated 05/09/2011. Incident Period: 04/15/2011 and Washington, DC 20416. Incident: Severe storms, tornadoes, continuing. SUPPLEMENTARY INFORMATION: Notice is and flooding. Effective Date: 05/20/2011. hereby given that as a result of the Incident Period: 04/19/2011 and Physical Loan Application Deadline President’s major disaster declaration on continuing. Date: 06/27/2011 05/20/2011, Private Non-Profit Effective Date: 05/20/2011. Economic Injury (EIDL) Loan organizations that provide essential Physical Loan Application Deadline Application Deadline Date: 01/24/2012. services of governmental nature may file Date: 07/08/2011. ADDRESSES: Submit completed loan disaster loan applications at the address EIDL Loan Application Deadline Date: applications to: U.S. Small Business listed above or other locally announced 02/09/2012. Administration, Processing and locations.

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The following areas have been declaration for Private Non-Profit Itawamba, Lee, Noxubee, Prentiss, determined to be adversely affected by organizations in the State of Kentucky, Scott, Tate, Tippah, Union. the disaster: dated 05/04/2011, is hereby amended to All other information in the original Primary Counties: Bonner, Clearwater, include the following areas as adversely declaration remains unchanged. affected by the disaster. Idaho, Nez Perce, Shoshone, Nez (Catalog of Federal Domestic Assistance Perce Tribe. Primary Counties: Butler, Caldwell, Numbers 59002 and 59008) The Interest Rates are: Calloway, Edmonson, Elliott, Graves, Logan, Lyon, Monroe, James E. Rivera, Percent Todd, Trigg, Fulton, Union. Associate Administrator for Disaster All other information in the original Assistance. For Physical Damage: declaration remains unchanged. [FR Doc. 2011–13313 Filed 5–27–11; 8:45 am] Non-Profit Organizations With BILLING CODE 8025–01–P Credit Available Elsewhere 3.250 (Catalog of Federal Domestic Assistance Non-Profit Organizations Numbers 59002 and 59008) Without Credit Available James E. Rivera, SMALL BUSINESS ADMINISTRATION Elsewhere ...... 3.000 For Economic Injury: Associate Administrator for Disaster [Disaster Declaration #12601 and #12602] Non-Profit Organizations Assistance. Without Credit Available [FR Doc. 2011–13312 Filed 5–27–11; 8:45 am] North Dakota Disaster #ND–00026 Elsewhere ...... 3.000 BILLING CODE 8025–01–P AGENCY: U.S. Small Business The number assigned to this disaster Administration. for physical damage is 126036 and for SMALL BUSINESS ADMINISTRATION ACTION: Notice. economic injury is 126046. [Disaster Declaration #12550 and #12551] SUMMARY: This is a Notice of the (Catalog of Federal Domestic Assistance Presidential declaration of a major Numbers 59002 and 59008) Mississippi Disaster Number MS– disaster for Public Assistance Only for 00047 James E. Rivera the State of North Dakota (FEMA–1986– Associate Administrator for Disaster AGENCY: U.S. Small Business DR), dated 05/20/2011. Assistance. Administration. Incident: Severe winter storm. [FR Doc. 2011–13311 Filed 5–27–11; 8:45 am] ACTION: Amendment 2. Incident Period: 04/29/2011 through BILLING CODE 8025–01–P 05/01/2011. SUMMARY: This is an amendment of the Effective Date: 05/20/2011. Presidential declaration of a major Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION disaster for Public Assistance Only for Date: 07/19/2011. the State of Mississippi (FEMA–1972– Economic Injury (EIDL) Loan [Disaster Declaration #12566 and #12567] DR), dated 04/29/2011. Application Deadline Date: 02/22/2012. Kentucky Disaster Number KY–00039 Incident: Severe storms, tornadoes, ADDRESSES: Submit completed loan straight-line winds, and associated applications to: U.S. Small Business AGENCY: U.S. Small Business flooding. Administration, Processing and Administration. Incident Period: 04/15/2011 through Disbursement Center, 14925 Kingsport ACTION: Amendment 2. 04/28/2011. Road, Fort Worth, TX 76155. Effective Date: 05/18/2011. FOR FURTHER INFORMATION CONTACT: A SUMMARY: This is an amendment of the Physical Loan Application Deadline Presidential declaration of a major Date: 06/28/2011. Escobar, Office of Disaster Assistance, disaster for Public Assistance Only for Economic Injury (EIDL) Loan U.S. Small Business Administration, the State of Kentucky (FEMA—1976— Application Deadline Date: 01/30/2012. 409 3rd Street, SW., Suite 6050, Washington, DC 20416. DR), dated 05/04/2011 . ADDRESSES: Submit completed loan Incident: Severe storms, tornadoes, applications to: U.S. Small Business SUPPLEMENTARY INFORMATION: Notice is and flooding. Administration, Processing and hereby given that as a result of the Incident Period: 04/22/2011 and Disbursement Center, 14925 Kingsport President’s major disaster declaration on continuing. Road, Fort Worth, TX 76155. 05/20/2011, Private Non-Profit organizations that provide essential Effective Date: 05/17/2011. FOR FURTHER INFORMATION CONTACT: A services of governmental nature may file Physical Loan Application Deadline Escobar, Office of Disaster Assistance, disaster loan applications at the address Date: 07/05/2011. U.S. Small Business Administration, listed above or other locally announced Economic Injury (EIDL) Loan 409 3rd Street, SW., Suite 6050, locations. Application Deadline Date: 02/06/2012. Washington, DC 20416. The following areas have been ADDRESSES: Submit completed loan SUPPLEMENTARY INFORMATION: The notice applications to: U.S. Small Business determined to be adversely affected by of the President’s major disaster the disaster: Administration, Processing And declaration for Private Non-Profit Primary Counties: Bottineau, Burke, Disbursement Center, 14925 Kingsport organizations in the State of Mississippi, Divide, Dunn, Mckenzie, Mountrail, Road, Fort Worth, TX 76155. dated 04/29/2011, is hereby amended to Renville, Ward, Williams. FOR FURTHER INFORMATION CONTACT: A include the following areas as adversely Escobar, Office of Disaster Assistance, affected by the disaster. The Interest Rates are: U.S. Small Business Administration, Primary Counties: Alcorn, Attala, Clay, Percent 409 3rd Street, SW., Suite 6050, De Soto, Holmes, Marshall, Washington, DC 20416. Montgomery, Newton, Panola, For Physical Damage: SUPPLEMENTARY INFORMATION: The notice Quitman, Smith, Tishomingo, Tunica, Non-Profit Organizations With of the President’s major disaster Winston, Benton, Calhoun, Carroll, Credit Available Elsewhere ..... 3.250

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Percent compliance matter involving one 2. Project Sponsor and Facility: project; (2) the rescission of two docket Pennsylvania Food Group, LLC (Docket Non-Profit Organizations Without approvals; (3) action on certain water No. 20030411), West Donegal Credit Available Elsewhere ..... 3.000 resources projects; (4) action on seven Township, Lancaster County, Pa. For Economic Injury: projects involving a diversion; (5) an Public Hearing—Projects Scheduled for Non-Profit Organizations Without administrative appeal of Docket Nos. Credit Available Elsewhere ..... 3.000 20110316, 20110317, and 20110318, by Action the Allegheny Defense Project; (6) 1. Project Sponsor and Facility: The number assigned to this disaster amendments to the Regulatory Program Anadarko E&P Company LP (Pine for physical damage is 12601B and for Fee Schedule; and (7) amendment of the Creek—Jersey Mills), McHenry economic injury is 12602B. Comprehensive Plan for Management of Township, Lycoming County, Pa. (Catalog of Federal Domestic Assistance the Water Resources of the Susquehanna Application for surface water Numbers 59002 and 59008) River Basin. Details concerning the withdrawal of up to 1.500 mgd. James E. Rivera, matters to be addressed at the public 2. Project Sponsor and Facility: Associate Administrator for Disaster hearing and business meeting are Anadarko E&P Company LP (West Assistance. contained in the SUPPLEMENTARY Branch Susquehanna River–4), Burnside INFORMATION [FR Doc. 2011–13314 Filed 5–27–11; 8:45 am] section of this notice. Township, Centre County, Pa. DATES Application for surface water BILLING CODE 8025–01–P : June 23, 2011, at 8:30 a.m. ADDRESSES: Cecil College, Conference withdrawal of up to 0.720 mgd. Center, One Seahawk Drive, North East, 3. Project Sponsor and Facility: Anadarko E&P Company LP (Wolf Run), DEPARTMENT OF STATE MD. 21901 (for directions and campus map [Building D], see Web page Snow Shoe Township, Centre County, [Public Notice 7487] http://www.cecil.edu/about/map/ Pa. Application for surface water northeast.asp.) withdrawal of up to 0.499 mgd. Determination and Certification Under 4. Project Sponsor: Aqua FOR FURTHER INFORMATION CONTACT: Section 40A of the Arms Export Pennsylvania, Inc. Project Facility: Richard A. Cairo, General Counsel, Control Act Monroe Manor Water System, Monroe telephone: (717) 238–0423, ext. 306; fax: Township, Snyder County, Pa. Pursuant to section 40A of the Arms (717) 238–2436; e-mail: [email protected] Application for groundwater Export Control Act (22 U.S.C. 2781), and or Stephanie L. Richardson, Secretary to withdrawal of up to 0.302 mgd from Executive Order 11958, as amended, I the Commission, telephone: (717) 238– Well 7. hereby determine and certify to the 0423, ext. 304; fax: (717) 238–2436; e- 5. Project Sponsor and Facility: Congress that the following countries mail: [email protected]. Carrizo Marcellus, LLC (Meshoppen are not cooperating fully with United SUPPLEMENTARY INFORMATION: In Creek), Washington Township, States antiterrorism efforts: addition to the public hearing and its Wyoming County, Pa. Application for Cuba, related action items identified below, surface water withdrawal of up to 2.160 Eritrea, the business meeting also includes mgd. actions or presentations on the Iran, 6. Project Sponsor and Facility: following items: (1) The proposed Water Democratic People’s Republic of Korea Carrizo Marcellus, LLC (Middle Branch Resources Program and an (DPRK, or North Korea), Wyalusing Creek), Forest Lake accompanying presentation on the Syria, Township, Susquehanna County, Pa. Commission’s Chesapeake Bay related Venezuela. Application for surface water activities; (2) hydrologic conditions in This determination and certification withdrawal of up to 0.432 mgd. the basin; (3) proposed rulemaking to shall be transmitted to the Congress and 7. Project Sponsor and Facility: revise the Commission’s project review published in the Federal Register. Carrizo Marcellus, LLC (Unnamed regulations; (4) a preliminary Tributary to Middle Branch Wyalusing Dated:May 11, 2011. introduction to dockets; (5) a Creek), Forest Lake Township, James B. Steinberg, presentation on a pooled assets concept Susquehanna County, Pa. Application Deputy Secretary of State. by PPL, Inc.; (6) acquisition of new for surface water withdrawal of up to [FR Doc. 2011–13386 Filed 5–27–11; 8:45 am] SRBC headquarters facilities; (7) 0.720 mgd. BILLING CODE 4710–10–P adoption of a FY–2013 budget; (8) 8. Project Sponsor and Facility: election of officers for FY–2012; and (9) Chesapeake Appalachia, LLC ratification/approval of grants/contracts. (Wappasening Creek), Windham The Commission will also hear Legal SUSQUEHANNA RIVER BASIN Township, Bradford County, Pa. Counsel’s report. COMMISSION Application for surface water Public Hearing—Compliance Action withdrawal of up to 0.900 mgd. Public Hearing and Commission Meeting 1. Project Sponsor: Nature’s Way 9. Project Sponsor and Facility: Purewater Systems, Inc. Project Facility: Chesapeake Appalachia, LLC AGENCY: Susquehanna River Basin Pittston Bottling Facility, Dupont (Wyalusing Creek), Rush Township, Commission. Borough, Luzerne County, Pa. Susquehanna County, Pa. Application ACTION: Notice. for surface water withdrawal of up to Public Hearing—Projects Scheduled for 0.715 mgd, subject to rescission of SUMMARY: The Susquehanna River Basin Rescission Action Docket Nos. 20081227 and 20090610. Commission will hold a public hearing 1. Project Sponsor and Facility: 10. Project Sponsor and Facility: as part of its regular business meeting Anadarko E&P Company LP (West Chesapeake Appalachia, LLC (Wysox on June 23, 2011, in North East, Branch Susquehanna River-2) (Docket Creek), Rome Township, Bradford Maryland. At the public hearing, the No. 20090306), Renovo Borough, County, Pa. Application for surface Commission will consider: (1) A Clinton County, Pa. water withdrawal of up to 0.504 mgd.

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11. Project Sponsor and Facility: Township, Clinton County, Pa. surface water withdrawal of up to 0.144 Dunn Lake LLC (Dunn Lake), Ararat Modification to conditions of the mgd. Township, Susquehanna County, Pa. withdrawal approval (Docket No. 34. Project Sponsor and Facility: Application for surface water 20090906). Tennessee Gas Pipeline Company withdrawal of up to 0.999 mgd. 23. Project Sponsor and Facility: (Towanda Creek—Loop 317), Monroe 12. Project Sponsor: Exelon Mount Joy Borough Authority, Mount Township, Bradford County, Pa. Generation Company, LLC. Project Joy Borough, Lancaster County, Pa. Application for surface water Facility: Peach Bottom Atomic Power Application for groundwater withdrawal of up to 4.032 mgd. Station, Peach Bottom Township, York withdrawal of up to 1.584 mgd from 35. Project Sponsor and Facility: County, Pa. Modification to increase Well 1. Tennessee Gas Pipeline Company consumptive water use from 32.490 mgd 24. Project Sponsor and Facility: (White Creek—Loop 319), Springville up to 49.000 mgd (Docket No. Mount Joy Borough Authority, Mount Township, Susquehanna County, Pa. 20061209). Joy Borough, Lancaster County, Pa. Application for surface water 13. Project Sponsor: Exelon Application for groundwater withdrawal of up to 0.384 mgd. Generation Company, LLC. Project withdrawal of up to 1.656 mgd from 36. Project Sponsor and Facility: Facility: Three Mile Island Generating Well 2. Williamsport Municipal Water Station, Londonderry Township, 25. Project Sponsor and Facility: Authority, Williamsport City, Lycoming Dauphin County, Pa. Application for Nature’s Way Purewater Systems, Inc., County, Pa. Application for surface water withdrawal of up to Covington Township, Lackawanna groundwater withdrawal of up to 1.300 122.800 mgd. County, Pa. Application for mgd from Well 10. 14. Project Sponsor: Exelon groundwater withdrawal of up to 0.099 37. Project Sponsor and Facility: Generation Company, LLC. Project mgd from Covington Springs Well BH– Williamsport Municipal Water Facility: Three Mile Island Generating 1. Authority, Williamsport City, Lycoming Station, Londonderry Township, 26. Project Sponsor and Facility: County, Pa. Application for Dauphin County, Pa. Application for Nature’s Way Purewater Systems, Inc., groundwater withdrawal of up to 0.700 consumptive water use of up to 19.200 Dupont Borough, Luzerne County, Pa. mgd from Well 11. mgd. Application for consumptive water use Public Hearing—Projects Scheduled for 15. Project Sponsor and Facility: Fox of up to 0.400 mgd at the Dupont Action Involving a Diversion Road Waterworks, LLC (South Branch Bottling Plant. 1. Project Sponsor: Chief Oil & Gas Tunkhannock Creek), Tunkhannock 27. Project Sponsor: New Morgan LLC. Project Facility: Borough of Township, Wyoming County, Pa. Landfill Company, Inc. Project Facility: Ebensburg, Cambria Township, Cambria Application for surface water Conestoga Landfill, New Morgan County, Pa. Application for an into- withdrawal of up to 0.157 mgd. Borough, Berks County, Pa. Application 16. Project Sponsor and Facility: basin diversion of up to 0.249 mgd from for groundwater withdrawal of up to Hydro Recovery, LP, Blossburg Borough, the Ohio River Basin. 0.008 mgd from Well SW–3. Tioga County, Pa. Application for 2. Project Sponsor: Chief Oil & Gas 28. Project Sponsor and Facility: groundwater withdrawal of up to 0.216 LLC. Project Facility: Cambria Somerset Seneca Resources Corporation (Genesee mgd from Well HR–1. Authority, Summerhill Township, 17. Project Sponsor and Facility: Forks), Pike Township, Potter County, Cambria County, Pa. Application for an Hydro Recovery, LP, Blossburg Borough, Pa. Application for surface water into-basin diversion of up to 0.249 mgd Tioga County, Pa. Application for withdrawal of up to 1.920 mgd. from the Ohio River Basin. consumptive water use of up to 0.316 29. Project Sponsor and Facility: 3. Project Sponsor: Chief Oil & Gas mgd. Talisman Energy USA Inc. LLC. Project Facility: Highland Sewer 18. Project Sponsor and Facility: (Wappasening Creek), Windham and Water Authority, Portage Township, Keystone Clearwater Solutions, LLC Township, Bradford County, Pa. Cambria County, Pa. Application for an (Babb Creek), Morris Township, Tioga Application for surface water into-basin diversion of up to 0.249 mgd County, Pa. Application for surface withdrawal of up to 2.000 mgd. from the Ohio River Basin. water withdrawal of up to 0.950 mgd. 30. Project Sponsor and Facility: 4. Project Sponsor: Nature’s Way 19. Project Sponsor and Facility: Tennessee Gas Pipeline Company Purewater Systems, Inc. Project Facility: Keystone Clearwater Solutions, LLC (Meshoppen Creek—Loop 319), Nature’s Way Springs Borehole 1 (BH– (Driftwood Branch), Emporium Springville Township, Susquehanna 1), Foster Township, Luzerne County, Borough, Cameron County, Pa. County, Pa. Application for surface Pa. Application for an into-basin Application for surface water water withdrawal of up to 1.090 mgd. diversion of up to 0.100 mgd from the withdrawal of up to 0.999 mgd. 31. Project Sponsor and Facility: Delaware River Basin. 20. Project Sponsor and Facility: Tennessee Gas Pipeline Company 5. Project Sponsor: Penn Virginia Oil Keystone Clearwater Solutions, LLC (Susquehanna River—Loop 317), & Gas Corporation. Project Facility: Port (Lycoming Creek), Lewis Township, Asylum Township, Bradford County, Allegany Borough, McKean County, Pa. Lycoming County, Pa. Application for Pa. Application for surface water Application for an into-basin diversion surface water withdrawal of up to 0.292 withdrawal of up to 4.032 mgd. of up to 0.100 mgd from the Ohio River mgd. 32. Project Sponsor and Facility: Basin. 21. Project Sponsor and Facility: Tennessee Gas Pipeline Company (Tioga 6. Project Sponsor: SWEPI, LP. Project Keystone Clearwater Solutions, LLC River—Loop 315), Richmond Township, Facility: Pennsylvania American Water (Lycoming Creek—2), Lewis Township, Tioga County, Pa. Application for Company—Warren District, Warren Lycoming County, Pa. Application for surface water withdrawal of up to 3.140 City, Warren County, Pa. Application surface water withdrawal of up to 1.000 mgd. for an into-basin diversion of up to mgd. 33. Project Sponsor and Facility: 3.000 mgd from the Ohio River Basin. 22. Project Sponsor and Facility: LHP Tennessee Gas Pipeline Company (Tioga 7. Project Sponsor: Triana Energy, Management, LLC (Fishing Creek— River—Loop 315), Richmond Township, LLC. Project Facility: Johnson Quarry, Clinton Country Club), Bald Eagle Tioga County, Pa. Application for Roulette Township, Potter County, Pa.

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Application for an into-basin diversion authorizing an existing into-basin otherwise control the course of the of up to 0.500 mgd from the Ohio River diversion of up to 0.500 mgd from the hearing and business meeting. Written Basin. Ohio River Basin. comments may also be mailed to the 3. Docket No. 20110318. Project Susquehanna River Basin Commission, Public Hearing—Administrative Appeal Sponsor: Ultra Resources, Inc. Project 1721 North Front Street, Harrisburg, Administrative appeal by the Facility: Wayne Gravel Products, Ceres Pennsylvania 17102–2391, or submitted Allegheny Defense Project of the March Township, McKean County, Pa., electronically to Richard A. Cairo, 10, 2011, Commission action approving authorizing an existing into-basin General Counsel, e-mail: [email protected] the following dockets: diversion of up to 1.170 mgd from the or Stephanie L. Richardson, Secretary to 1. Docket No. 20110316. Project Ohio River Basin. the Commission, e-mail: Sponsor: Pennsylvania General Energy [email protected]. Comments mailed Opportunity to Appear and Comment Company, L.L.C. Project Facility: or electronically submitted must be Scaffold Lick Pond—1, Liberty Interested parties may appear at the received prior to June 17, 2011, to be Township, McKean County, Pa., above hearing to offer written or oral considered. authorizing an existing into-basin comments to the Commission on any Authority: Public Law 91–575, 84 Stat. diversion of up to 0.500 mgd from the matter on the hearing agenda, or at the 1509 et seq., 18 CFR parts 806, 807, and 808. Ohio River Basin. business meeting to offer written or oral 2. Docket No. 20110317. Project comments on other matters scheduled Dated: May 19, 2011. Sponsor: Pennsylvania General Energy for consideration at the business Thomas W. Beauduy, Company, L.L.C. Project Facility: meeting. The chair of the Commission Deputy Executive Director. Scaffold Lick Pond—2, Liberty reserves the right to limit oral [FR Doc. 2011–13289 Filed 5–27–11; 8:45 am] Township, McKean County, Pa., statements in the interest of time and to BILLING CODE 7040–01–P

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Part II

Department of Defense General Services Administration National Aeronautics and Space Administration

48 CFR Chapter 1 7 CFR Part 319

Federal Acquisition Regulation; Federal Acquisition Circular 2005–52; Final Rules

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DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective dates and comment Administration (NASA). dates, see separate documents, which GENERAL SERVICES follow. ADMINISTRATION ACTION: Summary presentation of final and interim rules. FOR FURTHER INFORMATION CONTACT: The NATIONAL AERONAUTICS AND analyst whose name appears in the table SPACE ADMINISTRATION SUMMARY: This document summarizes below in relation to each FAR case. the Federal Acquisition Regulation Please cite FAC 2005–52 and the 48 CFR Chapter 1 (FAR) rules agreed to by DoD, GSA, and specific FAR case numbers. For NASA in this Federal Acquisition information pertaining to status or [Docket FAR 2011–0076, Sequence 4] Circular (FAC) 2005–52. A companion publication schedules, contact the Federal Acquisition Regulation; document, the Small Entity Compliance Regulatory Secretariat at (202) 501– Federal Acquisition Circular 2005–52; Guide (SECG), follows this FAC. The 4755. Introduction FAC, including the SECG, is available via the Internet at http:// AGENCY: Department of Defense (DoD), www.regulations.gov. General Services Administration (GSA),

LIST OF RULES IN FAC 2005–52

Item Subject FAR case Analyst

I ...... Sustainable Acquisition ...... 2010–001 Clark. II ...... Contract Closeout ...... 2008–020 McFadden. III ...... Prohibition on Contracting with Inverted Domestic Corporations ...... 2008–009 Davis. IV ...... Buy American Exemption for Commercial Information Technology—Construction Material ...... 2009–039 Davis. V ...... Oversight of Contractor Ethics Programs ...... 2010–017 Robinson. VI ...... Technical Amendments.

SUPPLEMENTARY INFORMATION: 2009. This rule revises procedures and section 615 of Division C, Title VI, of Summaries for each FAR rule follow. sets forth a timeframe for clearing final the Consolidated Appropriations Act, For the actual revisions and/or patent reports; updates quick-closeout 2010 (Pub. L. 111–117). Section 615 amendments made by these FAR cases, procedures, including applicable authorizes exemption from the Buy refer to the specific item numbers and thresholds; sets forth a description of an American Act for acquisition of subject set forth in the documents adequate final indirect cost rate information technology that is a following these item summaries. FAC proposal and supporting data; and adds commercial item. 2005–52 amends the FAR as specified language for withholding fees to protect Item V—Oversight of Contractor Ethics below: the Government’s interest and Programs (FAR Case 2010–017) encourage timely submissions of an Item I—Sustainable Acquisition (FAR adequate final indirect cost rate This final rule modifies FAR 42.302, Case 2010–001) (Interim) proposal. The rule does not impose any Contract Administration Functions, to This interim rule amends the FAR to additional requirements on small add to the list of contract administration implement Executive Order 13514, businesses. functions, the function of ensuring that Federal Leadership in Environmental, contractors have implemented FAR Item III—Prohibition on Contracting Energy, and Economic Performance, and 52.203–13, Contractor Code of Business With Inverted Domestic Corporations Executive Order 13423, Strengthening Ethics and Conduct. (FAR Case 2008–009) Federal Environmental, Energy, and Contracting officers may ask to see a Transportation Management. It requires This final rule implements section contractor’s code of ethics or a Federal agencies to leverage agency 740 of Division C of the Consolidated contractor’s ethics program, but the acquisitions to foster markets for Appropriations Act, 2010 (Pub. L. 111– contracting officer is not required to ask sustainable technologies, materials, 117) and similar restrictions in 2008 and for a copy of any documents. products, and services. Federal agencies 2009 appropriations acts, which Item VI—Technical Amendments are additionally required to implement prohibit the award of contracts using Editorial changes are made at FAR high-performance sustainable building appropriated funds to any foreign 52.212–3, 53.301–1447, 53.301–1449, design, construction, renovation, repair, incorporated entity that is treated as an and 52.302–347. commissioning, operation and inverted domestic corporation or to any maintenance, management, and subsidiary of one, except as permitted in Dated: May 18, 2011. deconstruction practices in applicable specific exceptions as set forth in the Millisa Gary, acquisitions. Contractors will be rule. The rule does not impose any Acting Director, Office of Governmentwide required to support the goals of an requirements on small businesses. Acquisition Policy. agency’s environmental management Item IV—Buy American Exemption for Federal Acquisition Circular (FAC) 2005– system. Commercial Information Technology— 52 is issued under the authority of the Item II—Contract Closeout (FAR Case Construction Material (FAR Case 2009– Secretary of Defense, the Administrator of General Services, and the Administrator for 2008–020) 039) the National Aeronautics and Space This final rule amends the FAR This rule adopts as final, without Administration. procedures for closing out contracts. A change, an interim rule. The interim Unless otherwise specified, all proposed rule was published August 20, rule amended the FAR to implement Federal Acquisition Regulation (FAR)

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and other directive material contained agency’s environmental management sustainable acquisition by ensuring that in FAC 2005–52 is effective May 31, system. 95 percent of new contract actions, 2011, except for Items II and V which DATES: Effective Date: May 31, 2011. including task and delivery orders, for are effective June 30, 2011. Comment Date: Interested parties products and services, with the Dated: May 18, 2011. should submit written comments to the exception of acquisition of weapon systems, are energy-efficient (Energy Shay D. Assad, Regulatory Secretariat on or before August 1, 2011 to be considered in the Star or Federal Energy Management Director, Defense Procurement and Program (FEMP)-designated), water- Acquisition Policy. formulation of a final rule. efficient, biobased, environmentally ADDRESSES: Submit comments Dated: May 17, 2011. preferable (e.g., Electronic Product identified by FAC 2005–52, FAR Case Joseph A. Neurauter, Environmental Assessment Tool 2010–001, by any of the following Senior Procurement Executive/Deputy CAO, (EPEAT)-registered), non-ozone Office of Acquisition Policy, U.S. General methods: • Regulations.gov: http:// depleting, contain recycled content, or Services Administration. are non-toxic or less toxic alternatives, www.regulations.gov. Submit comments Dated: May 17, 2011. where such products and services meet via the Federal eRulemaking portal by William P. McNally, agency performance requirements. inputting ‘‘FAR Case 2010–001’’ under Assistant Administrator for Procurement, Federal agencies are also required to the heading ‘‘Enter Keyword or ID’’ and National Aeronautics and Space design, construct, maintain and operate selecting ‘‘Search.’’ Select the link Administration. high-performance sustainable buildings ‘‘Submit a Comment’’ that corresponds [FR Doc. 2011–12850 Filed 5–27–11; 8:45 am] in sustainable locations. with ‘‘FAR Case 2010–001.’’ Follow the BILLING CODE 6820–EP–P Similarly, recognizing the long-term instructions provided at the ‘‘Submit a impact that Federal environmental Comment’’ screen. Please include your management can have on national DEPARTMENT OF DEFENSE name, company name (if any), and ‘‘FAR health and security, Executive Order Case 2010–001’’ on your attached 13423 (E.O. 13423), Strengthening GENERAL SERVICES document. • Federal Environmental, Energy, and ADMINISTRATION Fax: (202) 501–4067. Transportation Management, was signed • Mail: General Services on January 24, 2007 (72 FR 3919, Administration, Regulatory Secretariat NATIONAL AERONAUTICS AND January 26, 2007). E.O. 13423 (MVCB), ATTN: Hada Flowers, 1275 SPACE ADMINISTRATION establishes the policy that Federal First Street, NE., 7th Floor, Washington, agencies shall conduct their 48 CFR Parts 1, 2, 4, 5, 7, 11, 12, 13, DC 20417. environmental, transportation, and Instructions: Please submit comments 23, 36, 37, 39, and 52 energy-related activities in an only and cite FAC 2005–52, FAR Case environmentally, economically, and 2010–001, in all correspondence related [FAC 2005–52; FAR Case 2010–001; Item fiscally sound, integrated, continuously I; Docket 2010–0001, Sequence 1] to this case. All comments received will improving, efficient, and sustainable be posted without change to http:// RIN 9000–AL96 manner. www.regulations.gov, including any The authorities throughout the personal and/or business confidential Federal Acquisition Regulation; applicable FAR parts are updated to information provided. Sustainable Acquisition include E.O. 13423 and E.O. 13514. FOR FURTHER INFORMATION CONTACT: Mr. Additionally, authorities throughout the AGENCY: Department of Defense (DoD), William Clark, Procurement Analyst, at applicable FAR parts are updated to General Services Administration (GSA), (202) 219–1813, for clarification of delete references to E.O. 13101, E.O. and National Aeronautics and Space content. For information pertaining to 13123, and E.O. 13148, because the Administration (NASA). status or publication schedules, contact Executive orders were revoked by E.O. ACTION: Interim rule. the Regulatory Secretariat at (202) 501– 13423. 4755. Please cite FAC 2005–52, FAR Under FAR part 2, the definitions for SUMMARY: DoD, GSA, and NASA are Case 2010–001. ‘‘renewable energy’’ and ‘‘United States’’ issuing an interim rule amending the SUPPLEMENTARY INFORMATION: are revised to reflect the latest Federal Acquisition Regulation (FAR) to definitions of the terms in E.O. 13514. implement Executive Order 13514, I. Background A new definition for ‘‘sustainable Federal Leadership in Environmental, In the face of changing environmental acquisition,’’ derived from the definition Energy, and Economic Performance, and circumstances and our Nation’s of ‘‘sustainable’’ in E.O. 13514, is added Executive Order 13423, Strengthening heightened energy demands, the Federal to FAR part 2. The definition of ‘‘water Federal Environmental, Energy, and Government must lead by example to consumption intensity’’ is also added to Transportation Management. This create a clean energy economy that will FAR part 2 from E.O. 13514. interim rule requires Federal agencies to increase prosperity, promote energy FAR part 4 changes include revisions leverage agency acquisitions to foster security, protect the interests of to the policy for contractor submission markets for sustainable technologies, taxpayers, and safeguard the health of of paper documents to the Government materials, products, and services. our environment. Executive Order and updating the general description of Federal agencies are additionally 13514 (E.O. 13514), Federal Leadership the Federal Procurement Data System required to implement high- in Environmental, Energy, and (FPDS). In efforts to reduce or prevent performance sustainable building Economic Performance, was signed on waste and meet the intent of the design, construction, renovation, repair, October 5, 2009 (74 FR 52117, October agencies’ requirement to purchase at commissioning, operation and 8, 2009). It requires Federal agencies to least 30 percent postconsumer fiber maintenance, management, and leverage agency acquisitions to foster content paper as directed in both E.O. deconstruction practices in applicable markets for sustainable technologies and 13423 and E.O. 13514, contractors are acquisitions. Contractors will be materials, products, and services. The required, if not using electronic required to support the goals of an head of each agency shall advance commerce methods, to submit paper

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documents to the Government on and management of water through other energy-efficient or double-sided 30 percent post-consumer water-efficient means, are implemented environmentally preferable features on fiber paper, whenever practicable. This in FAR subpart 23.2. all agency electronic products. The is a change from the current regulations FAR 23.403 is revised to require policy also requires agencies to employ that only encourage the submission of agencies to purchase recycled content best management practices for energy- paper documents on recycled paper. and biobased products or require them efficient management of servers and The general description of FPDS is in the acquisition of services; the Federal data centers. revised to reflect that the Web-based delivery, use, or furnishing of such FAR part 52 is revised to incorporate tool will be a means of collecting products, which must meet, but may the policies reflected in E.O. 13514 and sustainable acquisition data. exceed, the minimum recycled or E.O. 13423. The modified clauses FAR parts 5, 7, and 11 are revised to biobased content of an United States include— ensure agencies are including or Environmental Protection Agency • FAR 52.204–4, Printed or Copied considering sustainable acquisition (EPA)- or United States Department of Double-Sided Postconsumer Fiber requirements in their synopses, Agriculture-designated product. Paper; acquisition planning documents and Under FAR subpart 23.8, agencies are • FAR 52.204–8, Annual functions, and descriptions of agency required to substitute safe alternatives to Representations and Certifications; needs. ozone-depleting substances. This • FAR 52.213–4, Terms and Conforming changes are made to FAR subpart is revised to inform agencies Conditions—Simplified Acquisitions parts 12 and 13. that EPA’s Significant New Alternatives (Other Than Commercial Items); FAR part 23 is revised to ensure that Policy (SNAP) program (available at • FAR 52.223–5, Pollution Prevention the policy of ‘‘leading by example’’ is http://www.epa.gov/ozone/snap) has a and Right-to-Know Information; and followed by Federal agencies. This list of safe alternatives to ozone- • FAR 52.223–10, Waste Reduction includes fostering markets for depleting substances. Program. sustainable technologies, materials, DoD, GSA, and NASA deleted the Additionally, DoD, GSA, and NASA products, and services, as a goal of content of FAR subpart 23.9, which added the clause at FAR 52.223–19 to agency acquisitions. required contractors to report to address contractor compliance with FAR 23.001 is amended to add new agencies compliance with the toxic environmental management systems. definitions for ‘‘environmental,’’ chemical release reporting. E.O. 13148 ‘‘greenhouse gases,’’ and ‘‘United States.’’ required contractors to affirm II. Executive Orders 12866 and 13563 All the definitions derive from E.O. compliance with toxic chemical release Executive Orders (E.O.s) 12866 and 13514. FAR 23.002 is added to reporting requirements. E.O. 13148 was 13563 direct agencies to assess all costs implement a policy, derived from E.O. revoked by E.O. 13423. The associated and benefits of available regulatory 13423 sections 3(e) and (f), which clauses at FAR 52.223–13 and 52.223– alternatives and, if regulation is requires that contracts for contractor 14 are also deleted. Toxic chemical necessary, to select regulatory operation of a Government-owned or release reporting remains a requirement approaches that maximize net benefits -leased facility and contracts for support under environmental statutes and (including potential economic, services at a Government-owned or regulations, but the coverage in the FAR environmental, public health and safety -operated facility include provisions and the contract clauses are being effects, distributive impacts, and that obligate the contractor to comply deleted. FAR subpart 23.9 now requires equity). E.O. 13563 emphasizes the with the requirements of the order to the contractor compliance with an agency’s importance of quantifying both costs same extent as the agency would be environmental management system. A and benefits, of reducing costs, of required to comply if the agency new clause is prescribed to meet this harmonizing rules, and of promoting operated or supported the facility. requirement for contractor operation of flexibility. This is a significant Compliance includes developing Government-owned or -leased facilities regulatory action and, therefore, was programs to promote and implement in the United States, unless the agency subject to review under section 6(b) of cost-effective waste reduction. head determines that use of the clause E.O. 12866, Regulatory Planning and A new FAR subpart 23.1, Sustainable is in the interest of the facilities not Review, dated September 30, 1993. This Acquisition, is added to implement located in the United States. rule is not a major rule under 5 U.S.C. section 2(h) and section 18 of E.O. The requirement to implement high- 804. 13514. Federal agencies, with certain performance sustainable building III. Regulatory Flexibility Act exceptions or exemptions, are required design, construction, renovation, repair, to advance sustainable acquisition by operation, and management stated in DoD, GSA, and NASA do not expect ensuring that 95 percent of new contract E.O. 13514 is included in FAR 36.104. this interim rule to have a significant actions (including those for In addition, new definitions are added economic impact on a substantial construction) contain requirements for at FAR 36.001, and a Web site is number of small entities within the products that are designated as energy- provided for accessing the ‘‘Guiding meaning of the Regulatory Flexibility efficient, water-efficient, biobased, Principles for Federal Leadership in Act, 5 U.S.C. 601, et seq., because it is environmentally preferable (e.g., High Performance and Sustainable only emphasizing existing requirements. EPEAT-registered, non-toxic or less Buildings.’’ The majority of the requirements of E.O. toxic alternatives), non-ozone depleting, This interim rule adds language at 13423 and E.O. 13514 have been or those that contain recovered FAR 37.102 requiring agencies to ensure implemented through previous materials. A new definition for ‘‘contract that service contracts that require the Executive orders, laws, and sustainable action’’ is added to the new FAR subpart delivery, use, or furnishing of products programs. DoD, GSA, and NASA 23.1. are consistent with FAR part 23. recognize that the rule may have overall Changes to FAR subpart 23.2, Energy To promote electronics stewardship, pluses that create opportunities for and Water Efficiency and Renewable the policy at FAR 39.101 implements niche products for small businesses Energy, include updates to the provisions of section 2(i) of E.O. 13514 because agencies have to ensure that 95 authorities and policy. Sections (2)(d) to require agencies to enable power percent of new contract actions advance and 14 of E.O. 13514, relating to the use management, double-sided printing, and sustainable acquisition, but the number

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of entities affected, and the extent to List of Subjects in 48 CFR Parts 1, 2, 4, (2) That permit fulfilling the social, which they will be affected, is not 5, 7, 11, 12, 13, 23, 36, 37, 39, and 52 economic, and other requirements of expected to be significant. The clause Government procurement. present and future generations. requiring contractors to comply with an * * * * * agency’s environmental management Dated: May 18, 2011. United States *** system was required through E.O. Millisa Gary, (7) For use in part 23, see definition 13148. DoD, GSA, and NASA believe Acting Director, Office of Governmentwide at 23.001. that this requirement may affect small Acquisition Policy. * * * * * entities performing contracts for those Therefore, DoD, GSA, and NASA Water consumption intensity means agencies that have not fully amend 48 CFR parts 1, 2, 4, 5, 7, 11, 12, water consumption per square foot of implemented an environmental 13, 23, 36, 37, 39, and 52 as set forth building space. management system, but the number of below: * * * * * entities affected, and the extent to ■ 1. The authority citation for 48 CFR which they will be affected, is not parts 1, 2, 4, 5, 7, 11, 12, 13, 23, 36, 37, PART 4—ADMINISTRATIVE MATTERS expected to be significant. Therefore, an 39, and 52 continues to read as follows: Initial Regulatory Flexibility Analysis ■ 4. Revise section 4.302 to read as Authority: 40 U.S.C. 121(c); 10 U.S.C. has not been performed. chapter 137; and 42 U.S.C. 2473(c). follows: DoD, GSA, and NASA invite 4.302 Policy. comments from small business concerns PART 1—FEDERAL ACQUISITION (a) Section 3(a) of E.O. 13423, and other interested parties on the REGULATIONS SYSTEM expected impact of this rule on small Strengthening Federal Environmental, entities. 1.106 [Amended] Energy, and Transportation Management, directs agencies to DoD, GSA, and NASA will also ■ 2. Amend section 1.106, in the table implement waste prevention. In consider comments from small entities following the introductory text, by addition, section 2(e) of E.O. 13514, concerning the existing regulations in removing FAR segments ‘‘23.9’’, Federal Leadership in Environmental, subparts affected by this rule in ‘‘52.223–13’’, and ‘‘52.223–14’’ and their Energy, and Economic Performance, accordance with 5 U.S.C. 610. Interested corresponding OMB Control Number directs agencies to eliminate waste. parties must submit such comments ‘‘9000–0139’’. separately and should cite 5 U.S.C. 610 Electronic commerce methods (see (FAR Case 2010–001) in all PART 2—DEFINITIONS OF WORDS 4.502) and double-sided printing and correspondence. AND TERMS copying are best practices for waste prevention. IV. Paperwork Reduction Act ■ 3. Amend section 2.101 in paragraph (b) When electronic commerce The Paperwork Reduction Act does (b)(2) by— methods (see 4.502) are not used, apply because this interim rule removes ■ a. Revising the definition ‘‘Renewable agencies shall require contractors to the requirement that governed energy’’; submit paper documents to the contractor compliance with toxic ■ b. Adding, in alphabetical order, the Government relating to an acquisition chemical release reporting. Provisions definition ‘‘Sustainable acquisition’’; printed or copied double-sided on at relevant to toxic chemical release ■ c. In the definition ‘‘United States’’ least 30 percent postconsumer fiber reporting have been deleted from the redesignating paragraphs (7), (8), and (9) paper whenever practicable. If the FAR by deleting FAR clauses 52.223–13 as paragraphs (8), (9), and (10), contractor cannot print or copy double- and 52.223–14. A change notice will be respectively; and adding a new sided, it shall print or copy single-sided submitted to cancel this requirement paragraph (7); and on at least 30 percent postconsumer under OMB Clearance 9000–0139. The ■ d. Adding, in alphabetical order, the fiber paper. collection requirements remain definition ‘‘Water consumption ■ 5. Amend section 4.602 by removing unchanged for FAR clause 52.223–5, intensity.’’ from paragraph (a)(2) ‘‘contract; and’’ covered by OMB Clearance 9000–0137, The revised and added text reads as and adding ‘‘contract;’’ in its place; Pollution Prevention and Right-to-Know follows: redesignating paragraph (a)(3) as Information. 2.101 Definitions. paragraph (a)(4); and adding a new paragraph (a)(3) to read as follows: V. Determination to Issue an Interim * * * * * Rule (b) * * * 4.602 General. A determination has been made under (2) * * * (a) * * * the authority of the Secretary of Defense Renewable energy means energy (3) A means of measuring and (DoD), the Administrator of General produced by solar, wind, geothermal, assessing the effect of Federal Services (GSA), and the Administrator biomass, landfill gas, ocean (including contracting for promoting sustainable of the National Aeronautics and Space tidal, wave, current, and thermal), technologies, materials, products, and Administration (NASA) that urgent and municipal solid waste, or new high-performance sustainable buildings. compelling reasons exist to promulgate hydroelectric generation capacity This is accomplished by collecting and this interim rule without prior achieved from increased efficiency or reporting agency data on sustainable opportunity for public comment. This additions of new capacity at an existing acquisition, including types of products action is necessary because this rule hydroelectric project (Energy Policy Act purchased, the purchase costs, and the implements E.O. 13514 and E.O. 13423, of 2005, 42 U.S.C. 15852). exceptions used for other than already in effect. However, pursuant to * * * * * sustainable acquisition; and 41 U.S.C. 1707 and FAR 1.501–3(b), Sustainable acquisition means * * * * * DoD, GSA, and NASA will consider acquiring goods and services in order to public comments received in response create and maintain conditions— 4.1202 [Amended] to this interim rule in the formation of (1) Under which humans and nature ■ 6. Amend section 4.1202 by removing the final rule. can exist in productive harmony; and paragraph (u); and redesignating

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paragraphs (v) through (cc) as or vehicles, to the same extent as the printing and writing paper containing at paragraphs (u) through (bb), agency would be required to comply if least 30 percent postconsumer fiber. respectively. the agency operated the facilities or (b) Exceptions. If paper under vehicles. paragraphs (a)(1) or (a)(2) of this section PART 5—PUBLICIZING CONTRACT * * * * * containing at least 30 percent ACTIONS postconsumer fiber is not reasonably 7.105 [Amended] available, does not meet reasonable ■ 7. Amend section 5.207 by ■ performance requirements, or is only redesignating paragraphs (c)(11) through 9. Amend section 7.105 by removing available at an unreasonable price, then (c)(18) as paragraphs (c)(12) through from paragraph (b)(17) ‘‘contracts.’’ and the agency must purchase— (c)(19), respectively; and adding a new adding ‘‘contracts (see 11.002 and paragraph (c)(11) to read as follows: 11.303).’’ in its place. (1) Printing and writing paper containing no less than 20 percent 5.207 Preparation and transmittal of PART 11—DESCRIBING AGENCY postconsumer fiber; or synopses. NEEDS (2) Paper, other than printing and * * * * * writing paper, with the maximum ■ 10. Amend section 11.002 by revising (c) * * * practicable percentage of postconsumer paragraphs (d)(1) and (d)(2) introductory (11) Sustainable acquisition fiber that is reasonably available at a text to read as follows: requirements (or a description of high- reasonable price and that meets performance sustainable building 11.002 Policy. reasonable performance requirements. practices required, if for design, * * * * * PART 12—ACQUISITION OF construction, renovation, repair, or (d)(1) When agencies acquire products COMMERCIAL ITEMS deconstruction) (see parts 23 or 36). and services, various statutes and * * * * * executive orders (identified in part 23) ■ 12. Amend section 12.102 by revising require consideration of sustainable paragraph (c) to read as follows: PART 7—ACQUISITION PLANNING acquisition (see subpart 23.1) ■ 8. Amend section 7.103 by revising including— 12.102 Applicability. paragraph (p) to read as follows: (i) Energy-efficient and water-efficient * * * * * services and products (including (c) Contracts for the acquisition of 7.103 Agency-head responsibilities. products containing energy-efficient commercial items are subject to the * * * * * standby power devices) (subpart 23.2); policies in other parts of the FAR. When (p) Ensuring that agency planners— (ii) Products and services that utilize a policy in another part of the FAR is (1) Specify needs for printing and renewable energy technologies (subpart inconsistent with a policy in this part, writing paper consistent with the 30 23.2); this part 12 shall take precedence for the percent postconsumer fiber minimum (iii) Products containing recovered acquisition of commercial items. content standards specified in section materials (subpart 23.4); * * * * * 2(d)(ii) of Executive Order 13423 of (iv) Biobased products (subpart 23.4); (v) Environmentally preferable January 24, 2007, Strengthening Federal PART 13—SIMPLIFIED ACQUISITION products and services, including Environmental, Energy, and PROCEDURES Transportation Management, and EPEAT-registered electronic products section 2(e)(iv) of Executive Order and non-toxic or low-toxic alternatives ■ 13. Amend section 13.201 by revising 13514 of October 5, 2009 (see 11.303); (subpart 23.7); and paragraph (f) to read as follows: (2) Comply with the policy in (vi) Non-ozone depleting substances 11.002(d) regarding procurement of: (subpart 23.8). 13.201 General. biobased products, products containing (2) Unless an exception applies and is * * * * * recovered materials, environmentally documented by the requiring activity, (f) The procurement requirements in preferable products and services Executive agencies shall, to the subparts 23.1, 23.2, 23.4, and 23.7 apply (including Electronic Product maximum practicable, require the use of to purchases at or below the micro- Environmental Assessment Tool products and services listed in purchase threshold. paragraph (d)(1) of this section when— (EPEAT)-registered electronic products, * * * * * nontoxic or low-toxic alternatives), * * * * * ENERGY STAR® and Federal Energy ■ 11. Revise section 11.303 to read as PART 23—ENVIRONMENT, ENERGY Management Program-designated follows: AND WATER EFFICIENCY, products, renewable energy, water- RENEWABLE ENERGY efficient products, and non-ozone 11.303 Special requirements for paper. TECHNOLOGIES, OCCUPATIONAL depleting products; (a) The following applies when SAFETY, AND DRUG-FREE (3) Comply with the Guiding agencies acquire paper in the United WORKPLACE Principles for Federal Leadership in States (as defined in 23.001): High-Performance and Sustainable (1) Section 2(d)(ii) of Executive Order ■ 14. Revise section 23.000 to read as Buildings (Guiding Principles), for the 13423, Strengthening Federal follows: design, construction, renovation, repair, Environmental, Energy, and or deconstruction of Federal buildings. Transportation Management, establishes 23.000 Scope. The Guiding Principles can be accessed a 30 percent postconsumer fiber content This part prescribes acquisition at http://www.wbdg.org/pdfs/ standards for agency paper use. Section policies and procedures supporting the hpsb_guidance.pdf; and 2(d)(ii) requires that an agency’s paper Government’s program for ensuring a (4) Require contractor compliance products must meet or exceed the drug-free workplace, for protecting and with Federal environmental minimum content standard. improving the quality of the requirements, when the contractor is (2) Section 2(e)(iv) of Executive Order environment, and to foster markets for operating Government-owned facilities 13514 requires acquisition of uncoated sustainable technologies, materials,

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products, and services, and encouraging implement cost-effective waste (3) Furnished by the contractor for use the safe operation of vehicles by— reduction. by the Government. (a) Reducing or preventing pollution; ■ 17. Add subpart 23.1 to read as (c) The required products in the (b) Managing efficiently and reducing follows: contract actions must meet agency energy and water use in Government performance requirements. facilities; Subpart 23.1—Sustainable Acquisition (d) For purposes of meeting the 95 Policy (c) Using renewable energy and percent sustainable acquisition renewable energy technologies; Sec. requirement, the term ‘‘contract actions’’ (d) Acquiring energy-efficient and 23.101 Definition. includes new contracts (and task and water-efficient products and services, 23.102 Authorities. delivery orders placed against them) 23.103 Sustainable acquisitions. and new task and delivery orders on environmentally preferable (including 23.104 Exceptions. EPEAT-registered, and non-toxic and 23.105 Exemption authority. existing contracts. less toxic) products, products 23.104 Exceptions. containing recovered materials, non- Subpart 23.1—Sustainable Acquisition ozone depleting products, and biobased Policy This subpart does not apply to the products; following acquisitions: (e) Requiring contractors to identify 23.101 Definition. (a) Contracts performed outside of the hazardous materials; As used in this subpart— United States, unless the agency head (f) Encouraging contractors to adopt Contract action means any oral or determines that such application is in and enforce policies that ban text written action that results in the the interest of the United States. messaging while driving; and purchase, rent, or lease of supplies or (b) Weapon systems. (g) Requiring contractors to comply equipment, services, or construction 23.105 Exemption authority. using appropriated dollars, including with agency environmental management (a) The head of an agency may purchases below the micro-purchase systems. exempt— ■ 15. Revise section 23.001 to read as threshold. Contract action does not (1) Intelligence activities of the United follows: include grants, cooperative agreements, States, and related personnel, resources, other transactions, real property leases, and facilities, to the extent the Director 23.001 Definitions. requisitions from Federal stock, training of National Intelligence or agency head As used in this part— authorizations, or other non-FAR based determines it necessary to protect Environmental means environmental transactions. intelligence sources and methods from aspects of internal agency operations 23.102 Authorities. unauthorized disclosure; and activities, including those aspects (a) Executive Order 13423 of January (2) Law enforcement activities of that related to energy and transportation agency and related personnel, resources, functions. 24, 2007, Strengthening Federal Environmental, Energy, and and facilities, to the extent the head of Greenhouse gases means carbon an agency determines it necessary to dioxide, methane, nitrous oxide, Transportation Management. (b) Executive Order 13514 of October protect undercover operations from hydrofluorocarbons, perfluorocarbons, unauthorized disclosure; and sulfur hexafluoride. 5, 2009, Federal Leadership in Environmental, Energy, and Economic (3) Law enforcement, protective, Toxic chemical means a chemical or emergency response, or military tactical chemical category listed in 40 CFR Performance. (c) All of the authorities specified in vehicle fleets of that agency; and 372.65. (4) Agency activities and facilities in United States, except as used in subparts 23.2, 23.4, 23.7, 23.8, 23.9, and 23.10. the interest of national security. subpart 23.10, means— (b) If the head of the agency issues an (1) The fifty States; 23.103 Sustainable acquisitions. exemption under paragraph (a) of this (2) The District of Columbia; (a) Federal agencies shall advance section, the agency must notify the (3) The commonwealths of Puerto sustainable acquisition by ensuring that Chair of the Council on Environmental Rico and the Northern Mariana Islands; 95 percent of new contract actions for Quality in writing within 30 days of the (4) The territories of Guam, American the supply of products and for the issuance of the exemption. Samoa, and the United States Virgin acquisition of services (including (c) The agency head may submit Islands; and construction) require that the products through the Chair of the Council on (5) Associated territorial waters and Environmental Quality a request for airspace. are— (1) Energy-efficient (ENERGY STAR® exemption of an agency activity other ■ 16. Add section 23.002 to read as or Federal Energy Management Program than those activities listed in paragraph follows: (FEMP)-designated); (a) of this section and related personnel, resources, and facilities. 23.002 Policy. (2) Water-efficient; (3) Biobased; ■ 18. Revise section 23.201 to read as Executive Order 13423 sections 3(e) (4) Environmentally preferable (e.g., follows: and (f) require that contracts for EPEAT-registered, or non-toxic or less contractor operation of a Government- toxic alternatives); 23.201 Authorities. owned or -leased facility and contracts (5) Non-ozone depleting; or (a) Energy Policy and Conservation for support services at a Government- (6) Made with recovered materials. Act (42 U.S.C. 6361(a)(1)) and Resource owned or -operated facility include (b) The required products in the Conservation and Recovery Act of 1976 provisions that obligate the contractor to contract actions for services include (42 U.S.C. 6901, et seq.). comply with the requirements of the products that are— (b) National Energy Conservation order to the same extent as the agency (1) Delivered to the Government Policy Act (42 U.S.C. 8253, 8259b, would be required to comply if the during performance; 8262g, and 8287). agency operated or supported the (2) Acquired by the contractor for use (c) Section 706 of Division D, Title VII facility. Compliance includes in performing services at a Federally- of the Omnibus Appropriations Act, developing programs to promote and controlled facility; or 2009 (Pub. L. 111–8).

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(d) Title VI of the Clean Air Act, as energy use and cost in the agency’s 23.705 and 23.706 [Redesignated as amended (42 U.S.C. 7671, et seq.). facilities and operations. 23.704 and 23.705] (e) Executive Order 11912 of April 13, * * * * * ■ 25a. Redesignate sections 23.705 and 1976, Delegations of Authority under ■ 21. Amend section 23.402 by revising 23.706 as sections 23.704 and 23.705, the Energy Policy and Conservation Act. respectively. (f) Executive Order 13221 of July 31, paragraphs (c) and (d) and adding 2001, Energy-Efficient Standby Power paragraph (e) to read as follows: 23.705 [Amended] Devices. 23.402 Authorities. ■ (g) Executive Order 13423 of January 25b. In newly redesignated section * * * * * 24, 2007, Strengthening Federal 23.705, remove from paragraph (b)(1) Environmental, Energy, and (c) Executive Order 13423 of January ‘‘23.705(c)’’ and add ‘‘23.704(c)’’ in its Transportation Management. 24, 2007, Strengthening Federal place. (h) Executive Order 13514 of October Environmental, Energy, and ■ 26. Revise section 23.801 to read as 5, 2009, Federal Leadership in Transportation Management. follows: Environmental, Energy, and Economic (d) The Energy Policy Act of 2005, Performance. Public Law 109–58. 23.801 Authorities. ■ 19. Revise section 23.202 to read as (e) Executive Order 13514 of October (a) Title VI of the Clean Air Act (42 follows: 5, 2009, Federal Leadership in U.S.C. 7671, et seq.). Environmental, Energy, and Economic (b) Section 706 of Division D, Title VII 23.202 Policy. Performance. of the Omnibus Appropriations Act, (a) Introduction. The Government’s ■ 22. Revise section 23.403 to read as 2009 (Pub. L. 111–8). policy is to acquire supplies and follows: (c) Executive Order 13423 of January services that promote a clean energy 24, 2007, Strengthening Federal economy that increases our Nation’s 23.403 Policy. Environmental, Energy, and energy security, safeguards the health of Government policy on the use of Transportation Management. our environment, and reduces products containing recovered materials (d) Executive Order 13514 of October greenhouse gas emissions from direct and biobased products considers cost, and indirect Federal activities. To 5, 2009, Federal Leadership in availability of competition, and Environmental, Energy, and Economic implement this policy, Federal performance. Agencies shall purchase acquisitions will foster markets for Performance. these products or require in the (e) Environmental Protection Agency sustainable technologies, products, and acquisition of services, the delivery, use, services. This policy extends to all (EPA) regulations, Protection of or furnishing (see 23.103(b)) of such Stratospheric Ozone (40 CFR Part 82). acquisitions, including those below the products. Agency contracts should simplified acquisition threshold and specify that these products are ■ 27. Amend section 23.803 by revising those at or below the micro-purchase composed of the highest percent of paragraphs (b)(1) and (2) to read as threshold (including those made with a recovered material or biobased content follows: Government purchase card). practicable, or at least meet, but may 23.803 Policy. (b) Water-efficient. In accordance with exceed, the minimum recovered * * * * * Executive Order 13514, dated October 5, materials or biobased content of an EPA- 2009, Federal Leadership in or USDA-designated product. Agencies (b) * * * Environmental, Energy, and Economic shall purchase these products to the (1) Comply with the requirements of Performance, it is the policy and maximum extent practicable without Title VI of the Clean Air Act, Section objective of the Government to use and jeopardizing the intended use of the 706 of Division D, Title VII of Public manage water through water-efficient product while maintaining a satisfactory Law 111–8, Executive Order 13423, means by— level of competition at a reasonable Executive Order 13514, and 40 CFR (1) Reducing potable water price. Such products shall meet the 82.84(a)(2), (3), (4), and (5); and consumption intensity to include low- reasonable performance standards of the (2) Substitute safe alternatives to flow fixtures and efficient cooling agency and be acquired competitively, ozone-depleting substances, as towers; in a cost-effective manner. Except as identified under 42 U.S.C. 7671k, to the (2) Reducing agency, industry, provided at 23.404(b), virgin material maximum extent practicable, as landscaping, and agricultural water shall not be required by the solicitation provided in 40 CFR 82.84(a)(1), except consumption; and (see 11.302). in the case of Class I substances being (3) Storm water management in used for specified essential uses, as accordance with section 438 of the ■ 23. Amend section 23.702 by removing paragraphs (d), (e), and (f); identified under 40 CFR 82.4(r). EPA’s Energy Independence and Security Act Significant New Alternatives Policy of 2007 (42 U.S.C. 17094) as redesignating paragraphs (g), (h), and (i) as paragraphs (d), (e), and (f), (SNAP) program (available at http:// implemented in http://www.epa.gov/ www.epa.gov/ozone/snap) has a list of nps/lid/section438. respectively; and adding a new paragraph (g) to read as follows: safe alternatives to ozone-depleting ■ 20. Amend section 23.205 by revising substances. paragraph (a) to read as follows: 23.702 Authorities. ■ 28. Revise subpart 23.9 to read as 23.205 Energy-savings performance * * * * * follows: contracts. (g) Executive Order 13514 of October Subpart 23.9—Contractor Compliance With (a) Agencies should make maximum 5, 2009, Federal Leadership in Environmental Management Systems Environmental, Energy, and Economic use of the authority provided in the Sec. National Energy Conservation Policy Performance. 23.900 Scope. Act (42 U.S.C. 8287) to use an energy- 23.704 [Removed] 23.901 Authority. savings performance contract (ESPC), 23.902 Policy. when life-cycle cost-effective, to reduce ■ 24. Remove section 23.704. 23.903 Contract clause.

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Subpart 23.9—Contractor Compliance 23.1004 Requirements. design, construction, renovation, repair, With Environmental Management (a) Federal facilities are required to commissioning, operation and Systems comply with— maintenance, management, and (1) The emergency planning and toxic deconstruction practices so as to— 23.900 Scope. release reporting requirements in (1) Ensure that all new construction, This subpart implements the EPCRA and PPA; and major renovation, or repair and environmental management systems (2) The toxic chemical, and hazardous alteration of Federal buildings complies requirements for contractors. substance release and use reduction with the Guiding Principles for Federal goals of sections 2(e) and 3(a)(vi) of 23.901 Authority. Leadership in High-Performance and Executive Order 13423. Sustainable Buildings (available at (a) Executive Order 13423 of January (b) Pursuant to EPCRA, PPA, E.O. 24, 2007, Strengthening Federal http://www.wbdg.org/pdfs/ 13423, and any agency implementing hpsb_guidance.pdf); Environmental, Energy, and procedures, every new contract that (2) Pursue cost-effective, innovative Transportation Management. provides for performance on a Federal (b) Executive Order 13514 of October facility shall require the contractor to strategies, such as highly reflective and 5, 2009, Federal Leadership in provide information necessary for the vegetated roofs, to minimize Environmental, Energy, and Economic Federal agency to comply with the— consumption of energy, water, and Performance. (1) Requirements in paragraph (a) of materials; (3) Identify alternatives to renovation 23.902 Policy. this section; and (2) Requirements for EMSs and FCAs that reduce existing assets’ deferred (a) Agencies shall implement if the place of performance is at a maintenance costs; environmental management systems Federal facility designated by the (4) Ensure that rehabilitation of (EMS) at all appropriate organizational agency. Federally-owned historic buildings levels. Where contractor activities affect utilizes best practices and technologies an agency’s environmental management PART 36—CONSTRUCTION AND in retrofitting to promote long-term aspects, EMS requirements shall be ARCHITECT-ENGINEER CONTRACTS viability of the buildings; and included in contracts to ensure proper implementation and execution of EMS ■ 32. Add section 36.001 to read as (5) Ensure pollution prevention and roles and responsibilities. follows: eliminate waste by diverting at least 50 (b) The contracting officer shall— percent of construction and demolition (1) Specify the EMS directives with 36.001 Definitions. materials and debris by the end of Fiscal which the contractor must comply; and As used in this part— Year 2015. (2) Ensure contractor compliance to Construction and demolition the same extent as the agency would be materials and debris means materials PART 37—SERVICE CONTRACTING and debris generated during required to comply, if the agency ■ operated the facilities or vehicles. construction, renovation, demolition, or 34. Amend section 37.102 by adding dismantling of all structures and paragraph (i) to read as follows: 23.903 Contract clause. buildings and associated infrastructure. 37.102 Policy. The contracting officer shall insert the Diverting means redirecting materials clause at 52.223–19, Compliance With that might otherwise be placed in the * * * * * Environmental Management Systems, in waste stream to recycling or recovery, (i) Agencies shall ensure that service all solicitations and contracts for excluding diversion to waste-to-energy contracts that require the delivery, use, contractor operation of Government- facilities. or furnishing of products are consistent owned or -leased facilities or vehicles, ■ 33. Revise section 36.104 to read as with part 23. located in the United States. For follows: PART 39—ACQUISITION OF facilities located outside the United INFORMATION TECHNOLOGY States, the agency head may determine 36.104 Policy. that use of the clause is in the best (a) Unless the traditional acquisition ■ 35. Amend section 39.101 by revising interest of the Government. approach of design-bid-build paragraph (b)(1) to read as follows: ■ 29. Amend section 23.1001 by established under the Brooks Architect- revising paragraph (c); and adding Engineers Act (40 U.S.C. 1101 et seq.) or 39.101 Policy. another acquisition procedure paragraph (d) to read as follows: * * * * * authorized by law is used, the 23.1001 Authorities. contracting officer shall use the two- (b)(1) In acquiring information technology, agencies shall identify their * * * * * phase selection procedures authorized (c) Executive Order 13423 of January by 10 U.S.C. 2305a or 41 U.S.C. 253m requirements pursuant to— 24, 2007, Strengthening Federal when entering into a contract for the (i) OMB Circular A–130, including Environmental, Energy, and design and construction of a public consideration of security of resources, Transportation Management. building, facility, or work, if the protection of privacy, national security (d) Executive Order 13514 of October contracting officer makes a and emergency preparedness, 5, 2009, Federal Leadership in determination that the procedures are accommodations for individuals with Environmental, Energy, and Economic appropriate for use (see subpart 36.3). disabilities, and energy efficiency; Performance. Other acquisition procedures authorized (ii) Electronic Product Environmental by law include the procedures Assessment Tool (EPEAT) standards 23.1003 [Amended] established in this part and other parts (see 23.704); ■ 30. Amend section 23.1003 by of this chapter and, for DoD, the design- (iii) Policies to enable power removing the definition ‘‘Priority build process described in 10 U.S.C. management, double-sided printing, and chemical’’. 2862. other energy-efficient or ■ 31. Revise section 23.1004 to read as (b) Agencies shall implement high- environmentally preferable features on follows: performance sustainable building all agency electronic products; and

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(iv) Best management practices for (vii) 52.223–5, Pollution Prevention and 52.223–16 IEEE 1680 Standard for the energy-efficient management of servers Right-to-Know Information (May 2011) (E.O. Environmental Assessment of Personal and Federal data centers. 13423) (Applies to services performed on Computer Products. Federal facilities). * * * * * As prescribed in 23.705(b)(1), insert * * * * * the following clause: PART 52—SOLICITATION PROVISIONS ■ 39. Amend section 52.223–5 by— * * * * * AND CONTRACT CLAUSES Alternate I (Dec 2007). As prescribed in ■ a. Revising the date of the clause; 23.705(b)(2), substitute the following ■ 36. Revise section 52.204–4 to read as ■ b. Removing from paragraph (a) the paragraph (b) for paragraph (b) of the basic follows: definition ‘‘Priority chemical’’; clause: 52.204–4 Printed or Copied Double-Sided ■ c. Revising paragraphs (b) and (c)(6); * * * * * ■ on Postconsumer Fiber Content Paper. ■ d. Revising the date of Alternate I and 43. Add section 52.223–19 to read as As prescribed in 4.303, insert the paragraph (c)(7); and follows: following clause: ■ e. Revising the date of Alternate II and 52.223–19 Compliance with Environmental Printed or Copied Double-Sided on paragraph (c)(7). Management Systems. Postconsumer Fiber Content Paper (May The revised text reads as follows: As prescribed in 23.903, insert the 2011) following clause: (a) Definitions. As used in this clause— 52.223–5 Pollution Prevention and Right- to-Know Information. Compliance With Environmental Postconsumer fiber means—(1) Paper, Management Systems (May 2011) paperboard, and fibrous materials from retail * * * * * stores, office buildings, homes, and so forth, The Contractor’s work under this contract after they have passed through their end- Pollution Prevention and Right-to-Know shall conform with all operational controls usage as a consumer item, including: used Information (May 2011) identified in the applicable agency or facility corrugated boxes; old newspapers; old * * * * * Environmental Management Systems and magazines; mixed waste paper; tabulating (b) Federal facilities are required to comply provide monitoring and measurement cards; and used cordage; or with the provisions of the Emergency information necessary for the Government to (2) All paper, paperboard, and fibrous Planning and Community Right-to-Know Act address environmental performance relative materials that enter and are collected from of 1986 (EPCRA) (42 U.S.C. 11001–11050), to the goals of the Environmental municipal solid waste; but not and the Pollution Prevention Act of 1990 Management Systems. (3) Fiber derived from printers’ over-runs, (PPA) (42 U.S.C. 13101–13109). (End of clause) converters’ scrap, and over-issue (c) * * * [FR Doc. 2011–12851 Filed 5–27–11; 8:45 am] publications. (6) The toxic chemical and hazardous BILLING CODE 6820–EP–P (b) The Contractor is required to submit substance release and use reduction goals of paper documents, such as offers, letters, or section 2(e) of Executive Order 13423 and of reports that are printed or copied double- Executive Order 13514. DEPARTMENT OF DEFENSE sided on paper containing at least 30 percent * * * * * postconsumer fiber, whenever practicable, Alternate I (May 2011). *** when not using electronic commerce GENERAL SERVICES (c)(7) The environmental management ADMINISTRATION methods to submit information or data to the system as described in section 3(b) of E.O. Government. 13423 and 2(j) of E.O. 13514. (End of clause) Alternate II (May 2011). *** NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ■ 37. Amend section 52.204–8 by (c)(7) The facility compliance audits as described in section 3(c) of E.O. 13423. revising the date of the provision; 48 CFR Parts 4, 42, and 52 removing paragraph (c)(2)(vi); and ■ 40. Amend section 52.223–10 by redesignating paragraphs (c)(2)(vii) and revising the introductory paragraph, the [FAC 2005–52; FAR Case 2008–020; Item II; Docket 2009–0031, Sequence 1] (viii) as paragraphs (c)(2)(vi) and (vii), date of the clause, and the first sentence respectively. of paragraph (b) to read as follows: RIN 9000–AL43 The revised text reads as follows: 52.223–10 Waste Reduction Program. 52.204–8 Annual Representations and Federal Acquisition Regulation; Certifications. As prescribed in 23.705(a), insert the Contract Closeout * * * * * following clause: AGENCY: Department of Defense (DoD), Annual Representations and Certifications Waste Reduction Program (May 2011) General Services Administration (GSA), (May 2011) * * * * * and National Aeronautics and Space * * * * * (b) Consistent with the requirements of Administration (NASA). ■ section 3(e) of Executive Order 13423, the ACTION: Final rule. 38. Amend section 52.213–4 by Contractor shall establish a program to revising the date of the clause and promote cost-effective waste reduction in all SUMMARY: DoD, GSA, and NASA are paragraph (b)(1)(vii) to read as follows: operations and facilities covered by this issuing a final rule amending the contract. * * * 52.213–4 Terms and Conditions— Federal Acquisition Regulation (FAR) Simplified Acquisitions (Other Than 52.223–13 and 52.223–14 [Removed and procedures for closing out contract files. Commercial Items). Reserved] This case revises procedures for clearing * * * * * final patent reports and quick-closeout ■ 41. Remove and reserve sections procedure, and sets forth a description Terms and Conditions—Simplified 52.223–13 and 52.223–14. of an adequate final indirect cost rate Acquisitions (Other Than Commercial Items) (May 2011) ■ 42. Amend section 52.223–16 by proposal and supporting data. * * * * * revising the introductory paragraph, and DATES: Effective Date: June 30, 2011. (b) * * * the introductory paragraph of Alternate FOR FURTHER INFORMATION CONTACT: Ms. (1) * * * I to read as follows: Clare McFadden, Procurement Analyst,

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at (202) 501–0044, for clarification of Response: Use of the term ‘‘adequate’’ 1(b)(1)(iv) and FAR 52.216–7(d) content. For information pertaining to for describing the Government’s contradict FAR 42.705–1(b)(1)(i), which status or publication schedules, contact requirements for submission of costs is requires the parties to work together to the Regulatory Secretariat at (202) 501– more appropriate than utilizing the make the proposal, audit, and 4755. Please cite FAC 2005–52, FAR terms ‘‘complete’’ or ‘‘detailed’’. The FAR negotiation process as efficient as Case 2008–020. already required the submission of an possible. The proposed default choice SUPPLEMENTARY INFORMATION: adequate final indirect cost rate requiring data in FAR 52.216–7(d)(2)(iii) proposal (FAR 42.705–1(b)). This final will result in contractors trying to I. Background rule establishes the content of an provide unrelated data to avoid an DoD, GSA, and NASA published a adequate submission. auditor’s automatic ‘‘checklist’’ determination of inadequate proposals. proposed rule in the Federal Register at C. Adequacy Determination and Roles 74 FR 42044 on August 20, 2009. Such rigid requirements will lead to an Sixteen respondents provided The final rule includes amendments increase in disagreements about the comments. The Civilian Agency to FAR 42.705–1(b) and 42.705–2(b) in adequacy of final indirect cost rate Acquisition Council and the Defense response to comments in this category. proposals. Comment: One respondent Acquisition Regulations Council (the Response: The process of reviewing recommends that the granting of an Councils) reviewed the comments in the proposal for adequacy, performing extension to the contractor for development of the final rule. the audit, and conducting negotiations submitting its indirect cost rate proposal has not changed. Also, no new II. Discussion and Analysis of the by the contracting officer be made in requirement is imposed on contractors Public Comments writing at FAR 42.705–1(b)(1)(i). by this rule. The list of data (schedules) Response: The language at FAR Comments received were grouped now included in FAR 52.216–7(d) 42.705–1(b)(1)(ii) is revised accordingly. under 13 general topics. A discussion of requires the same information Comments: Five respondents question previously cited in FAR 42.705–1(b). the comments and the changes made to whether it is appropriate for DCAA to the rule as a result of those comments have sole responsibility to determine D. Adequacy of Indirect Cost Rate are provided as follows: the adequacy of indirect cost rate Proposal A. ‘‘Adequacy’’ Definition proposals. One respondent believes a The final rule includes amendments determination from the auditor exceeds to FAR 52.216–7(d)(2)(iv) in response to The final rule implements the changes the auditor’s authority under law. comments in this category. published in the proposed rule, without Three respondents state that any final Comment: One respondent agrees further amendments in response to determination regarding adequacy with the proposed language at FAR comments in this category. should be the responsibility of the 42.705–1 as positive changes. Comment: One respondent contracting officer. One respondent Comment: One respondent states that recommends a new definition for states that the contracting officer/ the proposed rule was not clear as to ‘‘adequacy’’ at FAR 42.705–1. The auditor relationship that is provided for whether the list of required data in FAR respondent states that guidelines for in the audit process should be followed. 52.216–7(d)(2)(iv) that ‘‘may’’ be determining adequacy should be Response: The term ‘‘determination’’ submitted with the proposal will be established in order to provide a in this case was not intended to shift the considered in making a determination of baseline against which the contracting authority to make determinations from the adequacy of the contractor’s officer can resolve differences of the contracting officer to the auditor; proposal. The respondent recommends opinion on adequacy between the rather, the intent was for the auditor to clarification. auditor and the contractor. offer advice to the contracting officer Response: The language at FAR Response: A new definition is not regarding adequacy of the proposal. The 52.216–7(d)(2)(iv) has been revised by necessary, as specific information has language in 42.705–1(b)(1)(iii), 42.705– replacing ‘‘will’’ with ‘‘may’’; however, been provided in the clause to ensure 1(b)(2), and 42.705–2(b) has been clarification of FAR 42.705–1(b)(1)(ii) is uniformity, consistency, and fairness for revised to remove the term not necessary. The supplemental all contractors. This assures that ‘‘determination’’ and to clarify that the information listed in FAR 52.216– contractors are fully informed in auditor reviews the proposal for 7(d)(2)(iv) is not required for a advance of the Government’s parameters adequacy and provides the findings of determination on the adequacy for the for the content of an adequate final inadequacy to the contracting officer contractor’s proposal for audit. indirect cost rate proposal. and contractor. Comment: One respondent states that B. Adequacy Determination Comment: One respondent states that the proposed statement at FAR 42.705– the proposed rule creates a review 1(b)(1)(iii) ‘‘The proposal must be The final rule implements the changes process within which there is little supported with adequate supporting published in the proposed rule, without latitude for a contracting officer to data, which may be required subsequent further amendments in response to resolve administrative disagreements to proposal submission’’ is repetitious of comments in this category. between auditors and contractors. FAR 52.216–7(d)(iv) and unnecessary. Comment: One respondent Response: The rule does not diminish The respondent further states that the recommends the term ‘‘adequate’’ be the latitude or the authority that statement adds a level of subjectivity as replaced with ‘‘complete’’ or ‘‘detailed’’ contracting officers have to resolve any contractors guess at what information at FAR 42.705–1(b). The respondent and all matters arising under the ‘‘may be required’’ subsequent to states that the phrase ‘‘the contractor contract with respect to an indirect cost submission. shall submit * * * an adequate indirect rate proposal. The current FAR already Response: The contractor’s cost rate proposal’’ is inappropriate, as allows flexibility for the content based requirements are located in the clause at the Defense Contract Audit Agency on the situation, e.g., complexity and FAR 52.216–7(d)(2)(iv). The FAR (DCAA) has historically interpreted the size of the contractor. 42.705–1(b)(1)(iv) text is directed to the term ‘‘adequate’’ to mean identical to Comment: One respondent states that contracting officer, explaining the DCAA’s incurred cost model. the proposed changes at FAR 42.705– supplemental information that is

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required by contract clause, FAR clause the revised language ‘‘shall include the supporting data for guidance on what 52.216–7, Allowable Cost and Payment. following data, unless otherwise constitutes an adequate final indirect The language directed to the contracting specified by the cognizant Federal cost rate proposal. According to the officer and the contract clause serve agency official’’ allows flexibility, respondent, this proposed revision also different purposes; therefore, both are depending on the circumstances of the refers the definition of adequacy to the necessary. contract (e.g., size, complexity). revised clause at FAR 52.216–7(d)(2), Comment: One respondent Comments: Four respondents which makes mandatory specific recommends rescinding the proposed submitted four comments objecting to schedules and data requirements taken rule and revising the approach to the inclusion of one or more schedule almost verbatim from the DCAA ICE determining adequacy. The respondent items and stated that some of the Model. states that the approach taken to set information proposed to be required for Response: The information required forth a description of an adequate final an adequate submission is not necessary from the contractor for an adequate indirect cost rate proposal and for an adequate contractor rate indirect cost rate proposal is not new. supporting data fails to improve the submission. No specific format is prescribed for the process and unnecessarily creates Response: The information required submission. This information should be additional and very significant process in the schedules is the minimum readily available in the contractor’s and administrative problems. standard for an adequate indirect cost books, records, and systems. Response: The rule will provide rate proposal. For example, the Comment: One respondent states that uniformity and consistency. Further, the information in FAR 52.216–7(d)(2)(iii) the list of requirements proposed at FAR information is not new and should be item G, reconciliation of books of 52.216–7(d)(2) is contradictory to the readily available from the contractor’s account and claimed direct costs, is definition of supporting documentation books, records, and systems. necessary for an adequate submission for final indirect cost rate proposals in and different from the information the current FAR. According to FAR E. Data Requirements requested for item H, which is a 31.201–2(d), supporting documentation The final rule includes amendments schedule of direct costs by contract/ means records necessary to demonstrate to FAR 52.216–7(d)(2)(iv) in response to subcontract and indirect expenses the costs claimed in the proposal have the comments in this category. Many applied. The rule language does not been incurred, are allocable to the respondents submitted comments require the reconciliation to be contract, and comply with applicable regarding data requirements. presented in a single schedule. An cost principles. This makes clear the Comments: Three respondents updated schedule (as specified in FAR meaning of the current FAR 52.216– submitted comments objecting to the 52.216–7(d)(2)(v)) is necessary to ensure 7(d), ‘‘The contractor shall support its volume of data required for timely adjustments to amounts claimed proposal with adequate supporting determination of an adequate indirect and billed by a contractor for the period documentation.’’ cost rate proposal. covered by the final indirect cost rate Response: The cost principles are not Response: The revisions to FAR determination. intended to set forth the submission 42.705–1 and FAR 52.216–7 are Comment: One respondent states that requirements of an adequate indirect necessary to clarify the submission of an ‘‘a requirement for the adequacy of an cost rate proposal. adequate indirect cost rate proposal. indirect cost rate submission that final Comment: One respondent states he While the information required may be direct costs must be submitted for audit does not believe that the proposed rule considered lengthy, it is not new, and it is out of the scope of this clause’’ at FAR is in line with the FAR objective of is essential information necessary for an 52.216–7(g). achieving a timely settlement of final adequate claim for cost. Response: This rule does not amend indirect rates. The rule delineates Comments: Four respondents believe paragraph (g) of the clause at FAR extensive requirements and the proposed rule is overly prescriptive. 52.216–7, which has no bearing on the supplemental data related to the One respondent specifically suggests the adequacy of an indirect cost rate description of an adequate final indirect rule is a regulation to legitimize DCAA’s submission as required by FAR 52.216– cost rate proposal that are unnecessarily longstanding insistence that an adequate 7(d)(2)(iii). The Government has the burdensome and largely irrelevant to final indirect cost rate proposal be right to audit any invoice or voucher indirect cost rate proposals. Levying inclusive of several mandatory and statements of cost prior to final requirements for the creation of new schedules and supplemental payment pursuant to FAR 52.216–7. books and records as supporting information as represented by DCAA Comments: Two respondents documentation for costs is contradictory within its Model Incurred Cost Proposal submitted comments in regard to to existing provisions of FAR 52.215–2. rate as stipulated in DCAA Pamphlet formatting. One respondent states that The respondent is concerned that many No. 7641.90. This respondent further DCAA’s insistence that data be of the proposed data requirements takes the position that use of the DCAA converted into other formats (such as under the proposed rule have no model schedule information eliminates spreadsheets using DCAA’s ICE Model) connection to the indirect cost rates and any opportunity for further variation in is in direct contradiction of FAR may result in the unnecessary proposal content. 52.215–2(d)(2) that access to records disclosure of proprietary information, Response: The information required ‘‘may not be construed to require the e.g., schedules O and L. from the contractor for an adequate contractor or subcontractor to create or Response: The revisions to FAR indirect cost rate proposal is not new. maintain any record that the contractor 42.705–1 and FAR 52.216–7 are No specific format is prescribed for the or subcontractor does not maintain in necessary to clarify the submission of an submission. This information is readily the ordinary course of business or adequate indirect cost rate proposal. available in the contractor’s books, pursuant to a provision of law.’’ The The information required is necessary records, and systems. DCAA has been other respondent suggests that the for an adequate claim for cost. The the primary provider of information proposed revision at FAR 42.705–1(b)(1) supplemental information, if applicable, necessary for contracting officers to eliminates the suggestion in the current is what auditors expect to review in adequately perform their functions as rule that contractors can use the DCAA support of an adequate claim for cost. stewards of public trust. Furthermore, model incurred cost rate proposal and The proposed language ‘‘shall include

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the following data, unless otherwise timeliness, and reduce the number of the patent report may be cleared specified by the cognizant Federal proposals being returned as inadequate. whether an invention is disclosed or agency official’’ allows flexibility Comment: One respondent agrees not. depending on the circumstances of the with the language to require a Comment: Two respondents concur contract (e.g. size, complexity). The completion invoice to be submitted with the proposed procedures for information being requested should be within 120 days after all rates have been clearing final patent reports. readily available from the contractor’s settled for all years during a contract’s Response: Comment noted. accounting system. The information is period of performance and require H. Payment Withhold not new and the format of the inclusion of settled subcontract amounts information has not been designated for and rates at FAR 52.216–7(d)(5) may The final rule implements the changes the contractor. The Government treats assist in more timely completion of published in the proposed rule, without all audit information from contractors as indirect cost audits and facilitate further amendments in response to the confidential and protects it against all closeout. The respondent further agrees comments in this category. unauthorized disclosure. with the list set forth for an adequate Comment: One respondent states that Comment: One respondent states that indirect cost rate proposal. the rule, in regard to payment the list of data required by FAR 52.216– Response: No response required. withholds, should allow the contracting 7 (regardless of type of business, sector, Comment: One respondent states that officer to use their discretion regarding or accounting system) is inconsistent timely closeout of subcontracts issued whether to withhold payment so that and contradictory to FAR 42.705– under a Government prime contract the provision is applied only when 1(b)(1)(i), which states that the ‘‘required should be addressed and that necessary. Response: The institution of a content of the proposal and supporting contracting officers should be uniform policy is more appropriate data will vary depending on such empowered and encouraged to because the contracting officer will factors as business type, size, and unilaterally close out the prime know what is required, as a minimum, accounting system capabilities.’’ The contract, even if subcontracts have not for fee withholds for all contract types. final rule should afford contractors the been settled. This uniform policy will help to flexibility to provide only that Response: The prime contractor is facilitate contract closeout by information necessary to support an responsible for resolution of subcontract encouraging timely submission of final indirect cost rate proposal. costs and rates prior to submission of final vouchers. FAR 52.216–7(d)(6)(i) indirect cost rate proposals and final Response: The information required vouchers. from the contractor for an adequate allows the contracting officer to unilaterally close out a prime contract, Comment: One respondent states that indirect cost rate proposal is not new. the retainage of a maximum of $100,000 No specific format is prescribed for the when the contractor fails to submit a final voucher within 120 days. is a good start, but for large contractors submission. This information is readily it is not much of a disincentive for the available in the contractor’s books, G. Final Patent Report untimely submission of New records, and systems. DCAA has been The final rule implements the changes Technology/Patent Reports and the primary provider for information published in the proposed rule, without recommends the retainage be changed to necessary for contracting officers to further amendments in response to the 15 percent of the fee. This respondent adequately perform their functions as comments in this category. also states that changes in the proposed stewards of the public trust. Comment: One respondent states that rule may facilitate closeout; however, Comment: One respondent takes if clearance by the contracting officer is withholding of $100,000 in fee is exception to the statement in FAR not received within 60 days of receipt insufficient to influence the actions of 52.216–7(d)(2)(iv) that ‘‘The following of the final patent report, the contract larger contractors. supplemental information which will be can be closed (FAR 4.804–5(a)(2)). Another respondent does not believe required during the audit process Two respondents recommend that the withhold changes in FAR ***’’ and suggests it should be timelines be established (FAR 4.804–5). 52.216–8, 52.216–9, and 52.216–10 are restated ‘‘the following supplemental One respondent states that patent necessary; the changes should be information may be required * * *.’’ reports are seldom, if ever, cleared rescinded; and, the current clauses Response: The language has been within 60 days and recommends remain in their current form. revised to read ‘‘the following timelines be established for both the Response: The intent of this FAR case supplemental information is not contractor and legal community with is not to change the amount of the required to determine if a proposal is finite time constraints to respond. The withholdings. The intent is to make the adequate, but may be required during other respondent suggests establishing a fee withholds mandatory, not optional, the audit process.’’ time period for responding to the and to define an adequate indirect cost F. Indirect Cost Rate Proposal contracting officer’s notification. rate proposal. Response: The final rule provides for Comments: Two respondents object to The final rule implements the changes 60 days for the clearance of patent the allegedly arbitrary fee withholds published in the proposed rule, without reports and allows for flexibility on a that will negatively impact cash flow, further amendments in response to the case-by-case basis. Any further harm the industrial base, and increase comments in this category. clarification, if needed, should be the amount of cancelled funds. Also, the Comment: One respondent states that provided in agency guidance. other respondent states that the the indirect cost rate proposal mandates Comment: One respondent suggests prescribed withholding of fee will result at FAR 52.216–7 will result in an revising FAR 4.804–5(a)(2)(i) to read in contracting officers experiencing increase in proposal rejections, ‘‘Final Patent Reports, where no significant ongoing contract administrative costs and burden, and contractor invention is disclosed should administration issues with expiring will significantly delay contract be cleared within 60 days of receipt.’’ funds with no clear benefit. closeout. Response: The inclusion of the Response: The intent of this FAR case Response: The information will language ‘‘where no contractor invention is not to change the amount of the fee provide uniformity, consistency, is disclosed’’ is not necessary because withholdings. The intent is to make the

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fee withholds mandatory, not optional, 42.708(a)(2) to state that ‘‘Cost amounts of adequacy.’’ Also, according to the and to define an adequate indirect cost will be considered relatively respondent, time limitations should be rate proposal. The proposed rule does insignificant when the total unsettled established for completing audits. not change the current procedures in direct costs and indirect costs to be Another respondent states that the regard to expiring funds. allocated to any one contract, task order, Government needs to emphasize its role, Comment: One respondent objects to or delivery order, do not exceed the including timely finalization of indirect making the proposed fee withholds lesser of (i) $1,000,000; or (ii) 10 percent rates, which includes DCAA completing mandatory because there are existing of the total contract, task order, or audits of indirect costs proposals and FAR provisions that already provide for delivery order amount.’’ The Councils administrative contracting officer’s fee withholds so no change is necessary. believe the percentage and monetary settling rates, signing off on reports, The combined effect of adding an threshold should be lower because the doing plant clearances, etc. Another exhaustive, ill fitting list of lower percentage and dollar threshold respondent states that the rule does not requirements for an adequate indirect will provide increased oversight and define time requirements which all cost rate proposal with mandatory fee reduced risk to the government. The parties, not just contractors, must meet. withholds for inadequacy means that $1,000,000 threshold aligns with current Response: Timelines should not be inevitable differences in interpreting the inventories of physically-complete instituted for auditors to make a written new rule will punish contractors contracts that are amenable to use of determination of adequacy or for unfairly and unilaterally. It is contrary quick-closeout procedures. completion of audits, and for to FAR 42.705–1(b) and could result in Comments: Three respondents administrative contracting officers to increases in the amount of cancelled comment that the proposed revisions settle rates, sign off on reports, do plant funds. limiting the use of quick-closeout clearances, etc., in order to ensure Response: It is in the Government’s procedures are counter-productive and quality and allow flexibility, based on best interest to set a uniform policy to will decrease their use. One respondent the size and complexity of each establish mandatory fee withholds and recommends adopting the Defense contract. define an adequate indirect cost rate Contract Management Agency (DCMA) Comment: One respondent does not proposal. Class Deviation in FAR 42.703–1(b), believe that the proposed rule will 42.703–1(c)(2), and 42.708(a)(2) entitled achieve any predictable reduction of I. Quick-Closeout ‘‘use of quick-closeout procedures for time or resources associated with The final rule includes amendments cost-reimbursement, fixed-price contract closeout. to FAR 42.708(a), in response to incentive, fixed-price redeterminable, Response: This rule clarifies the comments in this category. and time-and-material contracts.’’ contract closeout process. Five respondents provided comments Another respondent recommends K. Regulatory Flexibility Act in this category. deletion of the phrase ‘‘other concerns of Comment: One respondent welcomes the cognizant auditor’’ at FAR Comments: One respondent questions the change at FAR 42.708(a) through (d) 42.708(a)(2)(i) in the risk assessment the statement within the Regulatory but requests clarification of direct costs verbiage. The respondent also Flexibility Act section of the preamble to be allocated to a cost contract as recommends that unsettled direct costs to the proposed rule that the rule is direct costs are normally assigned/ be defined. intended to ‘‘clarify and streamline’’ charged rather than allocated to Response: Previously, the FAR closeout procedures. The respondent contracts. limited the use of quick-closeout further suggests that adoption of the Response: The language is revised in procedures to instances where only DCAA Model Incurred Cost Proposal FAR 42.708(a)(2) to read ‘‘unsettled indirect cost rates remain unsettled. rate is not justified. Another respondent direct costs and indirect costs to be This final rule allows the contracting does not agree that the rule will not allocated to the contract.’’ officer to close contracts with unaudited have a significant impact on a Comment: One respondent states that direct costs and unsettled indirect cost substantial number of small entities. setting the limitation at FAR rates. The intent of the rule is to The respondent believes that the 42.708(a)(2)(i) to 20 percent is increase the use of quick-closeout numbers of schedules and the inconsistent with the historical intent of procedures for instances involving imposition of a six-month time the provision to settle only an relatively insignificant amounts of constraint will have significant impact ‘‘insignificant’’ portion of the costs in unaudited costs under certain on small businesses. The third advance of determination of final costs circumstances. DCMA’s deviation does respondent also strongly disagrees with and rates. The respondent recommends not allow the contracting officer to close the conclusion that the proposed rule a percentage of 10 or less. out contracts without audit of all direct will not have a significant economic Response: This rule changes the costs. The contracting officer’s risk impact on a substantial number of small criteria for use of quick-closeout assessment plan includes coordination entities. Requiring preparation and procedures from unsettled indirect rates with the cognizant auditor. There is no submittal of DCAA’s Model Indirect on the contract as a percentage of total need for a definition of ‘‘unsettled direct Cost Proposal rate and withholding fees, unsettled indirect costs, to both costs’’ because unsettled direct costs are the proposed rule will have a significant unsettled direct and indirect contract identified on a case-by-case basis. economic impact on a substantial costs as a percentage of total claimed number of small entities. The contract costs. The Councils believe this J. Timelines for the Government respondent encourages the Councils to change expands the number of The final rule implements the changes prepare and make available for public contracting actions, which will meet the published in the proposed rule, without comment an initial regulatory flexibility criteria for quick-closeout. The further amendments in response to the analysis. limitation has been lowered from the comments in this category. Response: Contractors are already proposed 20 percent to 10 percent of the Comment: One respondent states that required to support their indirect cost total unsettled direct and indirect costs the ‘‘provision at FAR 42.705–1(b)(ii) rate proposals with adequate supporting to be allocated to any one contract. The does not state a time limitation for the data. (See FAR 42.705–1(b).) No new coverage is also revised in FAR auditor to make a written determination requirement is imposed on contractors

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by this rule. The changes to FAR parts M. General 3. Revised FAR 42.708(a)(2) to lower 4 and 42 clarify and streamline closeout There are no revisions to the FAR the percentage limitation in the existing procedures. The model for an adequate based on this comment category. quick-closeout criteria. FAR indirect cost rate proposal is contained Comment: One respondent inquires as 42.708 (a)(2)(i) dollar limitation reverts in the DCAA Model Incurred Cost to why the FAR case and new clause are to $1,000,000, instead of $4,000,000 in Proposal rate. The data required in this limited to DoD, GSA, and NASA and the proposed rule. Renumbered FAR model is not new to contractors nor is that other civilian agencies would 42.708(a)(3) as FAR 42.708(a)(4) and there evidence of any effect on small benefit from the new streamlined added a new paragraph FAR businesses when this information is procedures as well. 42.708(a)(3). Provided examples of other required. In fact, because the Response: By law, 41 U.S.C. 1302 pertinent information at new paragraph information required is not new and the (formerly 41 U.S.C. 421(b)), DoD, GSA, FAR 42.708(a)(3)(iii). format of the information has not been and NASA are the signatories of the 4. Revised FAR 52.216–7(d)(2)(iii) to designated for the contractor, this FAR. GSA signs on behalf of all the further illustrate the data. should be helpful to small businesses. other civilian agencies that are subject 5. Revised FAR 52.216–7(d)(2)(iv) to The information being requested should to the FAR except NASA. The final rule clarify that the supplemental be readily available from the is applicable Government-wide to those information listed, although it may not contractor’s accounting system. The executive agencies under the Federal be required for a determination on the inclusion of this information list should Acquisition Regulations System. adequacy of the contractor’s proposal, improve consistency, efficiency, and Comment: One respondent may be required during the audit timeliness in contractor submissions. recommends that ‘‘contracting officers process. The clauses at FAR 52.216–8, 52.216–9, should be encouraged to unilaterally de- 6. Revised FAR 52.216–7(d)(2)(iii) and and 52.216–10 are being changed to obligate cancelling funds as an (d)(2)(iv) to clarify items provided for make the reserve mandatory. However, administrative action without fear of adequate final indirect cost rate the reserve amount set aside in the violating anti-deficiency or other proposal at FAR 52.216–7(d)(2)(i). proposed rule has not changed. No contracting protocols.’’ small businesses commented on the Another respondent recommends that III. Executive Orders 12866 and 13563 changes to the clauses at FAR 52.216– a timeframe should be targeted for the 8, 52.216–9, and 52.216–10 as published replacement of cancelled funds. Executive Orders (E.O.s) 12866 and in the proposed rule. Therefore, the Response: These comments on 13563 direct agencies to assess all costs Councils conclude that this change will funding are outside the scope of this and benefits of available regulatory not have a significant impact on small case. alternatives and, if regulation is businesses. Comments: Two respondents question necessary, to select regulatory approaches that maximize net benefits L. Paperwork Reduction Act the application of this rule to the FAR guiding principles in FAR 1.102. (including potential economic, Comments: Several respondents Response: This guidance helps to environmental, public health and safety disagree with the preamble to the clarify the requirements of an adequate effects, distributive impacts, and proposed rule, which stated that the submission of an indirect cost rate equity). E.O. 13563 emphasizes the proposed changes to the FAR would not proposal. The guidance for the proper importance of quantifying both costs impose additional information submission of an adequate indirect cost and benefits, of reducing costs, of collection requirements to the rate proposal is provided to contractors harmonizing rules, and of promoting paperwork burden previously approved in the clause at FAR 52.216–7. The flexibility. This is a significant by the Office of Management and inclusion of this list of information regulatory action and, therefore, was Budget (OMB). According to one should help to provide consistency, subject to review under section 6(b) of respondent, mandating preparation and efficiency, and more timely submission. E.O. 12866, Regulatory Planning and submittal of DCAA’s model indirect cost Review, dated September 30, 1993. This rate proposal for every contract that N. Summary of Changes rule is not a major rule under 5 U.S.C. requires an indirect cost rate proposal The Councils made the following 804. will significantly increase the changes to the FAR as a result of the IV. Regulatory Flexibility Act paperwork burdens. public comments: Response: No new requirement is 1. Revised FAR 42.705–1(b)(1) to be The Department of Defense, the imposed on contractors by this consistent with language at FAR General Services Administration, and proposed rule. The schedules now 52.216–7(d)(2). the National Aeronautics and Space contained in FAR 52.216–7(d) require 2. Revised FAR 42.705–1(b) and Administration certify that this final the same information previously cited 42.705–2(b)(2) to clarify the role of the rule will not have a significant in FAR 42.705–1(b). FAR 42.705–1(b) auditor. economic impact on a substantial requires contractors to submit an • The term ‘‘determination’’ was number of small entities within the adequate final indirect cost rate removed from proposed 42.705– meaning of the Regulatory Flexibility proposal to the contracting officer and 1(b)(1)(ii); Act, 5 U.S.C. 601, et seq., because the auditor within the 6-month period • FAR 42.705–1(b)(1)(iii), 42.705– rule does not impose any additional following the expiration of each of its 1(b)(2), and 42.705–2(b) clarify that the requirements on small businesses. The fiscal years. This requirement is auditor— changes to FAR parts 4 and 42 clarify contained in OMB Clearance 9000– Æ Reviews the proposal for adequacy and streamline closeout procedures. The 0013. The clause at FAR 52.216–7, and provides the findings of inadequacy changes to the clauses at FAR 52.216– Allowable Cost and Payment, is covered to the contractor and contracting officer; 8, 52.216–9, and 52.216–10 allow for a by OMB Clearance 9000–0069. The and reserve to be set-aside to protect the clause at FAR 52.216–10, Incentive Fee, Æ Prepares an advisory audit report, Government’s interest. Contracting is covered by OMB Clearance 9000– after the proposal has been determined Officers already may set aside a reserve 0067. to be adequate for audit. under current FAR procedures.

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V. Paperwork Reduction Act PART 42—CONTRACT agreements or restrictive terms of ADMINISTRATION AND AUDIT specific contracts. The Paperwork Reduction Act (44 SERVICES * * * * * U.S.C. chapter 35) does apply; however ■ 4. Amend section 42.705–2 by— these changes to the FAR do not impose ■ 3. Amend section 42.705–1 by ■ a. Revising the introductory text of additional information collection revising paragraphs (b)(1) and (b)(2) to requirements to the paperwork burden paragraph (b)(2) and (b)(2)(i); and read as follows: ■ previously approved under the b. Redesignating paragraphs (b)(2)(ii) following: 42.705–1 Contracting officer determination through (iv) as paragraphs (b)(2)(iii) procedure. through (v), respectively; and adding a • OMB Control Number 9000–0013, * * * * * new paragraph (b)(2)(ii) to read as titled: Cost or Pricing Data (b) Procedures. (1) In accordance with follows: Requirements Information Other Than the Allowable Cost and Payment clause Cost or Pricing Data; 42.705–2 Auditor determination at 52.216–7, the contractor is required to procedure. • OMB Control Number 9000–0067, submit an adequate final indirect cost titled: Incentive Contract; and rate proposal to the contracting officer * * * * * • (or cognizant Federal agency official) (b) * * * OMB Control Number 9000–0069, (2) Once a proposal has been titled: Indirect Cost Rates. and to the cognizant auditor. (i) The required content of the determined to be adequate for audit in List of Subjects in 48 CFR Parts 4, 42, proposal and supporting data will vary support of negotiating final indirect cost and 52 depending on such factors as business rates, the auditor shall— type, size, and accounting system (i) Audit the proposal and prepare an Government procurement. capabilities. The contractor, contracting advisory audit report, including a listing Dated: May 18, 2011. officer, and auditor must work together of any relevant advance agreements or Millisa Gary, to make the proposal, audit, and restrictive terms of specific contracts; (ii) Seek agreement on indirect costs Acting Director, Office of Governmentwide negotiation process as efficient as Acquisition Policy. possible. with the contractor; (ii) Each contractor is required to * * * * * Therefore, DoD, GSA, and NASA submit the final indirect cost rate ■ 5. Amend section 42.708 by revising amend 48 CFR parts 4, 42, and 52 as set proposal within the six-month period paragraph (a) to read as follows: forth below: following the expiration of each of its 42.708 Quick-closeout procedure. ■ 1. The authority citation for 48 CFR fiscal years. The contracting officer may (a) The contracting officer responsible parts 4, 42, and 52 continues to read as grant, in writing, reasonable extensions, for contract closeout shall negotiate the follows: for exceptional circumstances only, when requested in writing by the settlement of direct and indirect costs Authority: 40 U.S.C. 121(c); 10 U.S.C. contractor. for a specific contract, task order, or chapter 137; and 42 U.S.C. 2473(c). (iii) Upon receipt of the proposal— delivery order to be closed, in advance (A) The cognizant auditor will review of the determination of final direct costs PART 4—ADMINISTRATIVE MATTERS the adequacy of the contractor’s and indirect rates set forth in 42.705, proposal for audit in support of if— ■ 2. Amend section 4.804–5 by revising negotiating final indirect cost rates and (1) The contract, task order, or paragraph (a)(2) to read as follows. will provide a written description of any delivery order is physically complete; 4.804–5 Procedures for closing out inadequacies to the contractor and (2) The amount of unsettled direct contract files. contracting officer. costs and indirect costs to be allocated (B) If the auditor and contractor are to the contract, task order, or delivery (a) * * * unable to resolve the proposal’s order is relatively insignificant. Cost (2) Final patent report is cleared. If a inadequacies identified by the auditor, amounts will be considered relatively final patent report is required, the the auditor will elevate the issue to the insignificant when the total unsettled contracting officer may proceed with contracting office to resolve the direct costs and indirect costs to be contract closeout in accordance with the inadequacies. allocated to any one contract, task order, following procedures, or as otherwise (iv) The proposal must be supported or delivery order does not exceed the prescribed by agency procedures: with adequate supporting data, some of lesser of— (i) $1,000,000; or (i) Final patent reports should be which may be required subsequent to (ii) 10 percent of the total contract, cleared within 60 days of receipt. finding that the proposal is adequate for audit in support of negotiating final task order, or delivery order amount; (ii) If the final patent report is not indirect cost rates (e.g., during the (3) The contracting officer performs a received, the contracting officer shall course of the performance of the risk assessment and determines that the notify the contractor of the contractor’s advisory audit). See the clause at use of the quick-closeout procedure is obligations and the Government’s rights 52.216–7(d)(2) for the description of an appropriate. The risk assessment shall under the applicable patent rights adequate final indirect cost rate include— clause, in accordance with 27.303. If the proposal and supporting data. (i) Consideration of the contractor’s contractor fails to respond to this (2) Once a proposal has been accounting, estimating, and purchasing notification, the contracting officer may determined to be adequate for audit in systems; proceed with contract closeout upon support of negotiating final indirect cost (ii) Other concerns of the cognizant consultation with the agency legal rates, the auditor will audit the proposal contract auditors; and counsel responsible for patent matters and prepare an advisory audit report to (iii) Any other pertinent information, regarding the contractor’s failure to the contracting officer (or cognizant such as, documented history of Federal respond. Federal agency official), including a Government approved indirect cost rate * * * * * listing of any relevant advance agreements, changes to contractor’s rate

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structure, volatility of rate fluctuations (K) Summary of each time-and-materials advance approval requirements, pre-contract during affected periods, mergers or and labor-hour contract information, cost allowability limitations, and billing acquisitions, special contract provisions including labor categories, labor rates, hours, limitations. limiting contractor’s recovery of and amounts; direct materials; other direct (v) The Contractor shall update the billings costs; and, indirect expense applied at on all contracts to reflect the final settled otherwise allowable indirect costs under claimed rates. rates and update the schedule of cumulative cost reimbursement or time-and- (L) Reconciliation of total payroll per IRS direct and indirect costs claimed and billed, materials contracts; and form 941 to total labor costs distribution. as required in paragraph (d)(2)(iii)(I) of this (4) Agreement can be reached on a (M) Listing of decisions/agreements/ section, within 60 days after settlement of reasonable estimate of allocable dollars. approvals and description of accounting/ final indirect cost rates. * * * * * organizational changes. * * * * * (N) Certificate of final indirect costs (see (5) * * * The completion invoice or PART 52—SOLICITATION PROVISIONS 52.242–4, Certification of Final Indirect voucher shall include settled subcontract AND CONTRACT CLAUSES Costs). amounts and rates. The prime contractor is (O) Contract closing information for responsible for settling subcontractor contracts physically completed in this fiscal ■ amounts and rates included in the 6. Amend section 52.216–7 by— year (include contract number, period of ■ completion invoice or voucher and providing a. Revising the date of the clause; performance, contract ceiling amounts, ■ status of subcontractor audits to the b. Adding paragraphs (d)(2)(iii) contract fee computations, level of effort, and contracting officer upon request. through (d)(2)(v); and indicate if the contract is ready to close). ■ c. Adding two sentences to the end of (iv) The following supplemental * * * * * paragraph (d)(5) to read as follows: information is not required to determine if a ■ proposal is adequate, but may be required 7. Amend section 52.216–8 by 52.216–7 Allowable Cost and Payment. during the audit process: revising the date of the clause and * * * * * (A) Comparative analysis of indirect paragraph (b) to read as follows: expense pools detailed by account to prior 52.216–8 Fixed Fee. Allowable Cost and Payment (JUN 2011) fiscal year and budgetary data. * * * * * (B) General Organizational information and * * * * * (d) * * * Executive compensation for the five most Fixed Fee (JUN 2011) (2) * * * highly compensated executives. See 31.205– (iii) An adequate indirect cost rate proposal 6(p). Additional salary reference information * * * * * shall include the following data unless is available at http://www.whitehouse.gov/ (b) Payment of the fixed fee shall be made otherwise specified by the cognizant Federal omb/procurement_index_exec_comp/. as specified in the Schedule; provided that agency official: (C) Identification of prime contracts under the Contracting Officer withholds a reserve (A) Summary of all claimed indirect which the contractor performs as a not to exceed 15 percent of the total fixed fee expense rates, including pool, base, and subcontractor. or $100,000, whichever is less, to protect the calculated indirect rate. (D) Description of accounting system Government’s interest. The Contracting (B) General and Administrative expenses (excludes contractors required to submit a Officer shall release 75 percent of all fee (final indirect cost pool). Schedule of claimed CAS Disclosure Statement or contractors withholds under this contract after receipt of expenses by element of cost as identified in where the description of the accounting an adequate certified final indirect cost rate accounting records (Chart of Accounts). system has not changed from the previous proposal covering the year of physical (C) Overhead expenses (final indirect cost year’s submission). completion of this contract, provided the pool). Schedule of claimed expenses by (E) Procedures for identifying and Contractor has satisfied all other contract element of cost as identified in accounting excluding unallowable costs from the costs terms and conditions, including the records (Chart of Accounts) for each final claimed and billed (excludes contractors submission of the final patent and royalty indirect cost pool. where the procedures have not changed from reports, and is not delinquent in submitting (D) Occupancy expenses (intermediate the previous year’s submission). final vouchers on prior years’ settlements. indirect cost pool). Schedule of claimed (F) Certified financial statements and other The Contracting Officer may release up to 90 expenses by element of cost as identified in financial data (e.g., trial balance, percent of the fee withholds under this accounting records (Chart of Accounts) and compilation, review, etc.). contract based on the Contractor’s past expense reallocation to final indirect cost (G) Management letter from outside CPAs performance related to the submission and pools. concerning any internal control weaknesses. settlement of final indirect cost rate (E) Claimed allocation bases, by element of (H) Actions that have been and/or will be proposals. cost, used to distribute indirect costs. implemented to correct the weaknesses * * * * * (F) Facilities capital cost of money factors described in the management letter from computation. subparagraph (G) of this section. ■ 8. Amend section 52.216–9 by (G) Reconciliation of books of account (i.e., (I) List of all internal audit reports issued revising the date of the clause and General Ledger) and claimed direct costs by since the last disclosure of internal audit paragraph (c) to read as follows: major cost element. reports to the Government. (H) Schedule of direct costs by contract (J) Annual internal audit plan of scheduled 52.216–9 Fixed Fee—Construction. and subcontract and indirect expense applied audits to be performed in the fiscal year * * * * * at claimed rates, as well as a subsidiary when the final indirect cost rate submission schedule of Government participation is made. Fixed Fee—Construction (JUN 2011) percentages in each of the allocation base (K) Federal and State income tax returns. * * * * * amounts. (L) Securities and Exchange Commission (c) The Contracting Officer shall withhold (I) Schedule of cumulative direct and 10–K annual report. a reserve not to exceed 15 percent of the total indirect costs claimed and billed by contract (M) Minutes from board of directors fixed fee or $100,000, whichever is less, to and subcontract. meetings. protect the Government’s interest. The (J) Subcontract information. Listing of (N) Listing of delay claims and termination Contracting Officer shall release 75 percent of subcontracts awarded to companies for claims submitted which contain costs all fee withholds under this contract after which the contractor is the prime or upper- relating to the subject fiscal year. receipt of an adequate certified final indirect tier contractor (include prime and (O) Contract briefings, which generally cost rate proposal covering the year of subcontract numbers; subcontract value and include a synopsis of all pertinent contract physical completion of this contract, award type; amount claimed during the fiscal provisions, such as: Contract type, contract provided the Contractor has satisfied all year; and the subcontractor name, address, amount, product or service(s) to be provided, other contract terms and conditions, and point of contact information). contract performance period, rate ceilings, including the submission of the final patent

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and royalty reports, and is not delinquent in DEPARTMENT OF DEFENSE appropriated funds for FY 2010. Eight submitting final vouchers on prior years’ respondents submitted comments on the settlements. The Contracting Officer may GENERAL SERVICES interim rule. release up to 90 percent of the fee withholds ADMINISTRATION under this contract based on the Contractor’s II. Discussion and Analysis of the past performance related to the submission NATIONAL AERONAUTICS AND Public Comments and settlement of final indirect cost rate SPACE ADMINISTRATION The Civilian Agency Acquisition proposals. Council and the Defense Acquisition * * * * * 48 CFR Parts 4, 9, and 52 Regulations Council (the Councils) reviewed the public comments in the [FAC 2005–52; FAR Case 2008–009; Item development of the final rule. A ■ 9. Amend section 52.216–10 by III; Docket 2009–0020, Sequence 1] revising the date of the clause and discussion of the comments and the paragraph (c) to read as follows: RIN 9000–AL28 changes made to the rule as a result of those comments are provided as 52.216–10 Incentive Fee. Federal Acquisition Regulation; follows: Prohibition on Contracting With * * * * * Inverted Domestic Corporations A. Applicability to Fiscal Years (FY) Incentive Fee (JUN 2011) 2006 and 2007 Funds AGENCY: Department of Defense (DoD), Comment: Three respondents * * * * * General Services Administration (GSA), (c) Withholding of payment. (1) Normally, commented that the interim rule and National Aeronautics and Space inaccurately applies the ban on the Government shall pay the fee to the Administration (NASA). Contractor as specified in the Schedule. contracting with inverted domestic ACTION: Final rule. However, when the Contracting Officer corporations to funds appropriated in considers that performance or cost indicates SUMMARY: DoD, GSA, and NASA have FY 2006 and FY 2007 on a that the Contractor will not achieve target, adopted as final, with changes, the Governmentwide basis. Section 743 of the Government shall pay on the basis of an interim rule amending the Federal Division D of the Omnibus appropriate lesser fee. When the Contractor Acquisition Regulation (FAR) to Appropriations Act, 2009, and section demonstrates that performance or cost clearly implement section 743 of Division D of 745 of the Consolidated Appropriations indicates that the Contractor will earn a fee the Omnibus Appropriations Act, 2009. Act, 2008, prohibit all Federal agencies significantly above the target fee, the Section 743 of Division D of this Act from using appropriated funds on Government may, at the sole discretion of the prohibits the award of contracts using contracts with any foreign incorporated Contracting Officer, pay on the basis of an appropriated funds to any foreign entity that is treated as an inverted appropriate higher fee. incorporated entity that is treated as an domestic corporation or the subsidiary (2) Payment of the incentive fee shall be inverted domestic corporation or to any of such a corporation. In FY 2006 and made as specified in the Schedule; provided subsidiary of one. For Fiscal Year (FY) FY 2007, the statutory prohibition was that the Contracting Officer withholds a 2010, the same restrictions were limited to agencies funded under the reserve not to exceed 15 percent of the total continued under section 740 of Division Treasury, Transportation and Housing incentive fee or $100,000, whichever is less, C of the Consolidated Appropriations Appropriation (Pub. L. 109–115, Pub. L. to protect the Government’s interest. The Act, 2010. 109–289, Pub. L. 109–369, Pub. L. 109– Contracting Officer shall release 75 percent of 383, and Pub. L. 110–5). all fee withholds under this contract after DATES: Effective Date: May 31, 2011. Response: The Councils agree with receipt of an adequate certified final indirect FOR FURTHER INFORMATION CONTACT: Ms. the respondents that the prohibition in cost rate proposal covering the year of Cecelia L. Davis, Procurement Analyst, the FY 2006 and FY 2007 physical completion of this contract, at (202) 219–0202, for clarification of appropriations bills only covers a provided the Contractor has satisfied all content. Please cite FAC 2005–52, FAR limited number of agencies, whereas the other contract terms and conditions, Case 2008–009. For information FY 2008 and FY 2009 prohibition including the submission of the final patent pertaining to status or publication applies Governmentwide. The Councils and royalty reports, and is not delinquent in schedules, contact the FAR Secretariat therefore have revised FAR 9.108–3 to submitting final vouchers on prior years’ at (202) 501–4755. apply the prohibition to the use of FY settlements. The Contracting Officer may SUPPLEMENTARY INFORMATION: 2008 and FY 2009 appropriated funds. release up to 90 percent of the fee withholds I. Background The Councils recommend that each under this contract based on the Contractor’s covered agency continue with its past performance related to the submission DoD, GSA, and NASA published an implementation of the FY 2006 and FY and settlement of final indirect cost rate interim rule in the Federal Register at 2007 prohibitions because the required proposals. 74 FR 31561 on July 1, 2009, to implementation has probably already * * * * * implement section 743 of the Division D occurred within the covered agencies. [FR Doc. 2011–12852 Filed 5–27–11; 8:45 am] of the Omnibus Appropriations Act, B. Applicability to Task Orders BILLING CODE 6820–EP–P 2009 (Pub. L. 111–8). Section 743 of Division D of this Act prohibited the use Comment: One respondent of Federal appropriated funds for FY commented that the interim rule fails to 2009 to contract with any inverted reflect a statutory exception for funds domestic corporation, as defined at expended on task orders issued under section 835(b) of the Homeland Security contracts entered into before December Act of 2002 (Pub. L. 107–296, 6 U.S.C. 26, 2007. Section 743(c) of Division D of 395(b)), or any subsidiary of such an the Omnibus Appropriations Act, 2009, entity. On December 16, 2009, section and section 745(c) of Division D of 740 of Division C of the Consolidated Public Law 110–161 (the Consolidated Appropriations Act, 2010 (Pub. L. 111– Appropriations Act, 2008) each provide 117), also prohibited the use of Federal that ‘‘This section shall not apply to any

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Federal Government contract entered was made to a wholly-owned subsidiary 7874 states that expanded affiliated into before the date of the enactment of of a foreign entity. groups (a corporation or chain of this Act, or to any task order issued Alternatively, as the less preferred corporations which are connected to a pursuant to such contract.’’ option, the respondent made a case for parent corporation through stock Response: The Councils agree with defining subsidiary in accordance with ownership) of foreign surrogates need the respondent. The Councils have the tax code. The respondent cites both only own 50 percent of the stock of the revised FAR 9.108–2 to specify the 6 U.S.C. 395 and 26 U.S.C. 7874, company instead of the normal 80 exclusion of contracts entered into because they both require 80 percent percent. before December 26, 2007, (for FY 2008 ownership of stock in the foreign entity The mention of stock ownership as funds); March 11, 2009, (for FY 2009 by former shareholders of the domestic the measuring criteria was replaced in funds); and December 16, 2009, (for FY corporation in order for the foreign favor of a broader term of overall 2010 funds); and task orders issued entity to be designated as an inverted ownership in order to cover private under such contracts. domestic corporation. companies. Response: The Councils concur that C. Definitions In making the case for the 80 percent the rule should provide a definition of ownership interpretation, the ‘‘ ’’ 1. Inverted Domestic Corporation the term subsidiary. In general terms, respondent cited both 6 U.S.C. 395 and a subsidiary is an entity that is 26 U.S.C. 7874. Both sections of the Comment: Three respondents opined controlled by a separate entity, called United States Code are meant to provide that the incorporation of the Internal the parent company. The most common the thresholds for determining whether Revenue Code (IRC) definition of way (but not the only way) that control a corporation is an inverted domestic ‘‘inverted domestic corporation’’ of a subsidiary is achieved is through corporation and not whether a broadened the definition of the term ownership of shares (or other form of corporation is a subsidiary. The beyond the intent of Congress as the ownership if not a corporation) in the Councils did not agree that it is correct definitions are not the same. They stated subsidiary by the parent. Subsidiaries to use the threshold for determining an rulemaking on inverted domestic are separate distinct legal entities for the inverted domestic corporation as the corporations should be based on the purposes of taxation and regulation. definition in the Homeland Security Act The Councils do not agree with the threshold for determining a subsidiary of 2002 rather than the IRC as Congress respondent’s request to have as they are two separate and different did not incorporate the IRC definition ‘‘subsidiary’’ defined as ‘‘wholly-owned determinations. The IRC (26 U.S.C. into any contracting ban. subsidiary.’’ This position is not 1563) does describe parent-subsidiary Response: The Homeland Security supported in any of the research or relationships using the 80 percent Act of 2002 and IRC definitions are not current IRC. The respondent provided threshold, but only for filing identical. To simplify and avoid no citation to substantiate their request consolidated returns. complicating the application of the of defining subsidiary to mean wholly- D. Trade Agreements inverted domestic corporation owned subsidiary. Further, the words prohibition, the Councils have— ‘‘wholly-owned,’’ which denote a Comment: One respondent argued • Deleted FAR 9.108–2, Relationship specific type of subsidiary, are not used that the application of section 743 of with the Internal Revenue Code and in either of the two cited statutes. The Division D to products, services, or Treasury regulations; fact that a particular instance involving suppliers of a party to the World Trade • Added to the definition of ‘‘inverted a wholly-owned subsidiary occurred, Organization Government Procurement domestic corporation;’’ does not mean that Congress intended to Agreement (WTO GPA) or a party to a • Changed the content of FAR limit application to wholly-owned U.S. free trade agreement would be 52.209–2(b), Relation to Internal subsidiaries. inconsistent with the non- Revenue Code; and The Councils have defined discrimination obligations in those • Changed FAR 52.212–3(n)(1), ‘‘Subsidiary,’’ as used in this rule, to agreements. This respondent proposed Relation to Internal Revenue Code. mean an entity (or corporation) in that the final rule should be changed so Thus, the inverted domestic which more than 50 percent is owned— that it does not apply to inverted corporation prohibition will be (1) Directly by a parent company; or domestic corporations or U.S. implemented with the Homeland (2) Through another subsidiary of a subsidiaries of inverted domestic Security Act of 2002 definition stating parent company. corporations that have relocated from explicitly that it is not the same as the The definition revolves around the the United States to countries that are IRC definition. idea of management control and the parties to the WTO GPA or U.S. free financial interests of the parent trade agreements. 2. Subsidiary company. Any single entity that Response: The Councils have Comment: One respondent stated that controls greater than 50 percent of the considered the respondent’s arguments failure to define the term ‘‘subsidiary’’ stock (or assets of a non-public regarding the compatibility of section will result in inconsistent application of company) would essentially be able to 743 with U.S. trade agreement the FAR rule. The respondent control and benefit from the operations obligations. The Councils do not contended that this will cause problems of the second entity. This option consider that the application of section for potential Government contractors as interprets the legislation’s intent as 743 to products, services, or suppliers of well as contracting officers. wanting to prevent inverted domestic a party to the WTO GPA or a party to The respondent first proposed that the corporations from receiving the revenue a U.S. free trade agreement, or to the legislative history suggests that Congress benefit from Federal contracts. With a U.S. subsidiaries of such suppliers, intended the prohibition to apply to greater than 50 percent ownership would be inconsistent with the non- ‘‘wholly-owned subsidiaries.’’ The within a subsidiary, the inverted discrimination obligations in those respondent stated that the impetus for domestic corporation would receive the agreements. Furthermore, section 743 expanding the prohibition to cover majority of the benefit. This does not provide for drawing subsidiaries was to ‘‘plug a loophole’’ interpretation has grounding in the distinctions of the kind the respondent that became apparent when an award current IRC. Section (c)(1) of 26 U.S.C. has proposed. Therefore, the Councils

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do not believe it is appropriate to make circumstances known to them that direction to contracting officers with this revision. would lead a reasonable business regard to the representation offerors person to question the contractor self- make regarding small business status. E. Scope of the Representation certification, and after consultation with The Councils note that the basis for Comment: One respondent requested legal counsel, take appropriate action mention of criminal penalties in the that the FAR Councils clarify the where questionable self-certification Federal Register preamble was because certification requirement set forth in cannot be verified.’’ knowing and willful violation of the FAR 52.209–2. Specifically, the Further, the Federal Register Anti-Deficiency Act (31 U.S.C. 1341) is comment requested that we clarify the preamble to the interim rule states that a criminal offense (31 U.S.C. 1350) following points: ‘‘the appropriation restriction applies to subject to criminal penalties. The (1) Whether a business that was accountable Government officers, and if Federal Register did not state that there previously an inverted domestic willfully and knowingly violated, may would be criminal penalties for failure corporation, but no longer one at the result in criminal penalties.’’ to ‘‘adequately review’’ the offeror’s time of initial offer, would be eligible Comments: Two respondents representation but only cited potential for contract award; and commented on the procedures for the criminal penalties if the appropriations (2) Whether an awardee can become contracting officer to determine the act restriction is ‘‘knowingly and an inverted domestic corporation during validity of an offeror’s representation willfully violated.’’ performance of the contract. regarding status as an inverted domestic G. Flowdown The respondent stated that the corporation. These respondents have Councils should not limit an awardees’ several concerns—that these procedures Comments: Two respondents ability to become an inverted domestic place undue burdens on contracting commented on the question of whether corporation during performance of the officers, that different contracting the prohibition against contracting with contract because it would be an overly officers will reach inconsistent an inverted domestic corporation broad interpretation and would unfairly conclusions about a single offeror, and should be flowed down to punish the shareholders. that the Federal Register preamble cites subcontractors. The interim rule did not Response: The Councils agree that the potential criminal penalties. require flowdown and requested representation (it is not a certification, One respondent stated that the comments on the issue. One respondent but a representation) requires additional procedure is inefficient because it commented that silence puts a prime clarification. In addition, the Councils places the burden of determination on contractor at risk of cost disallowances agree that a former inverted domestic many contracting officers. The if a subcontractor is subsequently found corporation could be eligible for award respondent stated that contracting to be an inverted domestic corporation, of a contract if it is no longer an officers are not in the best position to i.e., the Government might disallow inverted domestic corporation at the make the determination. Both subcontractors’ expenditures of time of initial offer. However, the statute respondents were concerned that many restricted fiscal years’ monies. prohibits the expenditure of funds to an On the other hand, a second different contracting officers may reach awardee that becomes an inverted respondent made a strong case that multiple conclusions regarding a single domestic corporation during contract Congress would have specifically asked contractor. performance. One respondent commented that it is for flowdown in the statute if it wanted Specifically, the public laws at issue an ‘‘unusual step to identify potential the requirement to apply to in this rule state that ‘‘None of the funds criminal penalties for contracting subcontractors. The absence of any appropriated * * * may be used for any officers to adequately review mention of subcontractors in the statute, Federal Government contract with contractor’s certifications.’’ The other according to the respondent, means that * * * an inverted domestic corporation respondent stated that there is no basis Congress did not want the prohibition to ***’’ see Public Law 111–117, section for the threat of criminal penalties in the apply to subcontractors. 740. This would mean that a company Response: Given the plain wording of appropriations restrictions. could not be an inverted domestic the statute and the comments received Response: The Councils concur with corporation at the time of initial offer, on this subject, the Councils have the comments on the first issue. The contract award, or any time after. If a determined that it is not appropriate to Councils have revised FAR 9.108–3(b) corporation receives a contract and include a flow down requirement in this as follows: during contract performance becomes rule. an inverted domestic corporation, then ‘‘The contracting officer may rely on an H. Interim v. Proposed Rule payment using restricted funds may offeror’s representation that it is not an constitute a violation of the Anti- inverted domestic corporation unless the Comments: Four respondents contracting officer has reason to question the commented on the decision to issue an Deficiency Act. Consequently, the representation.’’ Councils have added a clause at FAR interim rule, which is effective 52.209–10, Prohibition on Contracting This is a lesser standard than immediately, instead of a proposed rule, with Inverted Domestic Corporations, to ‘‘rigorously examine,’’ but the which does not have an immediate inform a contractor of the potential contracting officer should not ignore impact. The respondents generally posit consequences if the contractor becomes information that provides a valid reason that the mere fact that there is currently an inverted domestic corporation or a to question (including the challenge of a prohibition in statute prohibiting subsidiary thereof at any time during an interested party). The provisions of contracting with inverted domestic the period of performance of the the Anti-Deficiency Act would not corporations does not justify a claim of contract. allow contracting officers to rely solely ‘‘urgent and compelling circumstances.’’ on a representation in the face of A respondent stated that the fact that F. Procedures for Determining Status as contradictory evidence. The the prohibitions had existed in an Inverted Domestic Corporation representation is to prevent violating appropriations laws for several years Background: FAR 9.108–3(b) of the restrictions on expenditure of funds before the interim rule was issued did interim rule stated that contracting which would trigger the Anti-Deficiency not justify the claimed urgency. This officers ‘‘should rigorously examine Act. This approach is similar to the respondent cited Atchison, Topeka &

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Santa Fe Ry. Co. v. Wichita Bd. Of Councils have responded with reincorporated in a foreign country; the Trade, 412 U.S. 800, 808 (1973), in regulations that are permanent. The major players in these transactions are which the Supreme Court stated that respondents believed that this reportedly the very large multinational any grounds for departure from prior ‘‘permanent’’ FAR language is not a corporations. No comments were norms ‘‘must be clearly set forth so that proper reaction to statutes restricting received relating to impact on small the reviewing court may understand the use of appropriations in a given fiscal business concerns. basis of the agency’s action and so may year, particularly because inevitable judge the consistency of that action with variations in future years’ V. Paperwork Reduction Act the agency’s mandate.’’ This respondent appropriations limitations on The final rule does not contain any claimed that the Councils did not make contracting with inverted domestic information collection requirements that a reasonable explanation for why they corporations are likely to make require the approval of the Office of did not initiate a rulemaking for regulatory changes still more Management and Budget under the identical or substantially similar complicated. Paperwork Reduction Act (44 U.S.C. statutory restrictions dating back several Response: The Councils do not agree chapter 35). years. that this is in fact permanent coverage, The respondent quotes from the because the prohibition is tied to the List of Subjects in 48 CFR Parts 4, 9, Office of Federal Procurement Policy expenditure of specific year funds and and 52 Act section 418b(a) that ‘‘no is self-deleting over time. There is no Government procurement. procurement policy, regulation, other readily accessible means for this Dated: May 18, 2011. procedure, or form * * * may take information to get to the contracting Millisa Gary, effect until 60 days after (it) is published officers who must implement the for comment in the Federal Register’’ Acting Director, Office of Governmentwide contracting restriction. Acquisition Policy. and then states that the 60-day notice may only be waived ‘‘if urgent and J. Editorial Comments Accordingly, the interim rule compelling circumstances make Two respondents made several amending 48 CFR parts 4, 9, and 52, compliance with such requirements editorial comments, which have been which was published in the Federal impracticable.’’ incorporated as appropriate in the final Register at 74 FR 31561 on July 1, 2009, Another respondent suggested that an rule. is adopted as final with the following interim rule was improper because it changes: III. Executive Orders 12866 and 13563 risked harming shareholders who had ■ 1. The authority citation for 48 CFR no role in deciding to shift a company Executive Orders (E.O.s) 12866 and parts 4, 42, and 52 continues to read as offshore and also risked contracting 13563 direct agencies to assess all costs follows: officers reaching disparate conclusions. and benefits of available regulatory For these reasons, and the reasons alternatives and, if regulation is Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). discussed above, the respondents necessary, to select regulatory requested suspension of the interim approaches that maximize net benefits PART 4—ADMINISTRATIVE MATTERS rule. (including potential economic, Response: The restrictions against environmental, public health and safety ■ 2. Amend section 4.1202 by removing contracting with inverted domestic effects, distributive impacts, and paragraph (f); redesignating paragraph corporations in Fiscal Years 2006 and equity). E.O. 13563 emphasizes the (e) as paragraph (f), and adding a new 2007 were not applicable to all importance of quantifying both costs paragraph (e) to read as follows: Government agencies. The FAR and benefits, of reducing costs, of coverage was not required for the non- harmonizing rules, and of promoting 4.1202 Solicitation provision and contract Governmentwide prohibition in those flexibility. This is a significant clause. fiscal years. However, the inverted regulatory action and, therefore, was * * * * * domestic corporation language in the subject to review under section 6(b) of (e) 52.209–2, Prohibition on Fiscal Years 2008, 2009, and 2010 E.O. 12866, Regulatory Planning and Contracting with Inverted Domestic appropriations law is applicable Review dated September 30, 1993. This Corporations—Representation. Governmentwide, thus making it an rule is not a major rule under 5 U.S.C. * * * * * appropriate subject for FAR coverage. 804. The Councils do not agree that the FAR PART 9—CONTRACTOR IV. Regulatory Flexibility Act Council lacked authority to issue the QUALIFICATIONS The Department of Defense, the coverage as an interim rule; the rule 9.104–1 [Amended] implemented an existing restriction on General Services Administration, and appropriations about which contracting the National Aeronautics and Space ■ 3. Amend section 9.104–1 by officers and ordering activities may have Administration certify that this final removing the word ‘‘FAR’’ from been unaware. The Councils cannot rule will not have a significant paragraph (g). suspend the interim rule because it may economic impact on a substantial ■ 4. Revise sections 9.108–1 through harm shareholders. The Councils are number of small entities within the 9.108–5 to read as follows: obligated to implement the statutory meaning of the Regulatory Flexibility restriction on contracting with inverted Act, 5 U.S.C. 601, et seq., because this 9.108–1 Definitions. domestic corporations. rule will only impact an offeror that is As used in this section— an inverted domestic corporation and Inverted domestic corporation means I. Permanent Response to Temporary wants to do business with the a foreign incorporated entity which is Legislation Government. The number of entities treated as an inverted domestic Comments: Two respondents claimed impacted by this rule will be minimal corporation under 6 U.S.C. 395(b), i.e., that a restriction included in an because small business concerns are a corporation that used to be appropriations bill does not equate to a unlikely to have been incorporated in incorporated in the United States, or permanent restriction, whereas the the United States and then used to be a partnership in the United

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States, but now is incorporated in a 9.108–4 Waiver. (b) Relation to Internal Revenue Code. An foreign country, or is a subsidiary whose Any agency head may waive the inverted domestic corporation as herein parent corporation is incorporated in a prohibition in subsection 9.108–2 and defined does not meet the definition of an foreign country, that meets the criteria the requirement of subsection 9.108–3 inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. specified in 6 U.S.C. 395(b), applied in for a specific contract if the agency head (c) Representation. By submission of its accordance with the rules and determines in writing that the waiver is offer, the offeror represents that— definitions of 6 U.S.C. 395(c). An required in the interest of national (1) It is not an inverted domestic inverted domestic corporation as herein security, documents the determination, corporation; and defined does not meet the definition of and reports it to the Congress. (2) It is not a subsidiary of an inverted an inverted domestic corporation as domestic corporation. 9.108–5 Solicitation Provision and defined by the Internal Revenue Code at (End of provision) Contract Clause. 26 U.S.C. 7874. When using funds appropriated in ■ 7. Add section 52.209–10 to read as Subsidiary means an entity in which follows: more than 50 percent of the entity is Fiscal Year 2008 through Fiscal Year owned— 2010, unless waived in accordance with 52.209–10 Prohibition on Contracting With (1) Directly by a parent corporation; or FAR 9.108–4, the contracting officer Inverted Domestic Corporations. shall— (2) Through another subsidiary of a As prescribed in 9.108–5(b), insert the parent corporation. (a) Include the provision at 52.209–2, Prohibition on Contracting with following clause: 9.108–2 Prohibition. Inverted Domestic Corporations— Prohibition on Contracting With Inverted (a) Section 740 of Division C of the Representation, in each solicitation for Domestic Corporations (May 2011) Consolidated Appropriations Act, 2010 the acquisition of products or services (a) Definitions. As used in this clause— (Pub. L. 111–117) prohibits the use of (including construction); and Inverted domestic corporation means a 2010 appropriated funds for contracting (b) Include the clause at 52.209–10, foreign incorporated entity which is treated with any foreign incorporated entity Prohibition on Contracting with as an inverted domestic corporation under 6 that is treated as an inverted domestic Inverted Domestic Corporations, in each U.S.C. 395(b), i.e., a corporation that used to corporation, or with a subsidiary of such solicitation and contract for the be incorporated in the United States, or used a corporation. The same acquisition of products or services to be a partnership in the United States, but (including construction). now is incorporated in a foreign country, or Governmentwide restriction was also is a subsidiary whose parent corporation is contained in the Fiscal Year 2008 and incorporated in a foreign country, that meets 2009 appropriations acts. Agency- PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES the criteria specified in 6 U.S.C. 395(b), specific restrictions on contracting with applied in accordance with the rules and inverted domestic corporations also ■ 5. Amend section 52.204–8 by— definitions of 6 U.S.C. 395(c). An inverted existed in FY 2006 and FY 2007 ■ a. Revising the date of the provision; domestic corporation as herein defined does appropriations for United States not meet the definition of an inverted and domestic corporation as defined by the Departments of Transportation and ■ b. Redesignating paragraphs (c)(1)(v) Treasury, Housing and Urban Internal Revenue Code at 26 U.S.C. 7874. through (xx) as paragraphs (c)(1)(vi) Subsidiary means an entity in which more Development, the Judiciary and through (xxi), respectively; and adding than 50 percent of the entity is owned— Independent Agencies (including Public a new paragraph (c)(1)(v) to read as (1) Directly by a parent corporation; or Laws 109–115 and 109–289). follows: (2) Through another subsidiary of a parent (b) This prohibition does not apply as corporation. follows: 52.204–8 Annual Representations and (b) If the contractor reorganizes as an (1) When using Fiscal Year 2008 Certifications. inverted domestic corporation or becomes a funds for any contract entered into * * * * * subsidiary of an inverted domestic before December 26, 2007, or for any corporation at any time during the period of Annual Representations and Certifications performance of this contract, the Government order issued pursuant to such contract. (May 2011) (2) When using Fiscal Year 2009 may be prohibited from paying for Contractor (c)(1) * * * activities performed after the date when it funds for any contract entered into (v) 52.209–2, Prohibition on Contracting becomes an inverted domestic corporation or before March 11, 2009, or for any order with Inverted Domestic Corporations— subsidiary. The Government may seek any issued pursuant to such contract. Representation. This provision applies to available remedies in the event the (3) When using Fiscal Year 2010 solicitations using funds appropriated in Contractor fails to perform in accordance funds for any contract entered into fiscal years 2008, 2009, or 2010. with the terms and conditions of the contract before December 16, 2009, or for any * * * * * as a result of Government action under this order issued pursuant to such contract. ■ 6. Revise section 52.209–2 to read as clause. (End of clause) 9.108–3 Representation by the offeror. follows: ■ (a) In order to be eligible for contract 52.209–2 Prohibition on Contracting With 8. Amend section 52.212–3 by— award when using Fiscal Year 2008 Inverted Domestic Corporations— ■ a. Revising the date of the provision; through Fiscal Year 2010 funds, an Representation. ■ b. In paragraph (a) revising the offeror must represent that it is not an As prescribed in 9.108–5(a), insert the definition ‘‘Inverted domestic inverted domestic corporation or following provision: corporation’’; and adding, in subsidiary. Any offeror that cannot so Prohibition on Contracting With Inverted alphabetical order, the definition represent is ineligible for award of a Domestic Corporations—Representation ‘‘Subsidiary’’; and contract using such appropriated funds. (May 2011) ■ c. Revising paragraph (n) to read as (b) The contracting officer may rely on (a) Definitions. Inverted domestic follows: an offeror’s representation that it is not corporation and subsidiary have the meaning an inverted domestic corporation unless given in the clause of this contract entitled 52.212–3 Offeror Representations and the contracting officer has reason to Prohibition on Contracting with Inverted Certifications—Commercial Items. question the representation. Domestic Corporations (52.209–10). * * * * *

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Offeror Representations and Certifications— DEPARTMENT OF DEFENSE and benefits, of reducing costs, of Commercial Items (May 2011) harmonizing rules, and of promoting * * * * * GENERAL SERVICES flexibility. This is not a significant (a) * * * ADMINISTRATION regulatory action and, therefore, was not * * * * * subject to review under section 6(b) of Inverted domestic corporation, as used in NATIONAL AERONAUTICS AND E.O. 12866, Regulatory Planning and this section, means a foreign incorporated SPACE ADMINISTRATION Review, dated September 30, 1993. This entity which is treated as an inverted rule is not a major rule under 5 U.S.C. domestic corporation under 6 U.S.C. 395(b), 48 CFR Parts 25 and 52 804. i.e., a corporation that used to be [FAC 2005–52; FAR Case 2009–039; Item III. Regulatory Flexibility Act incorporated in the United States, or used to IV; Docket 2010–0104, Sequence 1] be a partnership in the United States, but now is incorporated in a foreign country, or RIN 9000–AL62 The Department of Defense, the is a subsidiary whose parent corporation is General Services Administration, and incorporated in a foreign country, that meets Federal Acquisition Regulation; Buy the National Aeronautics and Space the criteria specified in 6 U.S.C. 395(b), American Exemption for Commercial Administration certify that this final applied in accordance with the rules and Information Technology—Construction rule will not have a significant definitions of 6 U.S.C. 395(c). An inverted Material economic impact on a substantial domestic corporation as herein defined does number of small entities within the AGENCY: Department of Defense (DoD), not meet the definition of an inverted General Services Administration (GSA), meaning of the Regulatory Flexibility domestic corporation as defined by the Act, 5 U.S.C. 601, et seq., because the Internal Revenue Code at 26 U.S.C. 7874. and National Aeronautics and Space Administration (NASA). rule simplifies the treatment of * * * * * construction material that is also a ACTION: Final rule. Subsidiary means an entity in which more commercial information technology than 50 percent of the entity is owned— SUMMARY: DoD, GSA, and NASA have item, which constitutes a small (1) Directly by a parent corporation; or adopted as final, without change, an percentage of the overall construction (2) Through another subsidiary of a parent interim rule amending the Federal material in a project. This final rule corporation. Acquisition Regulation (FAR) to does not affect small business set-asides * * * * * implement section 615 of Division C, to the prime contractor or the small (n) Prohibition on Contracting with Title VI, of the Consolidated business subcontracting goals. Inverted Domestic Corporations—(1) Relation Appropriations Act, 2010, to authorize Construction contracts that exceed to Internal Revenue Code. An inverted exemption from the Buy American Act $7,804,000 and are subject to trade domestic corporation as herein defined does for acquisition of information agreements already exempt designated not meet the definition of an inverted country construction material from the domestic corporation as defined by the technology that is a commercial item. Internal Revenue Code 25 U.S.C. 7874. DATES: Effective Date: May 31, 2011. Buy American Act. (2) Representation. By submission of its FOR FURTHER INFORMATION CONTACT: Ms. IV. Paperwork Reduction Act offer, the offeror represents that— Cecelia L. Davis, Procurement Analyst, (i) It is not an inverted domestic at (202) 219–0202 for clarification of The Paperwork Reduction Act (44 corporation; and content. For information pertaining to U.S.C. chapter 35) does apply; however, (ii) It is not a subsidiary of an inverted status or publication schedules, contact these changes to the FAR do not impose domestic corporation. the Regulatory Secretariat at (202) 501– additional information collection * * * * * 4755. Please cite FAC 2005–52, FAR requirements to the paperwork burden Case 2009–039. previously approved under OMB ■ 9. Amend section 52.212–5 by SUPPLEMENTARY INFORMATION: Control Number 9000–0141, titled: Buy revising the date of the clause; America Act—Construction—FAR redesignating paragraphs (b)(7) through I. Background Sections Affected: Subpart 25.2; 52.225– (48) as (b)(8) through (49), respectively; DoD, GSA, and NASA published an 9; and 52.225–11. and adding a new paragraph (b)(7) to interim rule in the Federal Register at read as follows: 75 FR 60266 on September 29, 2010, to List of Subjects in 48 CFR Parts 25 and 52 52.212–5 Contract Terms and Conditions implement section 615 of the Division Required To Implement Statutes or C, Title VI, of the Consolidated Government procurement. Executive Orders—Commercial Items. Appropriations Act, 2010 (Pub. L. 111– * * * * * 117). No comments were received by the Dated: May 18, 2011. close of the public comment period on Millisa Gary, Contract Terms and Conditions Required To November 29, 2010. Acting Director, Office of Governmentwide Implement Statutes or Executive Orders— Commercial Items (May 2011) II. Executive Orders 12866 and 13563 Acquisition Policy. * * * * * Executive Orders (E.O.s) 12866 and Interim Rule Adopted as Final Without (b) * * * 13563 direct agencies to assess all costs Change l(7) 52.209–10, Prohibition on and benefits of available regulatory Accordingly, the interim rule Contracting with Inverted Domestic alternatives and, if regulation is amending 48 CFR parts 25 and 52, Corporations (section 740 of Division C of necessary, to select regulatory Public Law 111–117, section 743 of Division approaches that maximize net benefits which was published in the Federal D of Public Law 111–8, and section 745 of Register at 75 FR 60266 on September Division D of Public Law 110–161) (including potential economic, environmental, public health and safety 29, 2010, is adopted as final without * * * * * effects, distributive impacts, and change. [FR Doc. 2011–12853 Filed 5–27–11; 8:45 am] equity). E.O. 13563 emphasizes the [FR Doc. 2011–12854 Filed 5–27–11; 8:45 am] BILLING CODE 6820–EP–P importance of quantifying both costs BILLING CODE 6820–EP–P

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DEPARTMENT OF DEFENSE approaches that maximize net benefits 52.203–13, Contractor Code of Business (including potential economic, Ethics and Conduct. GENERAL SERVICES environmental, public health and safety * * * * * ADMINISTRATION effects, distributive impacts, and [FR Doc. 2011–12855 Filed 5–27–11; 8:45 am] equity). E.O. 13563 emphasizes the BILLING CODE 6820–EP–P NATIONAL AERONAUTICS AND importance of quantifying both costs SPACE ADMINISTRATION and benefits, of reducing costs, of harmonizing rules, and of promoting DEPARTMENT OF DEFENSE 48 CFR Part 42 flexibility. This is a significant GENERAL SERVICES [FAC 2005–52; FAR Case 2010–017; Item regulatory action and, therefore, was V; Docket 2010–0017, Sequence 1] subject to review under section 6(b) of ADMINISTRATION E.O. 12866, Regulatory Planning and RIN 9000–AL92 Review, dated September 30, 1993. This NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Acquisition Regulation; rule is not a major rule under 5 U.S.C. 804. Oversight of Contractor Ethics 48 CFR Parts 52 and 53 Programs III. Regulatory Flexibility Act [FAC 2005–52; Item VI; Docket 2011–0078; AGENCY: Department of Defense (DoD), The Regulatory Flexibility Act does Sequence 2] General Services Administration (GSA), not apply to this rule because this final and National Aeronautics and Space rule does not constitute a significant Federal Acquisition Regulation; Administration (NASA). FAR revision within the meaning of Technical Amendments ACTION: Final rule. FAR 1.501–1 and 41 U.S.C. 1707. AGENCY: Department of Defense (DoD), However, DoD, GSA, and NASA will SUMMARY: DoD, GSA, and NASA are General Services Administration (GSA), issuing a final rule amending the consider comments from small entities and National Aeronautics and Space Federal Acquisition Regulation (FAR) to concerning the affected FAR part in Administration (NASA). add to the list of contract administration accordance with 5 U.S.C. 610. Interested ACTION: Final rule. functions, the function to ensure that parties must submit such comments contractors have implemented the separately and should cite 5 U.S.C. 610, SUMMARY: This document makes mandatory contractor business ethics et seq. (FAC 2005–52, FAR Case 2010– amendments to the Federal Acquisition program requirements. 017) in correspondence. Regulation in order to make editorial changes. DATES: Effective Date: June 30, 2011. IV. Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Mr. DATES: Effective Date: May 31, 2011. Anthony Robinson, Procurement The final rule does not contain any FOR FURTHER INFORMATION CONTACT: The Analyst, at (202) 501–2658, for information collection requirements that Regulatory Secretariat, 1275 First Street, clarification of content. For information require the approval of the Office of NE., 7th Floor, Washington, DC 20417, pertaining to status or publication Management and Budget under the (202) 501–4755, for information schedules, contact the Regulatory Paperwork Reduction Act (44 U.S.C. pertaining to status or publication Secretariat at (202) 501–4755. Please chapter 35). schedules. Please cite FAC 2005–52, cite FAC 2005–52, FAR Case 2010–017. List of Subjects in 48 CFR Part 42 Technical Amendments. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: In order to Government procurement. update certain elements in 48 CFR parts I. Background Dated: May 18, 2011. 52 and 53, this document makes This final rule amends the FAR in Millisa Gary, editorial changes to the Federal response to recommendations from the Acquisition Regulation. Government Accountability Office Acting Director, Office of Governmentwide Acquisition Policy. (GAO) Report GAO–09–591, Defense List of Subjects in 48 CFR Parts 52 and 53 Contracting Integrity—Opportunities Therefore, DoD, GSA, and NASA Exist to Improve DoD’s Oversight of amend 48 CFR part 42 as set forth Government procurement. Contractor Ethics Programs. The ethics below: Dated: May 18, 2011. program requirement flows from FAR Millisa Gary, 52.203–13, Contractor Code of Business PART 42—CONTRACT ADMINISTRATION AND AUDIT Acting Director, Office of Governmentwide Ethics and Conduct. Acquisition Policy. This final rule modifies FAR 42.302, SERVICES Contract Administration Functions, to Therefore, DoD, GSA, and NASA add to the list of contract administration ■ 1. The authority citation for 48 CFR amend 48 CFR parts 52 and 53 as set functions, the function to ensure that part 42 continues to read as follows: forth below: contractors have implemented the ■ 1. The authority citation for 48 CFR Authority: 40 U.S.C. 121(c); 10 U.S.C. mandatory contractor business ethics parts 52 and 53 continues to read as chapter 137; and 42 U.S.C. 2473(c). program requirements of FAR 52.203– follows: 13. ■ 2. Amend section 42.302 by adding Authority: 40 U.S.C. 121(c); 10 U.S.C. II. Executive Orders 12866 and 13563 paragraph (a)(71) to read as follows: chapter 137; and 42 U.S.C. 2473(c). Executive Orders (E.O.s) 12866 and 42.302 Contract administration functions. PART 52—SOLICITATION PROVISIONS 13563 direct agencies to assess all costs AND CONTRACT CLAUSES and benefits of available regulatory (a) * * * alternatives and, if regulation is (71) Ensure that the contractor has 52.212–3 [Amended] necessary, to select regulatory implemented the requirements of ■ 2. Amend section 52.212–3 by—

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■ a. Removing from paragraphs (c)(6)(i) ■ b. Removing from paragraph (c)(7)(ii) PART 53—FORMS and (ii), and (c)(7)(i) and (ii) ‘‘It * is, * ‘‘(c)(7)(ii)’’ and adding ‘‘(c)(7)(i)’’ in its is not’’ and adding ‘‘It b is, b is not’’ in place. ■ 3. Amend section 53.301–1447 by their place; and revising the form to read as follows: 53.301–1447 Solicitation/Contract. BILLING CODE 6820–EP–P

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■ 4. Amend section 53.301–1449 by § 53.301–1449 Solicitation/Contract/Order revising the form to read as follows: for Commercial Items.

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■ 5. Amend section 53.302–347 by § 53.302–347 Order for Supplies or revising the form to read as follows: Services.

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[FR Doc. 2011–12856 Filed 5–27–11; 8:45 am] BILLING CODE 6820–EP–C

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DEPARTMENT OF DEFENSE and National Aeronautics and Space which precedes this document. These Administration (NASA). documents are also available via the GENERAL SERVICES ACTION: Small Entity Compliance Guide. Internet at http://www.regulations.gov. ADMINISTRATION SUMMARY: This document is issued DATES: For effective dates see separate NATIONAL AERONAUTICS AND under the joint authority of DOD, GSA, documents, which follow. SPACE ADMINISTRATION and NASA. This Small Entity FOR FURTHER INFORMATION CONTACT: The Compliance Guide has been prepared in analyst whose name appears in the table 48 CFR Chapter 1 accordance with section 212 of the below. Please cite FAC 2005–52 and the Small Business Regulatory Enforcement [Docket FAR 2011–0077, Sequence 4] specific FAR case number. For Fairness Act of 1996. It consists of a information pertaining to status or summary of rules appearing in Federal Federal Acquisition Regulation; publication schedules, contact the Acquisition Circular (FAC) 2005–52, Federal Acquisition Circular 2005–52; Regulatory Secretariat at (202) 501– which amend the Federal Acquisition Small Entity Compliance Guide 4755. Regulation (FAR). Interested parties may AGENCY: Department of Defense (DoD), obtain further information regarding General Services Administration (GSA), these rules by referring to FAC 2005–52,

LIST OF RULES IN FAC 2005–52

Item Subject FAR Case Analyst

I ...... Sustainable Acquisition ...... 2010–001 Clark. II ...... Contract Closeout ...... 2008–020 McFadden. III ...... Prohibition on Contracting with Inverted Domestic Corporations ...... 2008–009 Davis. IV ...... Buy American Exemption for Commercial Information Technology—Construction Material ...... 2009–039 Davis. V ...... Oversight of Contractor Ethics Programs ...... 2010–017 Robinson. VI ...... Technical Amendments.

SUPPLEMENTARY INFORMATION: 2009. This rule revises procedures and section 615 of Division C, Title VI, of Summaries for each FAR rule follow. sets forth a timeframe for clearing final the Consolidated Appropriations Act, For the actual revisions and/or patent reports; updates quick-closeout 2010 (Pub. L. 111–117). Section 615 amendments made by these FAR cases, procedures, including applicable authorizes exemption from the Buy refer to the specific item numbers and thresholds; sets forth a description of an American Act for acquisition of subject set forth in the documents adequate final indirect cost rate information technology that is a following these item summaries. FAC proposal and supporting data; and adds commercial item. 2005–52 amends the FAR as specified language for withholding fees to protect below: the Government’s interest and Item V—Oversight of Contractor Ethics encourage timely submissions of an Programs (FAR Case 2010–017) Item I—Sustainable Acquisition (FAR adequate final indirect cost rate Case 2010–001) (Interim) proposal. The rule does not impose any This final rule modifies FAR 42.302, This interim rule amends the FAR to additional requirements on small Contract Administration Functions, to implement Executive Order 13514, businesses. add to the list of contract administration Federal Leadership in Environmental, functions, the function of ensuring that Energy, and Economic Performance, and Item III—Prohibition on Contracting contractors have implemented FAR Executive Order 13423, Strengthening With Inverted Domestic Corporations 52.203–13, Contractor Code of Business Federal Environmental, Energy, and (FAR Case 2008–009) Ethics and Conduct. Transportation Management. It requires This final rule implements section Contracting officers may ask to see a Federal agencies to leverage agency 740 of Division C of the Consolidated contractor’s code of ethics or a acquisitions to foster markets for Appropriations Act, 2010 (Pub. L. 111– contractor’s ethics program, but the sustainable technologies, materials, 117) and similar restrictions in 2008 and contracting officer is not required to ask products, and services. Federal agencies 2009 appropriations acts, which for a copy of any documents. are additionally required to implement prohibit the award of contracts using high-performance sustainable building appropriated funds to any foreign Item VI—Technical Amendments design, construction, renovation, repair, incorporated entity that is treated as an commissioning, operation and inverted domestic corporation or to any Editorial changes are made at FAR maintenance, management, and subsidiary of one, except as permitted in 52.212–3, 53.301–1447, 53.301–1449, deconstruction practices in applicable specific exceptions as set forth in the and 52.302–347. acquisitions. Contractors will be rule. The rule does not impose any Dated: May 18, 2011. required to support the goals of an requirements on small businesses. Millisa Gary, agency’s environmental management Item IV—Buy American Exemption for Acting Director, Office of Governmentwide system. Commercial Information Technology— Acquisition Policy. Item II—Contract Closeout (FAR Case Construction Material (FAR Case 2009– [FR Doc. 2011–12857 Filed 5–27–11; 8:45 am] 2008–020) 039) BILLING CODE 6820–EP–P This final rule amends the FAR This rule adopts as final, without procedures for closing out contracts. A change, an interim rule. The interim proposed rule was published August 20, rule amended the FAR to implement

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Part III

Department of Health and Human Services

45 CFR Part 164 HIPAA Privacy Rule Accounting of Disclosures Under the Health Information Technology for Economic and Clinical Health Act; Proposed Rule

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DEPARTMENT OF HEALTH AND Humphrey Building, Room 509F, 200 provisions of HIPAA apply to three HUMAN SERVICES Independence Avenue, SW., types of entities, which are known as Washington, DC 20201. Please submit ‘‘covered entities’’: health care providers Office of the Secretary one original and two copies. who conduct covered health care • Hand Delivery or Courier: Office for transactions electronically, health plans, 45 CFR Part 164 Civil Rights, Attention: HIPAA Privacy and health care clearinghouses. Rule Accounting of Disclosures, Hubert RIN 0991–AB62 Pursuant to HIPAA, the Department H. Humphrey Building, Room 509F, 200 promulgated the Standards for Privacy HIPAA Privacy Rule Accounting of Independence Avenue, SW., of Individually Identifiable Health Disclosures Under the Health Washington, DC 20201. Please submit Information, known as the ‘‘Privacy Information Technology for Economic one original and two copies. (Because Rule,’’ on December 28, 2000 (amended and Clinical Health Act access to the interior of the Hubert H. on August 14, 2002). See 65 FR 82462, Humphrey Building is not readily as amended at 67 FR 53182. The Privacy AGENCY: Office for Civil Rights, available to persons without Federal Rule at 45 CFR 164.528 requires covered Department of Health and Human government identification, commenters entities to make available to an Services. are encouraged to leave their comments individual upon request an accounting ACTION: Notice of proposed rulemaking. in the mail drop slots located in the of certain disclosures of the individual’s main lobby of the building.) protected health information made SUMMARY: The Department of Health and Inspection of Public Comments: All during the six years prior to the request. Human Services (HHS or ‘‘the comments received before the close of A disclosure is defined at § 160.103 as Department’’) is issuing this notice of the comment period will be available for ‘‘the release, transfer, provision of access proposed rulemaking to modify the public inspection, including any to, or divulging in any other manner of Health Insurance Portability and personally identifiable or confidential information outside the entity holding Accountability Act of 1996 (HIPAA) business information that is included in the information.’’ Privacy Rule’s standard for accounting a comment. We will post all comments For each disclosure, the accounting of disclosures of protected health received before the close of the must include: (1) The date of the information. The purpose of these comment period at http:// disclosure; (2) the name (and address, if modifications is, in part, to implement www.regulations.gov. Because known) of the entity or person who the statutory requirement under the comments will be made public, they received the protected health Health Information Technology for should not include any sensitive information; (3) a brief description of Economic and Clinical Health Act (‘‘the personal information, such as a person’s the information disclosed; and (4) a HITECH Act’’ or ‘‘the Act’’) to require social security number; date of birth; brief statement of the purpose of the covered entities and business associates driver’s license number, state disclosure (or a copy of the written to account for disclosures of protected identification number or foreign country request for the disclosure). For multiple health information to carry out equivalent; passport number; financial disclosures to the same person for the treatment, payment, and health care account number; or credit or debit card same purpose, the accounting is only operations if such disclosures are number. Comments also should not required to include: (1) For the first through an electronic health record. include any sensitive health disclosure, a full accounting, with the Pursuant to both the HITECH Act and information, such as medical records or elements described above; (2) the its more general authority under HIPAA, other individually identifiable health frequency, periodicity, or number of the Department proposes to expand the information, or any non-public disclosures made during the accounting accounting provision to provide corporate or trade association period; and (3) the date of the last such individuals with the right to receive an information, such as trade secrets or disclosure made during the accounting access report indicating who has other proprietary information. period. accessed electronic protected health FOR FURTHER INFORMATION CONTACT: Section 164.528(a)(1) provides that an information in a designated record set. Andra Wicks, 202–205–2292. accounting must include all disclosures Under its more general authority under SUPPLEMENTARY INFORMATION: of protected health information, except HIPAA, the Department also proposes The discussion below includes a for disclosures: changes to the existing accounting description of the statutory and • To carry out treatment, payment requirements to improve their regulatory background of the proposed and health care operations as provided workability and effectiveness. rule, a section-by-section description of in § 164.506; DATES: Submit comments on or before the proposed modifications, and the • To individuals of protected health August 1, 2011. impact statement and other required information about them as provided in ADDRESSES: You may submit comments, regulatory analyses. We solicit public § 164.502; identified by RIN 0991–AB62, by any of comment on the proposed rule. • Incident to a use or disclosure the following methods (please do not I. Statutory and Regulatory Background otherwise permitted or required by this submit duplicate comments): subpart, as provided in § 164.502; • Federal eRulemaking Portal:http:// A. The Accounting of Disclosures Under • Pursuant to an authorization as www.regulations.gov. Follow the the Current Privacy Rule provided in § 164.508; instructions for submitting comments. The Health Insurance Portability and • For the facility’s directory or to Attachments should be in Microsoft Accountability Act of 1996 (HIPAA), persons involved in the individual’s Word, WordPerfect, or Excel; however, title II, subtitle F—Administrative care or other notification purposes as we prefer Microsoft Word. Simplification, Pubic Law 104–191, 110 provided in § 164.510; • Regular, Express, or Overnight Mail: Stat. 2021, provided for the • For national security or intelligence U.S. Department of Health and Human establishment of national standards to purposes as provided in § 164.512(k)(2); Services, Office for Civil Rights, protect the privacy and security of • To correctional institutions or law Attention: HIPAA Privacy Rule personal health information. The enforcement officials as provided in Accounting of Disclosures, Hubert H. Administrative Simplification § 164.512(k)(5);

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• As part of a limited data set in accounting of the business associate’s health care operations disclosures as a accordance with § 164.514(e); or disclosures). condition of certification for meaningful • That occurred prior to the The HITECH Act, at section 13405(c), use Stage 1 under the Medicare and compliance date for the covered entity. requires the Secretary to promulgate Medicaid EHR incentive payment For disclosures for research in regulations governing what information programs. The Office for Civil Rights accordance with § 164.512(i) (such as is to be collected about these will continue to work closely with ONC disclosures subject to an Institutional disclosures. The regulations ‘‘shall only to ensure that the standards and Review Board’s waiver of authorization) require such information to be collected certification criteria for certified EHR involving 50 or more individuals, through an electronic health record in a technology align with the HIPAA § 164.528(b)(4) permits the covered manner that takes into account the Privacy Rule accounting of disclosures entity to provide a list of research interests of the individuals in learning requirement. protocols rather than specific the circumstances under which their The HITECH Act provides that the information about each disclosure. protected health information is being effective date of the new accounting Accordingly, an individual who disclosed and takes into account the requirement for HIPAA covered entities requests an accounting of disclosures administrative burden of accounting for that have acquired an EHR after January may receive a list of research protocols such disclosures.’’ 1, 2009, is January 1, 2011, or the date with information about each protocol, Additionally, section 13101 of the that it acquires an EHR, whichever is including contact information, rather HITECH Act, which adds section later. For covered entities that acquired than specific information about 3004(b)(1) of the Public Health Service EHRs prior to January 1, 2009, the disclosures for research. Act, requires the Secretary to adopt an effective date is January 1, 2014. The The current accounting provision initial set of standards, implementation statute authorizes the Secretary to applies to disclosures of paper and specifications, and certification criteria extend both of these compliance electronic protected health information, for EHR technology. These standards, deadlines to no later than 2013 and regardless of whether such information implementation specifications, and 2016, respectively. is in a designated record set. While the certification criteria are required to obligation to provide an individual with address the areas set forth in the newly II. Request for Information an accounting of disclosures falls to the added section 3002(b)(2)(B) of the On May 3, 2010, HHS published a covered entity, the accounting must Public Health Service Act, including the request for information (RFI) seeking include disclosures to and by its ‘‘[t]echnologies that as a part of a further information on individuals’ business associates. Business associates qualified electronic health record allow interests in learning of disclosures, the are required, as a term of their business for an accounting of disclosures made burdens on covered entities in associate agreements, to make available by a [HIPAA covered entity] for accounting for disclosures, and the the information required for the covered purposes of treatment, payment, and capabilities of current technology. We entity’s accounting. health care operations (as such terms are received approximately 170 comments from numerous organizations B. Changes Required by the HITECH Act defined for purposes of [the HIPAA regulations].’’ Section 13405(c) links the representing health plans, health care Section 13405(c) of the Health modifications to the HIPAA accounting providers, privacy advocates, and other Information Technology for Economic requirements to the above standards, non-covered entities. These comments and Clinical Health (HITECH) Act, Title providing that the Secretary issue the are summarized below and were XIII of Division A and Title IV of accounting regulations within six considered when drafting this proposed Division B of the American Recovery months of the Secretary’s adoption of rule. and Reinvestment Act of 2009 (ARRA) the EHR accounting standard. The first question in the RFI asked (Pub. L. 111–5), provides that the In an interim final rule published on about the potential benefits to exemption at § 164.528(a)(1)(i) of the January 13, 2010, the HHS Office of the individuals from receiving an Privacy Rule for disclosures to carry out National Coordinator for Health accounting of disclosures, particularly treatment, payment, and health care Information Technology (ONC) adopted an accounting that included disclosures operations no longer applies to a standard and certification criterion to for treatment, payment, and health care disclosures ‘‘through an electronic account for disclosures at 45 CFR operations. Approximately 10 health record.’’ Section 13400 of the 170.210(e) and 170.302(v), 75 FR 2014, respondents representing both HITECH Act defines an electronic 2044, 2046. The standard and consumers and covered entities health record (‘‘EHR’’) as ‘‘an electronic certification criterion provide that endorsed the benefits of such an record of health-related information on certified EHR technology have the accounting in order to foster an individual that is created, gathered, capability to record the date, time, transparency and patient trust, as well managed, and consulted by authorized patient identification, user as to discourage inappropriate behavior. health care clinicians and staff.’’ Under identification, and a description of the Commenters pointed out that the use of section 13405(c), an individual has a disclosure, for disclosures made for audit trails and the right to an right to receive an accounting of such treatment, payment, and health care accounting of disclosures improves the disclosures made during the three years operations. ONC published a final rule detection of breaches and assists with prior to the request. With respect to on July 28, 2010, which retained this the identification of weaknesses in disclosures by business associates standard but made the certification privacy and security practices. Roughly through an EHR to carry out treatment, criterion optional. In the final rule (75 10 commenters representing covered payment, and health care operations on FR 44623), ONC discussed its rationale entities agreed generally that there are behalf of the covered entity, section for retaining the standard for accounting potential benefits to transparency, but 13405(c) requires the covered entity to for treatment, payment, and health care questioned whether general accountings provide either an accounting of the operations disclosures and making the would provide the type of information business associates’ disclosures, or a list related certification criterion optional. that individuals usually seek. The and contact information of all business Accordingly, EHR technology is not majority of comments, contributed associates (enabling the individual to required to have the capability to mostly by covered entities, indicated contact each business associate for an account for treatment, payment, and that providing an accounting of

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treatment, payment, and health care entities and industry, indicated that operations disclosures would create operations disclosures would provide recipient information should not be additional storage space burden. little to no benefit to individuals (over included in an accounting of The seventh RFI question asked about 80 respondents), while incurring disclosures. In a few cases, concerns the feasibility of the HITECH Act substantial administrative, staffing and about employee privacy, security, and compliance timelines for the new monetary burdens (over 120 safety were cited as a reason not to accounting requirements. The HITECH respondents). include recipient information. On the Act provides that a covered entity that The second and third RFI questions other hand, almost 40% of commenters, has acquired an EHR after January 1, inquired about individuals’ awareness representing consumers, covered 2009, must comply with the new of their right to receive an accounting of entities and industry, felt that accounting requirement by January 1, disclosures, how covered entities ensure information about the recipient would 2011, unless the Department extends individuals are aware of their be vital in addressing individuals’ this compliance deadline to no later accounting right, and the number of concerns regarding inappropriate than 2013. Almost all comments accounting requests that covered receipt of their health information. received on this topic indicated that the entities have received. Most covered Over 60% of the commenters, January 1, 2011, deadline would be entities responded that individuals are representing covered entities and impossible to meet. Estimates of the aware of their accounting right from the industry, indicated that the purpose of time needed to develop and implement notices of privacy practices covered the disclosure should not be included the new accounting feature and entities provide to individuals. The due to the minimal benefit this subsequently install updated systems responses indicated that almost 30 information would provide to varied, however many comments covered entity respondents have individuals and the significant difficulty indicated needing at least two years past received no requests for an accounting in capturing this information. Since the 2011 date for compliance. Fewer of disclosures and more than 90 covered most current systems do not than 10 early adopters of EHRs entity respondents have received less automatically capture the purpose of a (acquired before January 1, 2009) than 20 requests since the Privacy disclosure, new actions would be responded, generally indicating that Rule’s 2003 compliance date. required, resulting in a disruption of they would also need longer than the The fourth RFI question asked about provider workflow. In contrast, almost 2014 date for compliance, and that the individual use of and satisfaction with 20% of commenters, representing timing would be dependent on vendors the information received in accountings consumers and covered entities, developing appropriate systems. of disclosures. Some covered entities indicated that an accounting of Question eight requested input on the reported receiving accounting requests disclosures would be useless to feasibility of an EHR module that is that were prompted by concerns over a individuals without a description of the exclusively dedicated to accounting for specific situation or person that may purpose of each disclosure. Almost one disclosures. Almost 90% of the have accessed their records. Some third of comments on this issue comments received on this topic covered entities also reported supported the use of general categories indicated that a separate module to individuals withdrawing their requests if a description of the purpose of a produce accounting of disclosures for an accounting once they realized disclosure is required. Most respondents reports would not be an ideal solution that inappropriate uses of protected felt that individuals do not have a good due to the significant time and expense health information (such as understanding of what may constitute needed to develop such a module for inappropriate access by a member of the ‘‘health care operations.’’ limited benefit, given the low number of workforce) would not be included in the Question six of the RFI asked about accounting requests received to date. accounting. Most covered entities that the capabilities of current EHR systems. Comments also indicated a potential for have received accounting requests were Almost all comments received on this this effort to detract from meaningful not aware of how the information was topic indicated that current EHR use requirements. used by individuals or if it was useful systems are unable to distinguish The final question of the RFI to them. Consumer advocates were between a ‘‘use’’ and a ‘‘disclosure,’’ are requested any other information that divided on this topic; one indicated that decentralized, and cannot generate would be helpful to the Department accountings of disclosures have been accountings of disclosures reports regarding accounting for disclosures useful to individuals, and one related automatically, requiring manual entry to through an EHR to carry out treatment, that the accountings have likely not assemble a report for each requested payment, and health care operations. A been useful to individuals since the accounting. The comments reflected a large percentage of the comments reports have lacked information about variety of audit log experiences, expressed concerns with the burdens the treatment, payment and healthcare representative of the wide range of that this new accounting of disclosures operations disclosures. systems used for various functions in requirement would create. These The fifth question in the RFI asked the health care system. According to the comments cited increased health care whether an accounting for treatment, comments, most current audit logs costs, reduced patient care time payment, and health care operations retain at least the name or other resulting from disruptions in provider disclosures should include the identification of the individual who workflow, and a potential chilling effect following elements and, if so, why: to accessed the record, the name or other on the adoption of EHR systems, whom a disclosure was made, and the identification of the record that was particularly for small providers. In reason or purpose for the disclosure. accessed, the date, the time, and the addition, we received suggestions and This question also asked about the area, module, or screen of the EHR that requests for clarification on the scope of specificity needed regarding the was accessed. Comments generally EHRs, disclosures, and disclosures purpose of a disclosure, and to what indicated that maintaining current audit through an EHR. extent individuals are familiar with logs for three years would incur activities that may constitute ‘‘health minimal additional burden; however, III. Overview of Proposed Rule care operations.’’ Regarding the recipient increasing the information retained to We are proposing to revise § 164.528 of the disclosure, approximately 60% of include additional information about of the Privacy Rule by dividing it into the comments, representing covered treatment, payment, and health care two separate rights for individuals:

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paragraph (a) would set forth an information that a covered entity is are limited to protected health individual’s right to an accounting of already required to collect under the information maintained in a designated disclosures and paragraph (b) would set Security Rule. Under record set, we believe that some forth an individual’s right to an access §§ 164.308(a)(1)(ii)(D) and 164.312(b) of business associates will not be affected report (which would include electronic the HIPAA Security Rule, a covered by these requirements because they do access by both workforce members and entity is required to record and examine not have designated record set persons outside the covered entity). Our activity in information systems and to information. revisions to the right to an accounting regularly review records of such We are proposing a revision to the of disclosures are based on our general activity. Accordingly, our proposal requirements for notices of privacy authority under HIPAA and are attempts to shift the accounting practices at § 164.520 in order to inform intended to improve the workability and provision from a manual process that individuals of their right to receive an effectiveness of the provision. The right generates limited information to a more access report, in addition to an to an access report is based in part on automated process that produces more accounting of certain disclosures. the requirement of section 13405(c) of comprehensive information (since it We are proposing that covered entities the HITECH Act to provide individuals includes all access to electronic (including small health plans) and with information about disclosures designated record set information, business associates comply with the through an EHR for treatment, payment, whether such access qualifies as a use modifications to the accounting of and health care operations. This right to or disclosure). We believe that these two disclosures requirement beginning 180 an access report is also based in part on rights, in conjunction, would provide days after the effective date of the final our general authority under HIPAA, in individuals with greater transparency regulation (240 days after publication). order to ensure that individuals are regarding the use and disclosure of their We are proposing that covered entities receiving the information that is of most information than under the current rule. and business associates provide interest. The right to an accounting of individuals with a right to an access These two rights, to an accounting of disclosures would encompass report beginning January 1, 2013, for disclosures and to an access report, disclosures of both hard copy and electronic designated record set systems would be distinct but complementary. electronic protected health information acquired after January 1, 2009, and The right to an access report would that is maintained in a designated beginning January 1, 2014, for electronic provide information on who has record set. It would cover a three-year designated record set systems acquired accessed electronic protected health period, and would require a covered as of January 1, 2009. information in a designated record set entity and its business associates to (including access for purposes of account for the disclosures of protected IV. Section-by-Section Description of treatment, payment, and health care health information that we believe are of Proposed Rule operations), while the right to an most interest to individuals. The right to The following describes the accounting would provide additional an access report would only apply to provisions of the proposed rule section information about the disclosure of protected health information about an by section. Those interested in designated record set information individual that is maintained in an commenting on the proposed rule can (whether hard-copy or electronic) to electronic designated record set. Our assist the Department by preceding persons outside the covered entity and proposed rule would provide an discussion of any particular provision or its business associates for certain individual with a right to obtain a copy topic with a citation to the section of the purposes (e.g., law enforcement, judicial of this information in the form of an proposed rule being discussed. While hearings, public health investigations). ‘‘access report.’’ It would cover a three- we request comment on several specific The intent of the access report is to year period, and would provide the questions, we welcome comments on allow individuals to learn if specific individual with information about who any aspects of the proposed rule. persons have accessed their electronic has accessed the individual’s electronic designated record set information (it protected health information held by a A. Accounting of Disclosures of will not provide information about the covered entity or business associate. It Protected Health Information—Section purposes of the person’s access). In would not distinguish between ‘‘uses’’ 164.528(a) contrast, the intent of the accounting of and ‘‘disclosures,’’ and thus, would We are proposing the following disclosures is to provide more detailed apply when any person accesses an modifications to the existing accounting information (a ‘‘full accounting’’) for electronic designated record set, of disclosures requirements to improve certain disclosures that are most likely whether that person is a member of the the workability of the requirements and to impact the individual. workforce or a person outside the to better focus the requirements on We believe that these changes to the covered entity. We propose to require providing the individual with accounting requirements will provide that the access report identify the date, information about those disclosures that information of value to individuals time, and name of the person (or name are most likely to impact the while placing a reasonable burden on of the entity if the person’s name is individual’s legal and personal interests, covered entities and business associates. unavailable) who accessed the while taking into account the The process of creating a full accounting information (we also propose to require administrative burdens on covered of disclosures is generally a manual, the inclusion of a description of the entities and business associates. expensive, and time consuming process protected health information that was 1. Standard: Right to an Accounting of for covered entities and business accessed and the user’s action, but only associates. In contrast, we believe that to the extent that such information is Disclosures the process of creating an access report available). Paragraph (a)(1)(i) of the proposed will be a more automated process that With respect to the right to an rule would maintain the general provides valuable information to accounting of disclosures and the right standard that an individual has a right individuals with less burden to covered to an access report, covered entities to receive an accounting of disclosures entities and business associates. By would be required to include the by a covered entity or business limiting the access report to electronic applicable uses and disclosures of their associate, but would include a number access, the report will include business associates. Because these rights of changes to this right. Specifically, we

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propose to change the scope of rather than to make decisions about the outside of a designated record set. As information subject to the accounting to individual. stated above, we believe that this the information about an individual in Note that protected health represents the information that is of a designated record set, to explicitly information outside the designated most interest to individuals, since it is include business associates in the record set would remain fully protected the information that covered entities use language of the standard, to change the by the Privacy Rule and, with respect to to make health care and payment accounting period from six years to electronic protected health information, decisions about the individual. three years, and to list the types of the Security Rule. Further, the Breach We propose that covered entities and disclosures that are subject to the Notification Rule continues to apply to business associates must generally accounting (rather than listing the types all protected health information in any account for disclosures over a three-year of disclosures that are exempt from the form and regardless of where such period. The current accounting accounting). information exists at a covered entity or provision requires covered entities and Currently, an individual has a right business associates. Thus, individuals business associates to account for under § 164.528 to an accounting of would still be informed of breaches of disclosures for the six-year period prior certain disclosures of protected health unsecured protected health information to the request. Section 13405(c)(1)(B) of information about the individual, even if such information resides outside the HITECH Act, however, states that an regardless of where such information is of a designated record set. individual has a right to receive an located. We are proposing to limit the We request comment on our proposal accounting of treatment, payment, and accounting provision to protected health to limit the accounting requirement to health care operations disclosures information about the individual in a protected health information in a through an EHR for the three-year designated record set. Designated record designated record set and whether there period prior to the request. We believe sets include the medical and health care are unintended consequences with that it is appropriate to maintain a payment records maintained by or for a doing so either in terms of workability consistent accounting time period for all covered entity, and other records used or the privacy interests of the types of disclosures. Accordingly, our by or for the covered entity to make individual. proposal aligns the accounting period decisions about individuals. See the We include a direct reference to for all types of disclosures with the definition of ‘‘designated record set’’ at business associates in the standard to three-year period set forth in section § 164.501. make clear that the covered entity must 13405(c)(1)(B) of the HITECH Act. This proposed change would better include accounting information for all Additionally, based on our experience align the accounting provision at disclosures by the covered entity’s to date, we believe that individuals who § 164.528 with the individual’s rights to business associates that create, receive, request an accounting of disclosures are access and amend protected health maintain, or transmit designated record generally interested in learning of more information at §§ 164.524 and 164.526, set information. Under the current recent disclosures (e.g., an individual is which are both limited to protected Privacy Rule, a covered entity is seeking information on why she has health information about an individual required at § 164.504(e)(2)(ii)(G) to recently begun to receive information in a designated record set. We believe include in its business associate related to her health condition from a that this information, which forms the agreements the requirement that the third party). Therefore, we do not basis for covered entities’ health care business associate will ‘‘make available believe that it will be a significant and payment decisions about the the information required to provide an detriment to individuals to reduce the individual, generally represents the accounting of disclosures in accordance accounting period from six years to protected health information that is of with § 164.528.’’ Section 164.528(b)(1) three years. In contrast, we believe it is most interest to the individual. currently provides that the accounting a significant burden on covered entities Covered entities should already have must include ‘‘disclosures to or by and business associates to maintain documentation of which systems qualify business associates of the covered information on six years of disclosures, as designated record sets. Currently, entity’’ without regard to whether such rather than three years. We request § 164.524(e)(1) provides that ‘‘[a] information is maintained within a comment on this issue and if there are covered entity must document the designated record set. To align with our specific concerns regarding the need for following and retain the documentation proposal to apply the accounting accounting of disclosures beyond three as required by § 164.530(j): (1) [t]he requirements only to information within years. designated record sets that are subject to a designated record set, we in turn limit Paragraph (a)(1)(i) also would address access by individuals; * * *’’ Covered the information held by business which disclosures are subject to the entities and business associates are associates that is subject to the accounting requirement. We propose to likely able to track those disclosures of accounting to information within a explicitly list the types of disclosures protected health information within designated record set. For example, if a that are subject to the accounting defined and established record sets and business associate is a third party requirement. In contrast, under the systems more easily. administrator and maintains a copy of current Privacy Rule, § 164.528 provides An example of protected health an individual’s billing information, the that disclosures are generally subject to information that may fall outside the covered entity must coordinate with the the accounting requirement, but then designated record set is a hospital’s peer business associate to provide an lists a series of exceptions. We believe review files. If these files are only used accounting of the disclosures of this that by explicitly listing the exceptions, to improve patient care at the hospital, information. Similarly, we propose that but not the types of disclosures that are and not to make decisions about if a business associate maintains a copy subject to the accounting requirement, individuals, then they are not part of the of an individual’s medical record, then the current regulatory language may hospital’s designated record set. the covered entity would be required to make it difficult to easily and readily Another example of protected health account for the business associate’s understand the types of disclosures that information that is outside the disclosure of this information. In are subject to the accounting designated record set are transcripts of contrast, a covered entity would not be requirement. Thus, our proposed rule customer calls that are used only for required to account for a business takes the opposite approach and purposes of customer service review, associate’s disclosure of information explicitly lists the types of disclosures

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that are subject to the accounting government programs providing public With respect to the remainder of requirement. benefits, and for workers’ compensation. public health disclosures (i.e., public We propose that covered entities will We believe that these are the types of health disclosures other than those continue to be required to account for disclosures for which individuals are related to reports of child abuse or disclosures that are impermissible more likely to have a significant legal or neglect), we request comment on under the Privacy Rule. While personal interest. whether there are other categories of individuals will learn of most We have proposed to continue to public health disclosures that warrant impermissible disclosures through the include disclosures for public health an exception because such disclosures Breach Notification Rule at § 164.404, purposes because, although some public may be of limited interest to individuals we expect that some individuals will be health disclosures are population-based and/or because accounting for such interested in learning of impermissible and may have limited impact on disclosures may adversely affect certain disclosures that did not rise to the level individuals, other public health population-based public health of a breach (e.g., because the disclosure disclosures, such as those related to activities, such as active surveillance did not compromise the security or targeted public health investigations, programs. We also request comment on privacy of the protected health may be very specific to an individual whether the complexity of carving out information). This ensures that covered and could have significant such public health disclosures would entities and business associates consequences to the individual. As lead to too much confusion among maintain full transparency with respect discussed below, if a public health individuals and covered entities. to any impermissible disclosures by disclosure is also required by law, it We expect that individuals may have allowing a means (either through receipt would not be subject to the proposed a significant interest in learning of of a breach notice or by requesting an accounting requirement. For example, if disclosures for judicial and accounting) for individuals to learn of a disclosure to a public health authority administrative proceedings, law all ways in which their designated regarding a communicable disease is enforcement, and to avert a serious record set information has been required by law, the covered entity threat to health or safety because such disclosed in a manner not permitted by would not need to account for the disclosures may significantly impact the Privacy Rule. disclosure. In contrast, if a disclosure individuals’ legal interests. We thus We propose to exempt from the regarding an individual’s communicable propose to continue to require that accounting requirement impermissible disease is authorized, but not required, covered entities account for such disclosures in which the covered entity by law (meaning that it is at the disclosures. (directly or through a business discretion of the covered entity), then We propose to continue to require associate) has provided breach notice. the covered entity would be required to covered entities and business associates We do not believe it is necessary to account for the disclosure. to account for disclosures for military require the covered entity or its business Within public health disclosures, and veterans activities under associates to account for such however, we are proposing to exempt § 164.512(k)(1) and for purposes of the disclosures since the covered entity has from the accounting reports of child Department of State’s medical already made the individual aware of abuse or neglect to a public health suitability determinations under the impermissible disclosure through authority or other appropriate § 164.512(k)(4) because such disclosures the notification letter required by the government authority authorized by law may have significant employment and Breach Notification Rule. The breach to receive such reports, as permitted benefits consequences to the individual, notification requirement serves the same under § 164.512(b)(1)(ii). Since the such as a determination that an purpose as the accounting requirement, initial compliance date of the Privacy individual is not medically able to but it is much more rigorous in that it Rule, a number of entities have raised perform an assignment or mission or not is an affirmative duty on the covered concerns about the potential harm a eligible for certain veteran’s benefits. In entity to notify the individual of an covered entity or the members of its addition, we propose to continue to impermissible disclosure in a more workforce may suffer as a result of apply the accounting requirements to timely and detailed manner than the having to account to a parent or disclosures to government programs accounting for disclosures. Nonetheless, guardian for its reporting to authorities providing public benefits under covered entities are free to also include of suspected child abuse or neglect. § 164.512(k)(6) and for workers’ in the accounting disclosures for which While the current Privacy Rule at compensation purposes under breach notification has already been § 164.502(g)(5)(i)(B) provides that a § 164.512(l) because such disclosures provided to the individual if they covered entity may elect not to treat a may adversely affect an individual’s choose to do so. We request comment person as an individual’s personal claim or benefits. on the burdens on covered entities and representative when the covered entity As previously stated, the proposed benefits to individuals associated with reasonably believes that doing so could rule explicitly lists the types of also receiving an accounting of endanger the individual, a covered disclosures that are subject to the disclosures that includes information entity does not have the same discretion accounting requirement, rather than the provided in accordance with the breach when it believes its actions could previous approach of listing the types of notification requirement. instead endanger the reporter. Thus, we disclosures for which an accounting was We also propose to continue to believe it prudent to exempt such not required. Despite this change in include in the accounting requirement disclosures from the accounting regulatory approach, the following disclosures for public health activities requirement. Further, it is our disclosures continue to be excluded (except those involving reports of child understanding that the reporting of from the accounting requirement: (i) To abuse or neglect), for judicial and suspected child abuse or neglect is individuals of protected health administrative proceedings, for law generally mandated by law and thus, information about them as provided in enforcement activities, to avert a serious would nonetheless be exempt from the § 164.502; (ii) incident to a use or threat to health or safety, for military accounting under our proposal disclosure otherwise permitted or and veterans activities, for the (described below) to exempt from the required by the Privacy Rule, as Department of State’s medical accounting most disclosures that are provided in § 164.502; (iii) pursuant to suitability determinations, to required by law. an authorization as provided in

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§ 164.508; (iv) for the facility’s directory based on the public comment we occurred; contact information for the or to persons involved in the receive. researcher and research sponsor; and a individual’s care or other notification First, we are proposing to exclude statement that the protected health purposes as provided in § 164.510; (v) from the accounting requirement information of the individual may or for national security or intelligence disclosures related to reports of adult may not have been disclosed for a purposes as provided in § 164.512(k)(2); abuse, neglect, or domestic violence particular protocol or research activity. (vi) to correctional institutions or law under § 164.512(c). As with the proposal If it is reasonably likely that the enforcement officials as provided in to exclude disclosures for child abuse protected health information of the § 164.512(k)(5); (vii) as part of a limited reporting, we have concerns that individual was disclosed for a particular data set in accordance with § 164.514(e); accounting for such disclosures could research protocol or activity, the Privacy or (viii) that occurred prior to the endanger the reporter of the abuse. Rule requires that the covered entity compliance date for the covered entity. Further, the Privacy Rule at assist in contacting the researcher and How these exceptions are treated for § 164.512(c)(2) requires the covered research sponsor, if requested by the purposes of the access report is entity to promptly inform the individual individual. See § 164.528(b)(4)(ii). discussed below. Disclosures to carry that an abuse or domestic violence Therefore, under the current rule, an out treatment, payment and health care report has been or will be made to the individual that requests an accounting operations as provided in § 164.506 proper authorities unless doing so may of disclosures will receive a specific would continue to be exempt for paper endanger the individual. Thus, in most accounting of certain disclosures (for records. However, in accordance with cases, the individual will be example, disclosures for research section 13405(c) of the HITECH Act, an affirmatively notified of such studies involving less than 50 individual would be able to obtain disclosures by the covered entity, which individuals) and a potentially large information (such as the name of the obviates the need for the disclosures to protocol listing of studies that may or person accessing the information) for all be included in an accounting. may not include the individual’s access to electronic protected health In this proposed rule, we are also protected health information. The information stored in a designated considering removing from the individual would not be notified of record set for purposes of treatment, accounting requirement disclosures for certain disclosures of protected health payment and health care operations. research under § 164.512(i), which information for research (such as We also request comment on whether includes research where an Institutional research in which the individual the Department should exempt from the Review Board (IRB) or Privacy Board specifically authorized release of accounting requirements certain has waived the requirement for protected health information). In this categories of disclosures that are individual authorization because, proposed rule, we are considering currently subject to the accounting. In among other reasons, it determined that whether to exempt covered entities from particular, for the reasons discussed the study poses no more than a minimal having to provide an accounting of below, we are proposing to exclude risk to the privacy of individuals and disclosures for research, including disclosures about victims of abuse, the waiver is needed to conduct the through a protocol listing. Rather, the neglect, or domestic violence under research.2 Because such research may individual would continue to receive § 164.512(c); disclosures for health involve thousands of medical records notice through the notice of privacy oversight activities under § 164.512(d); and the burden to account for each practices that protected health disclosures for research purposes under disclosure may have a chilling effect on information may be used or disclosed § 164.512(i); 1 disclosures about important areas of study, the current for research, and the covered entity decedents to coroners and medical Privacy Rule includes a simplified would only be able to disclose the examiners, funeral directors, and for accounting requirement for larger individual’s protected health cadaveric organ, eye, or tissue donation studies. In particular, the Privacy Rule information for research under limited purposes under § 164.512(g) and (h); allows a covered entity to provide circumstances (such as based on the disclosures for protective services for individuals with a protocol listing individual’s authorization or an IRB/ the President and others under describing the research protocols for Privacy Board finding that the research § 164.512(k)(3); and most disclosures which the individual’s protected health poses no more than a minimal risk to that are required by law (including information may have been disclosed, the individual’s privacy). disclosures to the Secretary to enforce rather than an individualized The Department is considering the HIPAA Administrative accounting of each actual disclosure, for excluding research disclosures from the Simplification Rules). Note, however, to studies involving 50 or more accounting requirements because, even the extent such disclosures are made individuals. The protocol listing must though the Privacy Rule includes this through direct access to electronic include the name of the protocol or simplified accounting option for designated record set information, such other research activity; a plain language research disclosures to large studies, the disclosures will be recorded and description of the research; a brief Department continues to hear concerns available to the individual in an access description of the types of protected from the research community regarding report under proposed § 164.528(b). We health information that were disclosed; the administrative burden of the request comment on our proposal to the date or period of time during which accounting requirements and the exclude these categories from the such disclosures occurred or may have potentially resulting chilling effect the accounting of disclosures requirements, requirements have on human subjects including comment on the rationales 2 Section 164.512(i) also permits uses and research. For example, the Secretary’s expressed below, and will revisit these disclosures for research without an individual’s Advisory Committee for Human authorization where access to protected health exclusions in drafting the final rule information is sought solely to review the Research Protections (SACHRP) in its information as necessary to prepare a research September 2004 letter to the Secretary 1 Disclosures of limited data sets for research protocol or for similar purposes and no protected recommended that the Department purposes under § 164.514(e) and disclosures for health information is to be removed from the exempt research disclosures from the research purposes pursuant to an individual’s covered entity by the researcher in the course of the accounting requirements altogether. authorization under § 164.508 are currently exempt review or where access is being sought solely for from the accounting requirements and would not be research on the protected health information of SACHRP indicated that a research impacted by this proposal. decedents. protocol listing may be very extensive at

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larger institutions and the requirement protected health information about less This limited provision permits a for a covered entity to assist individuals than 50 individuals and for which a covered entity to disclose protected in contacting the researchers and specific accounting is currently health information about a decedent in research sponsors places an required, and the burdens on cases where there was no prior HIPAA unreasonable burden on covered researchers and covered entities to authorization to organ procurement entities. SACHRP further indicated that, provide the requested accountings of organizations or other entities engaged since the accounting requirements apply disclosures. Further, we seek public in the procurement, banking, or only to research ‘‘disclosures’’ and not comment on alternative ways that we transplantation of cadaveric organs, ‘‘uses,’’ whether access by researchers could provide the individual with eyes, or tissue for the purpose of within institutions to protected health information about the covered entity’s facilitating organ, eye, or tissue information must be accounted for research disclosures, such as the IOM’s donation and transplantation. The depends entirely on whether the recommendation for a list of all IRB/ provision is intended to avoid putting researchers are workforce members Privacy Board approved studies, or covered entities in the position of (uses) or physicians with staff privileges whether other types of documentation having to request consent from grieving (disclosures), which is an ‘‘artificial’’ about the research could be provided to families with respect to donation of distinction. See Appendix A to the individual in a manner that is organs of a deceased loved one before a SACHRP’s September 27, 2004 letter to potentially less burdensome on covered determination has been made that the Secretary, available at http:// entities but still sufficiently valuable to donation would be medically suitable. www.hhs.gov/ohrp/sachrp/ individuals. We will assess how to best Given the circumstances and limited appendixa.html. provide information regarding research nature of the disclosure, and because we Similarly, in a report on ways to disclosures to individuals based on anticipate that families will be involved enhance privacy and improve health these comments. in the decision process with respect to through research, the Institute of We note that, as mentioned above, the donation, we propose to exclude Medicine (IOM) concluded that the under proposed § 164.528(b), an these disclosures from the accounting. Privacy Rule’s current accounting individual would still be able to request We request comment on this proposal. provision for research disclosures places an access report from the covered entity, We are proposing to exclude most a heavy administrative burden on health which would include access for disclosures that are required by law systems and health services research but research purposes to electronic because these disclosures are often achieves little in terms of protecting designated record set information by population based rather than related to privacy. Beyond the HIPAA Privacy workforce members and others, such as a specific individual, because they often Rule: Enhancing Privacy, Improving physicians with staff privileges reflect a determination by a state Health through Research, Institute of (although such electronic access would legislature or other government body Medicine of the National Academies not be labeled as research). rather than a discretionary decision of a p. 51 (2009) (available at http:// We also propose to not include covered entity or business associate, and www.iom.edu). The IOM report disclosures for health oversight because we believe it is reasonable to recommended that the Department activities under § 164.512(d). Such assume that individuals are aware that revise the Privacy Rule to exempt disclosures primarily are population- their health information will be disclosures made for research from the based or event triggered and thus relate disclosed where mandated by law. Privacy Rule’s accounting requirement. to the covered entity, rather than the Further, individuals are generally As an alternative, the IOM suggested individual (if an investigation is focused informed that a covered entity may that all institutions should maintain a on the individual rather than the disclose an individual’s protected list, accessible to the public, of all covered entity, then the Privacy Rule at health information when required to do studies approved by an IRB/Privacy § 164.512(d)(2) generally treats the so by other law through a covered Board. investigation as for law enforcement entity’s notice of privacy practices. While acknowledging these concerns, rather than health oversight, which Based on comments received, we have the Department notes that it does not means that the disclosure would be been informed that accounting for these have sufficient information regarding subject to the proposed accounting nondiscretionary disclosures represents the actual burden, as well as the utility, provision). Such disclosures are also a significant administrative burden on of providing the current accounting of often routine, to a government agency, covered entities. Thus, we propose that research disclosures to individuals (i.e., and required by law. For these reasons, disclosures made under § 164.512(a)(1) a specific accounting of disclosures for we do not believe the potential burden of the Privacy Rule need not be research studies where the disclosures on a covered entity or business associate included in an accounting in order to involved less than 50 individuals and a to account for what may be voluminous lessen this administrative burden. protocol listing of studies where the disclosures of records is balanced by In addition, in paragraph (a)(1)(ii), we disclosures involved 50 or more what is likely not a strong interest on propose to make clear that most individuals). We thus solicit public the part of individuals to learn of such disclosures that fall under paragraph comment on the value of the current disclosures. We request comment on (a)(1)(i) (i.e., are for a purpose that accounting for research disclosures to these assumptions. would otherwise be subject to the individuals who have used or might in In addition, we are proposing to not accounting) but that are also required by the future request such an accounting, include disclosures about decedents to law do not require an accounting. For including comments on what may be coroners, medical examiners, and example, if a disclosure to a public the most important/useful elements of funeral directors under § 164.512(g) health authority or for workers’ the current accounting to individuals. because we believe that such types of compensation is required by law (rather We also ask covered entities to provide disclosures are relatively routine, than merely authorized by law), then data regarding the number of protocols expected, and do not raise significant the covered entity or business associate that would typically be included in a privacy concerns. Similarly, we propose is not required to include such a protocol listing, the nature and number to exclude disclosures about decedents disclosure in a requested accounting. of smaller research studies that involve for cadaveric organ, eye, or tissue We propose, however, that covered the disclosure by the covered entity of donation purposes under § 164.512(h). entities and business associates account

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for disclosures for judicial and the approximate period of time is information about the types of protected administrative proceedings and for law sufficient (e.g., for numerous health information that were the subject enforcement purposes, even when such disclosures, ‘‘December 2010 through of the disclosure. disclosures are required by law. This is August 2011,’’ or ‘‘monthly between We are proposing at paragraph consistent with our general treatment of December 2010 and present’’). An exact (a)(2)(i)(D) that the accounting include a such disclosures under § 164.512(a)(2), start date and end date would not be brief description of the purpose of the where we provide that a disclosure that required. disclosure. We are proposing to change is required by law but that also falls Note that, under our proposal, a time the current language from ‘‘statement’’ to within the law enforcement or judicial period of multiple months is permitted ‘‘description’’ to make clear that only a and administrative proceeding for multiple disclosures to the same minimum description is required if it provisions at § 164.512(e) and (f) must recipient for the same purpose, but not reasonably informs the individual of the meet the latter’s requirements. As a single disclosure. Accordingly, a purpose. For example, ‘‘for public indicated above, we believe that single disclosure in February 2010 health’’ or ‘‘in response to law disclosures for law enforcement could not be described as ‘‘between enforcement request’’ is sufficient. We purposes and judicial and January 2010 and May 2010.’’ In propose to retain the language administrative proceedings directly contrast, three disclosures that began in indicating that a copy of a written implicate an individual’s legal and/or January 2010 and ended in May 2010 request may be substituted for a personal interests and thus believe the could be described as ‘‘between January description of the purpose of the individual should have a right to learn 2010 and May 2010.’’ disclosure. When a written request of such disclosures. Further, we clarify that the date of provides more information than the If a covered entity has been subject to disclosure may be descriptive, rather description in the accounting, we the Privacy Rule for less than three than a specific date. For example, the encourage the covered entity to provide years, then the covered entity only need accounting may provide that a a copy of the request to better inform the account for the period of time during disclosure to a public health authority individual of the circumstances ‘‘ ’’ which the covered entity was subject to was within 15 days of discharge or surrounding the disclosure. the Rule. ‘‘the fifth day of the month following Although individuals would have a discharge.’’ 2. Implementation Specification: We propose at paragraph (a)(2)(i)(B) right to an accounting of all of the Content of the Accounting that the accounting must include the included disclosures occurring within Currently, the Privacy Rule at name of the entity or natural person the three years prior to the request, in § 164.528(b)(2) requires an accounting of who received the protected health paragraph (a)(2)(ii) we propose to disclosures to include the date of information and, if known, their require that covered entities provide disclosure, name and (if known) address address. This conforms to the current individuals the option of limiting the of the recipient, a brief description of regulatory language. We are proposing accounting to a particular time period, the type of protected health information an exception, however, for when type of disclosure, or recipient. We disclosed, and a brief statement of the providing the name of the recipient believe that such options are in the best purpose of the disclosure. We are would itself represent a disclosure of interests of both the individual and the proposing to maintain these elements, protected health information about covered entity. Often, individuals are but with some minor modifications. another individual. For example, if a only interested in learning of We are proposing at paragraph physician’s office mistakenly sends an disclosures that occurred over a limited (a)(2)(i)(A) that a covered entity or appointment reminder to the wrong period of time, such as a particular business associate need only provide an patient (and determines that the episode of care or within the past few approximate date or period of time for impermissible disclosure does not months. In such cases, the individual is each disclosure, if the actual date is not require breach notification because it not well served by receiving an known. At a minimum, the approximate does not compromise the privacy or accounting that covers three years. date must include a month and year or security of the information), then the Similarly, if an individual is only a description of when the disclosure accounting may indicate that the interested in learning of whether certain occurred from which an individual can disclosure was to ‘‘another patient.’’ We types of disclosures have been made readily determine the month and year of believe that the alternative of providing (such as to law enforcement) or if a the disclosure. Thus, the accounting the name of the recipient in this particular person or entity received the may include the specific date of a example would unnecessarily disclose individual’s information, then it is in disclosure (e.g., December 1, 2010), a the protected health information of the both the individual’s and covered month and year (e.g., December 2010), recipient by demonstrating that the entity’s interests to limit the accounting or an approximate time range (e.g., recipient is also a patient of the to the relevant information. between December 1, 2010 and physician practice. Additionally, as in the current Privacy December 15, 2010). As with the current accounting Rule, an individual may be required to The Privacy Rule currently provides, requirement of the Privacy Rule, we are pay for an accounting of disclosures if at § 164.528(b)(3), that for multiple proposing at paragraph (a)(2)(i)(C) that the covered entity has already provided disclosures of protected health the accounting must include a brief the individual with an accounting information to the same person or entity description of the protected health within the prior twelve months. The for the same purpose, the accounting information that was disclosed. We have individual should not have to pay for an may provide all of the information proposed a slight revision to the accounting report that covers a three- required by paragraph (b)(2) for the first regulatory language, replacing ‘‘a brief year period if the individual is trying to disclosure; the frequency, periodicity, or description of the protected health learn of disclosures that occurred over number of disclosures during the information disclosed’’ with ‘‘a brief a more limited period of time. Similarly, accounting period; and the date of the description of the type of protected we expect that a covered entity can last disclosure. We instead propose that, health information disclosed.’’ This significantly reduce the cost of for multiple disclosures to the same change is intended to reflect that the generating an accounting of disclosures person or entity for the same purpose, accounting is only required to provide by narrowing the scope of the report to

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that which is of interest to the covered entities have needed to collect the individual. If the individual asks for individual. the information necessary for an an electronic copy of the accounting but Covered entities are permitted to also accounting (including from business does not want the file to be encrypted offer other options to individuals for associates) and to generate an or password protected, then the covered how to limit an accounting request. For accounting of disclosures. entity should provide the electronic example, a covered entity may provide Additionally, we are proposing that copy without such protections. The the individual with the option to limit the covered entity must provide covered entity is not responsible or the accounting of disclosures to individuals with the accounting in the liable for the information once it is in disclosures by a specific organization, form (e.g., paper or electronic) and the individual’s possession. such as disclosures by the covered format (e.g., compatibility with a We also propose to clarify that a entity or disclosures by a particular specific software application) requested covered entity may require individuals business associate.3 by the individual if readily producible to make a request for an accounting in in such form and format. We expect that writing (which includes electronic 3. Implementation Specification: many individuals will prefer an requests) provided that the covered Provision of Accounting electronic copy of an accounting, entity informs individuals of such a In paragraph (a)(3), we are proposing especially if the accounting includes a requirement. This same language is requirements regarding the provision of large number of disclosures or if the currently found in § 164.524 (access of an accounting of disclosures, such as individual may be charged for the individuals to protected health the timeframe for providing the accounting and an electronic copy information) and § 164.526 (amendment accounting, the form of the request, and would cost less. If an individual of protected health information). We permissible charges for an accounting. requests the accounting in electronic encourage covered entities to create We are proposing three modifications to form and the covered entity is readily forms for individuals to request an the existing regulatory requirements: (a) able to produce an electronic accounting that inform individuals of Decreasing the permissible response accounting, then the covered entity the information that will be included time from 60 days to 30 days; (b) must do so. Additionally, if an and allow individuals to narrow the requiring that covered entities provide individual requests a particular format, request based on their interests (such as individuals with the accounting in the such as a PDF file or a format by allowing individuals to request form and format requested by the compatible with a particular word disclosures over a certain period of individual if readily producible (e.g., an processor, the covered entity should time, to a certain recipient, or for a electronic copy of the accounting); and provide the accounting in such format if certain purpose). We believe that it is in (c) clarifying that the covered entity may readily producible. If the requested form both the covered entity’s and require the individual to submit the and format is not readily producible, individual’s best interests to use written accounting request in writing. then a covered entity may provide a requests to narrow accountings, so that We are proposing to reduce the hard copy of the accounting or the the individual only receives the timeframe for responding to an parties may try to determine if another information of interest, and the covered accounting from 60 days to 30 days. form and format is acceptable. Unlike entity does not have the administrative While we have received anecdotal the access report discussed below, we burden of responding to overly broad evidence that responding to an do not propose to require that the requests. accounting request may take a accounting of disclosures be provided in Finally, we continue to provide that significant number of hours, we have electronic form, unless it is readily the covered entity may not charge for not received information suggesting that producible in such form, because we the first request for an accounting in a it normally takes more than 30 days to understand that generating an 12-month period, but may charge a respond. Additionally, because we are accounting for disclosures is still a very reasonable and cost-based fee for reducing the scope of the accounting to manual process and the accounting providing an accounting in response to designated record set information and provision applies to both electronic and subsequent requests in the 12-month the length to three years, we believe that paper records. However, where covered period (which may include the a 30-day period is appropriate. In the entities are able to do so (and the reasonable costs of including rare cases where it may take more than individual has not specifically disclosures by business associates). The 30 days to respond, we are proposing to requested a paper copy), we strongly proposed rule requires the covered retain the availability of a 30-day encourage them to provide the entity to inform the individual at the extension. We request comment on individual with a machine readable or time of the first accounting request that whether a shorter 30-day deadline, with other electronic copy of the accounting. all subsequent requests in the 12-month a single 30-day extension, will As explained further below, we consider period may be subject to a fee. The significantly benefit individuals and machine readable data to mean digital proposed rule also requires the covered whether it will place an unreasonable information stored in a standard format entity to inform the individual of the fee burden on covered entities. Specifically, enabling the information to be at the time of the subsequent request we request comment on how long processed and analyzed by computer. and to provide the individual with an We request comment on the burdens opportunity to withdraw or modify the 3 We note that proposed § 164.528(b)(2)(ii), associated with providing electronic request in order to avoid or reduce the discussed below, specifically states that a covered formats as requested by individuals, fee. entity may provide the individual with the option machine readable or otherwise. to limit the access report to a specific organization. As with other communications to the 4. Implementation Specification: Law We have not included similar language in the individual, the covered entity must Enforcement and Health Oversight accounting provision because we expect it will be Delay less likely that individuals will be interested in implement reasonable and appropriate limiting their accounting requests in this fashion. safeguards to deliver a copy of the In paragraph (a)(4), we are proposing The lack of this regulatory language in accounting to the individual. However, to retain the requirement for covered § 164.528(a)(2)(ii) should not be interpreted as prohibiting covered entities from offering what is reasonable and appropriate will entities to delay the provision of an individuals the option to limit their accounting vary based on the capabilities of the accounting of disclosures based on an request by organization. covered entity and the preferences of ongoing law enforcement investigation.

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This request for delay by law an accounting of disclosures for more access report (including data from enforcement is not subject to challenge. than three years. Of course, covered business associates’ systems). We also clarify in the proposed rule that entities and business associates may This proposed right to an access if law enforcement requests a delay, a choose to retain this information longer report would implement section covered entity shall still account for all based on other legal requirements or 13405(c) of the HITECH Act by other disclosures in accordance with internal policies. Second, we are providing individuals with information § 164.528(a) and shall supplement the revising the regulatory language to about disclosures through an electronic accounting with information about the clarify that a covered entity must retain health record (EHR) for treatment, law enforcement disclosures upon a copy of the accounting provided to the payment, and health care operations. expiration of the requested law individual, and not the original While the HITECH Act provision only enforcement delay. We propose to no accounting document. Accordingly, addresses ‘‘disclosures’’ and refers to an longer include a delay for a health under the proposed rule, a covered EHR, we are exercising our discretion oversight investigation since we are entity must maintain the documentation under the more general HIPAA statute proposing that disclosures for health necessary to generate an accounting of to expand this right to uses of oversight activities are no longer subject disclosures for three years (rather than information (e.g., electronic access by to the accounting requirements. for the six-year retention period that is members of a covered entity’s or set forth at § 164.530(j)), must retain a business associate’s workforce) and to 5. Implementation Specification: all electronic protected health Documentation copy of any accounting that was provided to an individual for six years information about an individual in any We propose at paragraph (a)(5) to from the date the accounting was designated record set. We note that this revise the documentation requirements provided, and must retain access report will not encompass all for the accounting of disclosures. The documentation of the designation of electronic disclosures of protected current rule provides that covered who is responsible for handling health information for purposes of entities must document and retain the accounting requests for six years from treatment, payment, and health care information necessary to generate an the last date the designation was in operations. Section 13405(c) is limited accounting of disclosures, a copy of the effect. to disclosures ‘‘through an electronic written accounting that is provided to health record’’ and does not encompass the individual, and the titles of the B. Right to an Access Report—Section electronic disclosures outside of the persons or offices responsible for 164.528(b) EHR. Similarly, the proposed access receiving and processing requests for an 1. Standard: Right to an Access Report report will capture information each accounting by individuals in accordance time electronic protected health with § 164.530(j). Section In addition to the right to an information in a designated record set 164.530(j)(1)(ii) provides that if the accounting of disclosures, we are information is accessed, and therefore Privacy Rule requires a communication proposing to provide individuals with a will capture each disclosure through an to be in writing, then the covered entity right to receive an access report that electronic designated record set (by must maintain the writing or an indicates who has accessed their capturing information about who electronic copy of the writing as electronic designated record set accessed the electronic designated documentation. Similarly, information (this right does not extend record set), but will not capture § 164.530(j)(1)(iii) provides that if the to access to paper records). In the below electronic disclosures of protected Privacy Rule requires an action, activity, discussion of the proposed right to an health information that occur outside of or designation to be documented, then access report, we refer to both ‘‘access electronic designated record set the covered entity must maintain a logs’’ and ‘‘access reports.’’ For purposes systems. written or electronic record of such of this discussion, the access log is the We propose to expand this privacy action, activity, or designation. Section raw data that an electronic system right beyond the statutory provision for 164.530(j)(2) provides that any containing protected health information a number of reasons. First, we believe documentation required under collects each time a user (as the term is that individuals are interested in § 164.530(j)(1) be retained for six years defined in the Security Rule at learning who has accessed their from the date of its creation or the date § 164.304) accesses information. The information without regard to whether when it was last in effect, whichever is access report is a document that a the access is internal (a use) or by a later. Accordingly, under the current system administrator or other person outside the covered entity and rule, a covered entity must maintain for appropriate person generates from the its business associates (a disclosure). We six years the information necessary to access log in a format that is believe that the inclusion of both uses generate an accounting of disclosures, understandable to the individual. and disclosures in the access report the written accounting that is provided We note that an access log also may significantly increases the benefits to to an individual, and the designation of commonly be referred to as an ‘‘audit individuals by providing a more the persons or offices responsible for trail’’ or ‘‘audit log’’ and an access report complete picture of who has accessed receiving and processing accounting is similar to an ‘‘audit report.’’ We do not their information. We do not believe requests. In the case of the designation use the terms audit trail or audit log in that the inclusion of ‘‘uses’’ of of who is responsible for handling order to distinguish the access report designated record set information in the accounting requests, the covered entity from documents that are generated by access report represents an must retain the designation for six years organizations for their internal auditing unreasonable burden on covered entities from the date when it was last in effect. purposes. and business associates. In response to We are proposing two changes to the We also note that a covered entity will our RFI, most covered entity documentation requirements. First, usually have electronic designated commenters indicated that their system because we are proposing to reduce the record set information in multiple is unable to automatically distinguish accounting period from six years to systems which each maintain separate between uses and disclosures of three years, we do not believe there is access logs. Our expectation is that data information. Accordingly, the inclusion a need to retain information that is from each access log will be gathered of all access, rather than only access that solely being retained in order to provide and aggregated to generate a single represents a disclosure, may actually be

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less burdensome on covered entities and therefore, should be able to provide this We do not believe that the proposed business associates than the alternative information to individuals in response language will place an unreasonable of configuring systems to distinguish to requests. burden on business associates. Under between uses and disclosures of We believe that the administrative § 164.314(a)(2)(i)(A) of the current information. burden on covered entities who are Security Rule, covered entities are We have included all electronic complying with the HIPAA Security required to include in their business protected health information in a Rule will be reasonable, in light of their associate agreements the requirement designated record set, rather than only existing obligation to log access to that the business associates maintain EHR information, because we believe electronic protected health information. reasonable and appropriate that this greatly improves transparency Section 164.312(b) of the Security Rule administrative, physical, and technical and better facilitates compliance and (Standard: Audit Controls) currently safeguards for electronic protected enforcement, while placing a reasonable requires covered entities to ‘‘implement health information. Such safeguards burden on covered entities and business hardware, software, and/or procedural should include the ability to determine associates. As discussed below, in mechanisms that record and examine who has accessed electronic protected accordance with the Security Rule, all activity in information systems that health information. Furthermore, electronic systems with designated contain or use electronic protected section 13401(a) of the HITECH Act record set information should be health information.’’ Therefore, systems specifically requires business associates creating access logs with sufficient with designated record set information to comply with §§ 164.308 information to create an access report. should already be configured to record (administrative safeguards) and 164.312 Regardless of whether the system activities such as when users access (technical safeguards) of the Security qualifies as an EHR, we believe that it information. Additionally, Rule. See also 75 FR 40,868, July 14, is reasonable to provide this access log § 164.308(a)(1)(ii)(D) of the Security 2010 (proposing regulatory amendments information to individuals upon their Rule (Implementation specification: to the Security Rule to require business requests. We propose to limit the access Information system activity review) associates to comply with the Rule). report requirements to electronic currently requires covered entities to Accordingly, as with covered entities, protected health information because ‘‘implement procedures to regularly business associates should have the we believe that extending the right to review records of information system ability to create an access report that paper records would place an activity, such as audit logs, access indicates who has accessed an unreasonable administrative burden on reports, and security incident tracking individual’s electronic designated covered entities since tracking such reports.’’ Accordingly, covered entities record set information. access is not an automated process and should already be logging access to We note that section 13405(c)(3) of is not currently required under the electronic protected health information the HITECH Act specifies that a covered Security Rule. and regularly reviewing reports of such entity may provide either an accounting We believe that this broader approach access. that includes disclosures by business adds clarity to compliance and We also propose to require covered associates or an accounting that is enforcement efforts by avoiding the entities to furnish access reports for limited to its own disclosures and a list need to categorize certain electronic business associates that maintain of business associates (with contact systems as EHRs. As health information designated record set information. information for each business associate). technology advances, the concept of Individuals may have the same interest Under the second option, the individual what constitutes an EHR is in a state of in learning who, at a business associate, would then need to contact each flux. A large integrated delivery system has accessed their information business associate to learn of any may have a large number of electronic (especially if the individual knows disclosures. We believe that the second systems containing designated record someone employed by the business option places an undue burden on the set information and there is no associate). In response to a request for individual. First, the individual consensus on which of those systems an access report, a covered entity must generally will not have a relationship should be considered part of the EHR. contact the business associates that with many of the business associates For example, a system may not be create, receive, maintain, or transmit and therefore may feel uncomfortable considered part of an EHR for purposes electronic designated record set contacting them. Second, some of the of Medicare and Medicaid’s meaningful information and obtain from them business associates may not even have use Stage 1, but may become part of the access reports with respect to the designated record set information and EHR under Stages 2 or 3. We believe individual’s information. As with thus may have no information to that limiting the right to an access report accounting for disclosures under provide to the individual. Accordingly, to an EHR would create too much proposed paragraph (a), a covered entity we are exercising our general authority confusion for covered entities, hinder only needs to obtain information from under the HIPAA statute to propose that our enforcement efforts, and lead to business associates that handle the covered entity’s access report confusion for individuals who seek to designated record set information (in include uses and disclosures by exercise their privacy rights. this case, electronic designated record business associates of electronic We recognize that our proposal set information). Based on our proposed designated record set information extends the right to an access report to accounting and access report provisions, maintained by the business associates, all covered entities and business and the current provision at rather than merely providing a listing of associates that maintain electronic § 164.504(e)(ii) that requires business business associates. designated record set information, associates to make available protected including covered entities and business health information in accordance with 2. Implementation Specification: associates that do not have systems that §§ 164.524 and 164.526 (which are both Content of the Access Report could be categorized as EHRs. We limited to designated record set In paragraph (b)(2), we propose that believe that this is reasonable since all information), we recommend that the access report must set forth: (a) The such covered entities and business covered entities track which of their date of access; (b) the time of access; (c) associates are required by the Security business associates have designated the name of the natural person, if Rule to maintain access logs and, record set information. available, otherwise the name of the

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entity accessing the electronic permit the access log to identify such and business associates to include in the designated record set information; (d) a access by the name of the covered entity access report a description of what use description of what information was in order to reflect that the individual’s or disclosure was ultimately made with accessed, if available; and (e) a information was accessed by one of the the information accessed or to whom description of the action by the user, if covered entity’s systems. To the extent the user provided the information. For available (e.g., ‘‘create,’’ ‘‘modify,’’ that the covered entity is able to provide example, the access report should not ‘‘access,’’ or ‘‘delete’’). We expect that more information, such as a description indicate that the user provided a copy any access report will be readily capable of the system that is accessing the of the record to law enforcement. of providing the date and time of access information, we encourage covered Unlike an accounting under and the user name, and in many cases entities to include such information. We paragraph (a) of this section, the access can also provide information about what recognize that more information than report need not include the address of information was accessed and the user’s the covered entity’s name would be the user (required under paragraph (a) action (such as create, modify, print, helpful to the individual, but we have when known) or a brief statement of the etc.). concerns about the burden on covered purpose of the disclosure. Section Our proposal would require the entities if they were to have to describe 13405(c) of the HITECH Act provides access report to include the date and each internal exchange of information that the Secretary shall only require the time of access. We expect that all access between systems in more detail. In collection of information after taking logs include this information, so we contrast, we believe individuals’ interest into account the interests of individuals believe it should be readily available for in such internal exchanges may be in learning the circumstances under inclusion in access reports without limited. We request comment on this which their protected health substantial burden to covered entities issue, particularly the burden of information is being disclosed and the and business associates. We note that providing identifying information about administrative burden of accounting for access logs will sometimes include both internal systems and the interests of such disclosures. After consideration of the start time and end time for access. individuals in learning of such internal our experience in administering the We intend for the covered entity to exchanges. Privacy Rule and the feedback we include the start time in the access We are proposing to include the received from stakeholders over the report, although covered entities are free requirement that an access report years and in response to our RFI, we do to also include the end time when it is include a description of what not propose to require these elements in available. information in the electronic designated an access report because we believe that We propose to require that covered record set was accessed, if this the burden of collecting them outweighs entities include in the access report the information is available. We recognize the interests of individuals in learning name of the natural person who is that only some access logs may collect of them. accessing the information, if available. this information, and we are not We are not requiring access reports to We recognize that some access logs may proposing at this time to require covered include the address of the user because not provide the first and last name of entities and business associates to revise we do not believe that this information the person accessing the information, their remaining systems to collect this is uniformly collected by current access but instead may rely on a user ID. In data going forward. We note that, logs and do not believe that individuals such cases we expect, however, that a because an access report will often have sufficient interest in this covered entity can readily match a user reflect the access logs of various information to warrant adding it. While ID with a first and last name. We do not systems, an access report may include some access to electronic designated set propose specific requirements as to how some entries that identify what information will occur outside of a covered entities create their access information was accessed, while other covered entity’s facility (including reports. Accordingly, a covered entity is entries may leave this field blank. access granted to persons who are not free to modify their systems (if While we recognize that it may be members of the covered entity’s necessary) to readily produce the first helpful to individuals to learn what workforce) we expect that most access and last name of each user who accesses information was accessed, we believe occurs at the covered entity’s facility, designated record set information, or that it would be unreasonable to require meaning that the address would be that may instead choose to perform a match all covered entities and business of the facility. We do not expect that between each user ID and name only in associates to modify all of their most individuals have a strong interest response to a request for an access electronic designated record set systems in learning where their information was report. to collect this information, especially in accessed, especially where it is mostly We note that in some circumstances light of the relatively small number of accessed at the facility. Rather, we an access log may only capture the accounting requests that most covered expect that individuals are far more name of an entity, rather than a natural entities have received to date. We interested in learning who accessed person. For example, when information request comment on the availability of their information rather than where it from an EHR is exchanged with an this information in current access logs, was accessed. We request comment on organization outside of the covered the importance of the information to the potential burden to covered entities entity, the access log may capture only individuals, and the potential and potential benefit to individuals of the name of the organization receiving administrative burden of requiring that requiring the access report to include the information. In such cases, when the access reports include a description of address information that indicates name of a natural person is unavailable, what information was accessed. where the access occurred. the name of an entity that is outside of Lastly, we propose to require that the We are not proposing to require that the covered entity or business associate access report include a general access reports include a description of will suffice. description of the action taken by the the purpose of the access. In response to Additionally, we recognize that an user with respect to the record, if our RFI, a majority of commenters electronic designated record set system available, such as whether the user indicated that we should not require may exchange data with another created, modified, deleted, or merely that an accounting of disclosures for electronic system within the accessed the record. This provision is treatment, payment, and health care organization. In such cases, we would not intended to require covered entities operations include the purpose of the

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disclosure. Commenters stated that this with respect to tracking the purpose of existing information systems. Covered information is not currently captured each access to electronic designated entities and business associates who are when protected health information is record set information, we believe that compliant with the Security Rule or accessed, and requiring the information the substantial burden on all covered their business associate agreements would represent a significant disruption entities and business associates should already be logging the of workflow. The majority of significantly outweighs the benefits to a information necessary for an access commenters also indicated that relatively small number of individuals report and should be able to generate individuals did not have a good who would seek to find out why their such a report. As noted earlier, we understanding of terms such as ‘‘health information was accessed. We note that, recognize that electronic designated care operations.’’ A minority of with respect to the disclosures that we record set information will often reside commenters (approximately 20%, believe to be of most interest to in a number of distinct systems that representing consumers and covered individuals (such as impermissible maintain separate access logs. There entities) indicated that inclusion of the disclosures for which the individual did may be significant burden in aggregating purpose of the disclosure is essential to not receive breach notification or this data into a single access report. a meaningful accounting. In addition to disclosures to law enforcement of However, we believe that this the RFI, we have received anecdotal designated record set information), the administrative burden is reasonable in reports that identifying the purpose of a individual would have the right to a full light of the interests of individuals in disclosure is sometimes important, but accounting under paragraph (a). We learning who has accessed their that more often individuals are most request comment on our proposal to not protected health information. interested in learning who has accessed require covered entities and business Additionally, the burden of generating their information. associates to include a description of the access reports will be directly After consideration of the input that purpose of access in access reports. proportionate to the interests of we received in response to the RFI and We note that we have not proposed individuals; if few individuals request our experience in administering the that the access report include the access reports, then covered entities will Privacy Rule, we believe the burden on ultimate recipient of the electronic rarely need to undertake the burden of covered entities and business associates protected health information, unless the generating an access report. We request in identifying the purpose of each recipient is the natural person or entity comment on the above conclusions. access to electronic designated record with direct access to the electronic In paragraph (b)(2)(ii), we are set information significantly outweighs protected health information (see proposing to require covered entities to the benefit to individuals of learning of clarification above regarding provide individuals with the option to such information. In almost all cases, documenting action by the user in the limit the access report to a specific date, covered entities and business associates access report). We believe that this time period, or person. For example, an would need to modify existing systems information, as well as the purpose of individual may request that the access in order to add the ability to track why the access, is generally not captured by report be limited to whether a specific a user is accessing electronic designated systems currently available today. As person (such as a family member) record set information. These such, we have not proposed the same accessed the individual’s electronic modifications would represent exceptions as for the accounting of designated record set information over a significant time and cost. Once the disclosures requirement (e.g., for a law specific time period (such as within the modifications are made, requiring users enforcement delay, or for reports to a last two months). We believe that this to input their reason for accessing government agency of suspected child requirement will prove beneficial to electronic protected health information abuse), since information that may merit both individuals and covered entities. It would represent a significant disruption an exception would not be included will be beneficial to individuals by to existing workflow. The cumulative within the access report.4 Even if such allowing them to better focus on effect of requiring an extra step each exceptions were included, it is not clear information of interest. If an individual time a user accesses electronic to us that there would be a practical way is only interested in learning of whether designated record set information would in which to identify the excepted a particular person accessed the be substantial. Furthermore, because accesses in order to exclude them from individual’s health information over a there would be no similar requirement the access report, again because the specific time period, there is no reason to track the reason each time paper purpose and ultimate recipient are not for the individual to receive a records are viewed, such a proposal recorded. We request comment on our voluminous access report filled with could represent a significant assumption that systems do not record other information. disincentive to adoption of EHR information about the purpose of the Similarly, we believe this requirement technology. access and ultimate recipient of the will prove beneficial to covered entities In contrast to the burden on all information within audit logs. We by minimizing the information that the covered entities and business associates, additionally request comment on ways covered entities need to collect. We we believe the benefit to individuals in which such accesses, if excepted expect that audit systems can readily would be modest. To date, we from the access report, could be produce an access report limited in this understand there have been relatively identified and excluded in an fashion. Therefore, we believe that it few requests for accountings of automated way. would be an unnecessary use of the disclosures. While the availability of Based on the above, we expect that covered entity’s and business associates’ access reports may lead to an increased the proposed right to an access report resources to create a broad access report number of requests, we would continue will require minimal, if any, changes to when the individual is only seeking to expect that only a small minority of very specific information. individuals would exercise this right. Of 4 We note that to the extent a covered entity We are recommending—although not those requests, we expect that many nonetheless has a reasonable belief that providing requiring—that covered entities offer individuals would only be interested in certain information in the access report to a individuals the option to limit the personal representative of an individual could learning who accessed their endanger the individual, it may elect not to provide access report to specific organizations. information, without regard to why the the information pursuant to § 164.502(g)(5) of the For example, if the individual is not information was accessed. Accordingly, Privacy Rule. interested in learning of access at

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business associates, there is no reason producible in such form and format; or, individual’s best interests to use written for the covered entity to contact if not, in a readable electronic form and requests to narrow access reports, so business associates to obtain their format as agreed to by the covered entity that the individual only receives the access reports. Conversely, if the and the individual. If the individual information of interest, and the covered individual is interested in learning does not agree to accept the readable entity does not have the administrative about access at a particular business electronic format that is readily burden of responding to an overly broad associate, then the covered entity need producible by the covered entity, the request. covered entity may provide a readable not run an internal access report nor 4. Implementation Specification: hard copy. If the individual requests the obtain access reports from business Documentation associates other than the one that is of access report in hard copy form, the interest to the individual. covered entity must provide the We are proposing at paragraph (b)(4) We are also proposing, in paragraph individual with the access report in a the same documentation requirements (b)(2)(iii), that the covered entity readable hard copy form. For these for access reports as for accountings of provide the access report in a format purposes, we propose to provide that disclosures. Accordingly, we propose that is understandable to the individual. machine readable data is digital that a covered entity or business This would be a format that is information stored in a standard format associate must retain the documentation structured in a manner so that it enabling the information to be needed to produce an access report (e.g., reasonably can be understood by processed and analyzed by computer. the necessary access log) for three years individuals without an external aid. For example, this would include (rather than for the six-year retention This proposal does not require any providing the access report in the format period that is set forth at § 164.530(j)), summary information or additional of MS Word or Excel, text, HTML, or the covered entity must retain for six content, such as information about the text-based PDF, among other formats. years copies of access reports that were role of each person who accesses the We request comment on the ability of provided to individuals, and must individual’s protected health covered entities to provide access maintain a designation of the persons or information. reports in machine readable or other offices responsible for receiving and The following is an example of an electronic formats. processing requests for access reports access report that is formatted so as to As with the accounting of disclosures, for six years from the last date the be understandable to the individual: we are proposing that the covered entity designation was in effect. may not charge for providing the first 5. Accounting for Disclosures That Are Date Time Name Action access report to an individual in any 12- Made Through Electronic Health month period, but may charge a Information Exchange 10/10/ 02:30 John, Viewed reasonable, cost-based amount for each 2011. p.m. Andrew additional access report that is In addition to the right to an access requested within the 12-month period report, we also considered providing In contrast, the following is the same (which may include the reasonable costs individuals with the right to receive a information that is not in a format that of including access report information full accounting for treatment, payment, is understandable to the individual: of business associates). The proposed and health care operations disclosures 201110101430JOHNANDREW3 rule requires the covered entity to through an EHR when such disclosures The above is not understandable inform the individual at the time of the are made through electronic health because it is coded and requires the use first access report request that all information exchange (i.e., disclosures of an external guide. subsequent requests in the 12-month that originate from an EHR that are period may be subject to a fee. The received by another electronic system). 3. Implementation Specification: For example, such a proposal would Provision of the Access Report proposed rule also requires the covered entity to inform the individual of the fee have required a full accounting, We are proposing at paragraph at the time of the subsequent request including a description of the purpose (b)(3)(i) the same timing requirements and to provide the individual with an of the disclosure, when a covered entity for provision of an access report as for opportunity to withdraw or modify the or business associate transmits some or provision of an accounting of request in order to avoid or reduce the all of an EHR to another electronic disclosures. Accordingly, a covered fee. system (such as another covered entity’s entity would have 30 days to provide We are also proposing, in paragraph EHR, a pharmacy, laboratory, or health the access report, including the logs of (b)(3)(iv), that the covered entity may plan). This would have included health business associates that create, receive, require individuals to make requests for information exchange when the maintain or transmit electronic an access report in writing provided that disclosure is in response to a query, and designated record set information. The it informs the individual of such a health information exchange that is covered entity may extend the time by requirement. This same language is initiated by the disclosing covered 30 days where necessary, as long as the currently found in § 164.524 (access of entity. covered entity provides the individual individuals to protected health After careful consideration of this with a written statement that includes information) and § 164.526 (amendment option, we concluded that accounting the reason for the delay and the date by of protected health information). As we for such disclosures at this time would which the covered entity will provide discussed with respect to the provision be overly burdensome when compared the access report. The covered entity is of the accounting of disclosures, we to the potential benefit to individuals. only permitted one extension of time. encourage covered entities to create Especially for EHR technology that is We are proposing at paragraph forms for individuals to request an not certified pursuant to ONC standards (b)(3)(ii) that the covered entity must access report that provides information and certification criteria, covered provide the access report in the machine about the information the individual entities might need to make substantial readable or other electronic form and will receive and allows the individual to and costly modifications to their format (e.g., compatibility with a narrow the request based on the existing EHR systems in order to track specific software application) requested individual’s interests. We believe that it the purpose of disclosures for treatment, by the individual, if it is readily is in both the covered entity’s and payment, and health care operations.

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However, as electronic health under § 164.528 any information that solicited comment on ways to inform information exchange expands and meets the definition of patient safety individuals of changes to privacy standards for such exchange are work product at 42 CFR 3.20. This will practices without unduly burdening adopted, we intend to work with ONC avoid any conflicts between the two sets health plans. The Department has been to assess whether such standards should of regulations. considering a number of options in include information about the purpose response to those comments, including D. Notice of Privacy Practices—Section of each exchange transaction. Adoption allowing health plans to notify 164.520 of such standards may significantly individuals of revisions to the notice of reduce the burden on covered entities to Under the Privacy Rule at § 164.520, privacy practices (either by providing account for treatment, payment, and a covered entity is required to provide the revised notice or information about health care operations disclosures an individual with a notice of privacy the material change and how to obtain through electronic health information practices that includes descriptions of the revised notice) in their next annual exchange. We then intend to revisit this the individual’s rights under the Privacy mailing to individuals then covered by issue and determine whether the Rule. Section 164.520(b)(1)(iv)(E) the plan, rather than within 60 days of accounting requirements should be provides that the notice must contain a the material change. Any modifications revised to encompass such disclosures, statement of the individual’s right to to the 60-day time period for health in light of the interests of individuals receive an accounting of disclosures of plans will be addressed in those final and the reduced burden on covered protected health information as rules. If any changes are made to the 60- entities. provided by § 164.528. We are day time period, it is expected that the We note that, despite not proposing to proposing to revise § 164.520(b)(1)(iv)(E) change would then also apply to this adopt the above option with respect to to also require a statement regarding an rule when final. treatment, payment, and health care individual’s right under the proposed However, even if the 60-day deadline operations disclosures, individuals still rule to receive an access report. to inform individuals of material have a right to learn of disclosures This proposed change to a covered changes is not modified by the through electronic health information entity’s notice of privacy practices Department in the other HITECH Act exchange if such disclosures fall under would constitute a material change to and/or GINA rulemakings, we believe proposed paragraph (a)(1), such as the notice. Section 164.520(b)(3) that the cost to health plans to revise disclosures for public health. requires covered entities to promptly and distribute notices under this rule Additionally, each time electronic revise and distribute the notice as can be minimized in light of the lengthy designated record set information is outlined in § 164.520(c) where there is compliance period we are considering. accessed for purposes of electronic a material change to the notice. With For example, a health plan can health information exchange (regardless respect to health care providers with a minimize its mailing costs by including of the purpose of the exchange), the direct treatment relationship with notice of the new right to an access date, time, and identity of the user will individuals, § 164.520(c)(2)(iv) requires report in an annual mailing prior to the be captured in the access report. the provider to make the notice date that notification is required under available upon request on or after the § 164.520(c)(1)(i)(C) (i.e., prior to March C. Confidentiality of Patient Safety Work effective date of the revision and, if the 2, 2013, or 2014, the dates that are 60 Product provider maintains a physical service days after the 2013 and 2014 We recognize that there may be times delivery site, promptly have the notice compliance deadlines). when a covered entity or business posted and available at the delivery site associate may disclose electronic for individuals to take with them. V. Effective and Compliance Dates designated record set information to a Health plans are currently required by We propose separate compliance patient safety organization pursuant to the Privacy Rule to distribute notices to dates for the changes to the accounting the Patient Safety and Quality current members within 60 days of a of disclosures requirements and for the Improvement Rule at 42 CFR part 3, material revision. right to receive an access report. We which implements the Patient Safety As discussed below in Section V, we propose that covered entities and and Quality Improvement Act of 2005. are not proposing to require covered business associates will be required to A member of a covered entity’s or entities and business associates to comply with the revised accounting of business associate’s workforce may comply with the access report disclosures provision by no later than access electronic designated record set requirements until January 1, 2013, or 180 days after the effective date of the information for patient safety activities January 1, 2014, depending on the age final rule. The effective date of the final under 42 CFR part 3, or a covered entity of their electronic designated record set rule will be 60 days after publication in may permit employees of a patient systems. Therefore, covered entities the Federal Register, so covered entities safety organization to directly access need not revise their notices of privacy and business associates will have 240 electronic designated record set practices to reflect the right to receive days after publication of the final rule information. The fact that a workforce an access report until the earliest to come into compliance. This is member or other appropriate person applicable compliance date. consistent with our proposed changes to uses or discloses protected health We recognize that health plans may § 160.105 found in the notice of information for patient safety activities incur significant costs informing proposed rulemaking published at 75 may constitute patient safety work individuals of a change to their notices FR 40,868, July 14, 2010. That proposal product under 42 CFR part 3, and thus of privacy practices within 60 days of would establish at § 160.105 a 180-day may fall under the privilege and the effective date of the change. In the compliance period for future confidentiality provisions of the Patient Department’s notice of proposed modifications to the HIPAA Rules, Safety and Quality Improvement Rule. It rulemaking to implement the privacy unless otherwise specifically provided. is not our intention to interfere with provisions of the Genetic Information We believe that this compliance those protections. Nondiscrimination Act of 2008 (GINA) period is reasonable in light of current Accordingly, we propose at paragraph (74 FR 51703–51704) and its HITECH obligations on covered entities and (c) that a covered entity shall exclude Act notice of proposed rulemaking (75 business associates. For example, from an accounting or access report FR 40898–40899), the Department covered entities should currently be

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able to produce an accounting of the Security Rule. We recognize that environmental, public health and safety disclosures on request. Business covered entities and business associates effects, distributive impacts, and associates should currently be able to may need time to make some equity). Executive Order 13563 provide accounting information to a modifications to systems and processes, emphasizes the importance of covered entity on request. The proposed such as creating a process to aggregate quantifying both costs and benefits, of changes to the existing accounting for data from multiple access logs into a reducing costs, of harmonizing rules, disclosures requirements generally single access report. However, we and of promoting flexibility. This rule would streamline the requirements and believe that the above dates of January has been designated a ‘‘significant otherwise make compliance easier, as 1, 2013, and January 1, 2014, will regulatory action’’ although not well as shorten the accounting period provide sufficient time. We note that economically significant, under section from six years to three years. Therefore, this will also provide covered entities 3(f) of Executive Order 12866. we expect that covered entities and with time to revise their notices of Accordingly, the rule has been reviewed business associates can implement these privacy practices. by the Office of Management and changes expeditiously. We recognize that, pursuant to these Budget. We propose to require covered compliance dates, during 2013 a A regulatory impact analysis must be entities and business associates to covered entity or business associate may prepared for major rules that have produce an access report upon request be required to produce an access report economically significant effects ($100 beginning January 1, 2013, for any that includes access to some electronic million or more in any one year) or electronic designated record set systems designated record set systems (those adversely affect in a material way the that were acquired after January 1, 2009. acquired after January 1, 2009) but not economy, a sector of the economy, Section 13405(c)(4)(B) of the HITECH others (those acquired as of January 1, productivity, competition, jobs, the Act provides that a covered entity that 2009). We encourage covered entities environment, public health or safety, or acquired an EHR after January 1, 2009, and business associates in such State, local, or tribal government or must account for disclosures for circumstances to provide access reports communities (58 FR 51741). treatment, payment, and health care that include all designated record set We estimate the effects of the operations beginning January 1, 2011 (or systems during 2013, even if the requirement for covered entities the date that it acquires an EHR after covered entity or business associate is (including indirect costs incurred by January 1, 2011). The statute authorizes not required to include some of the third party administrators, which the Secretary to extend this date to no electronic systems at that time. frequently send out notices on behalf of later than 2013. Because we are Under our proposed rule, access health plans) to issue new notices of proposing to provide individuals with a reports must cover a three-year period privacy practices, would result in new right to an access report covering any and covered entities and business total costs of $20.2 million. We estimate electronic designated record set associates must retain their access log that the private sector would bear information, rather than only access to information for three years. Because an EHR, we are basing the compliance almost the entirety of this new total covered entities should already be cost, with State and Federal plans date on when a covered entity acquires maintaining access logs pursuant to the a particular electronic designated record bearing a minimal share. While we Security Rule, we believe that it is anticipate the issuance of new notices of set system. Additionally, because we reasonable to require covered entities to recognize that covered entities will privacy practices to be the predominant produce access reports, upon request, source of additional costs for covered require time to create policies and covering access over the prior three procedures to generate an access report entities, there may be the potential for years beginning on the proposed covered entities to incur other costs upon request, we are exercising our January 1, 2013, and January 1, 2014, statutory authority and extending the which we are unable to quantify at this compliance dates. We request comment time, as discussed further below. For 2011 date to January 1, 2013. on whether covered entities will be able We propose to require covered example, we request more information to generate access reports covering the entities and business associates to on the number of anticipated accounting preceding three years on these produce an access report upon request of disclosures and access reports; the compliance dates. beginning January 1, 2014, for electronic additional costs, if any, of offering them designated record set systems that were VI. Regulatory Analyses in electronic formats (both machine acquired on or before January 1, 2009. readable or non machine readable); the Section 13405(c)(4)(A) provides that a A. Introduction burden of tracking access to electronic covered entity that acquired an EHR as We have prepared a regulatory impact designated record set information; and of January 1, 2009, must account for statement in compliance with Executive any other additional changes to existing disclosures for treatment, payment, and Order 12866 (September 1993, systems that would be necessary. health care operations beginning Regulatory Planning and Review), the Although we expect the economic January 1, 2014. The statute authorizes Regulatory Flexibility Act (RFA) impact of issuing privacy notices and the Secretary to extend this date to no (September 19, 1980, Pub. L. 96–354), the possibility of other non-quantifiable later than 2016. For the same reasons as the Unfunded Mandates Reform Act of costs and savings discussed in the discussed above, we are making the 1995 (Pub. L. 104–4), and Executive regulatory analysis below to be less than compliance deadline contingent on Order 13132 on Federalism. $100 million annually, we nevertheless when an electronic designated record conducted analysis of the costs of the 1. Executive Order 12866 set system was acquired. We do not proposed regulations. Executive Orders 13563 and 12866 believe that it is necessary to extend the 2. Regulatory Flexibility Act January 1, 2014 date. direct agencies to assess all costs and Covered entities and business benefits of available regulatory The RFA requires agencies to analyze associates should already be logging alternatives and, if regulation is options for regulatory relief of small access to electronic protected health necessary, to select regulatory businesses if a rule has a significant information and should have the ability approaches that maximize net benefits impact on a substantial number of small to generate access reports pursuant to (including potential economic, entities. We present our regulatory

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flexibility analysis of this proposed rule analysis of the costs that could result the rights, roles, and responsibilities of in Section D below. from the proposed rule. the States. The RFA generally defines a ‘‘small 4. Federalism B. Why are we proposing these entity’’ as (1) a proprietary firm meeting regulations? the size standards of the Small Business Executive Order 13132 establishes Administration (SBA), (2) a nonprofit certain requirements that an agency must meet when it promulgates a Section 13405(c) of the HITECH Act organization that is not dominant in its directs the Secretary to promulgate field, or (3) a small government proposed rule (and subsequent final rule) that imposes substantial direct regulations requiring covered entities to jurisdiction with a population of less account for disclosures of protected than 50,000. Because 90 percent or more requirement costs on State and local governments, preempts State law, or health information through an EHR for of all health care providers meet the purposes of treatment, payment, and SBA size standard for a small business otherwise has Federalism implications. The Federalism implications of the health care operations. In issuing the or are nonprofit organizations, we Privacy and Security Rules were regulations, the Secretary is to balance generally treat all health care providers assessed as required by Executive Order the burden imposed on covered entities as small entities for purposes of 13132 and published as part of the with the interests of individuals to performing a regulatory flexibility preambles to the final rules on know about the disclosure of their analysis. The SBA size standard for December 28, 2000 (65 FR 82462, protected health information. health care providers ranges between 82797) and February 20, 2003 (68 FR $7.0 million and $34.5 million in We are proposing these regulations to 8334, 8373), respectively. Regarding annual receipts. provide individuals with the expanded preemption, the preamble to the final With respect to health insurers and right to an accounting that is provided Privacy Rule explains that the HIPAA for in section 13405(c), to provide third party administrators, the SBA size statute dictates the relationship between standard is $7.0 million in annual individuals with a more complete State law and Privacy Rule accounting through the right to receive receipts. While some insurers are requirements, and the Rule’s an access report that includes classified as nonprofit, it is possible preemption provisions do not raise information on each time a covered they are dominant in their market. For Federalism issues. The HITECH Act, at entity’s or business associate’s example, a number of Blue Cross/Blue section 13421(a), provides that the Shield insurers are organized as HIPAA preemption provisions shall electronic designated record set nonprofit entities; yet they dominate the apply to the HITECH provisions and information is accessed, and to improve health insurance market in the States requirements. the workability and effectiveness of the where they are licensed. In addition, we We do not believe that this rule will current accounting provision through a lack the detailed information on annual impose substantial direct compliance number of additional changes. receipts for insurers and plan costs on State and local governments 1. What are the current regulations? administrators and, therefore, we do not that are not required by statute. The know how many firms qualify as small proposed rule would only apply to State The current rule at § 164.528 provides entities. We welcome comments on the and local government entities that are an individual the right to an accounting number of small entities in the health covered entities under the HIPAA of disclosures of his or her protected insurer and health plan administrator Privacy and Security Rules. Such health information. A disclosure is market. entities should already be maintaining defined at § 160.103 as ‘‘the release, 3. Unfunded Mandates Reform Act access logs with the information transfer, provision of access to, or necessary to generate an access report. divulging in any other manner of Section 202 of the Unfunded Accordingly, the costs attributable to the information outside the entity holding Mandates Reform Act of 1995 (UMRA) new right to receive an access report the information.’’ An individual whose requires that agencies assess anticipated should be limited to the cost of protected health information has been costs and benefits before issuing any responding to requests for such a report disclosed has the right to receive an rule whose mandates would require (e.g., the burden of aggregating accounting of such disclosures. This spending in any one year of $100 information from multiple access logs accounting does not include certain million in 1995 dollars, updated into a single access report). This cost categories of disclosures, such as those annually for inflation. In 2010, that should be small, in light of the relatively for treatment, payment, or health care threshold is approximately $135 small number of requests that we expect operations, based on an authorization, million. UMRA does not address the covered entities to receive from or to family, friends, and others total cost of a rule. Rather, it focuses on individuals. involved in the individual’s care (for a certain categories of cost, mainly those State and local government entities full list of the current exemptions from ‘‘Federal mandate’’ costs resulting from: that are covered entities may also incur the accounting requirement, see (1) Imposing enforceable duties on some cost in revising their notices of § 164.528(a)(1)). State, local, or tribal governments, or on privacy practices. Based on the length of the private sector; or (2) increasing the time provided prior to the January 1, Additionally, §§ 164.308 and 164.312 stringency of conditions in, or 2013, and January 1, 2014, compliance of the Security Rule require covered decreasing the funding of, State, local, dates, we expect that such covered entities to maintain and periodically or tribal governments under entitlement entities may minimize their costs by review reports of who accesses programs. We estimate the costs of the informing individuals of the change to electronic protected health information. proposed rule will be approximately the notice of privacy practices as part of Under current regulations, while $20.2 million, largely due to the an annual mailing. covered entities are required to log revision of privacy notices. This amount In considering the principles in and access to individuals’ electronic is not sufficient to warrant an analysis requirements of Executive Order 13132, protected health information, covered of costs and benefits under the UMRA the Department has determined that entities do not have to provide the provisions. However, as we explained these proposed modifications to the information from these access logs to under EO 12688, we are conducting an Privacy Rule will not significantly affect individuals.

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2. What are we proposing? record set, rather than disclosures of any unable to estimate the additional Under the proposed § 164.528, the protected health information. The burdens, if any, of offering these section will be divided into an proposal would reduce the time accountings in a machine readable or individual’s right to receive an permitted for a covered entity to other electronic format (unless the accounting of disclosures and a right to respond to a request for an accounting individual requests otherwise). We ask receive an access report. The access of disclosures from 60 days to 30 days. for public comments or information that report would be limited to only A covered entity still could use a one- will help us estimate these burdens. We have limited information on how electronic protected health information time extension of 30 days. A covered long it takes to respond to an accounting in a designated record set. For each time entity also would be required to provide request under the current rule. The that electronic designated record set individuals with the option of limiting information that we have received has information is accessed, whether by a their request to a specific timeframe, suggested that not more than 30 days is member of the covered entity’s or type of disclosure, or recipient. Finally, covered entities would be required to needed to respond to an accounting business associate’s workforce (a use) or provide the accounting in the form and request under the current rule. by someone outside the organizations (a format requested by the individual if Furthermore, our proposed rule will disclosure), an access report would readily producible, otherwise in a reduce the scope of information that is include the date and time of the access, readable hard copy form or such other subject to an accounting. Accordingly, the identity of the person accessing the form and format as agreed to by the we believe there will be little burden on information, and, if available, a parties. covered entities to respond to requests description of the information that was in 30 days, rather than 60 days. In accessed and what actions were taken 3. What would be the impact of changes circumstances where more than 30 days while in the system (e.g., create, modify, to accounting of disclosures is needed, we continue to permit a view, print, etc.). The covered entity requirements? single 30-day extension. We solicit would be required to permit the We believe that the proposed changes public comment on this issue. individual to narrow the request for an will benefit individuals by reducing the access report to a specific time frame or amount of time it takes for them to 4. What would be the impact of adding person. Covered entities would be receive an accounting of disclosures. the right to an access report? required to provide the access report in While we propose to exclude a number We believe that the proposed right to the electronic form and format of categories of disclosures from the an access report will provide a requested by the individual, if readily accounting requirements, as discussed significant benefit to all individuals by producible, unless otherwise requested in the preamble we have proposed to providing them a means to learn who by the individual in such other form exclude disclosures that we believe are has accessed their electronic protected and format as agreed to by the parties. of limited interest to individuals. health information. This offers a The accounting of disclosures would Accordingly, we believe the more significant benefit over the current provide additional information than limited scope of the accounting accounting rule in that it provides what would be provided in an access provision will not significantly individuals an opportunity to learn of report for certain categories of diminish the benefit of the accounting, access by members of the covered disclosures, providing the date of the since individuals will continue to have entity’s workforce. disclosure, what information was a right to receive a full accounting for Almost all information required to disclosed, the recipient of the the disclosures that are most likely to satisfy a request for an access report is information, and the purpose for the have an immediate impact on their currently required under the Security disclosure—for example, law interests, such as disclosures for law Rule at §§ 164.308(a)(1)(ii)(D) and enforcement. This is largely the same enforcement, judicial proceedings, or 164.312(b). We expect that the information as is currently required for public health investigations. additional burden to covered entities an accounting of disclosures, with Based on our contacts with covered will consist of, in response to a request, minor modifications. The accounting of entities we have learned that the process generating access reports for each disclosures would continue to apply to of tracking disclosures involves a electronic designated record set system both paper and electronic protected considerable amount of effort because and aggregating this information into a health information. data in different systems must be linked single electronic access report. The cost The requirements governing the manually regardless of whether the data to covered entities to prepare an access accounting of disclosures would be are stored electronically or as hard copy. report would be directly tied to the modified in several ways. The current We expect that the proposed changes to number of requests. Based on the requirement to disclose six years of the accounting of disclosures experience covered entities have disclosures would be reduced to three requirements—to reduce the time to reported with requests for accountings years. Covered entities would no longer track disclosures from six years to three of disclosures, we anticipate few be required to provide the full and eliminating the requirement to requests for access reports. Therefore we accounting for certain categories of account for a number of categories of expect the costs to generate access disclosures that are currently subject to disclosures—will reduce this burden on reports will be minimal. We request the accounting requirement, such as covered entities and their business comment on the number of anticipated disclosures that are required by law and associates. The responses to the RFI access reports, the burden of tracking for health oversight purposes (though indicated that covered entities receive access to electronic designated record limited information about such very few requests for accounting of set information, including whether our disclosures would be captured in the disclosures. However, we have no proposal will have any unintended access report to the extent that they information on the number of effects by requiring significant changes involve direct access to electronic disclosures covered entities and their to existing systems, and the burden designated record set information). The business associates make annually. caused by generating an access report. accounting requirement would be Therefore, we are unable to estimate the The covered entity must produce limited to disclosures of information reduced burden the proposed regulatory within 30 days the access report in the about an individual in a designated changes will generate. We are also electronic form and format requested by

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the individual, if readily producible, disclosures should be part of future distribution, above and beyond the unless the individual requests another standards, such as standards governing existing requirements to distribute mutually agreed upon format. We thus electronic health information exchange. notices of privacy practices. Therefore, also request comment on the additional the total cost for providers is C. How much will it cost covered entities burden, if any, of providing electronic approximately $20 million. Because of to notify individuals of their new access reports (either in machine the uncertainty surrounding the costs readable or other electronic format). privacy rights? for revising privacy notices, we invite Some covered entities’ systems may Covered entities must provide public comment on our analysis. log a user ID but not a name, in which individuals with notices of privacy For health plans, we expect the cost case there will be a burden on the practices that detail how the covered of notifying policy holders to be covered entity to convert the identifier entity may use and disclose protected minimal. Pursuant to into a user name. The requirement to health information and individuals’ § 164.520(c)(1)(i)(C), health plans must include in the access report information rights with respect to their own health notify individuals within 60 days of a about users’ actions while within the information. Beginning on January 1, material change to its notice of privacy system and what information was 2013, individuals would have the right practices. Health plans will have until accessed should create minimal burden to receive a report of who accessed their March 2, 2013, at the earliest (60 days since we only propose to require the electronic protected health information after the January 1, 2013, compliance inclusion of this information if it is that covers a three-year period from the deadline), to notify members of the available in the access logs. date of the request. Covered entities change to the privacy notice. We expect The provision permitting individuals would have to revise their privacy that this may be done in one of the to limit their requests to a time period notices to reflect this change. health plans’ annual mailings in order or person may limit the burden to The cost analysis for revising privacy to minimize printing and distribution produce an access report. Yet, notices is divided into an analysis of costs. Additionally, as indicated in modifying a standard report may require provider costs and an analysis of plan Section IV.D., we are considering additional programming which would and insurer costs. For providers, given changes to the Privacy Rule’s 60-day increase burden on the covered entity that the requirements described in this notification requirement for health and business associates. We solicit rule only require modification of one plans, which may further reduce comment on the effects of this sentence in the notice of privacy burden. Accordingly, we expect the provision. practices, we estimate that drafting the only costs to be incurred would be for 5. What alternatives did we consider? updated notices will require drafting the privacy policy notice approximately one-third of an hour of revision. The costs should be similar to In light of the language of section professional, legal time at those for providers; that is, the cost of 13405(c), we considered applying the approximately $90 per hour—or $30— one third of an hour for an attorney to access report requirements to only that includes hourly wages of $60 plus draft the revision. The cost we estimated disclosures for treatment, payment, and 50 percent.5 The total cost for attorneys would be $30 for each plan issuer health care operations through an EHR. for the approximately 669,000 6 health notice. There may also be costs for plan We chose to expand the requirements care providers in the U.S. is, therefore, issuers to post the changes on their web for access reports to all electronic expected to be approximately $20 sites and to include language describing designated record set information million. Pursuant to § 164.520(c)(2)(iv), the changes and referring to the web site because we believe that all such systems providers will be required to make the in their annual notices of plan changes. should be capable of logging access. We revised notice available upon request on However, we believe the costs would be also believed that limiting the rule to or after the effective date of the revision. minimal. EHR systems would lead to confusion We anticipate publishing the final rule With the exception of a few large among covered entities, business in late 2011 which should give health plans, most health plans do not associates, and individuals regarding providers enough time before the self-administer their plans. The majority which systems were subject to the January 1, 2013, and 2014 compliance of plans are administered either by accounting provision. We chose to dates to exhaust current inventories of health insurance issuers (approximately include uses, in addition to disclosures, privacy notices and adequately manage 1,000) or by third party administrators because we believe that individuals the transition to revised notices. that act on their behalf in the capacity have an interest in learning of access to Therefore, we believe that this should as business associates. We identified their information by members of a not represent any additional burden, approximately 3,500 third party covered entity’s and business associate’s with respect to printing and administrators acting as business workforces, and because it may be associates for approximately 446,400 difficult for covered entities and 5 http://www.bls.gov/oes/2008/may/ ERISA plans identified by the business associates to distinguish oes231011.htm for lawyers. The hourly rate + 50% Department of Labor. In addition, the between uses and disclosures through is intended to account for fringes and overhead in Department of Labor identified 20,300 the use of automated systems. addition to the standard hourly wages. public non-Federal health plans that We also considered requiring access 6 We identified 673,324 entities that must prepare may use third party administrators. and deliver notices of privacy practices that are reports to include the purpose of the shown in Table 1 below. This includes 668,757 Almost all of the public and ERISA disclosure. However, we believed the HIPAA covered entities that are health care plans, we believe, employ third party burden of collecting such information providers, including hospitals, nursing facilities, administrators to administer their health significantly outweighed the interests of doctor offices, outpatient care centers, medical plans. While the third party diagnostic, imaging service, home health service most individuals in learning of such and other ambulatory care service covered entities, administrators will bear the direct costs information, especially with respect to medical equipment suppliers, and pharmacies. For of issuing the revised notices of privacy older EHR systems (where the burden of the purposes of our calculation, we have rounded practices, the costs will generally be modifying systems may be highest). We this number to 669,000. Table 1 also includes 4,567 passed on to the plans that contract with health insurance carriers and third party will continue to reassess this option and administrators working on behalf of covered health them. Those plans that self-administer to work with ONC to evaluate whether plans. The cost estimates for these entities are their own plans will also incur the costs information about the purpose of addressed later. of issuing the revised notices. We do not

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know how many plans administer as revising the change in the privacy their annual plan update notices. We well as sponsor health plans and invite policy notice to be approximately request public comment on our comments on the number of self- $135,000 (4,500 plans x $30 per draft assumptions and analysis. administered plans; however, unless revision). Although there may be costs The total estimated cost for both there were many such plans it would associated with notifying enrollees of providers and health plans to notify not have much effect on these estimates. the change to the notice, we believe the For the approximately 4,500 health individuals and policy holders of cost should be minimal based on health changes in their privacy rights is insurance issuers and health plan plans including such notification in administrators, we anticipate the cost of approximately $20.2 million.

TABLE 1—NUMBER OF ENTITIES BY NAICS CODE 1

NAICS Providers/Suppliers Entities

622 ...... Hospitals (General Medical and Surgical, Psychiatric, Substance Abuse, Other Specialty) ...... 4,060 623 ...... Nursing Facilities (Nursing Care Facilities, Residential Mental Retardation Facilities, Residential 34,400 Mental Health and Substance Abuse Facilities, Community Care Facilities for the Elderly, Con- tinuing Care Retirement Communities). 6211–6213 ...... Office of MDs, DOs, Mental Health Practitioners, Dentists, PT, OT, ST, Audiologists ...... 419,286 6214 ...... Outpatient Care Centers (Family Planning Centers, Outpatient Mental Health and Drug Abuse Cen- 13,962 ters, Other Outpatient Health Centers, HMO Medical Centers, Kidney Dialysis Centers, Free- standing Ambulatory Surgical and Emergency Centers, All Other Outpatient Care Centers). 6215 ...... Medical Diagnostic, and Imaging Service Covered Entities ...... 7,879 6216 ...... Home Health Service Covered Entities ...... 15,329 6219 ...... Other Ambulatory Care Service Covered Entities (Ambulance and Other) ...... 5,879 n/a ...... Durable Medical Equipment Suppliers 2 ...... 107,567 4611 ...... Pharmacies 3 ...... 60,395 524114 ...... Heath Insurance Carriers ...... 1,045 524292 ...... Third Party Administrators Working on Behalf of Covered Health Plans ...... 3,522

Total Entities ...... 673,324 1 Office of Advocacy, Small Business Administration, http://www.sba.gov/advo/research/data.html. 2 Centers for Medicare and Medicaid Service covered entities. 3 The National Association of Chain Drug Stores.

D. Regulatory Flexibility Analysis Based on the relatively small cost per d. Recommendations to minimize the covered entity, the Secretary certifies information collection burden on the The Regulatory Flexibility Act that the proposed rule would not have affected public, including automated requires agencies that issue a proposed a significant impact on a substantial collection techniques. rule to analyze and consider options for number of small entities. However, Under the PRA, the time, effort, and reducing regulatory burden if the because we are not certain of all the financial resources necessary to meet regulation will impose a significant costs this rule may impose or the exact the information collection requirements burden on a substantial number of small number of small health insurers or third referenced in this section are to be entities. The Act requires the head of party administrators, we welcome considered. We explicitly seek, and will the agency to either certify that the rule comments that may further inform our consider, public comment on our would not impose such a burden or analysis. assumptions as they relate to the PRA perform a regulatory flexibility analysis requirements summarized in this and consider alternatives to lessen the VII. Collection of Information section. To comment on this collection burden. Requirements of information or to obtain copies of the The proposed rule would have an Under the Paperwork Reduction Act supporting statement and any related impact on covered health care of 1995 (PRA), agencies are required to forms for the proposed paperwork providers, health insurance issuers, and provide a 60-day notice in the Federal collections referenced above, e-mail third party administrators acting on Register and solicit public comment your comment or request, including behalf of health plans, which we before a collection of information your address and phone number, to estimate to be 673,324. Of the requirement is submitted to the Office of [email protected], or call approximately $20.2 million in costs we Management and Budget (OMB) for the Reports Clearance Office on (202) are able to identify, the private sector review and approval. In order to fairly 690–6162. Written comments and will incur approximately 100 percent of evaluate whether an information recommendations for the proposed the costs, or $20.2 million. The average collection should be approved by OMB, information collections must be directed cost per covered entity is therefore section 3506(c)(2)(A) of the PRA to the OS Paperwork Clearance Officer approximately $30. We do not view this requires that we solicit comment on the at the above e-mail address within 60 as a significant burden. We note that the following issues: days. 3,500 third party administrators a. Whether the information collection included in this calculation serve as is necessary and useful to carry out the 1. Abstract business associates to the approximately proper functions of the agency; Section 13405(c) of the HITECH Act 446,000 ERISA plans, most of which are b. The accuracy of the agency’s requires the Secretary to promulgate small entities. We have no information estimate of the information collection regulations to require covered entities to on how many of these plans self- burden; account for disclosures to carry out administer, and we request any data the c. The quality, utility, and clarity of treatment, payment, and health care public may provide on this question. the information to be collected; and operations through an EHR. In this

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notice of proposed rulemaking, we and workability of the provision. We generate accountings of disclosures and propose to implement modifications seek public comment on our proposals. access reports for three years. With that are partly required by section We anticipate that the paperwork respect to accountings of disclosures, 13405(c) of the HITECH Act and partly burdens on covered entities to comply this is a shortening of the retention based on our general authority under with this proposed rule will include period and therefore should reduce their HIPAA by requiring covered entities to revising notices of privacy practices and information collection burden. With provide an individual with an access providing accounting of disclosures and respect to access reports, covered report upon request that includes access reports to individuals upon entities and business associates should request. The estimated annualized information about each time that already be collecting and retaining this burden table below was developed electronic protected health information information in accordance with their using the same estimates and workload obligations under the Security Rule and in a designated record set is accessed. assumptions in the impact statement in We also propose, based on our general their business associate agreements, and the section regarding Executive Orders furthermore should be collecting and authority under HIPAA, to modify the 12866 and 13563, above. existing right to an accounting of maintaining access logs as part of their We propose to require covered usual and customary business. disclosures to improve the effectiveness entities and business associates to maintain the information necessary to 2. Estimated Annualized Burden Hours

Number of Average Section Type of respondent Number of responses per burden hours Total burden respondents respondent per response hours

164.520 ...... Revision of Notice of Privacy Prac- 673,324 1 30/60 336,662 tices for Protected Health Infor- mation.

Total ...... 336,662

List of Subjects in 45 CFR Part 164 § 164.528 Accounting of disclosures of law, unless such disclosure falls under protected health information and access paragraphs (a)(1)(i)(C) or (D). Administrative practice and report. (2) Implementation specification: procedure, Computer technology, (a)(1) Standard: Right to an Content of the accounting. (i) The Electronic information system, accounting of disclosures of protected accounting must include for each Electronic transactions, Employer health information. (i) Except as disclosure: benefit plan, Health, Health care, Health provided in paragraph (a)(1)(ii) of this facilities, Health insurance, Health (A)(1) The date, if known; or if not, section, an individual has the right to a the approximate date or period of time records, Hospitals, Medicaid, Medical written accounting of the following research, Medicare, Privacy, Reporting during which the disclosure occurred disclosures of protected health which, at a minimum, shall include the and record keeping requirements, information about the individual in a Security. month and year or a description of designated record set by a covered when the disclosure occurred from For the reasons set forth in the entity or business associate made in the which an individual can readily preamble, the Department proposes to three years prior to the date on which determine the month and year of the amend 45 CFR Subtitle A, Subchapter C, the accounting is requested: disclosure; or part 164, as set forth below: (A) Disclosures not permitted by this (2) For multiple disclosures to the subpart, unless the individual has same recipient for a single purpose, the PART 164—SECURITY AND PRIVACY received notification of the dates, as described in paragraph impermissible disclosure pursuant to 1. The authority citation for part 164 (a)(2)(i)(A)(1) of this section, of the first § 164.404; disclosure and the last disclosure in the is revised to read as follows: (B) For public health activities as accounting period. Authority: 42 U.S.C. 1302(a); 42 U.S.C. provided in § 164.512(b), except 1320d–1320d–9; sec. 264, Pub. L. 104–191, disclosures to report child abuse or (B) The name of the entity or natural 110 Stat. 2033–2034 (42 U.S.C. 1320– neglect pursuant to § 164.512(b)(1)(ii); person who received the protected 2(note)); and secs. 13400—13424, Pub. L. (C) For judicial and administrative health information and, if known, the 111–5, 123 Stat. 258–279. proceedings as provided in § 164.512(e); address of such entity or person, except (D) For law enforcement purposes as when such information constitutes 2. Amend § 164.520 to revise protected health information about paragraph (b)(1)(iv)(E) as follows: provided in § 164.512(f); (E) To avert a serious threat to health another individual, in which case a § 164.520 Notice of privacy practices for or safety as provided in § 164.512(j); description such as ‘‘another patient,’’ protected health information. (F) For military and veterans ‘‘another enrollee,’’ or similar language * * * * * activities, the Department of State’s must be included; (b) * * * medical suitability determinations, and (C) A brief description of the type of protected health information disclosed; (iv) * * * government programs providing public benefits as provided in § 164.512(k)(1), and (E) The right to receive an accounting (4), and (6); and (D) A brief description of the purpose of disclosures of protected health (G) For workers’ compensation as of the disclosure that reasonably information and an access report as provided in § 164.512(l). informs the individual of the basis for provided by § 164.528; and (ii) A covered entity need not account the disclosure or, in lieu of such * * * * * for a disclosure under paragraph (a)(1)(i) description, a copy of a written request 3. Revise § 164.528 to read as follows: of this section if it also is required by for a disclosure under § 164.512, if any.

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(ii) The covered entity shall provide enforcement agency’s activities, the (D) Description of what information the individual with the option to limit covered entity shall: was accessed, if available; and the accounting of disclosures to a (A) If the statement is in writing and (E) Description of action by the user, specific time period, type of disclosure, specifies the time for which a delay is if available, e.g., ‘‘create,’’ ‘‘modify,’’ or recipient. required, delay providing the individual ‘‘access,’’ or ‘‘delete.’’ (3) Implementation specification: with an accounting of disclosures for (ii) The covered entity shall provide Provision of the accounting. (i) The such purposes for the time period the individual with the option to limit covered entity must act on the specified; or the access report to a specific date, time individual’s request for an accounting (B) If the statement is made orally, period, or person. The covered entity no later than 30 days after receipt of document the statement, including the may provide the individual with the such a request, as follows. identity of the official making the option to limit the access report to a (A) The covered entity must provide statement, and delay providing the specific organization, such as the the individual with the accounting individual with an accounting of covered entity or a specific business requested; or disclosures for such purposes associate. (B) If the covered entity is unable to temporarily and no longer than 30 days (iii) The covered entity must provide provide the accounting within the time from the date of the oral statement the access report in a format that is required by paragraph (a)(3)(i) of this unless a written statement as described understandable to the individual. section, the covered entity may extend in paragraph (a)(4)(i)(A) of this section (3) Implementation specification: the time to provide the accounting by no is received during that time. Provision of the access report. more than 30 days, provided that: (ii) The covered entity shall account (i) The covered entity must act on the (1) The covered entity, within the for all other disclosures in accordance individual’s request for an access report time limit set by paragraph (a)(3)(i) of with paragraph (a) of this section and no later than 30 days after receipt of this section, provides the individual shall supplement the accounting with such a request, as follows. (A) The covered entity must provide with a written statement of the reasons information about the disclosures to law the individual with the access report for the delay and the date by which the enforcement upon expiration of the covered entity will provide the requested; or requested law enforcement delay. (B) If the covered entity is unable to accounting; and (5) Implementation specification: (2) The covered entity may have only provide the access report within the Documentation. (i) Notwithstanding one such extension of time for action on time required by paragraph (b)(3)(i) of § 164.530(j)(2), for each disclosure that a request for an accounting. this section, the covered entity may (ii) The covered entity must provide is subject to the accounting extend the time to provide the the accounting in the form and format requirements of this section, a covered accounting by no more than 30 days, requested by the individual, if it is entity or business associate must retain provided that: readily producible in such form and the information required to be included (1) The covered entity, within the format; or, if not, in a readable hard in an accounting under this section for time limit set by paragraph (b)(3)(i) of copy form or such other form and three years from the date of the this section, provides the individual format as agreed to by the covered entity disclosure. with a written statement of the reasons and the individual. (ii) A covered entity must document for the delay and the date by which the (iii)(A) The covered entity must the following and retain the covered entity will provide the access provide the first accounting to an documentation as required by report; and individual in any 12-month period § 164.530(j): (2) The covered entity may have only without charge and inform the (A) A copy of the written accounting one such extension of time for action on individual at the time of the request that that is provided to the individual under a request for an access report. there may be a fee for each subsequent this section; and (ii) The covered entity must provide request for an accounting by the (B) The titles of the persons or offices the individual with the access report in individual within the 12-month period. responsible for receiving and processing a machine readable or other electronic (B) The covered entity may impose a requests for an accounting by form and format requested by the reasonable, cost-based fee for each individuals. individual, if it is readily producible in subsequent request for an accounting by (b)(1) Standard: Right to an access such form and format; or, if not, in a the same individual within the 12- report. An individual has a right to readable electronic form and format as month period, provided that the covered receive a written access report that agreed to by the covered entity and the entity informs the individual of the fee indicates who has accessed protected individual. If the individual requests the at the time of the subsequent request health information about the individual access report in hard copy form, the and provides the individual with an in an electronic designated record set covered entity must provide the opportunity to withdraw or modify the maintained by a covered entity or individual with the access report in a request for a subsequent accounting in business associate for up to three years readable hard copy form. For purposes order to avoid or reduce the fee. prior to the date on which the access of this paragraph, machine readable data (iv) The covered entity may require report is requested. is digital information stored in a individuals to make requests for an (2) Implementation specification: standard format enabling the accounting in writing provided that it Content of the access report. (i) The information to be processed and informs individuals of such a covered entity must provide the analyzed by computer. requirement. individual with an access report that (iii)(A) The covered entity must (4) Implementation specification: Law includes the following: provide the first access report to an enforcement delay. (i) If a law (A) Date of access; individual in any 12-month period enforcement official states to a covered (B) Time of access; without charge and inform the entity that providing an accounting to (C) Name of natural person, if individual at the time of the request that an individual of disclosures to the law available, otherwise name of entity there may be a fee for each subsequent enforcement official would be accessing the electronic designated request for an access report by the reasonably likely to impede the law record set; individual within the 12-month period.

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(B) The covered entity may impose a (4) Implementation specification: (B) The titles of the persons or offices reasonable, cost-based fee for each Documentation. (i) Notwithstanding responsible for receiving and processing subsequent request for an access report § 164.530(j)(2), for each use or requests for an access report by by the same individual within the 12- disclosure that is subject to the access individuals. month period, provided that the covered report requirements of this section, a (c) Confidentiality of patient safety entity informs the individual of the fee covered entity or business associate work product. A covered entity shall at the time of the subsequent request must retain the information required to exclude from an accounting or access and provides the individual with an be included in an access report under report under this section any opportunity to withdraw or modify the this section for three years from the date information that meets the definition of request for a subsequent access report in of the use or disclosure. patient safety work product at 42 CFR (ii) A covered entity must document order to avoid or reduce the fee. 3.20. the following and retain the (iv) The covered entity may require documentation as required by Dated: February 7, 2011. individuals to make requests for an § 164.530(j): Kathleen Sebelius, access report in writing provided that it (A) A copy of the access report that Secretary. informs individuals of such a is provided to the individual under this [FR Doc. 2011–13297 Filed 5–27–11; 8:45 am] requirement. section; and BILLING CODE 4153–01–P

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Reader Aids Federal Register Vol. 76, No. 104 Tuesday, May 31, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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 2 CFR 271...... 27603 Executive orders and proclamations 741–6000 272...... 27603, 28165 Proposed Rules: The United States Government Manual 741–6000 301...... 27219 Ch. VI...... 26651 319...... 31172 Other Services 3 CFR 927...... 27848 Electronic and on-line services (voice) 741–6020 946...... 27850 Privacy Act Compilation 741–6064 Proclamations: 985...... 27852 Public Laws Update Service (numbers, dates, etc.) 741–6043 8658...... 24785 1150...... 26930 TTY for the deaf-and-hard-of-hearing 741–6086 8659...... 25515 1221...... 28625 8660...... 25517 1980...... 31217 8661...... 25519 ELECTRONIC RESEARCH 4288...... 24343 8662...... 25521 Proposed Rules: World Wide Web 8663...... 25523 Full text of the daily Federal Register, CFR and other publications 54...... 26222 8664...... 25525 62...... 26222 is located at: www.fdsys.gov. 8665...... 25527 Federal Register information and research tools, including Public 205...... 25612 8666...... 25529 271...... 24820, 25414 Inspection List, indexes, and links to GPO Access are located at: 8667...... 25531 www.ofr.gov. 272...... 24820, 25414 8668...... 26925 273...... 25414 E-mail 8669...... 27217 275...... 24820 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8670...... 27599 301...... 26654 an open e-mail service that provides subscribers with a digital 8671...... 27601 319...... 26654, 30036 form of the Federal Register Table of Contents. The digital form 8672...... 27843 789...... 29084 of the Federal Register Table of Contents includes HTML and 8673...... 28623 955...... 27919 PDF links to the full text of each document. 8674...... 29133 989...... 27921 To join or leave, go to http://listserv.access.gpo.gov and select 8675...... 29135 1206...... 26946 Online mailing list archives, FEDREGTOC-L, Join or leave the list 8676...... 29137 1208...... 25618 (or change settings); then follow the instructions. 8677...... 29139 1210...... 25619 PENS (Public Law Electronic Notification Service) is an e-mail 8678...... 29989 1724...... 28333 service that notifies subscribers of recently enacted laws. 8679...... 30493 1726...... 28333 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 8680...... 30495 3201...... 28188 and select Join or leave the list (or change settings); then follow 8681...... 30497 the instructions. 8682...... 30499 8 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Executive Orders: 204...... 28303 respond to specific inquiries. 13571...... 24339 9 CFR Reference questions. Send questions and comments about the 13572...... 24787 Federal Register system to: [email protected] 13573...... 29143 78...... 28885 The Federal Register staff cannot interpret specific documents or 13574...... 30505 91...... 29991 regulations. Administrative Orders: 93...... 24793, 31220 Reminders. Effective January 1, 2009, the Reminders, including Notices: 94...... 24793 Rules Going Into Effect and Comments Due Next Week, no longer Notice of April 29, 95...... 24793, 28886 appear in the Reader Aids section of the Federal Register. This 2011 ...... 24791 321...... 24714 information can be found online at http://www.regulations.gov. Notice of May 16, 332...... 24714 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 2011 ...... 28883 381...... 24714 longer appears in the Federal Register. This information can be Notice of May 17, Proposed Rules: found online at http://bookstore.gpo.gov/. 2011 ...... 29141 11...... 30864 Presidential 71...... 28910 FEDERAL REGISTER PAGES AND DATE, MAY Determinations: 77...... 28910 No. 2011-9 of April 26, 78...... 28910 24339–24786...... 2 29633–29988...... 23 2011 ...... 27845 90...... 28910 24787–25210...... 3 29989–30244...... 24 93...... 28910 5 CFR 25211–25514...... 4 30245–30508...... 25 94...... 28910 25515–26176...... 5 30509–30818...... 26 1653...... 30509 98...... 28910 26177–26578...... 6 30819–31216...... 27 2641...... 30245 300...... 26655 26579–26926...... 9 31217–31450...... 31 Proposed Rules: 441...... 26655 26927–27216...... 10 550...... 24406 530...... 26655 27217–27602...... 11 2640...... 24816 531...... 26655 27603–27842...... 12 532...... 26655 27843–28164...... 13 6 CFR 533...... 26655 28165–28302...... 16 5...... 27847 534...... 26655 28303–28622...... 17 537...... 26655 28623–28884...... 18 7 CFR 539...... 26655 28885–29142...... 19 28...... 25533 540...... 26655 29143–29632...... 20 205...... 26177, 26927 541...... 26655

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544...... 26655 39 ...... 24343, 24345, 24349, 405...... 24802 1206...... 30878, 30881 548...... 26655 24351, 24354, 24356, 24358, 416...... 24802 550...... 26655 24360, 24793, 24796, 24798, 422...... 24802 31 CFR 552...... 26655 25534, 25535, 27220, 27227, Proposed Rules: Proposed Rules: 555...... 26655 27232, 27237, 27239, 27240, 217...... 31262 1069...... 24410 557...... 26655 27242, 27244, 27246, 27861, 559...... 26655 27863, 27865, 27872, 27875, 21 CFR 32 CFR 560...... 26655 27880, 28169, 28626, 28632, 1...... 25531, 25542 706...... 28180, 30254 561...... 26655 28635, 28637, 28639, 29997, 73...... 25234 30253, 30529 33 CFR 10 CFR 522...... 27888 71 ...... 25537, 28305, 28306, 800...... 28308 3...... 26603 429...... 24762 28308, 28641, 28887, 28888, 878...... 29153 100 ...... 26603, 27890, 27892, 430...... 24762, 25211 30532, 30533, 30534, 30821 29640, 29642, 30255, 30823, 600...... 26579 Proposed Rules: 97 ...... 25231, 25232, 28171, 11...... 30050, 30051 30825, 30827 603...... 26579 28173, 30534, 30536 101...... 30050, 30051 117 ...... 24372, 26181, 26182, 609...... 26579 Proposed Rules: 26606, 27250, 28309, 28311, 611...... 26579 866...... 28688, 28689 25 ...... 25648, 26949, 26957, 1316...... 26660 28645, 30014, 30830 Proposed Rules: 30294 161...... 31230 2...... 27924, 27925 39 ...... 24407, 24832, 25259, 22 CFR 165 ...... 24813, 25545, 25548, 26 ...... 24831, 28191, 28192 25264, 26959, 26962, 27281, 120...... 28174 26183, 26603, 26607, 26931, 35...... 29171 27282, 27615, 27617, 27952, 124...... 28174 27251, 27253, 27895, 27897, 40...... 28336 27954, 27956, 27958, 28373, 126...... 28174, 30001 28312, 28315, 28895, 29645, 50...... 26223 28376, 28683, 28914, 29176, 29647, 30014, 30018, 30020, 52...... 27924, 27925 29673, 30040, 30043, 30295, Proposed Rules: Ch. I ...... 26651 30255, 31230, 31233, 31235 61...... 24831 30573 334...... 30023, 30024 72...... 28193 65...... 29336 24 CFR Proposed Rules: 73...... 30280 71 ...... 24409, 26658, 27619, 100 ...... 27284, 30069, 30575, 74...... 28193 28379, 28382, 28684, 28685, 200...... 24363 207...... 24363 30884, 30825, 30827 150...... 28193, 28336 28686, 28687, 28915, 29176, 165 ...... 24837, 24840, 24843, 430...... 26656, 30555 30045, 30047, 30298, 30299, 25 CFR 25278, 27967, 27970, 28386, 431...... 25622 30300 30072, 30584 1703...... 28194 119...... 29336 Proposed Rules: 167...... 27287, 27288 121...... 29336 Ch. III ...... 26967 12 CFR 135...... 29336 34 CFR 226...... 31221 142...... 29336 26 CFR Proposed Rules: 335...... 28168 460...... 24836 1 ...... 26178, 27609, 28890 Ch. VI...... 25650 614...... 29992, 30246 31...... 26583 15 CFR 704...... 30510 301...... 24813, 30254 36 CFR 740...... 30521 714...... 26583 Proposed Rules: 67...... 30539 741...... 30510 734...... 29610 1...... 30052 Proposed Rules: 745...... 30250 740...... 29610 31...... 26678 750...... 30510 742...... 29610 7...... 28388 743...... 29610 956...... 29147 27 CFR 37 CFR 744...... 29998 Ch. X...... 31222 9...... 30002 1202...... 29633 772...... 29610 202...... 27898 Proposed Rules: 1267...... 29147 774...... 29610, 30538 203...... 27898 9...... 30052, 30060 211...... 27898 Proposed Rules: 16 CFR 4...... 30557 28 CFR 1217...... 27882 38 CFR 5...... 30557 58...... 31225 7...... 30557 1512...... 27882 17...... 26148 8...... 30557 Proposed Rules: 71...... 26148 17 CFR 8...... 26660 28...... 30557 Proposed Rules: 4...... 28641 9...... 26660 34...... 30557 17...... 28917, 30598 202...... 28888 50...... 29675 45...... 27564 39...... 28925 Proposed Rules: Ch. XI...... 26651 205...... 29902 Ch. I ...... 25274 39 CFR 226...... 27390 1...... 27802, 29818 29 CFR 237...... 27564 111...... 30542 23...... 27621, 27802 324...... 27564 1910...... 24576 Proposed Rules: 140...... 27802 1915...... 24576 3050...... 28696, 30893 349...... 28358 200...... 30048 618...... 30280 4022...... 27889 229...... 25273 Proposed Rules: 40 CFR 624...... 27564 240 ...... 25273, 26550, 29818 705...... 30286 1904...... 28383 2...... 30782 242...... 26550 2205...... 30064 1221...... 27564 249...... 26550 9...... 26186 275...... 27959 52 ...... 24372, 25178, 26192, 13 CFR 30 CFR 26609, 26615, 26933, 27610, 124...... 27859 18 CFR 285...... 28178 27613, 27898, 27904, 27908, Proposed Rules: Proposed Rules: 901...... 30008 28181, 28646, 28661, 29153, 121 ...... 26948, 27935, 27952 Ch. 1 ...... 30869 926...... 30010 29649, 29652, 30025, 30832, 124...... 26948 Proposed Rules: 31237, 31239, 31241, 31242 125...... 26948 19 CFR 70...... 25277, 30878 55...... 29158 126...... 26948 4...... 27606 71...... 25277, 30878 60...... 28318, 28662 127...... 26948 122...... 30822 72...... 25277, 30878 63 ...... 28318, 28662, 28664, 210...... 24363 75...... 25277, 30878 30545 14 CFR 90...... 25277, 30878 81...... 31245 25 ...... 25229, 30523, 31223 20 CFR 104...... 25277 180 ...... 25236, 25240, 26194, 33...... 30819 404...... 24802 1202...... 30878, 30881 27256, 27261, 27268, 28675

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268...... 30027 44 CFR 11...... 31395 195...... 25576, 28326 272...... 26616 64...... 26938, 30837 12...... 31395 225...... 30855 300...... 30027 65...... 26941, 26943 13...... 31395 383...... 26854 710...... 27271 67...... 29656 23...... 31395 384...... 26854 721 ...... 26186, 27910, 30835 25...... 31415 385...... 26854 Proposed Rules: 36...... 31395 390...... 29169 1042...... 25246, 26620 67 ...... 26968, 26976, 26978, 37...... 31395 395...... 25588 Proposed Rules: 26980, 26981, 26982 52 ...... 24421, 24846, 25652, 39...... 31395 451...... 24402 26224, 26679, 27290, 27622, 45 CFR 42...... 31402, 31416 571...... 28132 52 ...... 31395, 31402, 31410, 27973, 28195, 28393, 28696, 154...... 29964 Proposed Rules: 28707, 28934, 28942, 28944, 31415, 31416 23...... 30898 29180, 29182, 29680, 29686, Proposed Rules: 53...... 31416 172...... 27300 164...... 31426 29688, 29695, 30080, 30600, Ch. 2 ...... 27274 177...... 27300 170...... 31272 30602, 30894, 30896, 31263 209...... 27274 Ch. II ...... 26682 211...... 25565 60...... 24976 47 CFR 383...... 31279 63 ...... 24976, 29032, 29528, 215...... 28856 385...... 26681, 28207 30604 0 ...... 24376, 24383, 26199 216...... 25566 386...... 26681, 28207 81...... 29695 1 ...... 24376, 24383, 26620, 223...... 25569 390 ...... 26681, 28207, 28403, 141...... 31271 29158, 30551, 31252 225...... 27274 31279 180...... 25281 2...... 31252 234...... 28856 391...... 28403 272...... 26681 20...... 26199 237...... 25565 395...... 26681, 28207 300...... 30081 25...... 31252 242...... 28856 531...... 26996 721...... 26225, 27294 36...... 30840 244...... 28856 533...... 26996 64 ...... 24393, 26641, 30841, 245...... 28856 665...... 28947 41 CFR 31261 252 ...... 25566, 25569, 28856 73...... 27914 501...... 30842 102–42...... 30550 Proposed Rules: 552...... 30842 50 CFR Ch. I ...... 28397 570...... 30842 17 ...... 25590, 25593, 29108, 42 CFR 0...... 24434 601...... 30264 30758 412...... 26432 1 ...... 24434, 26983, 30605 Proposed Rules: 21...... 29665 422...... 26490 2...... 26983 4...... 24443 218 ...... 25480, 27915, 30552 480...... 26490 22...... 26983 8...... 24443 622...... 30034, 30554 482...... 25550 24...... 26983 17...... 24443 648 ...... 28328, 29670, 30035, 485...... 25550 27...... 26983 37...... 24443 30265 Proposed Rules: 64...... 24437, 24442 52...... 24443 660 ...... 25246, 27508, 28897, 10...... 29183 73...... 24846, 28946 Ch. 6 ...... 26651 30276 Ch. IV...... 28196 90...... 26983, 27296 1511...... 26232 679 ...... 24403, 24404, 29671 412...... 25788 95...... 26983 1552...... 26235 Proposed Rules: 413...... 25788, 26364 1809...... 25656 17 ...... 25150, 26086, 27184, 418...... 26806, 28195 48 CFR 1812...... 25657, 30301 27629, 27756, 28405, 30082, 424...... 26364 19...... 26220 1828...... 25657 31282 447...... 26342 Ch. I ...... 31394 1852...... 25657 223...... 28715 455...... 26364 1...... 31395 226...... 25660 476...... 25788 2...... 31395 49 CFR 424...... 28405 482...... 25460 4 ...... 31395, 31402, 31410 178...... 30551 600...... 29707 485...... 25460 5...... 31395 191...... 28326 648...... 24444, 29717 491...... 25460 7...... 31395 192...... 28326 665...... 29718 494...... 25460 9...... 31410 193...... 28326 679...... 25295

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The text of laws is not H.R. 1308/P.L. 112–13 enacted public laws. To published in the Federal To amend the Ronald Reagan subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Centennial Commission Act to listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual extend the termination date for publaws-l.html pamphlet) form from the the Commission, and for other purposes. (May 12, 2011; 125 This is a continuing list of Superintendent of Documents, Stat. 215) Note: This service is strictly public bills from the current U.S. Government Printing for E-mail notification of new session of Congress which Last List April 28, 2011 Office, Washington, DC 20402 laws. The text of laws is not have become Federal laws. It (phone, 202–512–1808). The available through this service. may be used in conjunction text will also be made Public Laws Electronic PENS cannot respond to with ‘‘P L U S’’ (Public Laws available on the Internet from Update Service) on 202–741– Notification Service specific inquiries sent to this GPO’s Federal Digital System 6043. This list is also (PENS) address. (FDsys) at http://www.gpo.gov/ available online at http:// fdsys. Some laws may not yet www.archives.gov/federal- PENS is a free electronic mail register/laws. be available. notification service of newly

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