Vol. 77 Monday, No. 166 August 27, 2012

Pages 51681–51866

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 77, No. 166

Monday, August 27, 2012

Agricultural Marketing Service Consumer Product Safety Commission RULES PROPOSED RULES Increased Assessment Rate: All-Terrain Vehicle Safety Summit, 51731–51733 Olives Grown in California, 51684–51686 Milk in the Mideast Marketing Area, 51693–51695 Copyright Royalty Board Specialty Crops; Import Regulations: NOTICES New Pistachio Import Requirements, 51686–51693 Intent to Audit, 51830–51831 NOTICES United States Standards: Defense Department Grades of Grapefruit Juice, 51750–51751 See Air Force Department NOTICES Agriculture Department 36(b)(1) Arms Sales, 51780–51782 See Agricultural Marketing Service Agency Information Collection Activities; Proposals, See Farm Service Agency Submissions, and Approvals: See Foreign Agricultural Service Federal Acquisition Regulation; Contractors Purchasing See Forest Service Systems Reviews, 51783–51784 RULES Federal Acquisition Regulation; Price Redetermination, Adjustment of Appendices to the Dairy Tariff-Rate Import 51784 Quota Licensing Regulation for the 2012 Tariff-Rate Federal Acquisition Regulation; Qualification Quota Year, 51681–51683 Requirements, 51784–51785 NOTICES Federal Acquisition Regulation; Taxpayer Identification Agency Information Collection Activities; Proposals, Number Information, 51782–51783 Submissions, and Approvals, 51748–51750 Federal Acquisition Regulations: Information Collection; Change Order Accounting, Air Force Department 51804–51805 NOTICES Meetings: Agency Information Collection Activities; Proposals, Military Family Readiness Council, 51785–51786 Submissions, and Approvals, 51786 Scientific Advisory Board, 51785

Centers for Disease Control and Prevention Delaware River Basin Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 51806–51810 Delaware River Basin Commission; Public Hearing, 51787 Meetings: Safety and Occupational Health Study Section, National Department of Transportation Institute for Occupational Safety and Health, 51810– See Pipeline and Hazardous Materials Safety 51811 Administration

Children and Families Administration Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Emergency Contingency Fund for Temporary Assistance 2012–13 Teacher Follow-up Survey and Principal for Needy Families Programs, 51811 Follow-up Survey to Schools and Staffing Survey, 51787–51788 Coast Guard Education Longitudinal Study 2002 Third Follow-up RULES Postsecondary Transcripts and Financial Aid Drawbridge Operations: Feasibility Study, 51788–51789 Cape Fear River, Wilmington, NC, 51699–51700 Wando River, Cainhoy, SC, 51700–51701 Energy Department NOTICES See Energy Information Administration Meetings: See Federal Energy Regulatory Commission National Maritime Security Advisory Committee, 51817– NOTICES 51818 Meetings: DOE/NSF Nuclear Science Advisory Committee, 51791 Commerce Department Environmental Management Site-Specific Advisory See International Trade Administration Board, Northern New Mexico, 51789 See National Oceanic and Atmospheric Administration Environmental Management Site-Specific Advisory NOTICES Board, Paducah, 51789–51790 Agency Information Collection Activities; Proposals, Presidents Council of Advisors on Science and Submissions, and Approvals, 51753–51754 Technology, 51790–51791

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Energy Information Administration Federal Motor Carrier Safety Administration NOTICES RULES Agency Information Collection Activities; Proposals, Gross Combination Weight Rating; Definition, 51706–51709 Submissions, and Approvals, 51791–51792 Rescission of Quarterly Financial Reporting Requirements; Withdrawal, 51705–51706 Environmental Protection Agency Transportation of Household Goods in Interstate Commerce; RULES Consumer Protection Regulations: Denials of Petitions to Reconsider: Household Goods Motor Carrier Record Retention Greenhouse Gas Emissions Standards and Fuel Efficiency Requirements, 51706 Standards for Medium- and Heavy-Duty Engines and NOTICES Vehicles, 51701–51705 Qualifications of Drivers; Exemption Applications: PROPOSED RULES Diabetes Mellitus, 51845–51846 Approvals and Promulgations of Implementation Plans: Vision, 51846–51848 Tennessee; Regional Haze State Implementation Plan, Best Available Retrofit Technology for Eastman Federal Trade Commission Chemical Company, 51739–51743 RULES NOTICES Telemarketing Sales Rule Fees, 51697–51698 Review of the National Ambient Air Quality Standards for NOTICES Ozone; First Draft: Cooperativa de Farmacias Puertorriquenas; Analysis of Comment Request, 51798–51800 Agreement Containing Consent Order to Aid Public Comment, 51801–51804 Executive Office of the President See Management and Budget Office Fish and Wildlife Service NOTICES Farm Service Agency Endangered Species Permit Applications, 51819–51822 NOTICES Agency Information Collection Activities; Proposals, Food and Drug Administration Submissions, and Approvals: NOTICES Farm Loan Programs, Direct Loan Making, 51751 Draft Guidances for Industry: Generic Drug User Fee Amendments of 2012, Questions Federal Aviation Administration and Answers, 51814 RULES Self-Identification of Generic Drug Facilities, Sites, and Airworthiness Directives: Organizations, 51811–51814 Honeywell International Inc. Turbofan Engines, 51695– Meetings: 51697 PROPOSED RULES Generic Drug User Fee Amendments of 2012, 51814– Airworthiness Directives: 51815 Airbus Airplanes, 51717–51720, 51729–51731 Opportunity to Withdraw Abbreviated New Drug The Boeing Company, 51724–51729 Applications to Avoid Backlog Fee Obligations, 51816 The Boeing Company Airplanes, 51720–51722 Foreign Agricultural Service The Boeing Company Airplanes; Rescission, 51722–51724 NOTICES Federal Deposit Insurance Corporation Assessment of Fees for Dairy Import Licenses for the 2013 NOTICES Tariff-Rate Import Quota Year, 51751–51752 Terminations of Receiverships: Badger State Bank, Cassville, WI, 51800–51801 Forest Service NOTICES Federal Emergency Management Agency Meetings: PROPOSED RULES Daniel Boone National Forest Resource Advisory Flood Elevation Determinations: Committee, 51753 Correction, 51743–51744 MedBow-Routt Resource Advisory Committee, 51752– Proposed Flood Elevation Determinations; Correction, 51753 51744–51747 Siskiyou, OR Resource Advisory Committee, 51752 Federal Energy Regulatory Commission General Services Administration NOTICES NOTICES Applications: Agency Information Collection Activities; Proposals, City of Pendleton, Oregon, 51793–51794 Submissions, and Approvals: Colorado Interstate Gas Company, L.L.C., 51792–51793 Federal Acquisition Regulation; Contractors Purchasing Transcontinental Gas Pipe Line Company, LLC, 51793 Systems Reviews, 51783–51784 Requests under Blanket Authorizations: Federal Acquisition Regulation; Price Redetermination, East Tennessee Natural Gas, LLC, 51794–51795 51784 Technical Conference: Federal Acquisition Regulation; Qualification Coordination between Natural Gas and Electricity Requirements, 51784–51785 Markets, 51795–51798 Federal Acquisition Regulation; Taxpayer Identification Number Information, 51782–51783 Federal Maritime Commission Federal Acquisition Regulations: NOTICES Information Collection; Change Order Accounting, Controlled Carriers, 51801 51804–51805

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Health and Human Services Department Determinations: See Centers for Disease Control and Prevention Dominican Republic-Central America-United States Free See Children and Families Administration Trade Agreement, 51828 See Food and Drug Administration See National Institutes of Health Land Management Bureau NOTICES NOTICES Office of the National Coordinator for Health Information Filings of Plats of Surveys: Technology: Arizona, 51822 Announcement of Requirements and Registration for Oregon/Washington, 51822–51823 Reducing Cancer Among Women of Color Challenge, Meetings: 51805–51806 Central Montana Resource Advisory Council, 51823– 51824 Homeland Security Department Western Oregon Resource Advisory Committees, 51823 See Coast Guard Library of Congress See Federal Emergency Management Agency See Copyright Royalty Board See U.S. Customs and Border Protection Management and Budget Office Interior Department NOTICES See Fish and Wildlife Service Sequestration Update Report to the President and Congress See Land Management Bureau for Fiscal Year 2013, 51831 See National Park Service National Aeronautics and Space Administration International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Final Results and Final Rescission in Part: Submissions, and Approvals: Wooden Bedroom Furniture from People’s Republic of Federal Acquisition Regulation; Contractors Purchasing China, 51754–51758 Systems Reviews, 51783–51784 Quarterly Updates to Annual Listing of Foreign Federal Acquisition Regulation; Price Redetermination, Government Subsidies: 51784 Articles of Cheese Subject to an In-Quota Rate of Duty, Federal Acquisition Regulation; Qualification 51758–51759 Requirements, 51784–51785 U.S. Medical Mission to Brazil: Federal Acquisition Regulation; Taxpayer Identification Sao Paulo, Brazil May 21–24, 2013, 51759–51761 Number Information, 51782–51783 Federal Acquisition Regulations: International Trade Commission Information Collection; Change Order Accounting, NOTICES 51804–51805 Investigations: National Institutes of Health Environmental and Related Services, 51824–51825 NOTICES Investigations; Results, Amendments, Determinations, etc.: Meetings: Ferrovanadium and Nitrided Vanadium from Russia, Center for Scientific Review, 51816–51817 51825 Terminations of Investigation: National Oceanic and Atmospheric Administration Certain Drill Bits And Products Containing Same, 51825– RULES 51826 Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Justice Department Framework Adjustment 6, 51854–51857 See Justice Programs Office Atlantic Mackerel, Squid, and Butterfish Fisheries; RULES Specifications and Management Measures, 51858– Authorization to Seize Property Involved in Drug Offenses 51865 for Administrative Forfeiture (2012R–9P), 51698–51699 International Fisheries: NOTICES Western and Central Pacific Fisheries for Highly Lodgings of Consent Decrees: Migratory Species; Bigeye Tuna Catch Limit in Clean Water Act, 51826 Longline Fisheries for 2012, 51709–51716 NOTICES Justice Programs Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Economic Surveys for U.S. Commercial Fisheries, 51762 Public Safety Officer Medal of Valor Review Board, Groundfish Tagging Program, 51761 51826–51827 Endangered and Threatened Species: Take of Anadromous Fish, 51763 Labor Department Endangered and Threatened Wildlife: See Workers Compensation Programs Office 90-Day Finding on a Petition to List the Queen Conch as NOTICES Threatened or Endangered Under the Endangered Agency Information Collection Activities; Proposals, Species Act, 51763–51767 Submissions, and Approvals: 90-Day Finding on Petition to List Five Species of Ground Control Plans for Surface Coal Mines and Surface Sturgeon as Threatened or Endangered Under Work Areas of Underground Coal Mines, 51827 Endangered Species Act, 51767–51771

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Fisheries of the Gulf of Mexico and South Atlantic: Transportation Department Southeast Data, Assessment, and Review, 51771–51772 See Federal Aviation Administration Meetings: See Federal Motor Carrier Safety Administration Pacific Fishery Management Council, 51772–51773 See Pipeline and Hazardous Materials Safety Takes of Marine Mammals Incidental to Specified Administration Activities: NOTICES Bird Mitigation Research in the Farallon National Agency Information Collection Activities; Proposals, Wildlife Refuge, 51773–51780 Submissions, and Approvals, 51843–51845 Meetings: National Park Service Intelligent Transportation Systems Program Advisory PROPOSED RULES Committee, 51845 Special Regulations: Areas of the National Park System, New River Gorge National River, Bicycle Routes, 51733–51739 U.S. Customs and Border Protection NOTICES National Science Foundation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Antarctic Conservation Act Permit Applications, 51831– Application and Approval to Manipulate, Examine, 51832 Sample, or Transfer Goods, 51818 User Fees, 51818–51819 Nuclear Regulatory Commission NOTICES Veterans Affairs Department Atomic Safety and Licensing Board Hearings: NOTICES Progress Energy Florida, Inc., Levy County Nuclear Power Agency Information Collection Activities; Proposals, Plant, Units 1 and 2, 51832–51833 Submissions, and Approvals: Office of Management and Budget PACT Demo Lab, Clinical Innovation Study; See Management and Budget Office Implementation of a Patient Centered Medical Home etc., 51849–51850 Pipeline and Hazardous Materials Safety Administration PACT; Clinical Innovation Study – Helping Veterans NOTICES Manage Chronic Pain, 51850–51851 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workers Compensation Programs Office Pipeline Safety, 51848–51849 NOTICES Agency Information Collection Activities; Proposals, Railroad Retirement Board Submissions, and Approvals, 51828–51830 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51833–51835 Separate Parts In This Issue Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Part II NASDAQ OMX PHLX LLC, 51835–51837, 51839–51840 Commerce Department, National Oceanic and Atmospheric NYSE MKT LLC, 51837–51839 Administration, 51854–51865 Social Security Administration NOTICES Reader Aids Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51840–51842 Consult the Reader Aids section at the end of this page for Social Security Acquiescence Ruling, 51842–51843 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Culturally Significant Objects Imported for Exhibition: listserv.access.gpo.gov and select Online mailing list Plants of Virtue and Rocks by a Stream, by Shitao; archives, FEDREGTOC-L, Join or leave the list (or change Correction, 51843 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 6...... 51681 932...... 51684 999...... 51686 1033...... 51693 14 CFR 39...... 51695 Proposed Rules: 39 (5 documents) ...... 51717, 51720, 51722, 51724, 51729 16 CFR 310...... 51697 Proposed Rules: Ch. II ...... 51731 28 CFR 0...... 51698 33 CFR 117 (2 documents) ...... 51699, 51700 36 CFR Proposed Rules: 7...... 51733 40 CFR 85...... 51701 86...... 51701 600...... 51701 1033...... 51701 1036...... 51701 1037...... 51701 1039...... 51701 1065...... 51701 1066...... 51701 1068...... 51701 Proposed Rules: 52...... 51739 44 CFR Proposed Rules: 67 (3 documents) ...... 51743, 51744, 51745 49 CFR 369...... 51705 375...... 51706 383...... 51706 390...... 51706 50 CFR 300...... 51709 648 (2 documents) ...... 51854, 51858

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Rules and Regulations Federal Register Vol. 77, No. 166

Monday, August 27, 2012

This section of the FEDERAL REGISTER Independence Avenue SW., Stop 1021, amount of such license will be contains regulatory documents having general Washington, DC 20250–1021; or by transferred to Appendix 2.’’ Section applicability and legal effect, most of which telephone at (202) 720–9439; or by 6.34(b) provides that the cumulative are keyed to and codified in the Code of email at: abdelsalam.el- annual transfers will be published in the Federal Regulations, which is published under [email protected]. Federal Register. Accordingly, this 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: The document sets forth the revised The Code of Federal Regulations is sold by Foreign Agricultural Service, under a Appendices for the 2012 tariff-rate quota the Superintendent of Documents. Prices of delegation of authority from the year. new books are listed in the first FEDERAL Secretary of Agriculture, administers the List of Subjects in 7 CFR Part 6 REGISTER issue of each week. Dairy Tariff-Rate Import Quota Licensing Regulation codified at 7 CFR Agricultural commodities, Cheese, 6.20–6.37 that provides for the issuance Dairy products, Imports, Reporting and DEPARTMENT OF AGRICULTURE of licenses to import certain dairy recordkeeping requirements. Office of the Secretary articles under tariff-rate quotas (TRQs) Issued at Washington, DC, the 13th day of as set forth in the Harmonized Tariff July, 2012. 7 CFR Part 6 Schedule of the United States. These Ronald Lord, dairy articles may only be entered into Licensing Authority. Adjustment of Appendices to the Dairy the United States at the low-tier tariff by Tariff-Rate Import Quota Licensing or for the account of a person or firm to Accordingly, 7 CFR part 6 is amended Regulation for the 2012 Tariff-Rate whom such licenses have been issued as follows: Quota Year and only in accordance with the terms PART 6—IMPORT QUOTAS AND FEES and conditions of the regulation. AGENCY: Office of the Secretary, USDA. Licenses are issued on a calendar year ■ 1. The authority citation for Part 6, ACTION: Final rule. basis, and each license authorizes the Subpart—Dairy Tariff-Rate Import license holder to import a specified Quota Licensing continues to read as SUMMARY: This document sets forth the quantity and type of dairy article from follows: revised appendices to the Dairy Tariff- a specified country of origin. The Import Rate Import Quota Licensing Regulation Policies and Export Reporting Division, Authority: Additional U.S. Notes 6, 7, 8, for the 2012 quota year reflecting the Foreign Agricultural Service, U.S. 12, 14, 16–23 and 25 to Chapter 4 and cumulative annual transfers from Department of Agriculture, issues these General Note 15 of the Harmonized Tariff Schedule of the United States (19 U.S.C. Appendix 1 to Appendix 2 for certain licenses and, in conjunction with U.S. dairy product import licenses 1202), Pub. L. 97–258, 96 Stat. 1051, as Customs and Border Protection, U.S. amended (31 U.S.C. 9701), and secs. 103 and permanently surrendered by licensees Department of Homeland Security, or revoked by the Licensing Authority. 404, Pub. L. 103–465, 108 Stat. 4819 (19 monitors their use. U.S.C. 3513 and 3601). DATES: Effective Date: August 27, 2012. The regulation at 7 CFR 6.34(a) states: ■ 2. Appendices 1, 2 and 3 to Subpart— FOR FURTHER INFORMATION CONTACT: ‘‘Whenever a historical license Dairy Tariff-Rate Import Quota Abdelsalam El-Farra, Dairy Import (Appendix 1) is not issued to an Licensing are revised to read as follows: Licensing Program, Import Policies and applicant pursuant to the provisions of Export Reporting Division, U.S. § 6.23, is permanently surrendered or is Appendices 1–3 to Subpart—Dairy Department of Agriculture, 1400 revoked by the Licensing Authority, the Tariff-Rate Import Quota Licensing

ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES; AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2012 [Quantities in kilograms]

Sum of Appendix 3 Article by additional U.S. Note No. and country of Appendix 1 Appendix 2 Appendix Harmonized origin 1&2 Tokyo R. Uruguay R. tariff schedule

NON–CHEESE ARTICLES

BUTTER (G–NOTE 6) ...... 4,733,992 2,243,008 6,977,000 ...... 6,977,000 EU–25 ...... 75,000 21,161 96,161 ...... New Zealand ...... 110,045 40,548 150,593 ...... Other Countries...... 41,970 31,965 73,935 ...... Any Country ...... 4,506,977 2,149,334 6,656,311 ...... DRIED SKIM MILK (K–NOTE 7) ...... 5,261,000 5,261,000 ...... 5,261,000 Australia ...... 600,076 600,076 ...... Canada ...... 219,565 219,565 ...... Any Country ...... 4,441,359 4,441,359 ...... DRIED WHOLE MILK (H–NOTE 8) ...... 3,175 3,318,125 3,321,300 ...... 3,321,300 New Zealand...... 3,175 ...... 3,175 ...... Any Country ...... 3,318,125 3,318,125 ...... DRIED BUTTERMILK/WHEY (M–NOTE 12) ...... 224,981 224,981 ...... 224,981

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ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES; AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2012—Continued [Quantities in kilograms]

Sum of Appendix 3 Article by additional U.S. Note No. and country of Appendix 1 Appendix 2 Appendix Harmonized origin 1&2 Tokyo R. Uruguay R. tariff schedule

Canada ...... 161,161 161,161 ...... New Zealand ...... 63,820 63,820 ...... BUTTER SUBSTITUTES CONTAINING OVER 45 PERCENT OF BUTTERFAT AND/OR BUTTER OIL (SU–NOTE 14) ...... 6,080,500 6,080,500 ...... 6,080,500 Any Country ...... 6,080,500 6,080,500 ......

TOTAL: NON–CHEESE ARTICLES ...... 4,737,167 17,127,614 21,864,781 ...... 21,864,781

CHEESE ARTICLES

CHEESE AND SUBSTITUTES FOR CHEESE (EX- CEPT: SOFT RIPENED COW’S MILK CHEESE; CHEESE NOT CONTAINING COW’S MILK; CHEESE (EXCEPT COTTAGE CHEESE) CON- TAINING 0.5 PERCENT OR LESS BY WEIGHT OF BUTTERFAT; AND, ARTICLES WITHIN THE SCOPE OF OTHER IMPORT QUOTAS PRO- VIDED FOR IN THIS SUBCHAPTER) (OT–NOTE 16) ...... 21,419,738 10,049,993 31,469,731 9,661,128 7,496,000 48,626,859 Argentina ...... 7,690 0 7,690 92,310 ...... 100,000 Australia ...... 535,628 5,542 541,170 758,830 1,750,000 3,050,000 Canada ...... 977,439 163,561 1,141,000 ...... 1,141,000 Costa Rica ...... 0 ...... 1,550,000 1,550,000 EU–25 ...... 15,729,427 7,538,229 23,267,656 1,132,568 3,446,000 27,846,224 Of which Portugal is: ...... 65,838 63,471 129,309 223,691 ...... 353,000 Israel ...... 79,696 0 79,696 593,304 ...... 673,000 Iceland ...... 294,000 0 294,000 29,000 ...... 323,000 New Zealand ...... 2,910,180 1,905,292 4,815,472 6,506,528 ...... 11,322,000 Norway ...... 124,982 25,018 150,000 ...... 150,000 Switzerland ...... 593,952 77,460 671,412 548,588 500,000 1,720,000 Uruguay ...... 0 ...... 250,000 250,000 Other Countries ...... 100,906 100,729 201,635 ...... 201,635 Any Country ...... 300,000 300,000 ...... 300,000 BLUE–MOLD CHEESE (EXCEPT STILTON PRO- DUCED IN THE UNITED KINGDOM) AND CHEESE AND SUBSTITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, BLUE– MOLD CHEESE (B–NOTE 17) ...... 2,283,646 197,355 2,481,001 ...... 430,000 2,911,001 Argentina ...... 2,000 0 2,000 ...... 2,000 EU–25 ...... 2,281,646 197,354 2,479,000 ...... 350,000 2,829,000 Chile ...... 80,000 80,000 Other Countries ...... 1 1 ...... 1 CHEDDAR CHEESE, AND CHEESE AND SUB- STITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, CHEDDAR CHEESE (C– NOTE 18) ...... 2,795,016 1,488,840 4,283,856 519,033 7,620,000 12,422,889 Australia ...... 902,462 82,037 984,499 215,501 1,250,000 2,450,000 Chile ...... 0 ...... 220,000 220,000 EU–25 ...... 52,404 210,596 263,000 ...... 1,050,000 1,313,000 New Zealand ...... 1,737,605 1,058,863 2,796,468 303,532 5,100,000 8,200,000 Other Countries ...... 102,545 37,344 139,889 ...... 139,889 Any Country ...... 100,000 100,000 ...... 100,000 AMERICAN–TYPE CHEESE, INCLUDING COLBY, WASHED CURD AND GRANULAR CHEESE (BUT NOT INCLUDING CHEDDAR) AND CHEESE AND SUBSTITUTES FOR CHEESE CONTAINING OR PROCESSED FROM SUCH AMERICAN–TYPE CHEESE (A–NOTE 19) ...... 2,688,157 477,396 3,165,553 357,003 ...... 3,522,556 Australia ...... 761,890 119,108 880,998 119,002 ...... 1,000,000 EU–25 ...... 145,147 208,853 354,000 ...... 354,000 New Zealand...... 1,630,479 131,520 1,761,999 238,001 ...... 2,000,000 Other Countries ...... 150,641 17,915 168,556 ...... 168,556 EDAM AND GOUDA CHEESE, AND CHEESE AND SUBSTITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, EDAM AND GOUDA CHEESE (E–NOTE 20) ...... 4,910,073 696,329 5,606,402 ...... 1,210,000 6,816,402 Argentina ...... 110,495 14,505 125,000 ...... 110,000 235,000

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ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES; AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2012—Continued [Quantities in kilograms]

Sum of Appendix 3 Article by additional U.S. Note No. and country of Appendix 1 Appendix 2 Appendix Harmonized origin 1&2 Tokyo R. Uruguay R. tariff schedule

EU–25 ...... 4,680,498 608,502 5,289,000 ...... 1,100,000 6,389,000 Norway ...... 114,318 52,682 167,000 ...... 167,000 Other Countries ...... 4,762 20,640 25,402 ...... 25,402 ITALIAN–TYPE CHEESES, MADE FROM COW’S MILK, (ROMANO MADE FROM COW’S MILK, REGGIANO, PARMESAN, PROVOLONE, PROVOLETTI, SBRINZ, AND GOYA–NOT IN ORIGINAL LOAVES) AND CHEESE AND SUB- STITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, SUCH ITALIAN–TYPE CHEESES, WHETHER OR NOT IN ORIGINAL LOAVES (D–NOTE 21) ...... 6,402,630 1,117,917 7,520,547 795,517 5,165,000 13,481,064 Argentina ...... 3,910,738 214,745 4,125,483 367,517 1,890,000 6,383,000 EU–25 ...... 2,491,892 890,108 3,382,000 ...... 2,025,000 5,407,000 Romania ...... 0 ...... 500,000 500,000 Uruguay ...... 0 ...... 428,000 750,000 1,178,000 Other Countries ...... 13,064 13,064 ...... 13,064 SWISS OR EMMENTHALER CHEESE OTHER THAN WITH EYE FORMATION, GRUYERE– PROCESS CHEESE AND CHEESE AND SUB- STITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, SUCH CHEESES (GR– NOTE 22)...... 5,264,929 1,386,385 6,651,314 823,519 380,000 7,854,833 EU–25 ...... 3,995,739 1,156,255 5,151,994 393,006 380,000 5,925,000 Switzerland ...... 1,235,692 183,795 1,419,487 430,513 ...... 1,850,000 Other Countries...... 33,498 46,335 79,833 ...... 79,833 CHEESE AND SUBSTITUTES FOR CHEESE, CON- TAINING 0.5 PERCENT OR LESS BY WEIGHT OF BUTTERFAT (EXCEPT ARTICLES WITHIN THE SCOPE OF OTHER TARIFF–RATE QUOTAS PROVIDED FOR IN THIS SUBCHAPTER), AND MARGARINE CHEESE (LF–NOTE 23) ...... 1,840,852 2,584,056 4,424,918 1,050,000 ...... 5,474,908 EU–25 ...... 1,840,852 2,584,055 4,424,907 ...... 4,424,907 Israel ...... 0 ...... 50,000 ...... 50,000 New Zealand ...... 0 ...... 1,000,000 ...... 1,000,000 Other Countries ...... 1 1 ...... 1 SWISS OR EMMENTHALER CHEESE WITH EYE FORMATION (SW–NOTE 25) ...... 15,565,737 6,731,594 22,297,331 9,557,945 2,620,000 34,475,276 Argentina ...... 9,115 9,115 70,885 ...... 80,000 Australia ...... 209,698 0 209,698 290,302 ...... 500,000 Canada ...... 0 ...... 70,000 ...... 70,000 EU–25 ...... 11,155,483 5,321,345 16,476,828 4,003,172 2,420,000 22,900,000 Iceland ...... 149,999 0 149,999 150,001 ...... 300,000 Israel ...... 27,000 0 27,000 ...... 27,000 Norway ...... 3,187,264 468,046 3,655,310 3,227,690 ...... 6,883,000 Switzerland ...... 776,708 907,397 1,684,105 1,745,895 200,000 3,630,000 Other Countries...... 59,585 25,691 85,276 ...... 85,276

TOTAL: CHEESE ARTICLES ...... 63,170,778 24,729,865 87,900,653 22,764,145 24,921,000 135,585,788

TOTAL: CHEESE ARTICLES & NON– CHEESE ARTICLES ...... 67,907,945 41,857,479 109,765,434 22,764,145 24,921,000 157,450,569

[FR Doc. 2012–20943 Filed 8–24–12; 8:45 am] BILLING CODE 3410–10–P

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DEPARTMENT OF AGRICULTURE Reform. Under the marketing order now assessable olives. Olives are an alternate in effect, California olive handlers are year bearing crop. Olive growers and Agricultural Marketing Service subject to assessments. Funds to handlers are accustomed to wide swings administer the order are derived from in crop yields and assessments from 7 CFR Part 932 such assessments. It is intended that the year to year. In comparison, last year’s [Doc. No. AMS–FV–11–0093; FV12–932–1 assessment rate as issued herein will be budgeted expenditures were $2,203,909. FR] applicable to all assessable olives The assessment rate of $31.32 is $14.71 beginning on January 1, 2012, and higher than the rate currently in effect. Olives Grown in California; Increased continue until amended, suspended, or The Committee recommended the Assessment Rate terminated. The Act provides that administrative higher assessment rate because of a AGENCY: Agricultural Marketing Service, proceedings must be exhausted before substantial decrease in the assessable USDA. parties may file suit in court. Under olive volume for the 2012 fiscal year. ACTION: Final rule. section 608c(15)(A) of the Act, any The olive volume available for fiscal handler subject to an order may file year 2011 as reported by the California SUMMARY: This rule increases the with USDA a petition stating that the Agricultural Statistics Service (CASS) is assessment rate established for the order, any provision of the order, or any 26,944 tons, which compares to 167,000 California Olive Committee (Committee) obligation imposed in connection with tons reported for the 2010 fiscal year. for 2012 and subsequent fiscal years the order is not in accordance with law The reduced crop is due to olives being from $16.61 to $31.32 per assessable ton and request a modification of the order an alternate year bearing fruit. The of olives handled. The Committee or to be exempted therefrom. Such Committee also plans to use available locally administers the marketing order handler is afforded the opportunity for reserve funds to help meet its 2012 which regulates the handling of olives a hearing on the petition. After the expenses. grown in California. Assessments upon hearing, USDA would rule on the The major expenditures olive handlers are used by the petition. The Act provides that the Committee to fund reasonable and district court of the United States in any recommended by the Committee for the necessary expenses of the program. The district in which the handler is an 2012 fiscal year include $333,791 for fiscal year began January 1 and ends inhabitant, or has his or her principal research, $480,000 for marketing December 31. The assessment rate will place of business, has jurisdiction to activities, $50,000 for inspection remain in effect indefinitely unless review USDA’s ruling on the petition, equipment development, and $333,500 modified, suspended, or terminated. provided an action is filed not later than for administration. Budgeted expenses DATES: Effective Date: August 28, 2012. 20 days after the date of the entry of the for these items in 2011 were $1,093,009, FOR FURTHER INFORMATION CONTACT: Jerry ruling. $700,000, $75,000 and $335,900, L. Simmons, Marketing Specialist or This rule increases the assessment respectively. Kurt J. Kimmel, Regional Director, rate established for the Committee for The assessment rate recommended by California Marketing Field Office, the 2012 and subsequent fiscal years the Committee was derived by Marketing Order and Agreement from $16.61 to $31.32 per ton of considering anticipated fiscal year Division, Fruit and Vegetable Programs, assessable olives. expenses, actual olive tonnage received The California olive marketing order AMS, USDA; Telephone: (559) 487– by handlers during the 2011 crop year, provides authority for the Committee, 5901, Fax: (559) 487–5906, or Email: with the approval of USDA, to formulate and additional pertinent factors. Actual [email protected] or an annual budget of expenses and assessable tonnage for the 2012 fiscal [email protected]. collect assessments from handlers to year is expected to be lower than the Small businesses may request administer the program. The members 2011 crop receipts of 167,000 tons information on complying with this of the Committee are producers and reported by the CASS because some regulation by contacting Laurel May, handlers of California olives. They are olives may be diverted by handlers to Marketing Order and Agreement familiar with the Committee’s needs and uses that are exempt from marketing Division, Fruit and Vegetable Programs, with the costs for goods and services in order requirements. Income derived AMS, USDA, 1400 Independence their local area and are thus in a from handler assessments, along with Avenue SW., STOP 0237, Washington, position to formulate an appropriate interest income and funds from the DC 20250–0237; Telephone: (202) 720– budget and assessment rate. The Committee’s authorized reserve would 2491, Fax: (202) 720–8938, or Email: assessment rate is formulated and be adequate to cover budgeted expenses. [email protected]. discussed in a public meeting. Thus, all Funds in the reserve will be kept within SUPPLEMENTARY INFORMATION: This rule directly affected persons have an the maximum permitted by the order of is issued under Marketing Agreement opportunity to participate and provide approximately one fiscal year’s No. 148 and Order No. 932, both as input. expenses (§ 932.40). amended (7 CFR part 932), regulating For the 2011 and subsequent fiscal The assessment rate established in the handling of olives grown in years, the Committee recommended, this rule will continue in effect California, hereinafter referred to as the and USDA approved, an assessment rate indefinitely unless modified, ‘‘order.’’ The order is effective under the that would continue in effect from fiscal suspended, or terminated by USDA Agricultural Marketing Agreement Act year to fiscal year unless modified, upon recommendation and information of 1937, as amended (7 U.S.C. 601–674), suspended, or terminated by USDA submitted by the Committee or other hereinafter referred to as the ‘‘Act.’’ upon recommendation and information available information. The Department of Agriculture submitted by the Committee or other (USDA) is issuing this rule in information available to USDA. Although this assessment rate will be conformance with Executive Order The Committee met on December 15, in effect for an indefinite period, the 12866. 2011, and unanimously recommended Committee will continue to meet prior This rule has been reviewed under 2012 expenditures of $1,197,291 and an to or during each fiscal year to Executive Order 12988, Civil Justice assessment rate of $31.32 per ton of recommend a budget of expenses and

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consider recommendations for higher assessment rate is necessary Like all Committee meetings, the modification of the assessment rate. The because assessable olive receipts for the December 15, 2011, meeting was a dates and times of Committee meetings 2012 fiscal year were reported by the public meeting and all entities, both are available from the Committee or CASS to be 26,944 tons, compared to large and small, were able to express USDA. Committee meetings are open to 167,000 tons for the 2011 fiscal year. views on this issue. the public and interested persons may Actual assessable tonnage for the 2012 In accordance with the Paperwork express their views at these meetings. fiscal year is expected to be lower Reduction Act of 1995, (44 U.S.C. USDA will evaluate Committee because some of the receipts may be chapter 35), the order’s information recommendations and other available diverted by handlers to exempt outlets collection requirements have been information to determine whether on which assessments are not paid. previously approved by the Office of modification of the assessment rate is Income derived from the $31.32 per ton Management and Budget (OMB) and needed. Further rulemaking will be assessment rate along with funds from assigned OMB No. 0581–0178. No undertaken as necessary. The the authorized reserve and interest changes in those requirements as a Committee’s 2012 budget and those for income should be adequate to meet this result of this action are necessary. subsequent fiscal years will be reviewed year’s expenses. Should any changes become necessary, and, as appropriate, approved by USDA. The major expenditures they will be submitted to OMB for recommended by the Committee for the approval. Final Regulatory Flexibility Analysis 2012 fiscal year include $333,791 for This rule imposes no additional Pursuant to requirements set forth in research, $480,000 for marketing reporting or recordkeeping requirements the Regulatory Flexibility Act (RFA) (5 activities, $50,000 for inspection on either small or large California olive U.S.C. 601–612), the Agricultural equipment development, and $333,500 handlers. As with all Federal marketing Marketing Service (AMS) has for administration. Budgeted expenses order programs, reports and forms are considered the economic impact of this for these items in 2011 were $1,093,009, periodically reviewed to reduce rule on small entities. Accordingly, $700,000, $75,000 and $335,900, information requirements and AMS has prepared this final regulatory respectively. The Committee duplication by industry and public flexibility analysis. recommended decreases in all major sector agencies. As noted in the initial The purpose of the RFA is to fit expense categories due to the huge regulatory flexibility analysis, USDA regulatory actions to the scale of decrease in assessable crop volume as has not identified any relevant Federal business subject to such actions in order reported by the CASS. rules that duplicate, overlap, or conflict that small businesses will not be unduly Prior to arriving at this budget, the with this final rule. or disproportionately burdened. Committee considered information from AMS is committed to complying with Marketing orders issued pursuant to the various sources, such as the the E-Government Act, to promote the Act, and the rules issued thereunder, are Committee’s Executive, Marketing, use of the Internet and other unique in that they are brought about Inspection, and Research information technologies to provide through group action of essentially Subcommittees. Alternate expenditure increased opportunities for citizen small entities acting on their own levels were discussed by these groups, access to Government information and behalf. based upon the relative value of various services, and for other purposes. There are approximately 1,000 projects to the olive industry and the A proposed rule concerning this producers of olives in the production reduced olive production. The action was published in the Federal area and 2 handlers subject to regulation assessment rate of $31.32 per ton of Register on June 5, 2012 (77 FR 33104). under the marketing order. Small assessable olives was derived by Copies of the proposed rule were also agricultural producers are defined by considering anticipated expenses, the mailed or sent via facsimile to all olive the Small Business Administration (13 volume of assessable olives, and handlers. Finally, the proposal was CFR 121.201) as those having annual additional pertinent factors. made available through the Internet by receipts less than $750,000, and small A review of historical information and USDA and the Office of the Federal agricultural service firms are defined as preliminary information pertaining to Register. A 30-day comment period those whose annual receipts are less the upcoming fiscal year indicates that ending July 5, 2012, was provided for than $7,000,000. grower price could range between interested persons to respond to the Based upon information from the approximately $1,000 per ton and proposal. No comments were received. industry and CASS, the average grower $1,200 per ton of olives. Therefore, the A small business guide on complying price for 2011 was approximately $798 estimated assessment revenue for the with fruit, vegetable, and specialty crop per ton and total grower production was 2012 fiscal year as a percentage of total marketing agreements and orders may around 26,944 tons. Based on grower revenue could range between 2.6 be viewed at: www.ams.usda.gov/ production, producer prices, and the and 3.1 percent. MarketingOrdersSmallBusinessGuide. total number of California olive This action increases the assessment Any questions about the compliance producers, the average annual producer obligation imposed on handlers. While guide should be sent to Laurel May at revenue is less than $750,000. Thus, the assessments impose some additional the previously-mentioned address in the majority of olive producers may be costs on handlers, the costs are minimal FOR FURTHER INFORMATION CONTACT classified as small entities. Both of the and uniform on all handlers. Some of section. handlers may be classified as large the additional costs may be passed on After consideration of all relevant entities. to producers. However, these costs are material presented, including the This rule increases the assessment offset by the benefits derived by the information and recommendation rate established for the Committee and operation of the marketing order. In submitted by the Committee and other collected from handlers for the 2012 and addition, the Committee’s meeting was available information, it is hereby found subsequent fiscal years from $16.61 to widely publicized throughout the that this rule, as hereinafter set forth, $31.32 per ton of assessable olives. The California’s olive industry and all will tend to effectuate the declared Committee unanimously recommended interested persons were invited to policy of the Act. 2012 expenditures of $1,197,291 and an attend the meeting and participate in Pursuant to 5 U.S.C. 553, it also found assessment rate of $31.32 per ton. The Committee deliberations on all issues. and determined that good cause exists

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for not postponing the effective date of domestically produced commodity. comparable to those established for this rule until 30 days after publication Under this regulation, aflatoxin levels in pistachios grown in California, Arizona, in the Federal Register because imported pistachios may not exceed 15 and New Mexico under Marketing handlers have already received the 2012 parts per billion (ppb), as certified by Agreement and Order No. 983 (7 CFR fiscal year olive crop from growers, the aflatoxin inspection certificates issued part 983) (order), both as amended. fiscal year began January 1, 2012, and by an accredited laboratory. This action This final rule also revises § 999.500, the assessment rate applies to all is intended to assure consumers that all which specifies safeguard procedures California olives handled during the pistachios offered for sale in the United for the importation of walnuts and dates 2012 fiscal year and subsequent fiscal States meet the same aflatoxin that are exempt from § 8e regulations. years. Further, handlers are aware of standards, thus promoting high quality This section is revised to include this rule which was recommended at a product in the market place and safeguard procedures for the public meeting. Also, a 30-day comment fostering consumer satisfaction. importation of pistachios intended for period was provided for in the proposed DATES: Effective Date: September 26, exempted purposes. rule. 2012. The order prohibits the shipping of pistachios for domestic human List of Subjects in 7 CFR Part 932 FOR FURTHER INFORMATION CONTACT: consumption that do not meet the Laurel May or Kathleen Finn, Marketing Olives, Marketing agreements, quality requirements for aflatoxin levels Order and Agreement Division, Fruit Reporting and recordkeeping in the nuts. Such quality requirements and Vegetable Programs, AMS, USDA, requirements. specify that aflatoxin levels may not 1400 Independence Avenue SW., STOP exceed the maximum tolerance of 15 For the reasons set forth in the 0237, Washington, DC 20250–0237; preamble, 7 CFR part 932 is amended as ppb. Pistachios that fail to meet these Telephone: (202) 720–2491, Fax: (202) requirements must be reworked and follows: 720–8938, or Email: Laurel.May@ams. retested, or disposed of as specified in usda.gov or [email protected]. PART 932—OLIVES GROWN IN the order. This regulation was designed Small businesses may request CALIFORNIA to ensure that only high quality information on complying with this pistachios containing low levels of ■ 1. The authority citation for 7 CFR regulation by contacting Laurel May at aflatoxin are shipped, thus promoting part 932 continues to read as follows: the above mentioned address. high quality product in the market place SUPPLEMENTARY INFORMATION: This final Authority: 7 U.S.C. 601–674. and fostering consumer satisfaction. rule is issued under section 8e of the The order, which was established for ■ 2. Section 932.230 is revised to read Agricultural Marketing Agreement Act California pistachios in 2004, was as follows: of 1937, as amended (7 U.S.C. 601–674), recently amended to include the states hereinafter referred to as the ‘‘Act,’’ of Arizona and New Mexico. Pistachios § 932.230 Assessment rate. which provides that whenever the grown in California, Arizona, and New On and after January 1, 2012, an grade, size, quality, or maturity of Mexico represent over 99 percent of the assessment rate of $31.32 per ton is certain specified commodities, U.S. domestic production, and 98 established for California olives. including pistachios, are regulated percent of the domestic consumption. Dated: August 21, 2012. under a Federal marketing order, Thus, almost all domestically produced Ruihong Guo, imports of these commodities into the pistachios are regulated under Acting Administrator, Agricultural Marketing United States are prohibited unless they Marketing Order No. 983. There is no Service. meet the same or comparable grade, other Federal marketing order in effect [FR Doc. 2012–21036 Filed 8–24–12; 8:45 am] size, quality, and maturity requirements for pistachios produced in the United States. BILLING CODE 3410–02–P as those in effect for the domestically produced commodities. To ensure that According to USDA’s Foreign these requirements are met, the Act also Agricultural Service (FAS), Iran is DEPARTMENT OF AGRICULTURE authorizes the Department of typically the world’s largest pistachio Agriculture (USDA) to perform producer, followed by the U.S. and Agricultural Marketing Service inspections and related functions such Turkey, although Syria’s production has as commodity sampling, and to issue increased in recent years. During the 7 CFR Part 999 inspection certificates for such imported three most recent crop years (September commodities. through August) for which complete [Doc. No. AMS–FV–09–0064; FV09–999–1 USDA is issuing this rule in data is available, 2007–08 through FR] conformance with Executive Order 2009–10, the production averages in Specialty Crops; Import Regulations; 12866. millions of pounds (inshell basis) for New Pistachio Import Requirements There are no administrative Iran, the U.S., Turkey, and Syria were procedures that must be exhausted prior approximately 386, 350, 120, and 141, AGENCY: Agricultural Marketing Service, to any judicial challenge to the respectively. USDA. provisions of import regulations issued Historically, the bulk of U.S. pistachio ACTION: Final rule. under section 8e of the Act. imports have come from Turkey and This final rule adds a new § 999.600 Iran, although Iranian imports have SUMMARY: This rule establishes a under 7 CFR part 999—Specialty Crops; been prohibited since July 2010. The minimum quality regulation for lots of Import Regulations, and establishes remainder comes from other countries, pistachios imported into the United quality requirements for maximum including Italy, China, Switzerland, States. The regulation specifies aflatoxin tolerance levels and France, Australia, Hong Kong, and maximum aflatoxin tolerance levels as mandatory testing and certification Israel. Imported pistachios may be well as mandatory aflatoxin testing and requirements for pistachios offered for inshell or shelled. According to FAS, certification requirements. These import importation into the United States. the U.S. imported an average of quality requirements are the same as or These quality requirements for imported approximately 1.7 million pounds of comparable to those in effect for the pistachios are the same as or pistachios (inshell basis) annually

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during the three crop years from 2007– The new regulation establishes a drawing and dividing of all samples 08 through 2009–10. Average U.S. maximum aflatoxin tolerance level of 15 must be conducted by or under the consumption of pistachios during that ppb for lots of pistachios imported into supervision of a Federal or Federal-State same period was approximately 100 the U.S. for human consumption. As inspector. million pounds (inshell basis) annually. required under section 8e of the Act, Following the drawing and dividing Imports, therefore, represent this is the same level currently of samples, each sample must be approximately two percent of U.S. prescribed for domestic pistachios properly identified and submitted to a pistachio consumption. regulated under the order. Establishing USDA or USDA-accredited laboratory a 15 ppb limit for aflatoxin in all for analysis. Test samples will be Requirements pistachios marketed for human prepared and analyzed using High Definitions consumption in the United States is Pressure Liquid Chromatography The new regulation includes expected to bolster overall consumer (HPLC) or the immunoaffinity column definitions of terms used in the import confidence in pistachio quality and with direct flourometry method as regulation. Such terms are the same as strengthen the demand for pistachios. approved by the Association of Official or comparable to those defined in the Comparatively, the international Codex Analytical Chemists (AOAC). The marketing order for domestic pistachios Alimentarius Commission’s (Codex) aflatoxin level will be calculated on a as established at 69 FR 17844 (April 5, maximum aflatoxin tolerance for kernel weight basis. For lots of up to 4,400 lbs, one test 2004) and amended at 74 FR 56532 pistachios is 10 ppb. The domestic sample will be analyzed. If the sample (November 2, 2009). pistachio industry believes that 15 ppb Under the new regulation, ‘‘pistachio’’ is appropriate to ensure the quality of has an aflatoxin level at or below 15 means the nut of the pistachio tree, pistachios sold in U.S. markets.4 ppb, the lot may be certified as negative Pistachia vera, whether inshell or Research also supports the 15 ppb for aflatoxin on the aflatoxin inspection shelled. ‘‘Importer’’ is defined as a tolerance.5 Additionally, a 15 ppb certificate, which will be completed by person who imports pistachios into the tolerance for aflatoxin in domestic and the laboratory. If the aflatoxin level is United States. ‘‘Aflatoxin’’ is defined as imported pistachios is consistent with greater than 15 ppb, the lot fails, and the a mycotoxin that can be found in nuts, existing regulations for all domestic and laboratory will fill out a failed lot dried fruits, and grains. ‘‘Aflatoxin imported peanuts marketed in the notification report for submission to the inspection certificate’’ means a United States, for which USDA has importer, the U.S. Customs and Border certificate issued by a USDA or USDA- established a 15 ppb aflatoxin Protection (Customs), and USDA. 6 For lots of more than 4,400 lbs, two accredited laboratory. ‘‘USDA tolerance. test samples will be prepared. If the first laboratory’’ and ‘‘USDA-accredited Aflatoxin Sampling and Testing sample has an aflatoxin level at or laboratory’’ are defined as laboratories Procedures below 10 ppb, the lot may be certified authorized to test imported pistachios as negative for aflatoxin on the aflatoxin for aflatoxin content. ‘‘Inspector’’ means The new regulation provides for inspection certificate. Analysis of the any inspector authorized by USDA to aflatoxin sampling procedures based on other test sample would be unnecessary. draw and prepare pistachio samples for lot size. Such sampling procedures are If the aflatoxin level of the first test testing. ‘‘Lot’’ means any quantity of the same as or comparable to those sample is above 20 ppb, the lot fails, pistachios submitted for testing. Other established for domestic shipments, and and the laboratory will fill out a failed terms useful in the administration of the mirror the sampling procedures lot notification report for submission to import regulation are also defined. prescribed for pistachio shipments to the European Union. At the discretion the importer, Customs, and USDA. If the Maximum Aflatoxin Tolerance of the importer, pistachio lots arriving at aflatoxin level of the first test sample is The presence or absence of aflatoxin a U.S. port of entry will be warehoused higher than 10 ppb and at or below 20 is considered a quality characteristic in near the port or shipped inland to a ppb, the importer may elect to test the pistachios 1 because concerns about pistachio handling facility to await second sample or rework the lot and aflatoxin contamination can impact aflatoxin sampling and testing. resubmit it for testing. If the importer consumers’ perception of the quality of Importers will be responsible for any chooses to proceed with testing the pistachios, and therefore negatively transportation or storage fees incurred. second sample, the results from testing impact demand. According to research Depending on the size of the lot, a both samples will be averaged. If the provided by the industry, poor quality specified number of incremental average results are at or below 15 ppb, pistachios impact demand and the samples will be pulled and combined to the lot may be certified negative for potential growth of demand for form a lot sample. The lot sample will aflatoxin. If the average results are pistachios.2 Moreover, any market then be divided into smaller test higher than 15 ppb, the lot fails and the disturbances related to aflatoxin in samples, depending upon the size of the accredited lab will submit a failed lot pistachios, regardless of the origin of lot to be tested. The required weight of notification report to the importer, those pistachios, could have a lot samples and test samples differs Customs, and USDA. If the importer detrimental effect on the pistachio between inshell pistachios and shelled chooses to rework the lot after the first industry.3 kernels because of the additional weight sample is analyzed, the lot will again be of the shells for inshell pistachios. The subject to sampling and testing as if it 1 Gibbons, Jeff; 2002. Testimony in Pistachios were a new lot. If an aflatoxin Grown in California; Hearing on Proposed 4 Gibbons, Jeff; 2002. Testimony in Pistachios inspection certificate is issued certifying Marketing Agreement and Order No. 983. Pages Grown in California; Hearing on Proposed that a lot is negative for aflatoxin at any 326–359. Marketing Agreement and Order No. 983. 2002. stage of the sequential testing (meaning 2 Sumner, Daniel A; 2002. Testimony in Pages 326–359. Pistachios Grown in California; Hearing on 5 Eaton, David L.; Jennifer E. Hobden; and Bruce that the lot’s aflatoxin content is below Proposed Marketing Agreement and Order No. 983. J. Kelman. 2002. Aflatoxin in Pistachios: the maximum threshold), the 2002. Pages 698–735 and 747–820. Establishing a Regulatory Action Level in Support certification will state that the lot meets 3 Reinecke, Karen; 2002. Testimony in Pistachios of a Proposed Federal Marketing Order. 11 pages. the § 8e import aflatoxin requirements. Grown in California; Hearing on Proposed 6 7 CFR part 996—Minimum Quality and Marketing Agreement and Order No. 983. Pages Handling Standards for Domestic and Imported The certification will expire after 12 152–183. Peanuts Marketed in the United States. months.

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Upon notification of any failed lot, the require a reprocessing of 100 percent of aflatoxin regulations. The safeguard importer will work with Customs to the volume of the failing lot. As with procedures are comparable to those determine the appropriate disposition of inshell pistachios, after reworking, the currently specified for the importation the pistachios. Pistachios that fail to total weight of the accepted product and of other exempted commodities. Under meet the aflatoxin requirements will be the total weight of the rejected product the new regulation, importers and required to be sold for non-human will be reported by the importer to receivers of pistachios for other than consumption, exported to another Customs and USDA on the rework and human consumption purposes are destination with a higher aflatoxin failed lot disposition report. The required to complete and submit to tolerance, or disposed of under the reworked lot of kernels must be USDA an Importer’s Exempt supervision of Customs, and the Federal resampled and retested for aflatoxin Commodity Form (Form FV–6), the or Federal-State Inspection Programs content as previously described. generic form used by importers and could be called upon to verify disposals. receivers of other exempted Any costs associated with certifying a Comingling commodities. The information provided disposal will be paid by the importer. Importers may comingle certified lots on Form FV–6 will be used by USDA to with other certified lots of pistachios. track pistachios marketed for exempted Rework Procedures However, to maintain the integrity of uses. Although reworking and retesting of a certified lots, the comingling of certified This rule establishes maximum failed lot is not required, importers may and uncertified lots of pistachios will aflatoxin tolerance levels and opt to take those steps, which would cause the loss of certification for the mandatory testing and certification provide them with an opportunity to comingled lots. requirements for lots of pistachios secure a return for their imported offered for importation into the United product while maintaining the integrity Exemptions States. The import quality requirements of the aflatoxin requirements. The Section 983.70 of the marketing order will be implemented in accordance with alternative would be to dispose of the provides that domestic handlers may section 8e of the Act. These provisions lot through proper channels as handle pistachios free of the regulatory are intended to ensure that pistachios described above. The rework procedures and assessment provisions of the order imported into the United States for the described below are the same as or if such pistachios are handled in purposes of domestic human comparable to those required for quantities not exceeding 5,000 dried consumption are of a quality domestic pistachios under the order. pounds during any production year. The comparable to those pistachios Inshell pistachios. Rework procedures purpose of this provision is to provide regulated under Marketing Order No. for inshell pistachios failing to meet an exemption from the requirements of 983 and contain no more than 15 ppb aflatoxin requirements require importers the order for small quantities of of aflatoxin. to remove 100 percent of the failing lot pistachios such as those that are grown Final Regulatory Flexibility Analysis from its bulk or retail packaging. These for home or personal use. Further, this pistachios are required to pass through exemption is applied on a production Pursuant to the requirements set forth the sorting stages of the handling year basis. Accordingly, under the in the Regulatory Flexibility Act (RFA) process in order to remove those nuts import regulation, a comparable 5,000- (5 U.S.C. 601–612), the Agricultural having the characteristics most pound annual exemption applies to Marketing Service (AMS) has susceptible to harboring aflatoxin. After importers of pistachios for human considered the economic impact of this reworking the lot, the importer will consumption. Also, substandard final rule on small entities. Accordingly, report the weight of the total accepted pistachios imported for use in non- AMS has prepared this final regulatory and rejected product to Customs and human consumption outlets are not flexibility analysis. USDA on a rework and failed lot subject to the proposed aflatoxin The purpose of the RFA is to fit disposition report, and the acceptable regulations. regulatory actions to the scale of portion of the reworked lot will be business subject to such actions in order resampled and tested for aflatoxin. In Compliance that small businesses will not be unduly the case of a reworked lot, the lot Any importer who violates any or disproportionately burdened. sample size and the test sample size will provision of the import regulation may Marketing orders issued pursuant to the be doubled from that specified in the be subject to a forfeiture in the amount Act, and rules issued thereunder, are initial testing. If, after having been prescribed in section 608a(5) of the Act unique in that they are brought about reworked, the lot fails aflatoxin testing (7 U.S.C. 601–674), or, upon conviction, through group action of essentially for a second time, the lot may be shelled penalties in the amounts prescribed in small entities acting on their own and the kernels reworked, sampled, and section 608c(14) of the Act, or to both behalf. Import regulations issued under tested in the manner required for an forfeiture and penalty. False the Act are based on those established original lot of pistachio kernels. If the representation to any agency of the under Federal marketing orders. importer decides not to pursue further United States on any matter within its Small agricultural service firms, reworking of the failed lot, those jurisdiction, knowing it to be false, is a which include importers and receivers, pistachios are prohibited from entering violation of 18 U.S.C. 1001, which have been defined by the Small the stream of commerce for domestic provides for a fine or imprisonment or Business Administration (SBA) (13 CFR human consumption. The lot must be both. 121.201) as those having annual receipts exported, sold for domestic non-human of less than $7,000,000. consumption purposes, or disposed of Safeguards AMS estimates that there are as described above. The importer must Safeguard procedures in the form of approximately 64 importers and report the lot’s final disposition to importer and receiver reporting receivers who handled shipments of Customs and USDA on a rework and requirements will be used to ensure that pistachios into the United States failed lot disposition report. substandard pistachios imported for between 2007 and 2009. About 10 of the Shelled pistachios. Rework purposes other than human 64 firms are also substantially engaged procedures for pistachio kernels failing consumption are used only in in the marketing of U.S. grown to test negative for aflatoxin will also authorized outlets exempt from the pistachios, and are large firms according

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to the SBA definition. Most of the the safeguard provisions of § 999.500. Customs warehouse near the port, remaining 54 firms import a number of Some reporting and recordkeeping storage fees ranging between $100 and different food products, and most are requirements also are included in the $500 per day could be incurred while also likely to be large firms under the pistachio import regulation. These the samples are analyzed. Analysis and SBA definition, even though they requirements also are the same as or certification is estimated to require generally import only small quantities comparable to those implemented under between two to five days. Assuming a of pistachios. There are also seven the order. three day turnaround for a lot incurring USDA-accredited laboratories in The cost of testing pistachios for $200 per day storage fees, California that perform aflatoxin testing aflatoxin varies, depending on such approximately $600, or 3.75 cents per for pistachios. AMS estimates that four factors as the location of the port of pound of pistachios could be added to of the seven laboratories would be entry and the size of the lot to be tested. the testing expense described above. considered small firms according to the For purposes of estimating an average Regarding the impact of this rule on SBA definition. per-pound testing expense for imported affected entities, this final rule Turkey and Iran have historically pistachios, this analysis assumes an establishes an import regulation for been the source of most pistachios average lot equal to one container load pistachios as provided in section 8e of imported into the U.S. Turkish weighing 16,000 pounds of inshell the Act. The import regulation requires pistachios are imported predominantly pistachios arriving at the Port of San importers to arrange for the testing and in the shell, while Iranian pistachios are Francisco and being tested for aflatoxin certification of all imports of pistachios typically imported shelled. Imported by an accredited laboratory in Fresno, for human consumption prior to pistachios also come from Italy, China, California. importation. There are some increased Switzerland, France, Australia, Hong In the following example computation costs to importers associated with the Kong, and Italy. Most pistachios of testing costs, there are four elements: testing and certification of imported imported from other nations are also (1) A fee (at an hourly rate) charged by product. However, it is expected that shelled. This import regulation the inspection service to draw and consumer satisfaction, and therefore establishes protocols for aflatoxin prepare the sample, (2) overnight demand, will be increased by regulating analysis for both inshell and shelled shipping, (3) a fee charged by the imports and domestic product pistachios. laboratory to determine the level of uniformly. The additional costs are Section 8e of the Act provides that aflatoxin, and (4) the ‘‘unit value’’ of the expected to be offset by the benefits of when certain domestically produced quantity of pistachios drawn for the supplying the U.S. marketplace with commodities, including pistachios, are sample. The unit value used in this only high quality pistachios. As regulated under a Federal marketing example computation is the average for mentioned above, these import order, imports of that commodity must the last 3 complete marketing years for requirements are the same as or meet the same or comparable grade, which import data are available, 2007/ comparable to those established for U.S. quality, size, and maturity requirements. 08–2009/10. The unit value for the 3- domestic pistachio shipments. The This rule establishes minimum year period ($1.68 per pound) is domestic industry recently adopted quality requirements for lots of computed by dividing the average 3- aflatoxin sampling and testing imported pistachios by specifying a year import value ($2,900,000) by the procedures that align with the Codex maximum aflatoxin tolerance level as average import quantity (1,725,000 Alimentarius Commission’s (Codex) well as aflatoxin testing and pounds). Data are from FAS. sampling plan (75 FR 43045; July 23, certification requirements. Importers are The inspection service fee of $74 per 2010). The Codex sampling plan is used responsible for arranging for the hour is multiplied by the estimated time by the European Commission as its required transportation, storage, of 2 hours to draw a sample, for a cost regulation for the importation of tree sampling, testing, and certification of of $148. The overnight shipping cost nuts into the European Union. Thus, such pistachios prior to importation. and laboratory fee are estimated at $200 these import requirements are Sampling is conducted by the Federal or and $100, respectively. comparable to those widely recognized Federal-State inspection services, and The next step in the example by international pistachio markets. aflatoxin testing and certification is computation is value of pistachios Industry information suggests that performed by USDA or USDA- drawn for the sample. Under the new when aflatoxin levels in imported lots of accredited laboratories. section 996.600, in section d) Sampling, pistachios exceed the FDA maximum These import aflatoxin testing and the weight of a lot sample is 16 tolerance of 20 ppb, the levels are certification requirements are the same kilograms (equivalent to 35.3 pounds) generally significantly higher than 20 as or comparable to those implemented for a lot weighing between 11,001 and ppb. Very few lots test between 15 ppb under the order regulating the handling 22,000 pounds. Multiplying 35.3 and 20 ppb. It is anticipated that most of pistachios grown in California, pounds times the unit value of imported imported lots will test below the Arizona, and New Mexico. Pistachios pistachios ($1.68) yields a value of the proposed 15 ppb tolerance. Thus, failing to meet the aflatoxin tested sample of approximately $59. establishing a maximum aflatoxin requirements on initial analysis may be Assuming that aflatoxin certification of tolerance of 15 ppb for imported reworked and retested, exported to the 16,000-pound lot requires the testing pistachios is not expected to have a another destination with a higher of only one sample, the sum of the four significant impact on trade. aflatoxin tolerance, or disposed of in cost elements would be $507, or This import regulation requires authorized outlets under the approximately 3.2 cents per pound importers to report any pistachio lots supervision of Customs, with assistance (approximately two percent of the unit that fail aflatoxin testing and any lots from the inspection service if necessary, value of imported pistachios). that are reworked or disposed on two to verify proper disposal of substandard It is likely that a pistachio lot arriving new forms. It is estimated that the total nuts. Procedures for these activities are at the Port of San Francisco would be reporting burden associated with these also described. Lots of imported transported to an inland handling two forms is 11.6 hours for the industry pistachios that fail aflatoxin testing may facility to await sampling and testing as a whole. The new reporting forms be diverted to certain non-human and would incur no additional storage require the minimum amount of consumption outlets and are subject to costs. However, if the lot is stored at a information necessary to effectively

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carry out the requirements and intent of Four comments were received during Representative has concurred with the the Act and to administer section 8e the comment period in response to the issuance of this final rule. compliance activities. These reports are proposal. All four commenters were After consideration of all relevant the same as or comparable to the reports supportive of the proposed regulation. matter presented, including the and procedures currently required by One commenter, representing the information provided by the industry other domestic marketing orders and domestic pistachio industry, noted that and other available information, it is import regulations. the proposed provisions for reworking hereby found that this rule, as The alternative to this action is to and retesting imported lots that test hereinafter set forth, will tend to continue to allow pistachios to be positive for aflatoxin provided a effectuate the declared policy of the Act. imported without having to meet safeguard against testing anomalies so aflatoxin requirements that are the same that shipments are not unfairly rejected List of Subjects in 7 CFR Part 999 as or comparable to those established for while ensuring a flow of high quality Dates, Filberts, Food grades and domestic pistachios. However, the pistachios into the stream of commerce. standards, Imports, Nuts, Prunes, import regulation is necessary to ensure Two private citizen commenters urged Raisins, Reporting and recordkeeping that imported and domestic pistachios USDA to facilitate the timely and requirements, Walnuts. for human consumption in the United uniform sampling and testing of For the reasons set forth above, 7 CFR States are of uniformly high quality. imported lots upon entry to optimize part 999 is amended as follows: Further, the Act requires that import product freshness and marketability. regulations be issued whenever Import regulations are applied PART 999—SPECIALTY CROPS; marketing order regulations are uniformly at all U.S. ports of entry, and IMPORT REGULATIONS established for pistachios. Therefore, Federal and Federal-state inspection this alternative is not appropriate. protocols are consistent throughout the ■ 1. The authority citation for 7 CFR In compliance with OMB regulations U.S. Similarly, all laboratories Part 999 continues to read as follows: (5 CFR part 1320) which implement the authorized to participate in aflatoxin Authority: 7 U.S.C. 601–674. Paperwork Reduction Act of 1995 (44 testing for imported pistachios have U.S.C. chapter 35), forms FV–249 been approved by USDA and conform to ■ 2. Amend § 999.500 by revising the Imported Pistachios—Failed Lot uniform analytical standards and section heading and paragraphs (a) and Notification Report and FV–251 practices. The sampling and testing of (d) to read as follows: Imported Pistachios—Rework and imported lots will be handled with the § 999.500 Safeguard procedures for Failed Lot Disposition Report, were same timeliness and integrity applied to walnuts, certain dates, and pistachios approved by OMB and assigned OMB domestic lots. exempt from grade, size, quality, and Number 0581–0278 on November 23, The proposed regulation named a maturity requirements. 2011. Following the publication of this commercially available testing kit as one (a) Each person who imports or final rule, AMS will submit a request to option for aflatoxin analysis in imported receives any of the commodities listed OMB to merge these two forms with the pistachios. One commenter suggested in paragraphs (a)(1) through (a)(3) of this forms currently approved under OMB that any AOAC-approved method, section shall file an ‘‘Importer’s Exempt No. 0581–0215, Pistachios Grown in rather than a particular product, be Commodity Form’’ (FV–6) with the California, Arizona, and New Mexico. specified in the regulation to encourage Marketing Order and Agreement AMS is committed to complying with the ongoing development of improved Division, Fruit and Vegetable Programs, the E-Government Act, to promote the technology and ensure its availability to AMS, USDA, and shall provide a use of the Internet and other the industry. USDA does not intend to printed copy of the completed Form information technologies to provide endorse the use of specific commercial FV–6 to the U.S. Customs and Border increased opportunities for citizen products. However, as mentioned above, Protection Regional Director or District access to Government information and to ensure analytical testing uniformity services, and for other purposes. and integrity, USDA has currently Director, as applicable, at the port at Additionally, except for the approved only two methods for which the customs entry is filed. A applicable domestic regulations, USDA aflatoxin testing in domestic and printed copy shall accompany the lot to has not identified any relevant Federal imported pistachios. Both are included the exempt outlet specified on the form. rules that duplicate, overlap, or conflict in the import regulation. Accordingly, Any lot of any commodity offered for with this rule. Reports and forms § 999.600(e)(1) of the import regulation inspection or aflatoxin testing and, all or required under the pistachio import has been modified by replacing the a portion thereof, subsequently regulation will be reviewed periodically name of the specific testing kit with a imported as exempt under this to reduce information requirements and generic description of the approved provision shall also be reported on an duplication by industry and public method. USDA would consider further ‘‘Importer’s Exempt Commodity Form.’’ sector agencies. modifications to the regulation as new Such form, accompanied by a copy of A proposed rule regarding this action analytical methods are tested and the applicable inspection certificate, was published in the Federal Register approved. shall be provided to the Marketing on October 21, 2011 (76 FR 65411). A small business guide on complying Order and Agreement Division. The Copies of the rule were mailed or sent with fruit, vegetable, and specialty crop applicable commodities are: via facsimile to all known pistachio marketing agreements and orders may (1) Dates which are donated to needy importers and to the embassies of be viewed at: www.ams.usda.gov/ persons, prisoners or Native Americans countries from whom pistachios are MarketingOrdersSmallBusinessGuide. on reservations; currently imported in significant Any questions about the compliance (2) Walnuts which are: Green walnuts volumes. The rule was made available guide should be sent to Laurel May at (so immature that they cannot be used through the Internet by USDA and the the previously mentioned address in the for drying and sale as dried walnuts); Office of the Federal Register. A 60-day FOR FURTHER INFORMATION CONTACT walnuts used in non-competitive outlets comment period ending December 20, section. such as use by charitable institutions, 2011, was provided to allow interested In accordance with section 8e of the relief agencies, governmental agencies persons to respond to the proposal. Act, the United States Trade for school lunch programs, and

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diversion to animal feed or oil officer or employee of the United States number(s) or other identification of the manufacture; or Department of Agriculture who is, or lot(s); the weight of the pistachios in (3) Substandard pistachios which are who may hereafter be, authorized to act each lot being imported, the location for non-human consumption purposes. in his/her stead. where the lot will be made available for * * * * * (14) Shelled pistachios means sampling; and a contact name or (d) All FV–6 forms and other pistachio kernels, or portions of kernels, telephone number at the testing correspondence regarding entry of 8e after the pistachio shells have been location. The Inspection Service shall commodities must be submitted online, removed. sign, stamp, and return the entry mailed or faxed to the Marketing Order (15) Substandard pistachios means document to the importer. The importer and Agreement Division, Fruit and pistachios, inshell or shelled, that do shall provide a copy of the relevant Vegetable Programs, AMS, USDA, 1400 not comply with the aflatoxin entry documentation and such other Independence Avenue SW., STOP 0237, regulations of this section. identifying information as may be Washington, DC 20250–0237; (16) USDA means the United States requested for each pistachio lot to the Telephone (202) 720–4607; or FAX Department of Agriculture, including inspector at the time samples are drawn (202) 720–5698. FV–6 forms submitted any officer, employee, service, program, and prepared. by FAX must be followed by a mailed, or branch of the Department of (2) All sampling for aflatoxin testing original copy of the FV–6. Agriculture, or any other person acting shall be performed by USDA-authorized as the Secretary’s agent or representative inspectors in accordance with USDA ■ 3. Add a new § 999.600 to read as in connection with any provisions of rules and regulations governing the follows: this section. inspection and certification of fresh § 999.600 Regulation governing the (17) USDA laboratory means fruits, vegetables, and other products (7 importation of pistachios. laboratories of the Science and CFR part 51). The cost of each such (a) Definitions. As used in this part: Technology Programs, Agricultural sampling and related certification shall (1) Aflatoxin is one of a group of Marketing Service, USDA, that perform be borne by the applicant. Whenever mycotoxins produced by the molds chemical analyses of pistachios for pistachios are offered for sampling and Aspergillus flavus and Aspergillus aflatoxin content. testing, the applicant shall furnish any parasiticus. Aflatoxins are naturally (18) USDA-accredited laboratory labor and pay any costs incurred for occurring compounds produced by means a laboratory that has been storing, moving, and opening containers molds, which can be spread in approved or accredited by the U.S. as may be necessary for proper sampling improperly processed and stored nuts, Department of Agriculture to perform and testing. The applicant should make dried fruits, and grains. chemical analyses of pistachios for advance arrangements with the (2) Aflatoxin inspection certificate aflatoxin content. Inspection Service to avoid delay in means a certificate issued by a USDA or (b) Importation Requirements. The scheduling sampling. Importers may USDA-accredited laboratory. importation of any lot of pistachios for make arrangements for required (3) Certified lots of pistachios are human consumption is prohibited sampling by contacting the Inspection those for which aflatoxin inspection unless it meets the requirements Service office closest to where the certificates have been issued. contained in this section, which are pistachios will be made available for (4) Customs means the U.S. Customs determined to be the same as or sampling. For questions regarding and Border Protection. comparable to those imposed upon inspection services, a list of Federal or (5) Importation of pistachios means domestic pistachios handled pursuant Federal-State Inspection Program the release of pistachios from the to Order No. 983, as amended (part 983 offices, or for further assistance, custody of U.S. Customs and Border of this chapter). importers may contact: Fresh Products Protection. (c) Maximum aflatoxin tolerance. No Branch, Fruit and Vegetable Programs, (6) Importer means a person who importer shall ship for domestic human AMS, USDA, 1400 Independence engages in the importation of pistachios consumption lots of pistachios that Avenue SW., Room 1536–S, into the United States. exceed an aflatoxin level of 15 ppb. Washington, DC, 20250; Telephone: (7) Inshell pistachios means Compliance with the aflatoxin (202) 720–5870; Fax: (202) 720–0393. pistachios that have shells that have not requirements of this section shall be (3) Lot samples shall be drawn from been removed. determined upon the basis of sampling each lot of pistachios designated for (8) Inspection Service means the by a USDA-authorized inspector and aflatoxin testing, and individual test Federal Inspection Service, Fruit and testing by a USDA or USDA-accredited samples shall be prepared by, or under Vegetable Programs, Agricultural laboratory. All shipments must be the supervision of, an inspector. Each Marketing Service, USDA, or the covered by an aflatoxin inspection sample shall be drawn and prepared in Federal-State Inspection Programs. certificate issued by the laboratory. accordance with the sample size (9) Inspector means any inspector Testing and certification must be requirements outlined in Tables 1 and 2 authorized by USDA to draw and completed prior to the importation of below. The gross weight of the inshell prepare pistachio samples. pistachios. lot and test samples for aflatoxin testing (10) Lot means any quantity of (d) Sampling. and the minimum number of pistachios that is submitted for testing (1) Prior to, or upon, arrival of a incremental samples required are shown purposes under this part. pistachio lot at a port of entry, the in Table 1. The gross weight of the (11) Person means an individual, importer shall provide a copy of the kernel lot and test samples for aflatoxin partnership, limited-liability Customs entry documentation for the testing and the minimum number of corporation, corporation, trust, pistachio lot or lots to the Inspection incremental samples required is shown association, or any other business unit. Service office that will draw and in Table 2. If more than one test sample (12) Pistachio means the nut of the prepare samples of the pistachio is necessary, the test samples shall be pistachio tree, Pistachia vera, whether shipment. More than one lot may be designated by the inspector as Test inshell or shelled. listed on one entry document. The Sample #1 and Test Sample #2. Each (13) Secretary means the Secretary of documentation shall include: The sample shall be placed in a suitable Agriculture of the United States or any Customs entry number; the container container, with the lot number clearly

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identified, and the importer shall customs entry documentation, to a The importer shall assume all costs for submit it, along with a copy of the USDA or USDA-accredited laboratory. shipping samples to the laboratory.

TABLE 1—INSHELL PISTACHIO LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Minimum number Lot weight of incremental Total weight of Weight of test (lbs.) samples for the lot sample sample lot sample (kilograms) (kilograms)

220 or less ...... 10 2.0 2.0 221–440 ...... 15 3.0 3.0 441–1,100 ...... 20 4.0 4.0 1,101–2,200 ...... 30 6.0 6.0 2,201–4,400 ...... 40 8.0 8.0 4,401–11,000 ...... 60 12.0 6.0 11,001–22,000 ...... 80 16.0 8.0 22,001–150,000 ...... 100 20.0 10.0

TABLE 2—SHELLED PISTACHIO KERNEL LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Minimum number Total weight of Weight of test Lot weight of incremental lot sample sample (lbs.) samples for the lot sample (kilograms) (kilograms)

220 or less ...... 10 1.0 1.0 221–440 ...... 15 1.5 1.5 441–1,100 ...... 20 2.0 2.0 1,101–2,200 ...... 30 3.0 3.0 2,201–4,400 ...... 40 4.0 4.0 4,401–11,000 ...... 60 6.0 3.0 11,001–22,000 ...... 80 8.0 4.0 22,001–150,000 ...... 100 10.0 5.0

(e) Aflatoxin testing. Importers may (3) Lots that require two test samples (f) Certification. Each lot of pistachios make arrangements for required will be certified as ‘‘negative’’ on the sampled and tested in accordance with chemical analysis for aflatoxin content aflatoxin inspection certificate if Test paragraphs (d) and (e) of this section at the nearest USDA or USDA- Sample #1 has an aflatoxin level at or shall be covered by an aflatoxin accredited laboratory. For further below 10 ppb. If the aflatoxin level of inspection certificate completed by the information concerning chemical Test Sample #1 is above 20 ppb, the lot laboratory. The certification expires for analysis and a list of laboratories fails and the laboratory shall fill out an the lot or remainder of the lot after 12 authorized to conduct such analysis Imported Pistachios—Failed Lot months. Each such certificate shall set contact: Science and Technology Notification report (Form FV–249). If forth the following: Programs, AMS, USDA, 1400 the aflatoxin level of Test Sample #1 is (1) The date and place of sampling Independence Avenue SW., STOP 0270, above 10 ppb and at or below 20 ppb, and testing. Washington, DC 20250–0270; the laboratory may, at the importer’s (2) The name of the applicant. Telephone: (202) 720–5231; Fax: (202) discretion, analyze Test Sample #2 and (3) The Customs entry number 720–6496. average the test results of Test Samples pertaining to the lot or shipment #1 and #2. Alternately, the importer (1) Aflatoxin test samples shall be covered by the certificate. may elect to withdraw the lot from received and logged by a USDA or (4) The quantity and identifying testing, rework the lot, and resubmit it USDA-accredited laboratory, and each marks of the lot tested. for testing after reworking. If the test sample shall be prepared and importer directs the laboratory to (5) The aflatoxin level of the lot, analyzed using High Pressure Liquid proceed with the analysis of Test stated on a kernel weight basis. Chromatography (HPLC) or the AOAC- Sample #2, a lot will be certified as (6) The statement, if applicable: approved immunoaffinity column with negative to aflatoxin and the laboratory ‘‘Meets U.S. import requirements under direct fluorometry method. The shall issue an aflatoxin inspection section 8e of the AMA Act of 1937.’’ aflatoxin level shall be calculated on a certificate if the averaged result of Test (7) If the lot fails to meet the import kernel weight basis. Samples #1 and #2 is at or below 15 requirements, a statement to that effect (2) Lots that require a single test ppb. If the average aflatoxin level of Test and the reasons therefore. sample will be certified as ‘‘negative’’ Samples #1 and #2 is above 15 ppb, the (g) Failed lots/rework procedure. Any on the aflatoxin inspection certificate if lot fails and the laboratory shall fill out lot or portion thereof that fails to meet the sample has an aflatoxin level at or an Imported Pistachios—Failed Lot the import requirements prior to or after below 15 ppb. If the aflatoxin level is Notification report (Form FV–249). reconditioning may be exported, sold above 15 ppb, the lot fails and the (4) If an importer does not elect to use for non-human consumption, or laboratory shall fill out an Imported Test Sample #2 for certification disposed of under the supervision of Pistachios—Failed Lot Notification purposes, the importer may request that Customs and, if necessary for report (Form FV–249) as described in the laboratory return the sample to the verification purposes, the Federal or paragraph (h)(1) of this section. importer. Federal-State Inspection Programs, with

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the costs of certifying the disposal of and submitted each time a lot fails 674), or, upon conviction, a penalty in such lot paid by the importer. aflatoxin testing. the amount prescribed in section 8c(14) (1) Inshell rework procedure for (h) Reports and Recordkeeping. of the said Act, or to both such forfeiture aflatoxin. If inshell rework is selected as (1) Form FV–249 Imported and penalty. False representation to any a remedy to meet the aflatoxin Pistachios—Failed Lot Notification. agency of the United States on any requirements of this part, then 100 Each USDA or USDA-accredited matter within its jurisdiction, knowing percent of the product within that lot laboratory shall notify the importer; it to be false, is a violation of 18 U.S.C. shall be removed from the bulk and/or Customs; and the Marketing Order and 1001, which provides for a fine or retail packaging containers and Agreement Division, Fruit and imprisonments or both. reworked to remove the portion of the Vegetable Programs, AMS, USDA; of all (n) Other import requirements. The lot that caused the failure. Reworking lots that fail to meet the maximum provisions of this section do not shall consist of mechanical, electronic, aflatoxin requirements by completing supersede any restrictions or or manual procedures normally used in this form and submitting it within 10 prohibitions on pistachios under the the handling of pistachios. After the days of failed aflatoxin testing. Federal Plant Quarantine Act of 1912, or rework procedure has been completed, (2) Form FV–251 Imported any other applicable laws or regulations the total weight of the accepted product Pistachios—Rework and Failed Lot of city, county, State, or Federal and the total weight of the rejected Disposition. Each importer who reworks Agencies including the Federal Food, a failing lot of pistachios shall complete product shall be reported by the Drug and Cosmetic Act. this report and shall forward it to importer to Customs and USDA on an Customs and the Marketing Order and Dated: August 21, 2012. Imported Pistachios—Rework and Agreement Division, Fruit and David R. Shipman, Failed Lot Disposition report (Form FV– Vegetable Programs, AMS, USDA, no Administrator, Agricultural Marketing 251) as described in paragraph (h)(2) of later than 10 days after the rework is Service. this section. The reworked lot shall be completed. If rework is not selected as [FR Doc. 2012–20974 Filed 8–24–12; 8:45 am] sampled and tested for aflatoxin as a remedy, the importer shall complete BILLING CODE 3410–02–P specified in paragraphs (d) and (e) of and submit this form within 10 days of this section, except that the lot sample alternate disposition of the lot. size and the test sample size shall be (i) Exemptions. Any importer may DEPARTMENT OF AGRICULTURE doubled. If, after the lot has been import pistachios free of the reworked and tested, it fails the requirements of this section if such Agricultural Marketing Service aflatoxin test for a second time, the lot importer imports a quantity not may be shelled and the kernels exceeding a total of 5,000 dried pounds 7 CFR Part 1033 reworked, sampled, and tested in the between September 1 and August 31 of [Doc. No. AO–11–0333; AMS–DA–11–0067; manner specified for an original lot of each year. Substandard pistachios DA–11–04] kernels, or the failed lot may be imported for use in non-human exported, used for non-human consumption outlets shall be subject to Milk in the Mideast Marketing Area; consumption, or otherwise disposed of. the safeguard provisions contained in Order Amending the Order (2) Kernel rework procedure for § 999.500. aflatoxin. If pistachio kernel rework is AGENCY: Agricultural Marketing Service, (j) Reconditioning prior to USDA. selected as a remedy to meet the importation. Nothing contained in this aflatoxin requirements of this part, then section shall be deemed to preclude ACTION: Final rule. 100 percent of the product within that reconditioning pistachios prior to SUMMARY: lot shall be removed from the bulk and/ This final rule amends the importation, in order that such Pool Plant provisions of the Mideast or retail packaging containers and pistachios may be made eligible to meet reworked to remove the portion of the Federal milk marketing order regulating the applicable aflatoxin regulations distributing plants physically located lot that caused the failure. Reworking prescribed in paragraphs (c) through (f) shall consist of mechanical, electronic, within the marketing area, with a Class of this section. I utilization of at least 30 percent and or manual procedures normally used in (k) Comingling. Certified lots of the handling of pistachios. After the with combined route disposition and pistachios may be comingled with other transfers of at least 50 percent rework procedure has been completed certified lots, but the comingling of the total weight of the accepted product distributed into Federal milk marketing certified lots and uncertified lots shall areas, as Pool Distributing Plants under and the total weight of the rejected cause the loss of certification for the product shall be reported to Customs the terms of the order. More than the comingled lots. required number of producers for the and USDA on an Imported Pistachios— (l) Retesting. Whenever USDA has Rework and Failed Lot Disposition Mideast marketing area approved the reason to believe that imported issuance of the final order as amended. report (Form FV–251). The reworked lot pistachios may have been damaged or shall be sampled and tested for aflatoxin deteriorated while in storage, USDA FOR FURTHER INFORMATION CONTACT: Erin as specified in paragraphs (d) and (e) of may reject the then effective inspection C. Taylor, Order Formulation and this section. certificate and may require the owner of Enforcement Division, USDA/AMS/ (3) Failed lot reporting. If a lot fails to the pistachios to have them retested to Dairy Programs, STOP 0231–Room meet the aflatoxin requirements of this establish whether or not such pistachios 2963, 1400 Independence Ave. SW., part, the testing laboratory shall may be shipped for human Washington, DC 20250–0231, (202) 720– complete an Imported Pistachios— consumption. 7183, email address: erin.taylor@ams. Failed Lot Notification report (Form FV– (m) Compliance. Any person who usda.gov. 249) as described in paragraph (h)(1) of violates any provision of this section DATES: Effective Date: October 1, 2012. this section, and shall submit it to shall be subject to a forfeiture in the SUPPLEMENTARY INFORMATION: This final Customs, the importer, and USDA amount prescribed in section 8a(5) of rule more adequately defines the plants, within 10 working days of the test the Agricultural Marketing Agreement and the producer milk associated with failure. This form must be completed Act of 1937, as amended (7 U.S.C. 601– those plants, that serve the fluid needs

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of the Mideast market and therefore dairy farms. For purposes of of Management and Budget (OMB) which producers should share in the determining a handler’s size, if the plant beyond currently approved information additional revenue arising from fluid is part of a larger company operating collection. The primary sources of data milk sales. multiple plants that collectively exceed used to complete the approved forms Accordingly, this final rule adopts the 500-employee limit, the plant will are routinely used in most business proposed amendments detailed in the be considered a large business even if transactions. The forms require only a final decision (77 FR 38536). the local plant has fewer than 500 minimal amount of information which This administrative action is governed employees. can be supplied without data processing by the provisions of sections 556 and During October 2011, the time of the equipment or a trained statistical staff. 557 of Title 5 of the United States Code hearing, there were 6,651 dairy farms Thus, the information collection and and, therefore, is excluded from the pooled on the Mideast order. Of these, reporting burden is relatively small. requirements of Executive Order 12866. approximately 6,169 dairy farms (or Requiring the same reports for all The amendment proposed herein has 92.8 percent) were considered small handlers does not significantly been reviewed under Executive Order businesses. During the same month, disadvantage any handler that is smaller 12988, Civil Justice Reform. They are there were 51 handler operations than the industry average. not intended to have a retroactive effect. associated with the Mideast order (25 The Agricultural Marketing fully regulated handlers, 8 partially Prior Documents in This Proceeding Agreement Act of 1937, as amended (7 regulated handlers, 2 producer- Notice of Hearing: Issued September U.S.C. 601–674) (the Act), provides that handlers, and 16 exempt handlers). Of 2, 2011; published September 8, 2011 administrative proceedings must be these, approximately 38 handlers (or (76 FR 55608). exhausted before parties may file suit in 74.5 percent) were considered small Recommended Decision: Issued court. Under section 608c (15)(A) of the businesses. February 24, 2012; published February Act, any handler subject to an order may The Pool Plant provisions of the 29, 2012 (77 FR 12216). request modification or exemption from Mideast order define which plants have Final Decision: Issued June 22, 2012; such order by filing with USDA a an association with serving the fluid published June 28, 2012 (77 FR 38536). petition stating that the order, any milk market demand of the Mideast provision of the order, or any obligation marketing area, and therefore determine Findings and Determinations imposed in connection with the order is the producers and the producer milk The findings and determinations not in accordance with the law. A that can participate in the marketwide hereinafter set forth supplement those handler is afforded the opportunity for pool as well as share in the Class I that were made when the order was first a hearing on the petition. After a market revenues. The proposed issued and when it was amended. The hearing, the U.S. Department of amendment adopted in this final rule previous findings and determinations Agriculture (USDA or Department) will fully regulate some handlers that are hereby ratified and confirmed, would rule on the petition. The Act currently fall under partial regulation. except where they may conflict with provides that the district court of the As a result, these handlers will be those set forth herein. United States in any district in which required to account to the Mideast order (a) Findings Upon the Basis of the the handler is an inhabitant, or has its marketwide pool. Consequently, all Hearing Record principal place of business, has producers whose milk is pooled and jurisdiction in equity to review USDA’s priced under the terms of the Mideast A public hearing was held upon ruling on the petition, provided a bill in order will benefit from the additional certain proposed amendments to the equity is filed not later than 20 days revenue contributed to the marketwide tentative marketing agreement and to after the date of the entry of the ruling. pool by the newly-regulated distributing the order regulating the handling of plant. The Department anticipates that milk in the Mideast marketing area. The Regulatory Flexibility Act and while these additional monies will be hearing was held pursuant to the Paperwork Reduction Act shared with all producers serving the provisions of the Agricultural Marketing In accordance with the Regulatory market, the amendment will not have a Agreement Act of 1937, as amended (7 Flexibility Act (5 U.S.C. 601–612), the significant economic impact on a U.S.C. 601–674), and the applicable Agricultural Marketing Service (AMS) substantial number of small entities. rules of practice and procedure (7 CFR has considered the economic impact of AMS is committed to complying with part 900). this action on small entities and has the E-Government Act, to promote the Upon the basis of the evidence certified that this proposed rule will not use of the Internet and other introduced at such hearing and the have a significant economic impact on information technologies to provide record thereof, it is found that: a substantial number of small entities. increased opportunities for citizen (1) The said order as hereby amended, For the purpose of the Regulatory access to Government information and and all of the terms and conditions Flexibility Act, a dairy farm is services, and for other purposes. thereof, will tend to effectuate the considered a ‘‘small business’’ if it has A review of reporting requirements declared policy of the Act; an annual gross revenue of less than was completed under the Paperwork (2) The parity prices of milk, as $750,000, and a dairy products Reduction Act of 1995 (44 U.S.C. determined pursuant to section 2 of the manufacturer is a ‘‘small business’’ if it chapter 35). It was determined that the Act, are not reasonable in view of the has fewer than 500 employees. For the amendment will have no impact on price of feeds, available supplies of purposes of determining which dairy reporting, recordkeeping, or other feeds, and other economic conditions farms are ‘‘small businesses,’’ the compliance requirements because it will which affect market supply and demand $750,000 per year criterion was used to remain identical to the current for milk in the aforesaid marketing area. establish a production guideline of requirements. No new forms are The minimum prices specified in the 500,000 pounds per month. Although proposed and no additional reporting order as hereby amended are such this guideline does not factor in requirements are necessary. prices as will reflect the aforesaid additional monies that may be received This notice does not require factors, insure a sufficient quantity of by dairy producers, it should be an additional information collection that pure and wholesome milk, and be in the inclusive standard for most ‘‘small’’ will necessitate clearance by the Office public interest; and

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(3) The said order as hereby amended Authority: 7 U.S.C. 601–674, and 7253. and inspecting certain LPT2 rotor regulates the handling of milk in the ■ 2. Amend § 1033.7 by revising blades. We are issuing this AD to correct same manner as, and is applicable only paragraph (a) to read as follows: an unsafe condition caused by these to persons in the respective classes of blades installed on these engines. industrial or commercial activity § 1033.7 Pool Plant. DATES: This AD is effective October 1, specified in, a marketing agreement * * * * * 2012. upon which a hearing has been held. (a) A distributing plant, other than a The Director of the Federal Register (b) Additional Findings plant qualified as a pool plant pursuant approved the incorporation by reference to paragraph (b) of this section or of a certain publication listed in the AD The amendment to this order is § __.7(b) of any other Federal milk order, as of October 1, 2012. known to handlers. The final decision from which during the month 30 ADDRESSES: For service information containing the proposed amendment to percent or more of the total quantity of identified in this AD, contact Honeywell this order was issued on June 22, 2012, fluid milk products physically received International Inc., 111 S. 34th Street, and published in the Federal Register at the plant (excluding concentrated Phoenix, AZ 85034–2802; Web site: on June 28, 2012 (77 FR 38536). milk received from another plant by The changes that result from this http://portal.honeywell.com; or call agreement for other than class I use) are amendment will not require extensive Honeywell toll free at phone: 800–601– disposed of as route disposition or are preparation or substantial alteration in 3099 (U.S./Canada) or 602–365–3099 transferred in the form of packaged fluid the method of operation for handlers. In (International Direct). milk products to other distributing You may view this service view of the foregoing, it is hereby found plants. At least 25 percent of such route information at the FAA, Engine & and determined that good cause exists disposition and transfers must be to Propeller Directorate, 12 New England for making this amendment effective outlets in the marketing area. Plants Executive Park, Burlington, MA 01803. following October 1, 2012. (Section located within the marketing area that For information on the availability of 553(d), Administrative Procedures Act, meet the 30 percent route disposition this material at the FAA, call 781–238– 5 U.S.C. 551–559.) standard contained above, and have 7125. (c) Determinations combined route disposition and Examining the AD Docket It is hereby determined that: transfers of at least 50 percent into (1) The refusal or failure of handlers Federal order marketing areas will be You may examine the AD docket on (excluding cooperative associations regulated as a distributing plant in this the Internet at http:// specified in section 8c(9) of the AMAA) order. www.regulations.gov; or in person at the of more than 50 percent of the milk, * * * * * Docket Management Facility between 9 which is marketed within the specified a.m. and 5 p.m., Monday through Dated: August 21, 2012. Friday, except Federal holidays. The AD marketing areas, to sign a proposed David R. Shipman, marketing agreement, tends to prevent docket contains this AD, the regulatory Administrator, Agricultural Marketing evaluation, any comments received, and the effectuation of the declared policy of Service. the AMAA; other information. The address for the (2) The issuance of this order [FR Doc. 2012–20973 Filed 8–24–12; 8:45 am] Docket Office (phone: 800–647–5527) is amending the Mideast order is the only BILLING CODE 3410–02–P Document Management Facility, U.S. practical means pursuant to the Department of Transportation, Docket declared policy of the AMAA of Operations, M–30, West Building advancing the interests of producers as DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200 defined in the orders as hereby New Jersey Avenue SE., Washington, amended; and Federal Aviation Administration DC 20590. (3) The issuance of this order FOR FURTHER INFORMATION CONTACT: amending the Mideast order is favored 14 CFR Part 39 Joseph Costa, Aerospace Engineer, Los by at least two-thirds of the producers [Docket No. FAA–2011–0945; Directorate Angeles Aircraft Certification Office, who were engaged in the production of Identifier 2011–NE–18–AD; Amendment 39– FAA, Transport Airplane Directorate, milk for sale in the respective marketing 17161; AD 2012–16–14] 3960 Paramount Blvd., Lakewood, CA areas. 90712–4137; phone: 562–627–5246; fax: RIN 2120–AA64 562–627–5210; email: List of Subjects in 7 CFR Part 1033 [email protected]. Milk marketing orders. Airworthiness Directives; Honeywell International Inc. Turbofan Engines SUPPLEMENTARY INFORMATION: Order Relative to Handling AGENCY: Federal Aviation Discussion It is therefore ordered, that on and Administration (FAA), DOT. after the effective date hereof, the We issued a Notice of Proposed handling of milk in the Mideast ACTION: Final rule. Rulemaking (NPRM) to amend 14 CFR marketing area shall be in conformity to part 39 to include an AD that would SUMMARY: We are adopting a new apply to the specified products. That and in compliance with the terms and airworthiness directive (AD) for all conditions of the order, as amended, NPRM published in the Federal Honeywell International Inc. TFE731– Register on January 9, 2012 (77 FR and as hereby amended, as follows: 20R, –20AR, –20BR, –40, –40AR, –40R, For reasons set forth in the preamble, 1043). That NPRM proposed to require –50R, and –60 turbofan engines. This 7 CFR part 1033 is amended as follows: removing and inspecting certain LPT2 AD was prompted by a report of a rotor blades. quality escape of about 8,000 2nd stage PART 1033—MILK IN THE MIDEAST Comments MARKETING AREA low-pressure turbine (LPT2) rotor blades, manufactured by Honeywell We gave the public the opportunity to ■ 1. The authority citation for 7 CFR Chihuahua Manufacturing Operation participate in developing this AD. We part 1033 continues to read as follows: since 2009. This AD requires removing received no comments on the NPRM.

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Conclusion under the criteria of the Regulatory (e) Compliance We reviewed the relevant data and Flexibility Act. Comply with this AD within the determined that air safety and the List of Subjects in 14 CFR Part 39 compliance times specified, unless already public interest require adopting the AD done. as proposed. Air transportation, Aircraft, Aviation (f) Remove LPT2 Rotor Blades safety, Incorporation by reference, Costs of Compliance Safety. (1) At the next major periodic inspection, not to exceed 3,000 hours time-since-new, or We estimate that this AD will affect Adoption of the Amendment within 5 years after the effective date of this 3,000 engines installed on airplanes of AD, or at the next access, whichever occurs U.S. registry. We also estimate that it Accordingly, under the authority first, do the following using Section 3.0, will take about 1 work-hour per engine delegated to me by the Administrator, Accomplishment Instructions, of Honeywell to perform the record review, and that the FAA amends 14 CFR part 39 as SB TFE731–72–5221, Revision 0, dated the average labor rate is $85 per work- follows: November 11, 2010: hour. For an estimated 500 engines with (i) Remove any suspect LPT2 rotor blades discrepant blades, blade rework cost PART 39—AIRWORTHINESS from service. was estimated at $2,380 per engine with DIRECTIVES (ii) Inspect suspect LPT2 rotor blades. a replacement parts cost about $1,100 per engine. Based on these figures, we ■ 1. The authority citation for part 39 (g) Alternative Methods of Compliance (AMOCs) estimate the total cost of the AD to U.S. continues to read as follows: The Manager, Los Angeles Certification operators to be $1,430,100. Authority: 49 U.S.C. 106(g), 40113, 44701. Office, FAA, may approve AMOCs to this Authority for This Rulemaking § 39.13 [Amended] AD. Use the procedures found in 14 CFR Title 49 of the United States Code 39.19 to make your request. ■ 2. The FAA amends § 39.13 by adding specifies the FAA’s authority to issue (h) Definition rules on aviation safety. Subtitle I, the following new airworthiness section 106, describes the authority of directive (AD): For purposes of this AD, next access is the FAA Administrator. Subtitle VII: defined as when the LPT module is 2012–16–14 Honeywell International Inc. disassembled. Aviation Programs, describes in more (Formerly Allied Signal Inc. and Garrett detail the scope of the Agency’s Turbine Engine Company): Amendment (i) Related Information authority. 39–17161; Docket No. FAA–2011–0945; For more information about this AD, Directorate Identifier 2011–NE–18–AD. We are issuing this rulemaking under contact Joseph Costa, Aerospace Engineer, the authority described in Subtitle VII, (a) Effective Date Los Angles Aircraft Certification Office, FAA, Part A, Subpart III, Section 44701: This AD is effective October 1, 2012. Transport Airplane Directorate, 3960 ‘‘General requirements.’’ Under that Paramount Blvd., Lakewood, CA 90712– section, Congress charges the FAA with (b) Affected ADs 4137; phone: 562–627–5246; fax: 562–627– promoting safe flight of civil aircraft in None. 5210; email: [email protected]. air commerce by prescribing regulations for practices, methods, and procedures (c) Applicability (j) Material Incorporated by Reference the Administrator finds necessary for (1) This AD applies to Honeywell (1) The Director of the Federal Register safety in air commerce. This regulation International Inc. TFE731–20R, –20AR, approved the incorporation by reference is within the scope of that authority –20BR, –40, –40AR, –40R, –50R, and –60 (IBR) of the service information listed in this turbofan engines: because it addresses an unsafe condition paragraph under 5 U.S.C. 552(a) and 1 CFR (i) With an engine model number and part 51. that is likely to exist or develop on serial number (S/N) listed in Table 4 of products identified in this rulemaking (2) You must use this service information Honeywell Service Bulletin (SB) TFE731–72– as applicable to do the actions required by action. 5221, Revision 0, dated November 11, 2010, this AD, unless the AD specifies otherwise. or Regulatory Findings (i) Honeywell SB TFE731–72–5221, (ii) With 2nd stage low-pressure turbine This AD will not have federalism (LPT2) rotor assembly part numbers (P/Ns) Revision 0, dated November 11, 2010. implications under Executive Order 3060608–2, 3060608–3, or 3060608–5 that (ii) Reserved. 13132. This AD will not have a had any LPT2 rotor blades P/N 3075424–2 (3) For Honeywell International Inc. substantial direct effect on the States, on replaced between March 2009 and September service information identified in this AD, the relationship between the national 2010, inclusive, or that had any LPT2 rotor contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034–2802; Web government and the States, or on the blades P/N 3075424–3 replaced between July site: http://portal.honeywell.com; or call distribution of power and 2010 and September 2010, inclusive. Honeywell toll free at phone: 800–601–3099 (d) Unsafe Condition responsibilities among the various (U.S./Canada) or 602–365–3099 levels of government. This AD was prompted by a report of a (International Direct). For the reasons discussed above, I quality escape of about 8,000 LPT2 rotor (4) You may view this service information certify that this AD: blades, manufactured by Honeywell at FAA, Engine & Propeller Directorate, 12 (1) Is not a ‘‘significant regulatory Chihuahua Manufacturing Operation since New England Executive Park, Burlington, 2009. During LPT rotor acceleration, these action’’ under Executive Order 12866, MA. For information on the availability of blades may contact and damage the 3rd stage (2) Is not a ‘‘significant rule’’ under this material at the FAA, call 781–238–7125. LPT (LPT3) nozzle seal carrier that may DOT Regulatory Policies and Procedures (5) You may view this service information (44 FR 11034, February 26, 1979), subsequently fatigue and contact the adjacent rotor and damage the rotor. Also, these at the National Archives and Records (3) Will not affect intrastate aviation blades could deform the blade retainers, Administration (NARA). For information on in Alaska, and which could lead to blade movement that the availability of this material at NARA, call (4) Will not have a significant may cause rotor damage. We are issuing this 202–741–6030, or go to: http:// economic impact, positive or negative, AD to correct the unsafe condition caused by www.archives.gov/federal-register/cfr/ibr- on a substantial number of small entities these blades installed on these engines. locations.html.

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Issued in Burlington, Massachusetts, on index (for all urban consumers Administrative Procedure Act do not August 6, 2012. published by the Department of Labor) apply. See 5 U.S.C. 553(b). For this Mark C. Fulmer, (‘‘CPI’’) for the most recently ended 12- reason, the requirements of the Acting Manager, Engine & Propeller month period ending on June 30 Regulatory Flexibility Act also do not Directorate, Aircraft Certification Service. exceeds the CPI for the 12-month period apply. See 5 U.S.C. 603, 604. [FR Doc. 2012–21008 Filed 8–24–12; 8:45 am] ending June 30, 2008. The Act also Pursuant to the Paperwork Reduction BILLING CODE 4910–13–P states that any increase shall be rounded Act, 44 U.S.C. 3501–3521, the Office of to the nearest dollar and that there shall Management and Budget (‘‘OMB’’) be no increase in the dollar amounts if approved the information collection FEDERAL TRADE COMMISSION the change in the CPI is less than one requirements in the Amended TSR and percent. For fiscal year 2009, the Act assigned the following existing OMB 16 CFR Part 310 specified that the original annual fee for Control Number: 3084–0097. The access to the Registry for each area code RIN 3084–AA98 amendments outlined in this Final Rule of data was $54 per area code, or $27 pertain only to the fee provision Telemarketing Sales Rule Fees per area code of data during the second (§ 310.8) of the Amended TSR and will six months of an entity’s annual not establish or alter any record AGENCY: Federal Trade Commission. subscription period, and that the keeping, reporting, or third-party ACTION: Final rule. maximum amount that would be disclosure requirements elsewhere in charged to any single entity for the Amended TSR. SUMMARY: The Federal Trade accessing area codes of data would be Commission (the ‘‘Commission’’ or $14,850. List of Subjects in 16 CFR Part 310 ‘‘FTC’’) is amending its Telemarketing The determination whether a fee Advertising, Consumer protection, Sales Rule (‘‘TSR’’) by updating the fees change is required and the amount of Reporting and recordkeeping charged to entities accessing the the fee change involves a two-step requirements, Telephone, Trade National Do Not Call Registry (the process. First, to determine whether a practices. ‘‘Registry’’) as required by the Do-Not- fee change is required, we measure the Accordingly, the Federal Trade Call Registry Fee Extension Act of 2007. change in the CPI from the time of the Commission amends part 310 of title 16 DATES: Effective Date: The revised fees previous increase in fees. There was an of the Code of Federal Regulations as will become effective October 1, 2012. increase in the fees for fiscal year 2012. follows: ADDRESSES: Requests for copies of this Accordingly, we calculated the change document should be sent to: Public in the CPI since last year, and the PART 310—TELEMARKETING SALES Reference Branch, Federal Trade increase was 2.93 percent. Because this RULE Commission, Room 130, 600 change is over the one percent Pennsylvania Avenue NW., Washington, threshold, the fees will change for fiscal ■ 1. The authority citation for part 310 DC 20580. Copies of this document are year 2013. continues to read as follows: Second, to determine how much the also available on the Internet at the Authority: 15 U.S.C. 6101–6108; 15 U.S.C. Commission’s Web site: http://www.ftc. fees should increase this fiscal year, we 6151–6155. gov. use the calculation specified by the Act set forth above, the percentage change in ■ 2. In § 310.8, revise paragraphs (c) and FOR FURTHER INFORMATION CONTACT: Ami the baseline CPI applied to the original (d) to read as follows: Joy Dziekan, (202) 326–2648, BCP, fees for fiscal year 2009. The average Federal Trade Commission, 600 value of the CPI for July 1, 2007 to June § 310.8 Fee for access to the National Do Pennsylvania Avenue NW., Room H– 30, 2008 was 211.702; the average value Not Call Registry. 246, Washington, DC 20580. for July 1, 2011 to June 30, 2012 was * * * * * SUPPLEMENTARY INFORMATION: To comply 227.565, an increase of 7.49 percent. (c) The annual fee, which must be with the Do-Not-Call Registry Fee Applying the 7.49 percent increase to paid by any person prior to obtaining Extension Act of 2007 (Pub. L. 110–188, the base amount from fiscal year 2009, access to the National Do Not Call 122 Stat. 635) (‘‘Act’’), the Commission leads to an increase from $56 to $58 in Registry, is $58 for each area code of is amending the TSR by updating the the fee from last year for access to a data accessed, up to a maximum of fees entities are charged for accessing single area code of data for a full year $15,962; provided, however, that there the Registry as follows: the revised rule for fiscal year 2013. The actual amount shall be no charge to any person for increases the annual fee for access to the is $58.04, but when rounded, pursuant accessing the first five area codes of Registry for each area code of data from to the Act, the amount is $58. The fee data, and provided further, that there $56 to $58 per area code; increases the for accessing an additional area code for shall be no charge to any person fee per area code of data during the a half year increases to $29.02 (rounded engaging in or causing others to engage second six months of an entity’s annual to $29). The maximum amount charged in outbound telephone calls to subscription period from $28 to $29; increases to $15,962.26 (rounded to consumers and who is accessing area and increases the maximum amount $15,962). codes of data in the National Do Not that will be charged to any single entity Administrative Procedure Act; Call Registry if the person is permitted for accessing area codes of data from Regulatory Flexibility Act; Paperwork to access, but is not required to access, $15,503 to $15,962. Reduction Act. The revisions to the Fee the National Do Not Call Registry under These increases are in accordance Rule are technical in nature and merely this Rule, 47 CFR 64.1200, or any other with the Act, which specifies that incorporate statutory changes to the Federal regulation or law. Any person beginning after fiscal year 2009, the TSR. These statutory changes have been accessing the National Do Not Call dollar amounts charged shall be adopted without change or Registry may not participate in any increased by an amount equal to the interpretation, making public comment arrangement to share the cost of amounts specified in the Act, multiplied unnecessary. Therefore, the Commission accessing the registry, including any by the percentage (if any) by which the has determined that the notice and arrangement with any telemarketer or average of the monthly consumer price comment requirements of the service provider to divide the costs to

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access the registry among various clients incarceration of individual offenders. storage or maintenance until a final of that telemarketer or service provider. Moreover, administrative forfeiture order of forfeiture can be obtained. (d) Each person who pays, either permits the expedient and effective use In recognition of the link between directly or through another person, the of this crucial law enforcement tool. drug trafficking and many criminal annual fee set forth in § 310.8(c), each DATES: This rule is effective February organizations, the Attorney General has person excepted under § 310.8(c) from 25, 2013. authorized the Federal Bureau of Investigation (FBI) to seize and forfeit paying the annual fee, and each person FOR FURTHER INFORMATION CONTACT: excepted from paying an annual fee Denise Brown, Enforcement Programs property under 21 U.S.C. 881. See 28 CFR 0.85(a). This delegation of authority under § 310.4(b)(1)(iii)(B), will be and Services, Bureau of Alcohol, has allowed the FBI to more effectively provided a unique account number that Tobacco, Firearms, and Explosives, U.S. investigate and dismantle criminal will allow that person to access the Department of Justice, 99 New York registry data for the selected area codes organizations. Avenue NE., Washington, DC 20226, ATF joined the Department of Justice at any time for the twelve month period telephone: (202) 648–7105. beginning on the first day of the month in January 2003 pursuant to the SUPPLEMENTARY INFORMATION: in which the person paid the fee (‘‘the Homeland Security Act of 2002 (Pub. L. annual period’’). To obtain access to Background 107–296). One of the primary missions additional area codes of data during the of the ATF is to combat firearm-related The Attorney General has delegated to violent crime. The nexus between drug first six months of the annual period, ATF the authority to investigate, seize, each person required to pay the fee trafficking and firearm violence is well and forfeit property involved in a established. The Attorney General, under § 310.8(c) must first pay $58 for violation or attempted violation within each additional area code of data not however, has not previously delegated its investigative jurisdiction. See 28 CFR to ATF title 21 seizure and forfeiture initially selected. To obtain access to 0.130(b). ATF investigations focusing on additional area codes of data during the authority. On review of the current role violent crime frequently involve and mission of ATF within the second six months of the annual period, complex criminal organizations with each person required to pay the fee Department of Justice, the Attorney multiple criminal enterprises and General has decided to authorize a under § 310.8(c) must first pay $29 for uncover drug-related offenses in each additional area code of data not temporary delegation of title 21 seizure addition to offenses within ATF’s and forfeiture authority to determine initially selected. The payment of the primary jurisdiction, such as violations additional fee will permit the person to whether such authority can enhance the of the Gun Control Act, 18 U.S.C. effectiveness of ATF in the investigation access the additional area codes of data Chapter 44, or the Contraband Cigarette for the remainder of the annual period. of violent crimes involving firearms. Trafficking Act, 18 U.S.C. Chapter 114. Consequently, by this final rule the * * * * * In such investigations, ATF does not Attorney General is delegating By direction of the Commission. currently have authority under 21 administrative seizure and forfeiture Donald S. Clark, U.S.C. Chapter 13 to seize for authority under 21 U.S.C. 881 to the Secretary. administrative forfeiture property ATF for a trial period of one year. The [FR Doc. 2012–21041 Filed 8–24–12; 8:45 am] involved in controlled substance language in this rule delegating offenses. Instead, ATF generally refers BILLING CODE 6750–01–P administrative forfeiture authority to such property to the Drug Enforcement ATF is modeled after the language in Administration (DEA), which is the FBI authorization. ATF may primarily responsible for investigating DEPARTMENT OF JUSTICE continue to exercise this delegated violations of drug laws contained in title authority for all property in its 28 CFR Part 0 21 of the United States Code. DEA then possession on or before the end of the initiates, processes, and concludes all one-year period, even if this delegation [AG Order No. 3342–2012] necessary forfeiture actions for the is not otherwise extended. controlled-substance-related property. Authorization To Seize Property The Department of Justice believes Final Rule Involved in Drug Offenses for that forfeiting the assets of criminals is This rule amends the regulations in Administrative Forfeiture (2012R–9P) an essential tool in combating criminal 28 CFR part 0 to authorize the Director AGENCY: Department of Justice. activity and provides law enforcement of ATF to exercise, for a period of one ACTION: Final rule. with the capacity to dismantle criminal year from the effective date of this final organizations that would continue to rule, the authority to seize, forfeit, and SUMMARY: The Department of Justice is function after conviction and remit or mitigate the forfeiture of amending its regulations to allow the incarceration. The Department further property in accordance with 21 U.S.C. Director of the Bureau of Alcohol, believes that administrative forfeiture 881. Tobacco, Firearms, and Explosives permits the expedient and effective use Forfeiting the assets of criminals is an (ATF) to exercise, for a one-year period of this crucial law enforcement tool. essential tool in combating criminal following the effective date of this rule, An uncontested administrative activity and provides law enforcement the authority to seize and forfeiture can be perfected in 60–90 with the capacity to dismantle criminal administratively forfeit property days for minimal cost, including the organizations that otherwise would involved in controlled substance statutorily required advertisement and continue to function after conviction offenses. Many years of experience have notice by registered mail. Conversely, and incarceration of individual demonstrated that forfeiting the assets of the costs associated with judicial participants. The Attorney General has criminals is an essential tool in forfeiture can amount to hundreds or decided to adopt a one-year delegation combating criminal activity and thousands of dollars and the judicial of administrative seizure and forfeiture provides law enforcement with the process generally can take anywhere authority to permit ATF to make capacity to dismantle criminal from 6 months to years. In the expedient and effective use of this organizations that would continue to meantime, the government incurs crucial law enforcement tool in the function after the conviction and additional costs if the property requires investigation of organizations and

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individuals involved in firearm violence Regulatory Review.,’’ This rule is List of Subjects in 28 CFR Part 0 associated with drug trafficking. After limited to agency organization, Authority delegations (Government considering the effectiveness of this management, or personnel matters as agencies), Government employees, delegation over the course of the one- described by Executive Order 12866, Organization and functions year period, the Attorney General may section 3(d)(3) and, therefore, is not a (Government agencies), Privacy, elect to make the delegation of authority ‘‘regulation’’ or ‘‘rule’’ as defined by that Reporting and recordkeeping to the ATF permanent in a subsequent Executive Order. requirements, Whistleblowing. rulemaking. Executive Order 12988 Authority and Issuance Administrative Procedure Act (APA) Accordingly, by virtue of the Notice and comment rulemaking is This regulation meets the applicable standards set forth in sections 3(a) and authority vested in me as Attorney not required for this final rule. Under General, including 5 U.S.C. 301 and 28 the APA, ‘‘rules of agency organization, 3(b)(2) of Executive Order 12988, ‘‘Civil Justice Reform.’’ U.S.C. 509, 510, and for the reasons set procedure or practice,’’ 5 U.S.C. forth in the preamble, part 0 of title 28 553(b)(A), that do not ‘‘affect[] Executive Order 13132 of the Code of Federal Regulations is individual rights and obligations,’’ amended as follows: Morton v. Ruiz, 415 U.S. 199, 232 This rule will not have substantial (1974), are exempt from the general direct effects on the States, on the PART 0—ORGANIZATION OF THE notice and comment requirements of relationship between the national DEPARTMENT OF JUSTICE section 553 of title 5 of the United States government and the States, or on the Code. See JEM Broad. Co. v. FCC, 22 distribution of power and ■ 1. The authority citation for 28 CFR F.3d 320, 326 (D.C. Cir. 1994) (section responsibilities among the various Part 0 continues to read as follows: 553(b)(A) applies to ‘‘agency actions levels of government. Therefore, in Authority: 5 U.S.C. 301; 28 U.S.C. 509, that do not themselves alter the rights or accordance with Executive Order 13132, 510, 515–519. interests of parties, although [they] may ‘‘Federalism,’’ the Department has alter the manner in which the parties ■ 2. Section 0.130 is amended by determined that this rule does not have designating paragraph (b) as paragraph present themselves or their viewpoints sufficient federalism implications to to the agency’’) (quoting Batterton v. (b)(1) and by adding new paragraph warrant the preparation of a federalism (b)(2) to read as follows: Marshall, 648 F.2d 694, 707 (D.C. Cir. summary impact statement. 1980) (internal quotation marks § 0.130 General functions. omitted)). The revisions to the Unfunded Mandates Reform Act of 1995 * * * * * regulations in 28 CFR part 0 are purely (b)(1) * * * a matter of agency organization, This rule will not result in the expenditure by State, local, and tribal (2) Seize, forfeit, and remit or mitigate procedure, and practice that will not the forfeiture of property in accordance affect individual rights and obligations. governments, in the aggregate, or by the private sector, of $100 million or more with 21 U.S.C. 881 and applicable This rule does not expand the Department of Justice regulations. This government’s ability as a matter of law in any one year, and it will not significantly or uniquely affect small authority is effective during the 12- to effectuate forfeitures; it simply month period beginning on February 25, authorizes the Director of ATF to governments. Therefore, no actions are necessary under the provisions of the 2013 and ending on February 25, 2014, effectuate such forfeitures. Internal except that it may continue to be delegations of authority such as in this Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. exercised after February 25, 2014 with final rule are ‘‘rules of agency respect to any property in the Bureau’s organization, procedure, or practice Small Business Regulatory Enforcement possession on or before that date. under the APA’’. Fairness Act of 1996 * * * * * Regulatory Flexibility Act This rule is not a major rule as Dated: August 21, 2012. The Attorney General, in accordance defined by section 251 of the Small Eric H. Holder, Jr., with the Regulatory Flexibility Act, 5 Business Regulatory Enforcement Attorney General. U.S.C. 605(b), has reviewed this rule Fairness Act of 1996 (SBREFA), 5 U.S.C. [FR Doc. 2012–20923 Filed 8–24–12; 8:45 am] and, by approving it, certifies that it will 804. This rule will not result in an BILLING CODE 4410–19–P not have a significant economic impact annual effect on the economy of $100 on a substantial number of small entities million or more; a major increase in because it pertains to personnel and costs or prices; or significant adverse DEPARTMENT OF HOMELAND administrative matters affecting the effects on competition, employment, SECURITY Department. Further, a Regulatory investment, productivity, innovation, or Flexibility Analysis is not required for the ability of United States-based Coast Guard this final rule because the Department enterprises to compete with foreign- was not required to publish a general based enterprises in domestic and 33 CFR Part 117 notice of proposed rulemaking for this export markets. matter. [Docket No. USCG–2012–0794] Congressional Review Act Executive Order 12866 and Executive Drawbridge Operation Regulation; Order 13563 This action pertains to agency Cape Fear River, Wilmington, NC This rule has been drafted and management, personnel, and AGENCY: Coast Guard, DHS. reviewed in accordance with Executive organization and does not substantially ACTION: Notice of temporary deviation Order 12866, ‘‘Regulatory Planning and affect the rights or obligations of non- from regulations. Review,’’ section 1(b), Principles of agency parties. Accordingly, it is not a Regulation, and with Executive Order rule for purposes of the reporting SUMMARY: The Commander, Fifth Coast 13563, ‘‘Improving Regulation and requirement of 5 U.S.C. 801. Guard District, has issued a temporary

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deviation from the regulation governing freighters, tug and barge traffic, and (1) Federal eRulemaking Portal: the operation of the Cape Fear River recreational vessels. Vessels that can http://www.regulations.gov. Memorial Bridge, at mile 26.8, over pass under the bridge without a bridge (2) Fax: 202–493–2251. Cape Fear River, at Wilmington, NC. opening may continue to do so at (3) Mail or Delivery: Docket The deviation restricts the operation of anytime. Management Facility (M–30), U.S. the draw span to facilitate the structural The Coast Guard has carefully Department of Transportation, West repairs of the bridge. coordinated the restrictions with Building Ground Floor, Room W12–140, DATES: This deviation is effective from commercial and recreational waterway 1200 New Jersey Avenue SE., 8 p.m. on September 26, 2012 until 5:30 users. The Coast Guard will inform all Washington, DC 20590–0001. a.m. on October 15, 2012. users of the waterway through our Local (4) Hand Delivery: Same as the mail ADDRESSES: Documents mentioned in and Broadcast Notice to Mariners of the address above, between 9 a.m. and 5 this preamble as being available in the closure periods for the bridge so that p.m., Monday through Friday, except docket USCG–2012–0794 and are vessels can arrange their transits to federal holidays. The telephone number available online by going to http://www. minimize any impacts caused by the is 202–366–9329. regulations.gov, inserting USCG–2012– temporary deviation. To avoid duplication, please use only 0794 in the ‘‘Keywords’’ box, and then In accordance with 33 CFR 117.35(e), one of these four methods. See the clicking ‘‘Search’’. This material is also the drawbridge must return to its regular ‘‘Public Participation and Request for available for inspection or copying the operating schedule immediately at the Comments’’ portion of the Docket Management Facility (M–30), end of the designated time period. This SUPPLEMENTARY INFORMATION section U.S. Department of Transportation, deviation from the operating regulations below for instructions on submitting West Building Ground Floor, Room is authorized under 33 CFR 117.35. comments. W12–140, 1200 New Jersey Avenue SE., Dated: August 14, 2012. FOR FURTHER INFORMATION CONTACT: If Washington, DC 20590, between 9 a.m. Waverly W. Gregory, Jr., you have questions on this rule, call or and 5 p.m., Monday through Friday, Bridge Program Manager, Fifth Coast Guard email Michael Lieberum, Seventh except Federal Holidays. District. District Bridge Branch, Coast Guard; FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2012–20977 Filed 8–24–12; 8:45 am] telephone (305) 415–6744, email you have questions on this rule, call or BILLING CODE 9110–04–P [email protected]. If you email Mr. Bill H. Brazier, Bridge have questions on viewing or submitting Management Specialist, Fifth Coast material to the docket, call Renee V. Guard District, telephone (757) 398– DEPARTMENT OF HOMELAND Wright, Program Manager, Docket 6422, email [email protected]. If SECURITY Operations, telephone 202–366–9826. you have questions on reviewing the SUPPLEMENTARY INFORMATION: docket, call Renne V. Wright, Program Coast Guard Manager, Docket Operations, 202–366– Public Participation and Request for 9826. 33 CFR Part 117 Comments SUPPLEMENTARY INFORMATION: The North [Docket No. USCG–2012–0774] We encourage you to participate in Carolina Department of Transportation, this rulemaking by submitting who owns and operates this vertical lift Drawbridge Operation Regulations; comments and related materials. All bridge, has requested a temporary Wando River, Cainhoy, SC comments received will be posted, deviation to facilitate cable replacement without change, to http://www. AGENCY: Coast Guard, DHS. on the structure. regulations.gov and will include any Under the regular operating schedule, ACTION: Notice of temporary deviation personal information you have the bridge opens on signal as required from regulations; request for comments. provided. by 33 CFR 117.5, except that under 33 SUMMARY: The Commander, Seventh Submitting Comments CFR 117.822, the draw need not open Coast Guard District, has issued a If you submit a comment, please for the passage of vessels from 8 a.m. to temporary deviation from the operating 10 a.m. on the second Saturday of July include the docket number for this schedule that governs the S41 rulemaking (USCG–2012–0774), and from 7 a.m. to 11 a.m. on the first Swingbridge across the Wando River or second Sunday of November every indicate the specific section of this mile 10.0, at Cainhoy, Berkeley County, document to which each comment year. South Carolina. This deviation will test The Cape Fear River Memorial Bridge, applies, and provide a reason for each a change to the drawbridge operation at mile 26.8, at Wilmington, NC, has suggestion or recommendation. You schedule to determine whether a vertical clearances in the open and may submit your comments and permanent change to the schedule is closed positions of 135 feet and 65 feet material online (http://www.regulations. needed. This deviation will allow the above mean high water, respectively. gov), or by fax, mail or hand delivery, Under this temporary deviation, the S41 Swingbridge to open on the hour but please use only one of these means. drawbridge will be closed to navigation and half-hour which is anticipated to If you submit a comment online via beginning at 8 p.m. on September 26, improve vessel traffic flow. http://www.regulations.gov, it will be 2012 until and including 5:30 a.m. on DATES: This deviation is effective from considered received by the Coast Guard October 1, 2012, and again from 8 p.m. 8 p.m. on September 1, 2012 through 5 when you successfully transmit the on October 10, 2012 until and including p.m. on December 31, 2012. comment. If you fax, hand deliver, or 5:30 a.m. on October 15, 2012. There are Comments and related material must mail your comment, it will be no alternate routes for vessels transiting be received by the Coast Guard on or considered as having been received by this section of the Cape Fear River. The before February 28, 2013. the Coast Guard when it is received at drawbridge will be unable to open in ADDRESSES: You may submit comments the Docket Management Facility. We the event of an emergency. identified by docket number USCG– recommend that you include your name Typical vessel traffic on the Cape Fear 2012–0774 using any one of the and a mailing address, an email address, River includes a variety of vessels from following methods: or a phone number in the body of your

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document so that we can contact you if Basis and Purpose ENVIRONMENTAL PROTECTION we have questions regarding your AGENCY submission. The S41 Swingbridge across Wando River mile 10.0, Cainhoy, Berkeley 40 CFR Parts 85, 86, 600, 1033, 1036, To submit your comment online, go to County, South Carolina has a vertical 1037, 1039, 1065, 1066, and 1068 http://www.regulations.gov, click on the clearance of 6 feet in the closed [EPA–HQ–OAR–2010–0162; FRL–9720–9] ‘‘submit a comment’’ box, which will position. The operating schedule as then become highlighted in blue. In the published in 33 CFR 117.939 states the ‘‘Keyword’’ box insert ‘‘USCG–2012– EPA’s Denial of the Petition To draw of the S41 bridge shall open on 0774,’’ click ‘‘Search,’’ and then click on Reconsider the Greenhouse Gas signal if at least 12 hours notice is given. the balloon shape in the ‘‘Actions’’ Emissions Standards and Fuel This regulation has been in effect since column. If you submit your comments Efficiency Standards for Medium- and 1965. by mail or hand delivery, submit them Heavy-Duty Engines and Vehicles in an unbound format, no larger than Local mariners have asked the Coast AGENCY: Environmental Protection 81⁄2 by 11 inches, suitable for copying Guard to evaluate the operating Agency (EPA). schedule to determine if more frequent and electronic filing. If you submit them ACTION: Denial of petition to reconsider. by mail and would like to know that openings would improve the they reached the Facility, please enclose accessibility of the waterway to SUMMARY: The Environmental Protection a stamped, self-addressed postcard or maritime navigation. An estimated 400 Agency (EPA or Agency) is denying the envelope. We will consider all recreational boats use the waterway in petition of Plant Oil Powered Diesel comments and material received during the local area. However, boaters upriver Fuel Systems, Inc. (‘‘POP Diesel’’) to the comment period and may change from the bridge have stated that the reconsider the final rules establishing the rule based on your comments. bridge’s low vertical clearance and emissions standards to reduce requirement for 12-hours notice greenhouse gas emissions from on-road Viewing Comments and Documents prevents boaters from accessing heavy-duty vehicles. To view comments, as well as waterways, like Charleston harbor and DATES: This denial is effective August documents mentioned in this preamble the ocean, on the downriver side of the 27, 2012. as being available in the docket, go to bridge. The South Carolina Department ADDRESSES: EPA’s docket for this action http://www.regulations.gov, click on the of Transportation has advised that is Docket ID No. EPA–HQ–OAR–2010– ‘‘read comments’’ box, which will then approximately 1000 to 3000 vehicles per 0162. All documents in the docket are become highlighted in blue. In the day cross this bridge. The Coast Guard listed on the http://www.regulations.gov ‘‘Keyword’’ box insert ‘‘USCG–2012– anticipates daily bridge openings during Web site. Although listed in the index, 0774’’ and click ‘‘Search.’’ Click the this test a positive impact on navigation some information is not publicly ‘‘Open Docket Folder’’ in the ‘‘Actions’’ with the increased use of the waterway available, e.g., confidential business column. You may also visit the Docket by vessel traffic. information (CBI) or other information Management Facility in Room W12–140 This deviation is effective from 8 p.m. whose disclosure is restricted by statute. on the ground floor of the Department on September 1, 2012 through 5 p.m. on Certain other material, such as of Transportation West Building, 1200 December 31, 2012. The S41 copyrighted material, is not placed on the Internet and will be publicly New Jersey Avenue SE., Washington, Swingbridge shall open on the hour and available only in hard copy form. DC 20590, between 9 a.m. and 5 p.m., the half hour, 24 hours-a-day, seven Publicly available docket materials are Monday through Friday, except Federal days-a-week. available either electronically through holidays. We have an agreement with Following the test deviation period, http://www.regulations.gov or in hard the Department of Transportation to use the Coast Guard will review the bridge copy at EPA’s Docket Center, Public the Docket Management Facility. logs from the bridge owner to evaluate Reading Room, EPA West Building, Privacy Act the impact of this test on local marine Room 3334, 1301 Constitution Avenue traffic. The Coast Guard will also NW., Washington, DC 20004. This Anyone can search the electronic consider all comments and related Docket Facility is open from 8:30 a.m. form of comments received into any of materials submitted in response to this to 4:30 p.m., Monday through Friday, our dockets by the name of the test deviation. The Coast Guard will excluding legal holidays. The telephone individual submitting the comment (or then evaluate whether a permanent number for the Public Reading Room is signing the comment, if submitted on change to the operating schedule of the (202) 566–1744, and the telephone behalf of an association, business, labor S41 Swingbridge is necessary, and number for the Air Docket is (202) 566– union, etc.). You may review a Privacy under what conditions the bridge 1742. Act notice regarding our public dockets should open. FOR FURTHER INFORMATION CONTACT: in the January 17, 2008, issue of the In accordance with 33 CFR 117.35(e), Steven Silverman, Office of General Federal Register (73 FR 3316). the drawbridge must return to its regular Counsel, Environmental Protection Public Meeting operating schedule immediately at the Agency, 1200 Pennsylvania Avenue end of the designated time period. This NW., Washington, DC 20460; telephone We do not now plan to hold a public deviation from the operating regulations number: (202) 564–5523; email address: meeting. But you may submit a request is authorized under 33 CFR 117.35. [email protected]. for one using one of the four methods SUPPLEMENTARY INFORMATION: Dated: August 10, 2012. specified under ADDRESSES. Please Acronyms and Abbreviations. The explain why one would be beneficial. If B.L. Dragon, following acronyms and abbreviations we determine that one would aid this Bridge Program Director, Seventh Coast are used in this Decision. Guard District. rulemaking, we will hold one at a time CAA Clean Air Act [FR Doc. 2012–20978 Filed 8–24–12; 8:45 am] and place announced by a later notice CO2 carbon dioxide in the Federal Register. BILLING CODE 9110–04–P EV electric vehicle

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EPA Environmental Protection Agency rule and provide the same procedural adequately consider the so-called FR Federal Register rights as would have been afforded had rebound effect during the rulemaking. FCV fuel cell vehicle the information been available at the POP Diesel maintains that ‘‘[t]he GHG GHG greenhouse gas time the rule was proposed. If the standards will have the effect of making GVWR gross vehicle weight rating Administrator refuses to convene such a HD heavy-duty diesel engines less expensive to operate proceeding, such person may seek on petroleum fuel, which may, in fact, N2O nitrous oxide NHTSA National Highway Traffic Safety review of such refusal in the United spur demand and have the result of Administration States court of appeals for the increasing overall energy consumption POP Diesel Plant Oil Powered Diesel Fuel appropriate circuit. Such and likely, consumption of fossil fuels.’’ Systems, Inc. reconsideration shall not postpone the November 14, 2011 Petition p. 15. In its PHEV plug-in hybrid electric vehicle effectiveness of the rule. The supplement to its original petition, POP RFS Renewable Fuel Standard effectiveness of the rule may be stayed Diesel elaborated on this objection, RIN Renewable Identification Number pending such reconsideration, however, maintaining that the rules would VMT vehicle miles travelled by the Administrator or the court for a increase GHG emissions from heavy- I. Introduction period not to exceed three months.’’ duty vehicles due to aspects of the Thus, for reconsideration to be rebound effect not accounted for in On September 15, 2011, the EPA mandated, a petition for reconsideration issued final rules establishing standards EPA’s analysis. Specifically, POP Diesel must show why the objection or claim maintains that EPA underestimated the limiting emissions of CO2, methane, could not have been presented during direct rebound effect and that a revised nitrous oxide (N2O) and the comment period—either because it hydrofluorocarbons (greenhouse gases estimate of the direct rebound effect was impracticable to raise the objection would result in an increase in or GHGs) from on-road heavy-duty during that time or because the grounds vehicles, including combination greenhouse gas emissions Also, POP for raising the objection arose after the Diesel maintains that there are indirect, tractors, heavy-duty pickup trucks and period for public comment but within vans, and vocational vehicles. 76 FR ‘‘embedded energy’’ (increased energy 60 days of publication of the final action use as a result of additional goods and 57106 (September 15, 2011). In this joint (i.e. ‘‘the time specified for judicial rulemaking the National Highway services produced) and ‘‘frontier’’ review’’). To be of central relevance to (creation of new, energy-intense Traffic Safety Administration (NHTSA), the outcome of a rule, an objection must on behalf of the Department of products) rebound effects which EPA provide substantial support for the failed to examine, instead only Transportation, issued rules for fuel argument that the promulgated consumption from these vehicles at the analyzing direct effects in the form of regulation should be revised. See 76 FR estimated increase in vehicle miles same time. Together these rules 28318 (May 17, 2011) and other actions comprise a coordinated and travelled (and increases in GHG and there cited. criteria pollutant emissions associated comprehensive Heavy-Duty (HD) Because all of the objections or claims with that increase). February 12, 2012 National Program designed to address raised in POP Diesel’s petition could Supplemental Petition p. 12. These the urgent and closely intertwined have been presented to EPA during the objections are accompanied by a challenges of reduction of dependence rulemaking, EPA is denying the request supporting declaration of Dr. Harry on oil, achievement of energy security, for reconsideration. EPA also finds that Duston Saunders (a published and amelioration of global climate the petitioner has not provided researcher in energy economics) change. substantial support for the argument likewise dated February 12, 2012. POP Diesel petitioned EPA to that the promulgated regulation should reconsider its greenhouse standards. be revised and is denying the request for POP Diesel does not address why this Because the petition does not state reconsideration for that reason as well. objection could not have been raised grounds which satisfy the requirements during the public comment period, as of section 307(d)(7)(B) of the Act, and III. POP Diesel’s Petition for required by section 307(d)(7)(B). EPA does not provide substantial support for Reconsideration discussed the rebound effect at length in the argument that the promulgated POP Diesel filed a petition for the proposed rule. See 75 FR 74152, regulation should be revised, EPA is reconsideration with EPA on November 74316–20 (November 30, 2010). The denying the petition. 14, 2011 and supplemented this petition proposal included specific discussions on February 12, 2012. The company of factors affecting the magnitude of the II. Standard for Reconsideration produces equipment intended to be rebound effect, options for quantifying Section 307(d)(7)(B) of the Clean Air installed after-market on diesel engines the effect (including aggregate estimates, Act (CAA) states that: ‘‘Only an to permit the engines to operate on 100 sector-specific estimates, econometric objection to a rule or procedure which percent untransestrified plant oil. estimates, and other modeling was raised with reasonable specificity February 12 Petition p. 12. The engine approaches), as well as quantified during the period for public comment starts and shuts down on diesel from an estimates of the effect which EPA (including any public hearing) may be original fuel tank during startup and thereupon applied in estimating the raised during judicial review. If the shutoff but at all other times would run proposed rules’ impacts on GHG person raising an objection can on 100 percent plant oil coming from an emissions, criteria pollutant emissions, demonstrate to the Administrator that it auxiliary tank. Id POP Diesel states that as well as overall costs and benefits of was impracticable to raise such engines operated on vegetable oils with the proposed program. Id. and 75 FR at objection within such time or if the its systems incur ‘‘only a modest fuel 74290, 74313; see also Regulatory grounds for such objection arose after consumption penalty’’ but would have Impact Analysis: Final Rulemaking to the period for public comment (but superior GHG performance if evaluated Establish Greenhouse Gas Emissions within the time specified for judicial on a full lifecycle basis. November 14, Standards and Fuel Efficiency review) and if such objection is of Petition p. 13; February 12 Petition p. Standards for Medium- and Heavy-Duty central relevance to the outcome of the 22. Engines and Vehicles, Docket #EPA– rule, the Administrator shall convene a The objection raised in POP Diesel’s HQ–OAR–2010–0162–3634, pages 9–9 proceeding for reconsideration of the petitions is that EPA failed to through 9–18. EPA received comments

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on its approach to the rebound effect different estimates of rebound effects to proposed rule. 75 FR at 74320. EPA and responded to them as part of the different heavy-duty vehicle classes continues to believe that its estimate of rulemaking. 76 FR at 57326–30; see also (medium-duty pickups and vans, direct VMT rebound effect in the final Response to Comments Document at vocational vehicles, and combination rule is reasonable. 14–24. It is therefore apparent that POP tractors) was arbitrary. Saunders B. Indirect Rebound Effects Diesel had the opportunity to present all Affidavit paras. 35–36.2 EPA explained of its objections regarding the rebound its rationale for selecting VMT rebound POP Diesel also maintains that EPA effect during the rulemaking. Indeed, values for these three categories of should account for the energy and GHG POP Diesel properly acknowledges that vehicles in both the proposed and final emissions impact associated with the its objections are ‘‘belate[d]’’. February rules. In short, the values for vocational so-called ‘‘indirect’’ rebound effects Petition p. 4. vehicles and combination tractors fall (distinct from the ‘‘direct’’ rebound A second reason that POP Diesel’s within the range of estimates presented effect). These effects could arise from objections do not require EPA to in two available analyses of the HD the decline in fuel costs as a result of reconsider the rule is that the rebound effect.3 See 76 FR 57326–330. the rule, which could make goods and declaration of Dr. Saunders is dated For medium-duty pickups and vans, services transported by the U.S. trucking February 12, 2012, outside of the period EPA applied the light-duty VMT industry less expensive. In turn, less specified for judicial review—i.e. rebound effect estimate from the final expensive goods and services could November 11, 2011. Even if POP rule establishing GHG standards for result in increased consumption of Diesel’s objections could not have been MYs 2012–2016 light-duty vehicles. Id. goods and service in the overall raised during the public comment at 57329. EPA reasonably did so since economy. Producing extra goods and period (which is not the case), the there were no estimates of the direct services requires that more energy be grounds for objection did not arise rebound effect for medium-duty pickup used. This extra energy use can be ‘‘during the time specified for judicial trucks and vans (class 2b and 3) cited in thought of as ‘‘embodied’’ in the extra review’’, as required by section the literature, and these classes of goods and services. Hence the term for 307(d)(7)(B). vehicles are used for purposes more this type of indirect rebound effect is POP Diesel also reiterates a number of similar to large light-duty vehicles than the ‘‘embodied energy’’ rebound effect. arguments it already presented to EPA the other heavy-duty vehicle categories. The increased energy use from this type in its comments to the proposed rule. These values are based on the best of indirect rebound effect could result in Specifically, the petition maintains that available data and econometric increased greenhouse gas emissions. EPA should have evaluated all emission methods 4 and reflect many of the Saunders Affidavit para. 46 Appendix control technologies on a lifecycle basis components of the VMT rebound effect A. A further indirect rebound effect (‘‘[i]n considering only tailpipe that POP Diesel alleges (mistakenly) that unaccounted for, according to the emissions, rather than the full lifecycle EPA ignored (e.g., shifts of freight petition, is the ‘‘frontier’’ rebound effect GHG emissions of a technology and fuel shipments from other transportation whereby energy efficiency gains enable that would result from a wells-to-wheels modes to trucking). At proposal, we creation of completely new products analysis, the Regulations arbitrarily explicitly requested, but did not receive, which are themselves energy intensive. favor and disfavor some alternatives comment on all of the rebound Id. para. 26.5 POP Diesel maintains that over others’’, February amended estimates and assumptions in our these assorted indirect effects are of petition p. 7). EPA addressed these such magnitude as to create a ‘‘backfire’’ issues during the rulemaking. See 75 FR 2 Dr. Saunders cites Knittel, Automobiles on condition, negating all of the emission at 74198, 255–56 (proposal); 76 FR at Steroids, for the proposition that ‘‘in the personal benefits of the rule. 57246–47 (final rule) and Response to transportation sector of the United States, a rebound effect of 75% between 1980 and 2006 existing EPA is not aware of any data to Comment Document at 16–157. EPA’s because most of the technical engine efficiency indicate that the magnitude of indirect proposal likewise addressed the issues gains were offset by consumers choosing to take rebound effects, if any, would be of whether compliance with the improvements in engine efficiency in the form of significant for this rule. Research on increased vehicle weight and substantial increases standards should be measured on a in average horsepower.’’ Saunders Affidavit para. indirect rebound effects is nascent. The tailpipe or lifecycle basis, and what if 14. The Knittel study does not attribute any fleet magnitude of effects from our rule any incentives were appropriate for shifts to a rebound effect, and also discusses the postulated in the Saunders affidavit has advanced technologies and alternative light-duty vehicle sector exclusively. The study 6 therefore has no apparent relevance to the heavy- no support in the literature, reflects no fuel vehicles. See 75 FR at 74198, 255– duty GHG rulemaking, or to a discussion of rebound 56. Consequently, these are not issues effects. 5 The Saunders declaration does not provide any which EPA is compelled to reconsider 3 The first analysis, from Cambridge Systematics, examples of potential ‘‘frontier’’ rebound effects under section 307(d)(7)(B), since these Inc., was commissioned by the National Academy from the heavy-duty GHG rule, besides ‘‘the rise of of Sciences and uses a range of freight elasticities internet shopping’’ that allows people to buy objections could have been and were in the literature combined with technology cost and products from distant locations instead of raised during the public comment fuel saving scenarios to estimate the potential purchasing products locally. Increased internet period on the proposed rule. EPA also magnitude of the HD rebound effect. See 76 FR shopping is a well established market trend, so we rejects the substance of the arguments 74328. The second analysis, conducted by NHTSA, do not see how it could be reasonably attributed to the modest increase in truck fuel efficiency that our 1 is an econometric analysis that estimates short-run raised in the petitions. and long-run elasticities of annual VMT with standards will bring about. Furthermore, there are A. Direct Rebound Effect respect to fuel cost per mile driven using data on many factors that have contributed to increased national and state VMT and a variety of other internet shopping, most notably the widespread use POP Diesel first maintains that EPA variables such as GDP, the volume of imports and of computers and advances in internet applications, underestimated the extent of the direct exports, and factors affecting the price of trucking which took place and would likely continue to take services (e.g., driver wages). Id. at 57329. place in the absence of any improvements in truck rebound effect, and that assigning 4 The ‘‘Saunders study’’ discussed in the efficiency. Saunders affidavit (Saunders Affidavit para. 31–36) 6 Dr. Saunders cited only one published study 1 EPA may permissibly respond to a request for was not presented to EPA during the public quantifying indirect rebound effects (Druckman et reconsideration without triggering additional notice comment period, it reflects no expert peer review al., 2011). Saunders affidavit para. 16. Although this and comment opportunities for a petitioner or other and, as Dr. Saunders acknowledges, examines the UK-based study could offer insights into how to entities. Coalition for Responsible Regulation v. entire transportation sector rather than the medium- estimate indirect rebound effects in some contexts, EPA, No. 09–1322 (D.C. Cir. June 26, 2012) slip op. and heavy-duty vehicle sector covered under EPA’s the method may not be appropriate here for many p. 39. rule. Continued

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expert peer review, and in the end is does not accept this speculative EPA has not established greenhouse gas speculative. It appears highly assessment. emission standards for heavy-duty vehicles premised on use of their improbable that all of the GHG C. Fuel-Based Rule Rather Than a technology and its fuel. Under such a emissions benefits of this rule would be Vehicle-Based Rule negated by putative indirect rebound standard, the GHG level of a vehicle effects. As discussed in the proposed POP Diesel requests EPA to re- using POP Diesel would be tailpipe evaluate the weight given to various and final rules, all of the fuel costs emissions adjusted by a factor reflecting alternative technologies and fuels savings will not necessarily be passed the claimed reduction in lifecycle GHG according to a lifecycle approach, and to through to the consumer in terms of emissions to produce the POP Diesel decouple fuel efficiency policy from fuel. See, e.g., November 14, 2011 cheaper goods and services. First, there GHG emissions policy. February 12 may be market barriers that impede Petition for Reconsideration pp. 1–2 (‘‘If Petition p. 2. In setting emissions the Regulations did consider this trucking companies from passing along standards for heavy-duty vehicles, EPA technology, they could mandate much the fuel cost savings from the rule in the reasonably chose to consider the impact steeper reductions in greenhouse gas form of lower rates; see 75 FR at 74320 on GHG emissions of the fuels used by * * * emissions by requiring every and 76 FR at 57329–30. Second, there the different types of vehicles by engine and vehicle manufacturer of are upfront vehicle costs (and measuring the tailpipe emissions of medium- and heavy-duty engines and potentially transaction or transition vehicles, including alternative fuel vehicles to comply with a corporate costs associated with the adoption of vehicles (which normally emit less GHG average for such emissions’’). new technologies) that would partially emissions than gasoline or diesel- The heavy-duty vehicle and engine offset some of the fuel cost savings from powered vehicles).7 In a separate GHG standards are fuel neutral in that our rule, thereby limiting the magnitude program, the Congressionally mandated they do not themselves require or of the impact on prices of final goods Renewable Fuels Standard (RFS) assume that a vehicle or engine will be and services. Furthermore, there are program, there are strong incentives for operated on a particular type of fuel. If additional benefits to consumers use of renewable diesel fuels and other POP Diesel’s technology helps associated with increased consumption renewable fuels. See 76 FR at 57124. manufacturers reduce tailpipe GHG of goods and services, which would be This program is specifically designed to emissions, then it will have the same mandate increasing volumes of important to consider if we were opportunities as any other technology renewable fuel use in transportation assessing the overall costs and benefits that manufacturers will use to meet the fuels, including renewable fuel used in standards. Moreover, POP Diesel has not associated with potential indirect heavy-duty diesel vehicles. The rebound effects from our rule. EPA thus correctly characterized the agencies’ definition of renewable fuel includes consideration of the interaction between thresholds for reductions in lifecycle reasons. First, the U.S. economy and consumer the RFS program and the heavy-duty greenhouse gas emissions, compared to GHG standards. As explained in the behavior is likely to differ from other countries (e.g., petroleum fuel. For example, specified Americans have different product and service final rule, the tailpipe performance preferences and our products and services have volumes of biomass-based diesel fuel measurement of alternative fuels different levels of embedded energy). Similar data must be used in the diesel provides sufficient incentives for their and models may not exist to replicate the UK study transportation sector, and biomass- in a U.S.-context. Second, the study is designed to use. While the agencies noted that based diesel is defined in part as a incentives in the RFS pointed to a lack examine behavioral strategies (e.g., lowering diesel fuel that achieves a 50 percent thermostats, reducing food waste, and biking of a need for further incentives, the instead of using a car) rather than improving reduction in lifecycle greenhouse rule’s treatment of alternative fuels was technology. Among other things, the study does not emissions compared to baseline not premised on each alternative fuel consider capital expenditures associated with petroleum diesel fuel. POP Diesel points being covered by the RFS Standard.8 energy savings that could dampen any increase in out that its product is not presently consumption of additional goods and services (e.g., Indeed, other alternative fuels are eligible to receive Renewable our rule increases the cost of new vehicles, which similarly not covered by the RFS Identification Number (RIN) credits offsets the fuel cost savings that trucking firms may standard, such as liquefied natural gas, pass along to shippers, which in turn, would under that program, but this is an issue compressed natural gas, propane, dampen any decrease in product prices that which is properly considered under the hydrogen and electricity. shippers pass along to consumers). Third, the study RFS program, which contains the does not consider the potential for economic Only where the vehicle or engine mechanisms for determining whether a restructuring in response to decreased energy technology inherently demands a consumption (i.e., it does not consider ‘‘general diesel fuel qualifies as a renewable fuel. certain type of fuel do the standards equilibrium’’ effects), which could lead to either EPA also does not accept the major account for that fuel use, by specifying lower or higher energy consumption as a result of premise of POP Diesel’s reconsideration our rule. Fourth, the authors recognize that there is the calculation procedure used to petition and rulemaking comments. The a major limitation of the study: they have only a determine tailpipe emissions. This is company argues that it is arbitrary that very small number of expenditure categories in the case with electric vehicles (EV), their model and there is considerable disparity in GHG intensities of commodities within each 7 POP Diesel’s statement that the rules arbitrarily plug-in hybrid electric vehicles (PHEV), category (p. 3578). Fifth, the study does not directly assign zero emissions and zero fuel consumption to and hydrogen fuel cell vehicles, where explore the market mechanism through which our electric vehicles (February revised petition, p. 6) is the technology itself necessitates use of rule could influence the amount of goods and also misplaced. In fact, compliance with the electricity rather than petroleum-based services consumed since it focuses on energy standards is measured identically for all medium- 9 efficiency improvements that more directly increase and heavy-duty vehicles and engines: at the fuels. Unlike EVs, PHEVs, or FCVs, consumers’ disposable income rather than the more tailpipe. See 76 FR at 57247. Electric vehicles have complex and indirect pathway where greater truck zero GHG emissions measured at the tailpipe. POP 8 See 76 FR 57124. fuel efficiency may result in lower-priced goods and Diesel states further that the standards are arbitrary 9 Even so, the standards for medium- and heavy- services. Finally, the authors do not attempt to in the GHG-reducing weight given to some duty EVs and PHEVs measure performance based quantify the additional benefits to consumers alternative technologies and fuels. POP Diesel’s on tailpipe emissions exclusively. See 76 FR at associated with increased consumption of goods complaint (February amended petition p. 6) that the 57247. The MYs 2012–2016 standards for light-duty and services, which would be important to consider rule provides incentives for use of certain advanced EVs and PHEVs do account for greenhouse gas if we were assessing the overall costs and benefits technologies such as hybrid electrification and emissions attributable to upstream electricity associated with potential indirect rebound effects hydrogen fuel cells questions legitimate policy generation after a designated number of EVs and from our rule. choices unrelated to the issue of fuel use. PHEVs are sold, but this upstream factor does not

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there is nothing inherent in a diesel industry, government, and taxpayers by ACTION: Withdrawal of direct final rule. engine that compels use of the POP increasing regulatory efficiency and Diesel product. Therefore, a standard reducing compliance burdens. SUMMARY: FMCSA withdraws its June premised on that product’s use would 27, 2012, direct final rule eliminating D. Fleet-Wide Average Standards presuppose or require a market outcome the quarterly financial reporting which need not occur and would be Finally, the petition maintains that requirements for certain for-hire motor infeasible and arbitrary. EPA should impose corporate fleet carriers of property (Form QFR) and for- Even if EPA were to assume that POP averages for GHG emissions, asserting hire motor carriers of passengers (Form Diesel’s claim of lifecycle emissions that EPA did so only for medium-duty MP–1). After reviewing the adverse reductions are valid, and considered engines and vehicles. Id. p. 23. In fact, comment received from SJ Consulting setting a vehicle emissions standard that the standards are effectively corporate Group in response to the direct final assumed or required use of the POP averages. See EPA, Heavy-Duty Diesel rule, the agency has determined that it Diesel technology and fuel, POP Diesel Greenhouse Gas Response to Comment would be inappropriate to allow the admits this would in fact lead to an Document at p. 16–149—explaining that direct final rule to take effect. The increase in the actual GHG emissions the rule allows averaging, banking, and FMCSA intends to publish a notice of from the vehicle. The only decrease in trading of credits within the same proposed rulemaking in the near future emissions would come from the claimed ‘‘averaging set’’, which means a proposing the elimination of the reduction in lifecycle GHG emissions manufacturer can comply through quarterly financial reporting that POP Diesel says would occur with averaging across (for example) all of its requirements for Form QFR and Form use of their fuel. That would amount to vocational vehicles under 19,501 MP–1. adopting a vehicle emissions standard pounds GVWR; or all of its Class 6 and DATES: The direct final rule published at to promote a vehicle technology that 7 vocational vehicles and tractors (that 77 FR 38211, June 27, 2012 is does not reduce but instead increases is, between all vehicles above 19,500 withdrawn, effective August 27, 2012. the GHG emissions of the vehicle. The pounds GVWR and less than 33,001 FOR FURTHER INFORMATION CONTACT: Ms. vehicle emissions standard would take pounds GVWR); or between all vehicles Vivian Oliver, Office of Research and that approach solely as a mechanism to with GVWR greater than 33,000 pounds; Information Technology, Federal Motor mandate the use of a certain diesel fuel, or within the engine averaging sets Carrier Safety Administration, 1200 based on emissions impacts associated (spark ignition engines, compression- New Jersey Ave. SE., Washington, DC with the fuel, not the vehicle. This ignition light heavy-duty engines, 20590; Telephone 202–366–2974; email would dramatically distort the purpose compression-ignition medium heavy- [email protected]. duty engines, and compression-ignition and structure of the vehicle emissions SUPPLEMENTARY INFORMATION: standard program, largely turning it into heavy heavy-duty engines). See sections a de facto fuel program. There is no 1036.740(a) and 1037.740(a). In any I. Public Participation and Comments case, this issue again was one which good reason to consider such a result A. Viewing Comments and Documents here, especially where there already is was presented at proposal and a separate fuel based program, the RFS addressed in the final rule. See 75 FR at To view comments, go to http:// program, that is directly aimed at 74250–54 (proposal) and 76 FR at www.regulations.gov/ achieving the result POP Diesel seeks— 57238–240 (final). Consequently, POP #!docketDetail;D=FMCSA-2012-0020. If a fuel program that achieves a reduction Diesel has again failed to show why its you do not have access to the Internet, in lifecycle GHG emissions associated objection can be raised outside the you may also view the docket online by with the diesel fuel used by motor period for public comment, and in any visiting the Docket Management Facility vehicles, through a mandate to use case is mistaken. CAA section in Room W12–140 on the ground floor certain renewable diesel fuels. 307(d)(7)(B). of the Department of Transportation A further reason this heavy-duty rule Accordingly, because POP Diesel has West Building, 1200 New Jersey Avenue does not regulate GHG emissions from not stated grounds requiring or SE., Washington, DC 20590, between 9 a lifecycle perspective, or include justifying reconsideration under section a.m. and 5 p.m. e.t., Monday through explicit consideration of plant-based 307(d)(7)(B) EPA is denying its petition. Friday, except Federal holidays. fuels like the one utilized by POP Dated: August 17, 2012. B. Privacy Act Diesel’s technology, is that it would no Lisa P. Jackson, Anyone can search the electronic longer be possible to establish Administrator. form of comments received into any of harmonized, performance-based tailpipe [FR Doc. 2012–21032 Filed 8–24–12; 8:45 am] our dockets by the name of the GHG emissions standards (EPA) and BILLING CODE 6560–50–P individual submitting the comment (or fuel efficiency standards (NHTSA). As signing the comment, if submitted on discussed throughout the final rule, behalf of an association, business, labor close coordination in this first heavy- DEPARTMENT OF TRANSPORTATION union, etc.). You may review a Privacy duty rule enabled EPA and NHTSA to Act notice regarding our public dockets promulgate complementary standards Federal Motor Carrier Safety in the January 17, 2008 issue of the that appropriately allow manufacturers Administration Federal Register (73 FR 3316). to build one set of vehicles to comply with both agencies’ regulations. See, 49 CFR Part 369 II. Background e.g., 76 FR at 57107–108. This [Docket No. FMCSA–2012–0020] On June 27, 2012, FMCSA published coordination was advocated by the a direct final rule proposing to eliminate President, id., widely supported by RIN–2126–AB48 the quarterly financial reporting stakeholders, and provides benefits for Rescission of Quarterly Financial requirements for certain for-hire motor carriers of property (Form QFR) and for- reflect a single means of generating electricity and Reporting Requirements so differs from POP Diesel’s desired outcome, hire motor carriers of passengers (Form which is fuel specific. See 75 FR 25326, 25436–37 AGENCY: Federal Motor Carrier Safety MP–1), if no adverse comments were (May 7, 2010). Administration (FMCSA), DOT. received by July 27, 2012. After

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reviewing the one set of adverse protection materials. The direct final comment, or a written notice of intent comments received from SJ Consulting rule harmonized the retention period to submit such an adverse comment, Group, the agency has determined that with other document retention was received by August 15, 2012, the it would be inappropriate to allow the requirements applicable to HHG motor Agency would provide notice direct final rule to take effect. carriers. FMCSA also amended the confirming the effective date. Because SJ Consulting Group stated that it uses regulations to clarify that a HHG motor the Agency did not receive any the quarterly financial information to carrier is not required to retain waiver comments to the docket by August 15, advise motor carriers, shippers, and documentation from any individual 2012, the direct final rule will become persons interested in buying motor shippers for whom the carrier does not effective November 13, 2012. carriers. It argued that the quarterly actually provide services. The Agency Issued on: August 20, 2012. reports provide useful insight into the did not receive any comments in Larry W. Minor, U.S. trucking industry, such as response to the direct final rule and Associate Administrator for Policy. operating statistics that are not available confirms the November 13, 2012, from other public sources, particularly effective date of the rule. [FR Doc. 2012–21031 Filed 8–24–12; 8:45 am] BILLING CODE 4910–EX–P for private carriers. Although SJ DATES: The effective date for the direct Consulting conceded that says some final rule published in the Federal data on general demand and pricing Register on July 16, 2012 (77 FR 41699), DEPARTMENT OF TRANSPORTATION trends are available from other sources, is confirmed as November 13, 2012. it argued that quarterly data on the ADDRESSES: The docket for this Federal Motor Carrier Safety profitability of carriers are essential in rulemaking (FMCSA–2011–0313) is Administration providing safe and timely service to available for inspection at http://www. shippers, estimating future growth rates, regulations.gov/ 49 CFR Parts 383 and 390 and assessing opportunities for #!docketDetail;D=FMCSA-2011-0313. If [Docket No. FMCSA–2012–0156] profitable investment in the trucking you do not have access to the Internet, industry. SJ Consulting has used Form you may also view the docket by RIN 2126–AB53 QFR reports for these purposes for many visiting the Docket Management Facility years. in Room W12–140 on the ground floor Gross Combination Weight Rating FMCSA Response: SJ Consulting of the Department of Transportation (GCWR); Definition submitted an adverse comment with an West Building, 1200 New Jersey Avenue AGENCY: Federal Motor Carrier Safety explanation of why it disagrees with the SE., Washington, DC 20590, between 9 Administration (FMCSA), DOT. direct final rule. For this reason, a.m. and 5 p.m. e.t., Monday through ACTION: Direct final rule; request for FMCSA withdraws the direct final rule Friday, except Federal holidays. comments. of June 27, 2012, based on the adverse FOR FURTHER INFORMATION CONTACT: Mr. comments of SJ Consulting Group. Brodie Mack, FMCSA, Household SUMMARY: The Federal Motor Carrier Issued on: August 15, 2012. Goods Team Leader, Commercial Safety Administration (FMCSA) amends Larry W. Minor, Enforcement and Investigations Division the definition of ‘‘gross combination Associate Administrator for Policy. at (202) 385–2400 or by email at brodie. weight rating’’ (GCWR) in our regulations. The definition currently [FR Doc. 2012–21021 Filed 8–24–12; 8:45 am] [email protected]. prescribes how the GCWR is calculated BILLING CODE 4910–EX–P SUPPLEMENTARY INFORMATION: On July 16, 2012, FMCSA published a direct if the vehicle manufacturer does not final rule amending its regulations at 49 include the information on the vehicle DEPARTMENT OF TRANSPORTATION CFR part 375. The rule reduced the certification label required by the retention period in 49 CFR 375.213(e)(3) National Highway Traffic Safety Federal Motor Carrier Safety from three years to one year for signed Administration (NHTSA). The Agency Administration receipts documenting an individual has determined the definition should shipper’s waiver of physical receipt of not include what is essentially guidance 49 CFR Part 375 the consumer protection publications that is difficult for the motor carrier and enforcement communities to use. [Docket No. FMCSA–2011–0313] ‘‘Your Rights and Responsibilities When You Move,’’ and ‘‘Ready to Move?— Therefore, FMCSA amends this RIN 2126–AB41 Tips for a Successful Interstate Move.’’ definition to state that the GCWR is the The change harmonized this value specified by the commercial Transportation of Household Goods in requirement with other requirements in motor vehicle manufacturer. Interstate Commerce; Consumer part 375 that require HHG motor carriers DATES: This rule is effective October 26, Protection Regulations: Household to retain shipping documents for only 2012, unless an adverse comment or Goods Motor Carrier Record Retention one year. The rule also clarified a HHG notice of intent to submit an adverse Requirements motor carrier that obtains a signed comment, is either submitted to our AGENCY: Federal Motor Carrier Safety waiver from a shipper is required to online docket via http:// Administration (FMCSA), DOT. comply with the retention requirements www.regulations.gov on or before September 26, 2012 or reaches the ACTION: Direct final rule; confirmation of in § 375.213(e)(3) only if the carrier Docket Management Facility by that effective date. actually provides moving services to the shipper. date. If an adverse comment or notice of SUMMARY: FMCSA confirms the effective FMCSA used the Agency’s direct final intent to submit an adverse comment is date for its July 16, 2012, direct final rule procedures (75 FR 29915, May 28, received by September 26, 2012, we will rule concerning the period during 2010) because it was a routine and withdraw this direct final rule and which household goods (HHG) motor noncontroversial amendment, and the publish a timely notice of withdrawal in carriers must retain documentation of Agency did not expect any adverse the Federal Register. an individual shipper’s waiver of comments. The direct final rule advised ADDRESSES: You may submit comments receipt of printed copies of consumer the public that unless a written adverse identified by docket number FMCSA–

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2012–0156 using any one of the may submit your comment and material GCWR Gross combination weight following methods: online, or by fax, mail or hand delivery, rating (1) Federal eRulemaking Portal: but please use only one of these means. NHTSA National Highway Traffic http://www.regulations.gov. We recommend that you include your Safety Administration (2) Fax: (202) 493–2251. name and a mailing address, an email (3) Mail: Docket Management Facility address, or a phone number in the body III. Regulatory Information (M–30), U.S. Department of of your document so that we can contact Transportation, West Building Ground you if we have questions regarding your FMCSA publishes this amendment to Floor, Room W12–140, 1200 New Jersey submission. As a reminder, FMCSA will parts 383 and 390 under the direct final Avenue SE., Washington, DC 20590– only consider adverse comments as rule procedures in 49 CFR 389.11 and 0001. defined in 49 CFR 389.39(b) and 389.39 because we believe the rule is a (4) Hand delivery: Same as mail explained below. routine, non-controversial amendment to the definition of ‘‘gross combination address above, between 9 a.m. and 5 To submit your comment online, go to weight rating’’ (GCWR) in both 49 CFR p.m., Monday through Friday, except http://www.regulations.gov, click on the 383.5 and 390.5. The rule would Federal holidays. The telephone number ‘‘submit a comment’’ box, which will provide consistency between FMCSA’s is 202–366–9329. then become highlighted in blue. In the definition of GCWR and the definition To avoid duplication, please use only ‘‘Document Type’’ drop down menu of that term used by NHTSA under 49 one of these four methods. See the select ‘‘Proposed Rule’’ and insert CFR 571.3. FMCSA does not expect ‘‘Public Participation and Request for ‘‘FMCSA–2012–0156’’ in the adverse comments. If no adverse Comments’’ portion of the ‘‘Keyword’’ box. Click ‘‘Search’’ then comments or notices of intent to submit SUPPLEMENTARY INFORMATION section click on the balloon shape in the an adverse comment are received by below for instructions on submitting ‘‘Actions’’ column. If you submit your September 26, 2012, this rule will comments. comment by mail or hand delivery, become effective as stated in the DATES FOR FURTHER INFORMATION CONTACT: Tom submit it in an unbound format, no section. In that case, approximately 30 Kelly, Office of Enforcement and larger than 81⁄2 by 11 inches, suitable for days before the effective date, FMCSA Program Delivery, Federal Motor Carrier copying and electronic filing. If you will publish a document in the Federal Safety Administration, 1200 New Jersey submit it by mail and would like to Register stating that no adverse Avenue SE., Washington, DC 20590– know that it reached the Facility, please comments were received and 0001, by telephone at (202) 366–1812 or enclose a stamped, self-addressed confirming that this rule will become via email at [email protected]. postcard or envelope. FMCSA will effective as scheduled. However, if the Office hours are from 9 a.m. to 5 p.m. consider all comments and material Agency receives any adverse comments ET, Monday through Friday, except received during the comment period. or notices of intent to submit an adverse Federal holidays. If you have questions comment, FMCSA will publish a on viewing or submitting material to the B. Viewing Comments and Documents document in the Federal Register docket, contact Renee V. Wright, To view comments, go to http:// announcing the withdrawal of all or part Program Manager, Docket Operations, www.regulations.gov, click on the ‘‘read of this direct final rule. If an adverse telephone (202) 366–9826. comments’’ box, which will then comment applies only to part of this become highlighted in blue. In the SUPPLEMENTARY INFORMATION: rule and it is possible to remove that ‘‘Keyword’’ box insert ‘‘FMCSA–2012– I. Public Participation and Request for part without defeating the purpose of 0156’’ and click ‘‘Search.’’ Click the Comments this rule, the Agency may adopt, as ‘‘Open Docket Folder’’ in the ‘‘Actions’’ A. Submitting Comments final, that part of this rule on which no column. If you do not have access to the B. Viewing Comments and Documents adverse comments were received. C. Privacy Act Internet, you may also view the docket FMCSA will withdraw the part of this II. Abbreviations online by visiting the Docket rule that was the subject of an adverse III. Regulatory Information Management Facility in Room W12–140 comment. If the Agency decides to IV. Background on the ground floor of the Department proceed with a rulemaking following V. Discussion of the Rule of Transportation West Building, 1200 VI. Regulatory Analyses receipt of any adverse comments, New Jersey Avenue SE., Washington, VII. The Final Rule FMCSA will publish a separate notice of DC 20590, between 9 a.m. and 5 p.m., proposed rulemaking and provide a new I. Public Participation and Request for Monday through Friday, except Federal opportunity for comment. Comments holidays. A comment is considered ‘‘adverse’’ if We encourage you to participate in C. Privacy Act the comment explains why this rule or this rulemaking by submitting a part of this rule would be comments and related materials. All Anyone can search the electronic inappropriate, including a challenge to comments received will be posted, form of comments received into any of its underlying premise or approach, or without change, to http:// our dockets by the name of the would be ineffective or unacceptable www.regulations.gov and will include individual submitting the comment (or without a change. any personal information you have signing the comment, if submitted on provided. behalf of an association, business, labor IV. Background union, etc.). You may review a Privacy A. Submitting Comments Act notice regarding our public dockets Currently, the definitions in 49 CFR If you submit a comment, please in the January 17, 2008, issue of the 383.5 and 390.5 both say: include the docket number for this Federal Register (73 FR 3316). Gross combination weight rating (GCWR) rulemaking (FMCSA–2012–0156), II. Abbreviations means the value specified by the indicate the specific section of this manufacturer as the loaded weight of a document to which each comment FMCSA Federal Motor Carrier Safety combination (articulated) vehicle. In the applies, and provide a reason for each Administration absence of a value specified by the suggestion or recommendation. You FR Federal Register manufacturer, GCWR will be determined by

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adding the GVWR 1 of the power unit and the therein. The cost, if any, would be borne defined by the Unfunded Mandates total weight of the towed unit and any load by motor carriers that had previously Reform Act of 1995 (2 U.S.C. 1532 et thereon. determined by reference to the seq.), that will result in the expenditure The first sentence of the definition is inconsistent wording that their by State, local, and tribal governments, entirely correct; this is the definition operations were not subject to certain in the aggregate, or by the private sector, used by other authorities. The second safety regulations and that would now of $143.1 million (which is the value of sentence, however, presents an be required to achieve compliance with $100 million in 2010 after adjusting for alternative definition that is not used to the applicable rules. The Agency inflation) or more in any 1 year. determine GCWR by either vehicle believes this population to be negligible, manufacturers or the National Highway and that the costs of the rule would not E.O. 13132 (Federalism) Traffic Safety Administration (NHTSA) begin to approach the $100 million A rule has Federalism implications if (see 49 CFR 571.3) (‘‘Gross combination annual threshold for economic the rule has a substantial direct effect on weight rating or GCWR means the value significance. This rule therefore has not State or local governments and would specified by the manufacturer as the been formally reviewed by the Office of either preempt State law or impose a loaded weight of a combination Management and Budget (OMB). substantial direct cost of compliance on vehicle.’’) As FMCSA and its State the States. FMCSA has analyzed this Regulatory Flexibility Act partners increase their monitoring of rule under E.O. 13132 and determined drivers and carriers through roadside Pursuant to the Regulatory Flexibility that it does not have Federalism inspections, investigations and the Act of 1980 (5 U.S.C. 601 et seq.), as implications. Agency’s Safety Measurement System amended by the Small Business and other tools, questions from industry Regulatory Enforcement Fairness Act of E.O. 12988 (Civil Justice Reform) and the enforcement community about 1996 (Pub. L. 104–121, 110 Stat. 857), This final rule meets applicable the inconsistency between FMCSA’s FMCSA is not required to prepare a standards in sections 3(a) and 3(b)(2) of GCWR definition in 49 CFR 383.5 and final regulatory flexibility analysis E.O. 12988, Civil Justice Reform, to 390.5 and NHTSA’s definition in 49 under 5 U.S.C. 604(a) for this final rule minimize litigation, eliminate CFR 571.3 make it clear that the FMCSA because the agency has not issued a ambiguity, and reduce burden. definition must be changed. notice of proposed rulemaking prior to E.O. 13045 (Protection of Children) V. Discussion of the Rule this action. FMCSA analyzed this action under FMCSA is using a direct final rule to Assistance for Small Entities E.O. 13045, Protection of Children from promulgate this correction to the GCWR In accordance with section 213(a) of Environmental Health Risks and Safety definition in 49 CFR 383.5 and 390.5 the Small Business Regulatory Risks. The Agency determined that this because the Agency does not believe the Enforcement Fairness Act of 1996, rule will not create an environmental change would have a net impact of the FMCSA wants to assist small entities in risk to health or safety that may number of drivers or carriers subject to understanding this direct final rule so disproportionately affect children. the FMCSRs, or the applicability of the that they can better evaluate its effects requirements therein. Furthermore, we on themselves and participate in the E.O. 12630 (Taking of Private Property) do not anticipate the submission of rulemaking initiative. If the direct final FMCSA reviewed this final rule in adverse comments. By removing the rule would affect your small business, accordance with E.O. 12630, second sentence in the definition in organization, or governmental Governmental Actions and Interference both sections, the rule simply conforms jurisdiction and you have questions with Constitutionally Protected Property the Agency’s GCWR definition to the concerning its provisions or options for Rights, and has determined it will not one used by NHTSA. compliance; please consult the FMCSA effect a taking of private property or VI. Regulatory Analyses point of contact, Tom Kelly, listed in the otherwise have taking implications. FOR FURTHER INFORMATION CONTACT E.O. 12866 (Regulatory Planning and Privacy Impact Assessment section of this proposed rule. Review and DOT Regulatory Policies Small businesses may send comments Section 522 of title I of division H of and Procedures as Supplemented by on the actions of Federal employees the Consolidated Appropriations Act, E.O. 13563) who enforce or otherwise determine 2005, enacted December 8, 2004 (Pub. L. FMCSA has determined that this compliance with Federal regulations to 108–447, 118 Stat. 2809, 3268, 5 U.S.C. proposed rule is not a significant the Small Business Administration’s 552a note), requires the Agency to regulatory action within the meaning of Small Business and Agriculture conduct a privacy impact assessment Executive Order (E.O.) 12866, as Regulatory Enforcement Ombudsman (PIA) of a regulation that will affect the supplemented by E.O. 13563 (76 FR and the Regional Small Business privacy of individuals. This rule does 3821, January 21, 2011), and not Regulatory Fairness Boards. The not require the collection of any significant within the meaning of the Ombudsman evaluates these actions personally identifiable information. Department of Transportation’s annually and rates each agency’s The Privacy Act (5 U.S.C. 552a) regulatory policies and procedures responsiveness to small business. If you applies only to Federal agencies and any because the direct final rule is not wish to comment on actions by non-Federal agency which receives expected to generate substantial employees of FMCSA, call 1–888–REG– records contained in a system of records congressional or public interest. The FAIR (1–888–734–3247). DOT has a from a Federal agency for use in a rulemaking is unlikely to impose costs policy regarding the rights of small matching program. FMCSA has on the industry because the change to entities to regulatory enforcement determined this rule will not result in the GCWR definition would not have a fairness and an explicit policy against a new or revised Privacy Act System of net impact of the number of drivers or retaliation for exercising these rights. Records for FMCSA. carriers subject to the FMCSRs, or the applicability of the requirements Unfunded Mandates Reform Act of 1995 E.O. 12372 (Intergovernmental Review) This proposed rule would not impose The regulations implementing E.O. 1 GVWR stands for gross vehicle weight rating. an unfunded Federal mandate, as 12372 regarding intergovernmental

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consultation on Federal programs and E.O. 13175 (Indian Tribal Governments) § 383.5 Definitions. activities do not apply to this program. This rule does not have tribal * * * * * Gross combination weight rating Paperwork Reduction Act implications under Executive Order 13175, Consultation and Coordination (GCWR) means the value specified by Under the Paperwork Reduction Act with Indian Tribal Governments, the manufacturer as the loaded weight of 1995 (PRA) (44 U.S.C. 3501 et seq.), because it does not have a substantial of a combination motor vehicle. Federal agencies must obtain approval direct effect on one or more Indian * * * * * from OMB for each collection of tribes, on the relationship between the information they conduct, sponsor, or Federal Government and Indian tribes, PART 390—FEDERAL MOTOR require through regulations. There is no or on the distribution of power and CARRIER SAFETY REGULATIONS; new information collection requirement responsibilities between the Federal GENERAL associated with this final rule. Government and Indian tribes. ■ 3. The authority citation for part 390 National Environmental Policy Act and Technical Standards continues to read as follows: Clean Air Act The National Technology Transfer Authority: 49 U.S.C. 504, 508, 31132, and Advancement Act (NTTAA) (15 31133, 31136, 31144, 31151, and 31502; sec. FMCSA analyzed this rule in U.S.C. 272 note) directs agencies to use 114, Pub. L. 103–311, 108 Stat. 1673, 1677– accordance with the National voluntary consensus standards in their 1678; secs. 212, 217, and 229, Pub. L. 106– Environmental Policy Act of 1969 regulatory activities unless the agency 159, 113 Stat. 1748, 1766, 1767; sec. 229, (NEPA) (42 U.S.C. 4321 et seq.) and provides Congress, through OMB, with Pub. L. 106–159 (as transferred by sec. 4115 determined under our environmental an explanation of why using these and amended by secs. 4130–4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743–1744), procedures Order 5610.1 (69 FR 9680, standards would be inconsistent with March 1, 2004) that this action does not sec. 4136, Pub. L. 109–59, 119 Stat. 1144, applicable law or otherwise impractical. 1745; and 49 CFR 1.73. have any effect on the quality of the Voluntary consensus standards (e.g., ■ 4. Amend § 390.5 by revising the environment. Therefore, this final rule specifications of materials, performance, definition of ‘‘gross combination weight is categorically excluded (CE) from design, or operation; test methods; rating’’ to read as follows: further analysis and documentation in sampling procedures; and related an environmental assessment or management systems practices) are § 390.5 Definitions. environmental impact statement under standards that are developed or adopted * * * * * FMCSA Order 5610.1, paragraph 6(b) of by voluntary consensus standards Appendix 2. The CE under paragraph Gross combination weight rating bodies. (GCWR) means the value specified by 6(b) addresses rulemakings that make This rule does not use technical editorial or other minor amendments to the manufacturer as the loaded weight standards. Therefore, FMCSA did not of a combination motor vehicle. existing FMCSA regulations. A consider the use of voluntary consensus * * * * * Categorical Exclusion Determination is standards. available for inspection or copying in Issued on: August 16, 2012. List of Subjects the Regulations.gov Web site listed Anne S. Ferro, under ADDRESSES. 49 CFR Part 383 Administrator. FMCSA also analyzed this rule under Administrative practice and [FR Doc. 2012–21017 Filed 8–24–12; 8:45 am] the Clean Air Act, as amended (CAA), procedure, Alcohol abuse, Drug abuse, BILLING CODE 4910–EX–P section 176(c) (42 U.S.C. 7401 et seq.), Highway Safety, Incorporation by and implementing regulations reference, Motor carriers. promulgated by the Environmental DEPARTMENT OF COMMERCE Protection Agency. Approval of this 49 CFR Part 390 action is exempt from the CAA’s general Highway safety, Intermodal National Oceanic and Atmospheric conformity requirement since it does transportation, Motor carriers, Motor Administration not affect direct or indirect emissions of vehicle safety, Reporting and criteria pollutants. recordkeeping requirements. 50 CFR Part 300 E.O. 13211 (Energy Supply, Distribution, VII. The Final Rule [Docket No. 120418015–2015–01] or Use) For the reasons stated above, FMCSA RIN 0648–BC14 FMCSA has analyzed this rule under amends 49 CFR parts 383 and 390 in International Fisheries; Western and E.O. 13211, Actions Concerning title 49, Code of Federal Regulations, Central Pacific Fisheries for Highly Regulations That Significantly Affect chapter III, subchapter B, as follows: Migratory Species; Bigeye Tuna Catch Energy Supply, Distribution, or Use. PART 383—COMMERCIAL DRIVER’S Limit in Longline Fisheries for 2012 FMCSA has determined that it is not a LICENSE STANDARDS; ‘‘significant energy action’’ under that REQUIREMENTS AND PENALTIES AGENCY: National Marine Fisheries order because it is not a ‘‘significant Service (NMFS), National Oceanic and regulatory action’’ under E.O. 12866 and ■ 1. The authority citation for part 383 Atmospheric Administration (NOAA), is not likely to have a significant continues to read as follows: Commerce. adverse effect on the supply, Authority: 49 U.S.C. 521, 31136, 31301 et ACTION: Interim final rule; request for distribution, or use of energy. The seq., and 31502; secs. 214 and 215, Pub. L. comments. Administrator of the Office of 106–159, 113 Stat. 1748, 1766, 1767; sec. Information and Regulatory Affairs has 4140, Pub. L. 109–59, 119 Stat. 1144, 1746; SUMMARY: This interim final rule not designated it as a significant energy and 49 CFR 1.73. establishes a catch limit of 3,763 metric action. Therefore, it does not require a ■ 2. Amend § 383.5 by revising the tons (mt) of bigeye tuna (Thunnus Statement of Energy Effects under E.O. definition of ‘‘gross combination weight obesus) for vessels in the U.S. pelagic 13211. rating’’ to read as follows: longline fisheries in the western and

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central Pacific Ocean (WCPO) for Copies of the RIR and the 2012 that the Secretary of Commerce shall calendar year 2012. The limit does not supplemental EA prepared under the ensure consistency, to the extent apply to vessels in the longline fisheries authority of the National Environmental practicable, of fishery management of American Samoa, Guam, or the Policy Act (NEPA) are available at programs administered under the Commonwealth of the Northern Mariana http://www.regulations.gov or may be WCPFC Implementation Act and the Islands (CNMI). Once the limit of 3,763 obtained from Michael D. Tosatto, Magnuson-Stevens Fishery mt is reached in 2012, retaining, NMFS PIRO (see address above). The Conservation and Management Act, as transshipping, or landing bigeye tuna 2012 supplemental EA includes copies well as other specific laws (see 16 caught in the WCPO will be prohibited of the documents that it supplements— U.S.C. 6905(b)). The Secretary of for the remainder of 2012, with certain a 2009 EA and a 2009 supplemental EA. Commerce has delegated the authority exceptions. This action is necessary for FOR FURTHER INFORMATION CONTACT: Tom to promulgate regulations to NMFS. the United States to satisfy its Graham, NMFS PIRO, 808–944–2219. WCPFC Decisions Regarding Bigeye international obligations under the SUPPLEMENTARY INFORMATION: Tuna Catch Limits in Longline Fisheries Convention on the Conservation and Management of Highly Migratory Fish Background on the Convention The Convention calls for the WCPFC Stocks in the Western and Central to adopt measures designed to maintain Article 3 of the Convention specifies or restore stocks at levels capable of Pacific Ocean (Convention), to which it the area of application of the is a Contracting Party. producing maximum sustainable yield, Convention (the Convention Area), as qualified by relevant environmental DATES: Effective on September 26, 2012; which comprises the majority of the and economic factors. With respect to comments must be submitted in writing WCPO. A map showing the boundaries bigeye tuna, the WCPFC Scientific by September 26, 2012. of the Convention Area can be found on Committee found that the stock of ADDRESSES: Comments on this interim the WCPFC Web site at: http:// bigeye tuna in the WCPO is final rule, identified by NOAA–NMFS– www.wcpfc.int/doc/convention-area- experiencing a fishing mortality rate 2012–0145, and the supporting map. The objective of the Convention is greater than the rate associated with analytical documents may be sent to to ensure, through effective maximum sustainable yield. Therefore, either of the two addresses below. The management, the long-term at its Fifth Regular Session, in December supporting documents include the 2012 conservation and sustainable use of 2008, the WCPFC adopted Conservation supplemental environmental assessment highly migratory fish stocks in the and Management Measure (CMM) 2008– (EA) and the regulatory impact review WCPO. To accomplish this goal, the 01, ‘‘Conservation and Management (RIR) prepared for this interim rule. The Convention establishes the Commission Measure for Bigeye and Yellowfin Tuna 2012 supplemental EA supplements a for the Conservation and Management of in the Western and Central Pacific 2009 EA and a 2009 supplemental EA Highly Migratory Fish Stocks in the Ocean.’’ The CMM and other decisions and includes copies of those two Western and Central Pacific Ocean of the WCPFC can be found at http:// documents. (WCPFC). The current Members of the www.wcpfc.int/conservation-and- • Electronic Submission: Submit all WCPFC are Australia, Canada, China, management-measures. CMM 2008–01 electronic public comments via the Chinese Taipei (Taiwan), Cook Islands, has the stated objective of reducing, Federal e-Rulemaking portal, at http:// European Community, Federated States over the period 2009–2011, the fishing www.regulations.gov; or of Micronesia, Fiji, France, Japan, mortality rate for bigeye tuna in the • Mail: Mail written comments to Kiribati, Korea, Marshall Islands, Nauru, WCPO by at least 30 percent from a Michael D. Tosatto, Regional New Zealand, Niue, Palau, Papua New specified historical baseline. Among Administrator, NMFS Pacific Islands Guinea, Philippines, Samoa, Solomon other provisions, the CMM establishes Regional Office (PIRO), 1601 Kapiolani Islands, Tonga, Tuvalu, United States, specific catch limits for bigeye tuna Blvd., Suite 1110, Honolulu, HI 96814– and Vanuatu. Certain territories also captured in the longline fisheries of the 4700. participate in the WCPFC as WCPFC’s Members, Participating Instructions: Comments must be Participating Territories. The current Territories, and Cooperating Non- submitted to one of the two addresses Participating Territories are French members for the years 2009, 2010, and above to ensure that the comments are Polynesia, New Caledonia and Wallis 2011. The limits do not apply to received, documented, and considered and Futuna (affiliated with France); Participating Territories or small island by NMFS. Comments sent to any other Tokelau (affiliated with New Zealand); developing States undertaking address or individual, or received after and American Samoa, the CNMI and responsible development of their the end of the comment period, may not Guam (affiliated with the United States). domestic fisheries. be considered. All comments received As a Contracting Party to the The prescribed catch limits in CMM are part of the public record and Convention and a Member of the 2008–01 are based on specified generally will be posted on http:// WCPFC, the United States is obligated percentages of longline catches made www.regulations.gov without change. to implement the decisions of the during specified baseline periods. For All personal identifying information (for WCPFC. The WCPFC Implementation the United States, the baseline period is example, name and address) voluntarily Act (16 U.S.C. 6901 et seq.), authorizes 2004, with a corresponding catch of submitted by the commenter may be the Secretary of Commerce, in 4,181 metric tons (mt). Because the publicly accessible. Do not submit consultation with the Secretary of State baseline for the U.S. longline fishery is confidential business information or and the Secretary of the Department in less than 5,000 mt per year, and because otherwise sensitive or protected which the United States Coast Guard is the fishery lands exclusively fresh fish, information. NMFS will accept operating (currently the Department of the specified annual catch limit for the anonymous comments (enter ‘‘N/A’’ in Homeland Security), to promulgate such U.S. longline fishery is 90 percent of the the relevant required fields if you wish regulations as may be necessary to carry amount caught during the baseline to remain anonymous). Attachments to out the obligations of the United States period for each of the years 2009, 2010, electronic comments will be accepted in under the Convention, including the and 2011, or 3,763 mt. On December 7, Microsoft Word or Excel, WordPerfect, decisions of the WCPFC. The WCPFC 2009, NMFS issued a final rule to or Adobe PDF file formats only. Implementation Act further provides implement the longline bigeye tuna

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elements of CMM 2008–01 (74 FR mt. Under the CMM, Participating may properly be attributed to that 63999). The rule, which became Territories undertaking responsible territory. The regulations implementing effective December 12, 2009, established development of their domestic fisheries the bigeye tuna catch limits for 2009, the annual catch limit of 3,763 mt of are not subject to those annual limits. 2010, and 2011 included these two bigeye tuna for U.S. longline fisheries Because the limits under CMM 2011–01 above factors as well as the related for each of the years 2009, 2010, and for the longline fisheries of American provisos. 2011. On August 4, 2009, NMFS issued Samoa, Guam, and CNMI far exceed the The third factor, which was not a separate rule to implement the purse historical bigeye tuna catches in those included in the regulations seine-related provisions of CMM 2008– fisheries, implementation of bigeye tuna implementing the bigeye tuna catch 01 for 2009, 2010, and 2011 (74 FR catch limits for the U.S. Participating limits in 2009, 2010, and 2011, relates 38544). Territories is not included as part of this to the CFCAA. Section 113(a) of the The WCPFC was scheduled to hold its interim final rule to establish the U.S. CFCAA authorizes the U.S. Participating Eighth Regular Session in early catch limit of 3,763 mt, which needs to Territories of the WCPFC to use, assign, December 2011, to discuss, among other be established before the limit is allocate, and manage catch limits or items, the provisions of CMM 2008–01, reached. fishing effort limits agreed to by the such as the bigeye tuna catch limits for For the purpose of this interim final WCPFC through arrangements with U.S. longline fisheries, that were scheduled rule, the longline fisheries of the three vessels with permits issued under the to expire at the end of calendar year U.S. Participating Territories are Pelagics FEP. Section 113(a) further 2011. However, the Eighth Regular distinguished from the other longline directs the Secretary of Commerce, for Session was unexpectedly postponed fisheries of the United States based on the purposes of annual reporting to the until March 2012. Because of that a combination of three factors: (1) WCPFC, to attribute catches made by postponement, the WCPFC made an Where the bigeye tuna are landed; (2) vessels operating under Section 113(a) intersessional decision on December 20, the types of Federal longline fishing arrangements to the U.S. Participating 2011, to extend CMM 2008–01 until the permits registered to the fishing vessel; Territories. Section 113(a) establishes Eighth Regular Session could be held. and (3) whether the fishing vessel is specific eligibility criteria for such NMFS issued an interim rule on included in an arrangement under arrangements (discussed further below), December 30, 2011, extending the purse Section 113(a) of the Consolidated and and this interim final rule establishes seine-related provisions of CMM 2008– Further Continuing Appropriations Act, additional requirements and conditions 01 (76 FR 82180). NMFS explained in 2012 (Pub. L. 112–55, 125 Stat. 552 et that must be met in order for catches to that interim rule that longline-related seq., (hereafter, CFCAA) enacted be attributed to the U.S. Participating provisions of the WCPFC’s extension of November 18, 2011). Territories. Under this interim final CMM 2008–01 would be addressed in a With respect to the first factor, bigeye rule, bigeye tuna caught in 2012 by a separate rulemaking. tuna landed by U.S. vessels in any of the vessel that is included in an At its Eighth Regular Session, in three U.S. Participating Territories, with arrangement determined to be eligible March 2012, the WCPFC adopted a certain provisos, will be attributed to under Section 113(a) of the CFCAA will ‘‘Conservation and Management the longline fishery of that Participating be attributed by NMFS to the Measure for Temporary Extension of Territory. The provisos are that: (1) The appropriate U.S. Participating Territory, CMM 2008–01’’ (CMM 2011–01). This bigeye tuna must not be captured in the according to the procedures and CMM extends most provisions of CMM portion of the U.S. exclusive economic conditions set forth below. 2008–01, including the longline bigeye zone (EEZ) surrounding the Hawaiian The longline fisheries of the United tuna catch limits applicable to the Archipelago; and (2) they must be States and its territories operating in the United States, until February 28, 2013. landed by a U.S. fishing vessel operated WCPO are managed as discrete fisheries, in compliance with one of the permits with separate compilations of catch and The Action required under the regulations effort statistics and separate The purpose of this interim final rule implementing the Fishery Ecosystem management measures for each fishery. is to implement the longline bigeye tuna Plan for the Pacific Pelagic Fisheries of In order to allow for the orderly provisions of CMM 2011–01. the Western Pacific Region (Pelagics administration of these fisheries and a Accordingly, this interim final rule FEP) developed by the Western Pacific uniform manner of attributing catches to establishes a 2012 bigeye tuna catch Fishery Management Council (WPFMC) the fisheries of the U.S. Participating limit in U.S. longline fisheries in the or the Fishery Management Plan for U.S. Territories under eligible Section 113(a) Convention Area as follows: West Coast Fisheries for Highly of the CFCAA arrangements, NMFS will Migratory Species developed by the wait to attribute catches under eligible Establishment of the Limit Pacific Fishery Management Council Section 113(a) arrangements until the Under CMM 2011–01, the 2012 bigeye (i.e., a permit issued under 50 CFR date the catch limit will be reached can tuna catch limit for U.S. longline 665.801 or 660.707). be forecasted with a reasonable degree fisheries in the Convention Area in 2012 With respect to the second factor, of certainty. Thereafter, NMFS will is 3,763 mt, the same amount as for each bigeye tuna that are captured by a attribute catches to the fisheries of the of 2009, 2010, and 2011. This limit fishing vessel registered for use under a U.S. Participating Territories under applies only to U.S. longline fisheries valid American Samoa Longline Limited eligible Section 113(a) arrangements other than those of American Samoa, Access Permit will, subject to the seven days before the date the U.S. Guam, and the CNMI. provisos mentioned above, be attributed catch limit is forecasted to be reached. As in CMM 2008–01, CMM 2011–01 to the longline fishery of American This procedure will allow NMFS to includes longline fishery-related Samoa, regardless of where that catch is properly administer and enforce the provisions specifically applicable to landed. This distinction is made specific management requirements for Participating Territories in the WCPFC, because American Samoa Longline each fishery throughout the year, which include American Samoa, Guam, Limited Access Permits are issued only consistent with the approved Pelagics and the CNMI. The longline fisheries of to people that have demonstrated FEP. Participating Territories are subject to participation in the American Samoa As in 2009, 2010, and 2011, NMFS annual bigeye tuna catch limits of 2,000 pelagic fisheries, such that the catch will prepare forecasts during 2012 of the

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date that the bigeye tuna catch limit is Section 113(a) arrangements only after the development of the final rule for this projected to be reached and will the 3,763 mt catch limit is reached, in action. periodically make such forecasts widely order to be consistent with past Any bigeye tuna attributed to the available to the public, such as by administration of the longline fisheries longline fisheries of American Samoa, posting on a Web site. All the forecasts in the WCPO. However, given the time Guam, or the CNMI as provided under prepared up until the time that catch needed to process Section 113(a) this rule will not be counted against the attribution to the U.S. Participating arrangements and the time needed to U.S. limit. All other bigeye tuna Territories under Section 113(a) of the put into effect the prohibitions once the captured by longline gear in the CFCAA actually begins will assume that 3,763 mt catch limit is reached, waiting Convention Area by U.S. longline there will be no such catch attribution until the catch limit is reached to begin vessels and retained will be counted to the U.S. Participating Territories. attribution under arrangements with the against the U.S. limit. These forecasts will be subject to change U.S. Participating Territories could as new information becomes available. potentially cause public confusion and Eligible Arrangements Because of these potential changes, it is result in unnecessary costs in the Under this interim final rule, an necessary to identify a particular fishery. For example, should attribution arrangement shall not be eligible for the forecast for the purpose of determining begin only after the catch limit is attribution of bigeye tuna to the U.S. when catch attribution to the U.S. reached and the prohibitions go into Participating Territories under the terms Participating Territories under eligible effect, a vessel owner providing NMFS of Section 113(a) unless each of the Section 113(a) arrangements will begin. with an eligible arrangement a few days following five criteria is met: (1) The For this purpose, NMFS will use the before the catch limit is reached would arrangement must include vessels first forecast that indicates the catch be subject to the prohibitions for a registered for use with valid permits limit will be reached within 28 days of number of days while the arrangement issued under the Pelagics FEP; (2) the the date of preparation of that forecast. is processed, even though the arrangement must impose no The projected catch limit date in this prohibitions would be later found not to requirements regarding where the forecast will be called, for the purpose apply to the vessel. Beginning vessels fish or land their catch; (3) the of this interim final rule, the pre-Section attribution to the U.S. Participating arrangement must be signed by all the 113(a) attribution forecast date. As soon Territories a short period before the pre- owners of the vessels included in the as NMFS determines the pre-Section Section 113(a) attribution forecast date arrangement, or by their designated 113(a) attribution forecast date, NMFS would help avoid the confusion and representative(s); (4) the arrangement will evaluate all Section 113(a) costs associated with such a situation. It must be signed by an authorized official arrangements that it has received to could also have the advantage of of the U.S. Participating Territory(ies) or date, based on the eligibility criteria avoiding, in certain circumstances, the his or her designated representative(s); specified below, and recalculate the administrative and other costs and (5) the arrangement must be funded forecast date for the catch limit, this associated with putting the prohibitions by deposits to the Western Pacific time not counting as part of the tally of into effect. Sustainable Fisheries Fund in support U.S. catches the catches to be attributed In order for NMFS to attribute to the of fisheries development projects to the U.S. Participating Territories longline fishery of a U.S. Participating identified in a territory’s Marine under eligible Section 113(a) Territory bigeye tuna caught by a Conservation Plan adopted pursuant to arrangements. In order to allow NMFS particular vessel included in an section 204 of the Magnuson-Stevens a reasonable amount of time to complete arrangement under Section 113(a) of the Fishery Conservation and Management this process, NMFS will begin CFCAA, certain requirements under this Act. If NMFS determines that an attributing catches to the U.S. rule must be met. First, with the arrangement does not meet the criteria Participating Territories under eligible exception of existing arrangements for eligibility, NMFS will notify the Section 113(a) arrangements seven days received by NMFS prior to the effective parties to the arrangement or their before the pre-Section 113(a) attribution date of this interim final rule, NMFS designated representative(s) within 14 forecast date. At that time, NMFS will days of receiving a copy of the also make publicly available a new must have received from the vessel arrangement. forecast date on a Web site—the post- owner or designated representative a Section 113(a) attribution forecast copy of the arrangement at least 14 days NMFS is currently aware of one date—and will update that forecast date prior to the date the bigeye tuna was existing arrangement, between the as appropriate throughout 2012. caught. In addition, the arrangement Government of American Samoa and the There will be no official due date for must satisfy specific criteria, discussed Hawaii Longline Association (HLA), the receipt by NMFS of potentially in detail in the section below, to ensure that is subject to Section 113(a) of the eligible CFCAA Section 113(a) that it meets the requirements of an CFCAA. This arrangement is set to arrangements. However, NMFS will eligible arrangement under Section expire at the end of 2012. This interim need 14 days to process arrangements 113(a). final rule is not expected to materially that it receives, so for an arrangement Section 113(a) of the CFCAA remains affect implementation of this received after the date that NMFS in effect until the earlier of December arrangement under Section 113. determines the pre-Section 113(a) 31, 2012, or such time as the WPFMC The procedures and criteria for the attribution forecast date, attribution to recommends, and the Secretary attribution of bigeye tuna catch to the the appropriate U.S. Participating approves, an amendment to the Pelagics U.S. Participating Territories established Territory will start 14 days after NMFS FEP that would authorize U.S. in this interim final rule are applicable has received the arrangement or seven Participating Territories to use, assign, only for 2012. If the WCPFC adopts days before the pre-Section 113(a) allocate, and manage catch limits of catch limits for bigeye tuna that are attribution forecast date, whichever date highly migratory fish stocks, or fishing applicable in 2013 or beyond, NMFS is later. effort limits, established by the WCPFC, will review and revise the requirements NMFS considered starting catch and the amendment is implemented via of this interim final rule when attribution to the U.S. Participating regulations. NMFS will take the status implementing those catch limits, as Territories under eligible CFCAA of that amendment into consideration in appropriate, to ensure consistency with

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WCPFC decisions and all applicable the CNMI in accordance with the terms under Section 113(a) of the CFCAA, as law. of the arrangement, and to the extent specified above, provided that their consistent with the requirements and catches of bigeye tuna are subject to Announcement of the Limit Being procedures established in this interim attribution to the longline fishery of Reached final rule, with the following proviso: American Samoa, Guam, or the CNMI at If NMFS determines that the limit is NMFS must have received from the the time of the activity). expected to be reached before the end of vessel owner or designated Classification 2012, NMFS will publish a notice in the representative a copy of the arrangement Federal Register to announce specific at least 14 days prior to the activity (i.e., The NMFS Assistant Administrator fishing restrictions that will be effective the retention on board, transshipment, has determined that this interim rule is from the date the limit is expected to be or landing). The advance notification consistent with the WCPFC reached until the end of the 2012 provision will not apply to existing Implementation Act and other calendar year. NMFS will publish the arrangements received by NMFS prior to applicable laws. notice of the restrictions at least seven the effective date of this interim final Administrative Procedure Act calendar days before the effective date rule. to provide fishermen with advance (2) Transshipment of bigeye tuna to There is good cause under 5 U.S.C. notice. As stated above, periodic certain vessels: Starting on the effective 553(b)(B) to waive prior notice and prior forecasts of the date the limit is date and extending through December opportunity for public comment on this expected to be reached will be made 31, 2012, it will be prohibited to action, because those requirements are widely available to the public, such as transship bigeye tuna caught in the contrary to the public interest and by posting on a Web Site, to help Convention Area by longline gear to any impracticable. Because of the fishermen plan for the possibility of the vessel other than a U.S. fishing vessel unexpected postponement of the Eighth limit being reached. operated in compliance with a valid Regular Session of the WCPFC due to a permit issued under 50 CFR 660.707 or power outage in the host country, CMM Prohibited Activities After the Limit Is 2011–01 was not agreed upon by the Reached 665.801. (3) Fishing inside and outside the WCPFC as the replacement measure for (1) Retain on board, transship, or land Convention Area: To help ensure CMM 2008–01 until March 30, 2012. bigeye tuna: Starting on the effective compliance with the restrictions related Pursuant to CMM 2011–01, this rule date of the restrictions and extending to bigeye tuna caught by longline gear establishes requirements applicable to through December 31, 2012, it will be in the Convention Area, this interim U.S. fishing vessels that catch, retain, prohibited to use a U.S. fishing vessel to rule establishes two additional, related transship or land bigeye tuna in the retain on board, transship, or land prohibitions that will be in effect Convention Area in 2012. Further bigeye tuna captured in the Convention starting on the effective date and delaying implementation of a WCPFC Area by longline gear, except as follows: extending through December 31, 2012. conservation and management measure First, any bigeye tuna already on First, it will be prohibited to fish with intended to establish annual limits for a board a fishing vessel upon the effective longline gear both inside and outside bigeye tuna stock that is subject to date of the restrictions may be retained the Convention Area during the same overfishing would be contrary to the on board, transshipped, and/or landed, fishing trip, with the exception of a public’s interest because without provided that they are landed within 14 fishing trip that is in progress at the time implementation, there are no limits on days after the restrictions become the announced restrictions go into U.S. longline bigeye tuna catches in the effective. A vessel that has declared to effect. In that exceptional case, the WCPO. Such a result would also violate NMFS pursuant to 50 CFR 665.803(a) vessel will still be required to land any NMFS’ obligations under the Magnuson- that the current trip type is shallow- bigeye tuna taken in the Convention Stevens Fishery Conservation and setting is not subject to this 14-day Area within 14 days of the effective date Management Act for the proper landing restriction. of the restrictions, as described above. management of fishery resources and be Second, bigeye tuna captured by Second, if a vessel is used to fish using inconsistent with the United States’ longline gear may be retained on board, longline gear outside the Convention international legal obligations. transshipped, and/or landed if they are Area and enters the Convention Area at Moreover, the requirements in this captured by a fishing vessel registered any time during the same fishing trip, rule are substantially similar to the for use under a valid American Samoa the longline gear on the fishing vessel regulations established in 2009 that Longline Limited Access Permit or if must be stowed in a manner so as not were applicable during the years 2009– they are landed in American Samoa, to be readily available for fishing while 2011 (to implement WCPFC CMM Guam, or the CNMI, with the following the vessel is in the Convention Area. 2008–01). With the exception of the provisos: The bigeye tuna must not have These two prohibitions do not apply to catch attribution provisions related to been caught in the portion of the U.S. the following vessels: (1) Vessels on implementation of Section 113(a) of the EEZ surrounding the Hawaiian declared shallow-setting trips pursuant CFCAA, all the requirements in this rule Archipelago and must be landed by a to 50 CFR 665.803(a); and (2) vessels were subject to prior notice and U.S. fishing vessel operated in operating for the purposes of this rule as opportunity for public comment in 2009 compliance with a valid permit issued part of the longline fisheries of (proposed rule published July 8, 2009, under 50 CFR 660.707 or 665.801. American Samoa, Guam, or the CNMI 74 FR 32521; final rule published Third, bigeye tuna captured by (including vessels registered for use December 7, 2009, 74 FR 63999). longline gear may be retained on board, under valid American Samoa Longline With respect to the catch attribution transshipped, and/or landed if they Limited Access Permits; vessels landing provisions related to implementation of were caught by a vessel that is included their bigeye tuna catch in one of the Section 113(a) of the CFCAA, this in an eligible arrangement under three U.S. Participating Territories, so interim final rule establishes a process Section 113(a) of the CFCAA, as long as these vessels conduct fishing allowing for the orderly administration specified above, and the bigeye tuna are activities in accordance with the of these fisheries and a uniform manner subject to attribution to the longline provisos described above; and vessels of attributing catches to the fisheries of fishery of American Samoa, Guam, or included in an eligible arrangement the U.S. Participating Territories under

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eligible Section 113(a) arrangements. provided by this interim final rule, and PART 300—INTERNATIONAL Without waiving prior notice and prior comments on the interim final rule will FISHERIES REGULATIONS opportunity for public comment on this be considered prior to publication of the interim final rule, it is unlikely that final rule. Subpart O—Western and Central NMFS would be able to implement the Pacific Fisheries for Highly Migratory requirements of Section 113(a) of the Coastal Zone Management Act (CZMA) Species CFCAA prior to the annual limit NMFS has determined that this rule ■ 1. The authority citation for 50 CFR established here being reached in 2012. will be implemented in a manner As stated above, NMFS will determine part 300, subpart O, continues to read as consistent, to the maximum extent the pre-Section 113(a) attribution follows: practicable, with the enforceable forecast date for the catch limit as soon policies of the approved coastal zone Authority: 16 U.S.C. 6901 et seq. as the catch forecast indicates that the ■ 2. In § 300.222, paragraphs (bb) limit will be reached within 28 days. At management programs of American through (dd) are revised to read as that time, NMFS will begin the process Samoa, the Commonwealth of the follows: to attribute bigeye tuna catch to the Northern Mariana Islands, Guam, and the State of Hawaii. This determination appropriate U.S. Participating § 300.222 Prohibitions. has been submitted for review by the Territories. A new forecast date—the * * * * * post-Section 113(a) attribution forecast responsible territorial and state agencies under section 307 of the CZMA. (bb) Use a fishing vessel to retain on date—will be made publicly available board, transship, or land bigeye tuna on a Web site seven days before the pre- Executive Order 12866 captured by longline gear in the Section 113(a) attribution forecast date. Convention Area or to fish in If NMFS were to provide the public This interim rule has been determined contravention of § 300.224(f)(1) or (f)(2). prior notice and an opportunity to to be not significant for purposes of (cc) Use a fishing vessel to fish in the comment on this rule before making Executive Order 12866. Pacific Ocean using longline gear both effective this interim final rule, it is National Environmental Policy Act inside and outside the Convention Area unlikely that NMFS would be able to on the same fishing trip in establish the catch limit before the pre- NMFS prepared an EA and contravention of § 300.224(f)(3). Section 113(a) attribution forecast date Supplemental EA in 2009 to evaluate (dd) Fail to stow longline gear as is reached. Given the time generally the environmental effects of the required in § 300.224(f)(4). needed to consider public comments and to prepare and to make effective a implementation of the bigeye tuna catch ■ 3. Section 300.224 is revised to read final rule incorporating those limits for U.S. longline fisheries for as follows: 2009, 2010, and 2011. NMFS has comments, NMFS would not be able to § 300.224 Longline fishing restrictions. establish the process for attributing prepared a Supplemental EA that builds (a) Establishment of bigeye tuna catch catch to the U.S. Participating upon the analyses in the 2009 EA and limit. There is a limit of 3,763 metric Territories under eligible Section 113(a) Supplemental EA, and evaluates the arrangements before the pre-Section effects of this interim final rule on the tons of bigeye tuna that may be captured 113(a) attribution forecast date is human environment. NMFS has in the Convention Area by longline gear determined in 2012. Additionally, the determined that there will be no and retained on board by fishing vessels process for attribution under Section significant impact on the human of the United States during the 2012 113(a) arrangements could affect the environment as a result of this interim calendar year. behavior of the fishery prior to closure, final rule and an Environmental Impact (b) Exception for bigeye tuna landed and in this interim final rule NOAA Statement need not be prepared. in territories. Bigeye tuna landed in American Samoa, Guam, or the provides guidance as early as possible Regulatory Flexibility Act so as to allow fishers to plan for the Commonwealth of the Northern Mariana Islands will be attributed to the longline fishing season. Because prior notice and opportunity fishery of the territory in which it is Finally, NMFS must implement the for public comment are not required for landed and will not be counted against 2012 longline bigeye tuna catch limit in this rule by 5 U.S.C. 553, or any other the limit established under paragraph CMM 2011–01 before the limit is law, the analytical requirements of the (a) of this section, provided that: reached in order to satisfy international Regulatory Flexibility Act, 5 U.S.C. 601 (1) The bigeye tuna were not caught legal obligations and to ensure there is et seq., are inapplicable. no gap in the implementation of in the portion of the EEZ surrounding important conservation measures for List of Subjects in 50 CFR Part 300 the Hawaiian Archipelago; and bigeye tuna in the Pacific Ocean, which (2) The bigeye tuna were landed by a is subject to overfishing. Administrative practice and fishing vessel operated in compliance Accordingly, we find that it would be procedure, Fish, Fisheries, Fishing, with a valid permit issued under contrary to the public interest and Marine resources, Reporting and § 660.707 or § 665.801 of this title. impracticable to the United States’ recordkeeping requirements, Treaties. (c) Exception for bigeye tuna caught ability to meet its international Dated: August 21, 2012. by vessels with American Samoa Longline Limited Access Permits. Bigeye obligations to delay implementation of Alan D. Risenhoover, the catch limit provisions in order to tuna caught by a vessel registered for hold a prior comment period on the Director, Office of Sustainable Fisheries, use under a valid American Samoa performing the functions and duties of the Longline Limited Access Permit issued CFCAA Section 113(a)-related Deputy Assistant Administrator for provisions. Regulatory Programs, National Marine under § 665.801(c) of this title will be Therefore, NMFS finds it is Fisheries Service. attributed to the longline fishery of impracticable and contrary to the public American Samoa and will not be interest to provide prior notice and prior For the reasons set out in the counted against the limit established opportunity for public comment on this preamble, 50 CFR part 300 is amended under paragraph (a) of this section, interim final rule. A comment period is as follows: provided that:

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(1) The bigeye tuna were not caught captured by longline gear in the (B) The ‘‘start date’’ specified in in the portion of the EEZ surrounding Convention Area, except as follows: paragraph (g)(2) of this section has the Hawaiian Archipelago; and (i) Any bigeye tuna already on board occurred or passed; and (2) The bigeye tuna were landed by a a fishing vessel upon the effective date (C) NMFS has determined that the fishing vessel operated in compliance of the prohibitions may be retained on arrangement satisfies the requirements with a valid permit issued under board, transshipped, and/or landed, to of Section 113(a) of Public Law 112–55, § 660.707 or § 665.801 of this title. the extent authorized by applicable laws 125 Stat. 552 et seq., the Consolidated (d) Exception for bigeye tuna caught and regulations, provided that they are and Further Continuing Appropriations by vessels included in Section 113(a) landed within 14 days after the Act, 2012, in accordance with the arrangements. Bigeye tuna caught in prohibitions become effective. The 14- criteria specified in paragraph (g)(3) of 2012 by a vessel that is included in an day landing requirement does not apply this section. arrangement under the authorization of to a vessel that has declared to NMFS, (2) Bigeye tuna caught by longline Section 113(a) of Public Law 112–55, pursuant to § 665.803(a) of this title, that gear in the Convention Area may not be 125 Stat. 552 et seq., the Consolidated the current trip type is shallow-setting. transshipped to a fishing vessel unless and Further Continuing Appropriations (ii) Bigeye tuna captured by longline that fishing vessel is operated in Act, 2012, will be attributed to the gear may be retained on board, compliance with a valid permit issued longline fishery of American Samoa, transshipped, and/or landed if they are under § 660.707 or § 665.801 of this Guam, or the Commonwealth of the landed in American Samoa, Guam, or title. Northern Mariana Islands, according to the Commonwealth of the Northern (3) A fishing vessel of the United the terms of the arrangement to the Mariana Islands, provided that: States, other than a vessel that catches extent they are consistent with this (A) The bigeye tuna were not caught bigeye tuna catch that is to be attributed section and applicable law, and will not in the portion of the EEZ surrounding to the longline fishery of American be counted against the limit, provided the Hawaiian Archipelago; Samoa, Guam, or the Commonwealth of that: (B) Such retention, transshipment, the Northern Mariana Islands in (1) NMFS has received a copy of the and/or landing is in compliance with accordance with paragraphs (b), (c), or arrangement from the vessel owner or a applicable laws and regulations; and (d) of this section, or a vessel for which designated representative at least 14 (C) The bigeye tuna are landed by a a declaration has been made to NMFS, days prior to the date the bigeye tuna fishing vessel operated in compliance pursuant to § 665.803(a) of this title, that was caught, except that this requirement with a valid permit issued under the current trip type is shallow-setting, shall not apply to any arrangement § 660.707 or § 665.801 of this title. may not be used to fish in the Pacific provided to NMFS prior to the effective (iii) Bigeye tuna captured by longline Ocean using longline gear both inside date of this paragraph; gear may be retained on board, (2) The bigeye tuna was caught on or transshipped, and/or landed if they are and outside the Convention Area during after the ‘‘start date’’ specified in caught by a vessel registered for use the same fishing trip, with the exception paragraph (g)(2) of this section; and under a valid American Samoa Longline of a fishing trip during which the (3) NMFS has determined that the Limited Access Permit issued under prohibitions were put into effect as arrangement satisfies the requirements § 665.801(c) of this title, provided that: announced under paragraph (e) of this of Section 113(a) of Public Law 112–55, (A) The bigeye tuna were not caught section, in which case the bigeye tuna 125 Stat. 552 et seq., the Consolidated in the portion of the EEZ surrounding on board the vessel may be retained on and Further Continuing Appropriations the Hawaiian Archipelago; board, transshipped, and/or landed, to Act, 2012, in accordance with the (B) Such retention, transshipment, the extent authorized by applicable laws criteria specified in paragraph (g)(3) of and/or landing is in compliance with and regulations, provided that they are this section. applicable laws and regulations; and landed within 14 days after the (e) Announcement of catch limit being (C) The bigeye tuna are landed by a prohibitions become effective. reached and fishing prohibitions. NMFS fishing vessel operated in compliance (4) If a fishing vessel of the United will monitor retained catches of bigeye with a valid permit issued under States, other than a vessel that catches tuna with respect to the limit § 660.707 or § 665.801 of this title. bigeye tuna catch that is to be attributed established under paragraph (a) of this (iv) Bigeye tuna captured by longline to the longline fishery of American section using data submitted in gear may be retained on board, Samoa, Guam, or the Commonwealth of logbooks and other available transshipped, and/or landed if they the Northern Mariana Islands, in information. After NMFS determines were caught by a vessel that is included accordance with paragraphs (b), (c), and that the limit is expected to be reached in an arrangement under the (d) of this section, or a vessel for which by a specific future date, and at least authorization of Section 113(a) of Public a declaration has been made to NMFS, seven calendar days in advance of that Law 112–55, 125 Stat. 552 et seq., the pursuant to § 665.803(a) of this title, that specific future date, NMFS will publish Consolidated and Further Continuing the current trip type is shallow-setting, a notice in the Federal Register Appropriations Act, 2012, if the is used to fish in the Pacific Ocean using announcing that specific prohibitions arrangement provides for the bigeye longline gear outside the Convention will be in effect starting on that specific tuna when caught to be attributed to the Area and the vessel enters the future date and ending December 31, longline fishery of American Samoa, Convention Area at any time during the 2012. Guam, or the Commonwealth of the same fishing trip, the longline gear on (f) Prohibitions after catch limit is Northern Mariana Islands, provided the fishing vessel must, while in the reached. Once an announcement is that: Convention Area, be stowed in a made pursuant to paragraph (e) of this (A) NMFS has received a copy of the manner so as not to be readily available section, the following restrictions will arrangement at least 14 days prior to the for fishing; specifically, the hooks, apply during the period specified in the activity (i.e., the retention on board, branch or dropper lines, and floats used announcement: transshipment, or landing), unless to buoy the mainline must be stowed (1) A fishing vessel of the United NMFS has received a copy of the and not available for immediate use, States may not be used to retain on arrangement prior to the effective date and any power-operated mainline board, transship, or land bigeye tuna of this section; hauler on deck must be covered in such

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a manner that it is not readily available (2) For the purpose of this section, the Pelagic Fisheries of the Western Pacific for use. ‘‘start date’’ for attribution of catches to Region; (g) Procedures and conditions for the longline fisheries of American (ii) The arrangement must not impose Section 113(a) arrangements. This Samoa, Guam, or the Commonwealth of any requirements regarding where the paragraph establishes procedures to be the Northern Mariana Islands for a vessels included in the arrangement fish followed and conditions that must be particular arrangement is: or land their catch; met with respect to arrangements (i) For arrangements copies of which (iii) The arrangement must be signed authorized under Section 113(a) of are received by NMFS no later than the by the owners of all the vessels included Public Law 112–55, 125 Stat. 552 et date NMFS determines the pre- in the arrangement or their designated seq., the Consolidated and Further Section113(a) attribution forecast date, representative(s); Continuing Appropriations Act, 2012. seven days before the pre-Section 113(a) (iv) The arrangement must be signed These procedures and conditions apply attribution forecast date; and by an authorized official of American to paragraphs (d), (f)(1)(iv), (f)(3), and (ii) For arrangements copies of which Samoa, Guam, or the Commonwealth of (f)(4) of this section. are received by NMFS after the date the Northern Mariana Islands or his or (1) For the purpose of this section, the her designated representative(s); and ‘‘pre-Section 113(a) attribution forecast NMFS determines the pre-Section date’’ is the date the catch limit 113(a) attribution forecast date, 14 days (v) The arrangement must be funded established under paragraph (a) of this after the date that NMFS receives a copy by deposits to the Western Pacific section is forecast by NMFS to be of the arrangement or seven days before Sustainable Fisheries Fund in support reached, assuming that no catches the pre-Section 113(a) attribution of fisheries development projects would be attributed to the longline forecast date, whichever is later. identified in the Marine Conservation fisheries of American Samoa, Guam, or (3) NMFS will determine whether an Plan of American Samoa, Guam, or the the Commonwealth of the Northern arrangement satisfies the requirements Commonwealth of the Northern Mariana Mariana Islands under arrangements of Section 113(a) of Public Law 112–55, Islands adopted pursuant to section 204 authorized under Section 113(a) of 125 Stat. 552 et seq., the Consolidated of the Magnuson-Stevens Fishery Public Law 112–55, 125 Stat. 552 et and Further Continuing Appropriations Conservation and Management Act. seq., the Consolidated and Further Act, 2012, for the attribution of bigeye (4) NMFS will notify the parties to the Continuing Appropriations Act, 2012. tuna to the longline fishery of American arrangement or their designated Since forecasts are subject to change as Samoa, Guam, or the Commonwealth of representative(s) within 14 days of new information becomes available, the Northern Mariana Islands according receiving a copy of the arrangement, if NMFS will use for this purpose the first to the following criteria: the arrangement does not meet the forecast it prepares that indicates that (i) Vessels included under the criteria specified in paragraph (g)(3) of the date of the limit being reached is arrangement must be registered for use this section. less than 28 days after the date the with valid permits issued under the [FR Doc. 2012–21092 Filed 8–24–12; 8:45 am] forecast is prepared. Fishery Ecosystem Plan for Pacific BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 77, No. 166

Monday, August 27, 2012

This section of the FEDERAL REGISTER W12–140, 1200 New Jersey Avenue SE., closing date and may amend this contains notices to the public of the proposed Washington, DC 20590. proposed AD based on those comments. issuance of rules and regulations. The • Hand Delivery: U.S. Department of We will post all comments we purpose of these notices is to give interested Transportation, Docket Operations, M– receive, without change, to http:// persons an opportunity to participate in the 30, West Building Ground Floor, Room www.regulations.gov, including any rule making prior to the adoption of the final personal information you provide. We rules. W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 will also post a report summarizing each p.m., Monday through Friday, except substantive verbal contact we receive DEPARTMENT OF TRANSPORTATION Federal holidays. about this proposed AD. For service information identified in Discussion Federal Aviation Administration this proposed AD, contact Airbus SAS— EAW (Airworthiness Office), 1 Rond On March 4, 2010, we issued AD 14 CFR Part 39 Point Maurice Bellonte, 31707 Blagnac 2010–06–05, Amendment 39–16229 (75 Cedex, France; telephone +33 5 61 93 36 FR 11435, March 11, 2010). That AD [Docket No. FAA–2012–0858; Directorate 96; fax +33 5 61 93 44 51; email required actions intended to address an Identifier 2011–NM–183–AD] [email protected]; unsafe condition on the products listed above. RIN 2120–AA64 Internet http://www.airbus.com. You may review copies of the referenced Since we issued AD 2010–06–05, Airworthiness Directives; Airbus service information at the FAA, Amendment 39–16229 (75 FR 11435, Airplanes Transport Airplane Directorate, 1601 March 11, 2010), we have received Lind Avenue SW., Renton, Washington. reports that additional cracks have been AGENCY: Federal Aviation For information on the availability of found after the modification had been Administration (FAA), DOT. this material at the FAA, call 425–227– completed. In addition, new inspections ACTION: Notice of proposed rulemaking 1221. have been added to address the unsafe (NPRM). condition. The European Aviation Examining the AD Docket Safety Agency (EASA), which is the SUMMARY: We propose to supersede an You may examine the AD docket on Technical Agent for the Member States existing airworthiness directive (AD) the Internet at http:// of the European Community, has issued that applies to certain Airbus Model www.regulations.gov; or in person at the EASA Airworthiness Directive 2011– A300 B4–2C, B4–103, and B4–203 Docket Operations office between 9 a.m. 0163, dated August 30, 2011 (referred to airplanes; and Model A300 B4–601, B4– and 5 p.m., Monday through Friday, after this as ‘‘the MCAI’’), to correct an 603, B4–620, B4–622, B4–605R, and B4– except Federal holidays. The AD docket unsafe condition for the specified 622R airplanes. The existing AD contains this proposed AD, the products. The MCAI states: currently requires performing a one- regulatory evaluation, any comments One A300–600 aeroplane operator reported time detailed visual inspection of the received, and other information. The that, during a routine inspection, a crack was forward fitting at frame (FR) 40 on both street address for the Docket Operations found in the right hand frame (FR) 40 sides of the airplane for cracks, and office (telephone (800) 647–5527) is in forward fitting between stringer 32 and repair if necessary. Since we issued that the ADDRESSES section. Comments will stringer 33. The subject aeroplane had AD, we have received reports that new be available in the AD docket shortly previously been modified in accordance with Airbus SB A300–57–6053 (Mod. 10453). cracks were found in the FR 40 forward after receipt. fitting. This proposed AD would require Therefore and pending completion of the FOR FURTHER INFORMATION CONTACT: Dan full analysis using a refined Finite Element repetitive detailed inspections of the Rodina, Aerospace Engineer, Model, EASA issued AD 2009–0094 [which forward fitting at FR 40 without nut International Branch, ANM–116, corresponds with FAA AD 2010–06–05, removal, and a one-time eddy current or Transport Airplane Directorate, FAA, Amendment 39–16229 (75 FR 11435, March liquid penetrant inspection of the 1601 Lind Avenue SW., Renton, WA 11, 2010)] to require a one-time Detailed forward fitting at FR 40 with nut 98057–3356; telephone (425) 227–2125; Visual Inspection (DVI) of the post-SB A300– 57–6053 A300–600 aeroplanes and post-SB removal, and repair if necessary. We are fax (425) 227–1149. proposing this AD to detect and correct A300–53–0297 A300 aeroplanes in order to SUPPLEMENTARY INFORMATION: cracking of the FR 40 forward fitting, ensure the structural integrity of frame 40. During a recent maintenance check, on two which could result in a deterioration of Comments Invited aeroplanes (one A300B4 and one A300–600), the structural integrity of the frame. We invite you to send any written cracks were found in the FR 40 forward DATES: We must receive comments on relevant data, views, or arguments about fitting. this proposed AD by October 11, 2012. this proposed AD. Send your comments These new crack findings are considered as unexpected, since they were found after: ADDRESSES: You may send comments by to an address listed under the —Application of modification SB A300–57– any of the following methods: ADDRESSES section. Include ‘‘Docket No. • 6053 or SB A300–53–0297 which cancels Federal eRulemaking Portal: Go to FAA–2012–0858; Directorate Identifier the inspection programme, and http://www.regulations.gov. Follow the 2011–NM–183–AD’’ at the beginning of —Accomplishment of EASA AD 2009–0094. instructions for submitting comments. your comments. We specifically invite • For the reasons described above, this new Fax: (202) 493–2251. comments on the overall regulatory, [EASA] AD, which supersedes EASA AD • Mail: U.S. Department of economic, environmental, and energy 2009–0094, requires repetitive DVI of the FR Transportation, Docket Operations, M– aspects of this proposed AD. We will 40 forward fitting (without nut removal), 30, West Building Ground Floor, Room consider all comments received by the accomplishment of a one time Eddy Current

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(EC) inspection or liquid penetrant section 106, describes the authority of § 39.13 [Amended] inspection of this area (with nut removal) the FAA Administrator. ‘‘Subtitle VII: 2. The FAA amends § 39.13 by and, depending on findings, the Aviation Programs,’’ describes in more removing Airworthiness Directive (AD) accomplishment of associated corrective detail the scope of the Agency’s 2010–06–05, Amendment 39–16229 (75 action [repair if any cracking found]. Passing the EC or liquid penetrant inspection authority. FR 11435, March 11, 2010), and adding constitutes terminating action for the We are issuing this rulemaking under the following new AD: repetitive DVI. the authority described in ‘‘Subtitle VII, Airbus: Docket No. FAA–2012–0858; Part A, Subpart III, Section 44701: You may obtain further information Directorate Identifier 2011–NM–183–AD. General requirements.’’ Under that by examining the MCAI in the AD (a) Comments Due Date section, Congress charges the FAA with docket. promoting safe flight of civil aircraft in We must receive comments by October 11, Relevant Service Information air commerce by prescribing regulations 2012. Airbus has issued All Operator Telex for practices, methods, and procedures (b) Affected ADs A300–53A0391, dated August 9, 2011 the Administrator finds necessary for This AD supersedes AD 2010–06–05, (for Model A300 B4–2C, B4–103, and safety in air commerce. This regulation Amendment 39–16229 (75 FR 11435, March B4–203 airplanes); and All Operator is within the scope of that authority 11, 2010). Telex A300–57A6111, dated August 9, because it addresses an unsafe condition (c) Applicability 2011 (for Model A300 B4–601, B4–603, that is likely to exist or develop on products identified in this rulemaking This AD applies to Airbus airplanes, B4–605R, B4–620, B4–622, and B4– certificated in any category, as identified in 622R airplanes). The actions described action. paragraphs (c)(1) and (c)(2) of this AD. For in this service information are intended Regulatory Findings airplanes on which Airbus Service Bulletin to correct the unsafe condition A300–53–0297 or A300–57–6053 (Airbus identified in the MCAI. We determined that this proposed AD Modification 10453), as applicable, have would not have federalism implications been incorporated as a corrective action FAA’s Determination and Requirements under Executive Order 13132. This (repair following crack finding), no action is of This Proposed AD proposed AD would not have a required by this AD. substantial direct effect on the States, on (1) Model A300 B4–2C, B4–103, and B4– This product has been approved by 203 airplanes, all serial numbers, modified the aviation authority of another the relationship between the national preventively in service (without any country, and is approved for operation Government and the States, or on the preliminary crack findings) as specified in in the United States. Pursuant to our distribution of power and Airbus Service Bulletin A300–53–0297 bilateral agreement with the State of responsibilities among the various (Airbus Modification 10453). Design Authority, we have been notified levels of government. (2) Model A300 B4–601, B4–603, B4–605R, B4–620, B4–622, and B4–622R airplanes, all of the unsafe condition described in the For the reasons discussed above, I certify this proposed regulation: serial numbers, modified preventively in MCAI and service information service (without any preliminary crack referenced above. We are proposing this 1. Is not a ‘‘significant regulatory findings) as specified in Airbus Service AD because we evaluated all pertinent action’’ under Executive Order 12866; Bulletin A300–57–6053 (Airbus Modification information and determined an unsafe 2. Is not a ‘‘significant rule’’ under the 10453). condition exists and is likely to exist or DOT Regulatory Policies and Procedures (d) Subject develop on other products of the same (44 FR 11034, February 26, 1979); Air Transport Association (ATA) of type design. 3. Will not affect intrastate aviation in America Code 53, 57: Fuselage, Wings. Alaska; and Costs of Compliance 4. Will not have a significant (e) Reason Based on the service information, we economic impact, positive or negative, This AD was prompted by reports that estimate that this proposed AD would on a substantial number of small entities cracks were found in the frame (FR) 40 affect about 134 products of U.S. under the criteria of the Regulatory forward fitting. We are issuing this AD to registry. Flexibility Act. detect and correct cracking of the FR 40 The actions that are required by AD forward fitting, which could result in a We prepared a regulatory evaluation deterioration of the structural integrity of the 2010–06–05, Amendment 39–16229 (75 of the estimated costs to comply with frame. FR 11435, March 11, 2010), and retained this proposed AD and placed it in the in this proposed AD take about 3 work- AD docket. (f) Compliance hours per product, at an average labor You are responsible for having the actions rate of $85 per work hour. Based on List of Subjects in 14 CFR Part 39 required by this AD performed within the these figures, the estimated cost of the Air transportation, Aircraft, Aviation compliance times specified, unless the actions have already been done. currently required actions is $255 per safety, Incorporation by reference, product. Safety. (g) Retained Detailed Inspection We estimate that it would take about The Proposed Amendment This paragraph restates the actions 3 work-hours per product to comply required by paragraphs (f)(1), (f)(2), and (f)(3) with the new basic requirements of this Accordingly, under the authority of AD 2010–06–05, Amendment 39–16229 proposed AD. The average labor rate is delegated to me by the Administrator, (75 FR 11435, March 11, 2010). $85 per work-hour. Based on these the FAA proposes to amend 14 CFR part (1) At the applicable time specified in table figures, we estimate the cost of the 39 as follows: 1 to paragraph (g)(1) of this AD: Do a one- proposed AD on U.S. operators to be time detailed visual inspection of the forward PART 39—AIRWORTHINESS fitting at FR 40 on both sides of the airplane, $34,170, or $255 per product. in accordance with Airbus Mandatory DIRECTIVES Authority for This Rulemaking Service Bulletin A300–57A6108 (for Model 1. The authority citation for part 39 A300 B4–601, B4–603, B4–605R, B4–620, Title 49 of the United States Code B4–622, and B4–622R airplanes) or A300– specifies the FAA’s authority to issue continues to read as follows: 53A0387 (for Model A300 B4–2C, B4–103, rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. and B4–203 airplanes), both including

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Appendices 01 and 02, both dated September 12, 2008.

TABLE 1 TO PARAGRAPH (g)(1) OF THIS AD—COMPLIANCE TIMES

Airplane models/configuration Compliance time

A300 B4–2C and B4–103 airplanes on which Airbus Prior to the accumulation of 18,000 total flight cycles, or within 3 months after April 15, Service Bulletin A300–53–0297 was done prior to 2010 (the effective date of AD 2010–06–05, Amendment 39–16229 (75 FR 11435, the accumulation of 9,000 total flight cycles. March 11, 2010)), whichever occurs later. A300 B4–2C and B4–103 airplanes on which Airbus Within 5,500 flight cycles after accomplishment of Airbus Service Bulletin A300–53–0297, Service Bulletin A300–53–0297 was done on or or within 6 months after April 15, 2010 (the effective date of AD 2010–06–05, Amend- after the accumulation of 9,000 total flight cycles. ment 39–16229 (75 FR 11435, March 11, 2010)), whichever occurs later; except, for airplanes that, as of April 15, 2010 (the effective date of AD 2010–06–05), have accu- mulated 11,000 flight cycles or more since accomplishment of Airbus Service Bulletin A300–53–0297, within 3 months after April 15, 2010 (the effective date of AD 2010– 06–05). A300 B4–203 airplanes on which Airbus Service Bul- Prior to the accumulation of 15,000 total flight cycles, or within 3 months after April 15, letin A300–53–0297 was done prior to the accumu- 2010 (the effective date of AD 2010–06–05, Amendment 39–16229 (75 FR 11435, lation of 8,300 total flight cycles. March 11, 2010)), whichever occurs later. A300 B4–203 airplanes on which Airbus Service Bul- Within 4,100 flight cycles after accomplishment of Airbus Service Bulletin A300–53–0297, letin A300–53–0297 was done on or after the accu- or within 6 months after April 15, 2010 (the effective date of AD 2010–06–05, Amend- mulation of 8,300 total flight cycles. ment 39–16229 (75 FR 11435, March 11, 2010)), whichever occurs later; except, for airplanes that, as of April 15, 2010 (the effective date of AD 2010–06–05), have accu- mulated 8,200 flight cycles or more since accomplishment of Airbus Service Bulletin A300–53–0297, within 3 months after April 15, 2010 (the effective date of AD 2010– 06–05). A300 B4–601, B4–603, B4–605R, B4–620, B4–622, Prior to the accumulation of 11,500 total flight cycles, or within 3 months after April 15, and B4–622R airplanes on which Airbus Service 2010 (the effective date of AD 2010–06–05, Amendment 39–16229 (75 FR 11435, Bulletin A300–57–6053 was done prior to the accu- March 11, 2010)), whichever occurs later. mulation of 6,100 total flight cycles. A300 B4–601, B4–603, B4–605R, B4–620, B4–622, Within 3,300 flight cycles after accomplishment of Airbus Service Bulletin A300–57–6053, and B4–622R airplanes on which Airbus Service or within 6 months after April 15, 2010 (the effective date of AD 2010–06–05, Amend- Bulletin A300–57–6053 was done on or after the ment 39–16229 (75 FR 11435, March 11, 2010)), whichever occurs later; except, for accumulation of 6,100 total flight cycles. airplanes that, as of April 15, 2010 (the effective date of AD 2010–06–05), have accu- mulated 6,600 flight cycles or more since accomplishment of Airbus Service Bulletin A300–57–6053, within 3 months after April 15, 2010 (the effective date of AD 2010– 06–05).

(2) Except as required by paragraph (g)(3) (h) Retained Reporting Requirement without nut removal on both sides of the of this AD: If any crack is found during the This paragraph restates the requirements of airplane, in accordance with Airbus All inspection required by paragraph (g)(1) of paragraph (f)(4) of AD 2010–06–05, Operator Telex A300–53A0391, dated August this AD, before further flight, do a temporary Amendment 39–16229 (75 FR 11435, March 9, 2011 (for Model A300 B4–2C, B4–103, and or definitive repair, as applicable, in 11, 2010). Submit an inspection report in B4–203 airplanes); or Airbus All Operator accordance with the Accomplishment accordance with Appendix 01 of Airbus Telex A300–57A6111, dated August 9, 2011 Instructions of Airbus Service Bulletin A300– Mandatory Service Bulletin A300–53A0387, (for Model A300 B4–601, B4–603, B4–605R, 53–0268, Revision 06, dated January 7, 2002 including Appendices 01 and 02, dated B4–620, B4–622, and B4–622R airplanes). (for Model A300 B4–2C, B4–103, and B4–203 September 12, 2008 (for Model A300 B4–2C, Thereafter, repeat the inspection at intervals airplanes); or A300–57–6052, Revision 03, B4–103, and B4–203 airplanes); or Airbus not to exceed 300 flight cycles. dated May 27, 2002, including Airbus Mandatory Service Bulletin A300–57A6108, Drawings 15R53810394, Issue A, dated including Appendices 01 and 02, dated (j) New Requirement: Eddy Current December 21, 1998, and 21R57110247, Issue September 12, 2008 (for Model A300 B4–601, Inspection or Liquid Penetrant Inspection A, dated June 20, 1997 (for Model A300 B4– B4–603, B4–605R, B4–620, B4–622, and B4– Within 36 months after the effective date 601, B4–603, B4–605R, B4–620, B4–622, and 622R airplanes); to the address identified on of this AD: Perform an eddy current B4–622R airplanes). the reporting sheet, at the applicable time inspection or a liquid penetrant inspection (3) If any crack found during the inspection specified in paragraph (h)(1) or (h)(2) of this for cracks of the forward fitting at FR 40 with required by paragraph (g)(1) of this AD AD. nut removal on both sides of the airplane, in cannot be repaired in accordance with Airbus (1) If the inspection was done on or after accordance with Airbus All Operator Telex Service Bulletin A300–53–0268, Revision 06, April 15, 2010 (the effective date of AD A300–53A0391, dated August 9, 2011 (for dated January 7, 2002 (for Model A300 B4– 2010–06–05, Amendment 39–16229 (75 FR Model A300 B4–2C, B4–103, and B4–203 2C, B4–103, and B4–203 airplanes); or A300– 11435, March 11, 2010)): Submit the report airplanes); or Airbus All Operator Telex 57–6052, Revision 03, dated May 27, 2002 within 30 days after the inspection. A300–57A6111, dated August 9, 2011 (for including Airbus Drawings 15R53810394, (2) If the inspection was done before April Issue A, dated December 21, 1998, and 15, 2010 (the effective date of AD 2010–06– Model A300 B4–601, B4–603, B4–605R, B4– 21R57110247, Issue A, dated June 20, 1997 05, Amendment 39–16229 (75 FR 11435, 620, B4–622, and B4–622R airplanes). (for Model A300 B4–601, B4–603, B4–605R, March 11, 2010)): Submit the report within (k) New Requirement: Corrective Action B4–620, B4–622, and B4–622R airplanes): 30 days after April 15, 2010 (the effective Contact Airbus for repair instructions and, date of AD 2010–06–05). If, during any inspection required by before further flight, repair the crack using a paragraph (i) or (j) of this AD, any crack is method approved by the Manager, (i) New Requirement: Repetitive Detailed detected: Before further flight, repair the International Branch, ANM–116, Transport Visual Inspections crack in accordance with a method approved Airplane Directorate, FAA, or the European Within 300 flight cycles after the effective by the Manager, International Branch, ANM– Aviation Safety Agency (EASA) (or its date of this AD: Perform a detailed inspection 116, Transport Airplane Directorate, FAA; or delegated agent). for cracks of the forward fitting at FR 40 EASA (or its delegated agent).

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(l) New Requirement: Reporting information subject to the requirements of DEPARTMENT OF TRANSPORTATION Requirement the Paperwork Reduction Act unless that Submit a one-time report of the findings collection of information displays a current Federal Aviation Administration (both positive and negative) of the valid OMB Control Number. The OMB inspections required by paragraphs (i) and (j) Control Number for this information 14 CFR Part 39 of this AD to Airbus, Sebastien Faure, SEES1, collection is 2120–0056. Public reporting for [Docket No. FAA–2012–0860; Directorate SAS—EAW (Airworthiness Office), 1 Rond this collection of information is estimated to Identifier 2012–NM–123–AD] Point Maurice Bellonte, 31707 Blagnac be approximately 5 minutes per response, Cedex, France; telephone +33 5 61 93 31 68; including the time for reviewing instructions, RIN 2120–AA64 fax +33 5 61 93 36 14; email [email protected], at the completing and reviewing the collection of information. All responses to this collection Airworthiness Directives; The Boeing applicable time specified in paragraph (l)(1) Company Airplanes or (l)(2) of this AD. of information are mandatory. Comments (1) If the inspection was done on or after concerning the accuracy of this burden and AGENCY: Federal Aviation the effective date of this AD: Submit the suggestions for reducing the burden should Administration (FAA), DOT. report within 30 days after the inspection. be directed to the FAA at: 800 Independence ACTION: (2) If the inspection was done before the Ave. SW., Washington, DC 20591, Attn: Notice of proposed rulemaking effective date of this AD: Submit the report Information Collection Clearance Officer, (NPRM). within 30 days after the effective date of this AES–200. AD. SUMMARY: We propose to adopt a new (o) Related Information airworthiness directive (AD) for certain (m) New Requirement: Terminating Action The Boeing Company Model 737–600, (1) Refer to MCAI EASA Airworthiness Accomplishment of the one-time eddy –700, –800, and –900ER series current inspection or a liquid penetrant Directive 2011–0163, dated August 30, 2011, and the service information in paragraphs airplanes. This proposed AD was inspection required by paragraph (j) of this prompted by incorrect wire support AD, including doing all applicable repairs, (o)(1)(i) through (o)(1)(vi) of this AD, for constitutes terminating action for the related information. clamps installed within the left inspections required by paragraph (i) of this (i) Airbus All Operator Telex A300– environmental cooling systems (ECS) AD. 53A0391, dated August 9, 2011. bay, which could allow wiring to come in contact with the exposed metal of the (n) Other FAA AD Provisions (ii) Airbus All Operator Telex A300– 57A6111, dated August 9, 2011. improper clamp. This proposed AD The following provisions also apply to this (iii) Airbus Mandatory Service Bulletin would require inspections to identify AD: the part number of the wire support (1) Alternative Methods of Compliance A300–57A6108, including Appendices 01 (AMOCs): The Manager, International and 02, dated September 12, 2008. clamp, related investigative actions, and Branch, ANM–116, FAA, has the authority to (iv) Airbus Mandatory Service Bulletin corrective actions if necessary. We are approve AMOCs for this AD, if requested A300–53A0387, including Appendices 01 proposing this AD to prevent electrical using the procedures found in 14 CFR 39.19. and 02, dated September 12, 2008. arcing and a potential ignition source, In accordance with 14 CFR 39.19, send your (v) Airbus Service Bulletin A300–53–0268, which in combination with flammable request to your principal inspector or local Revision 06, dated January 7, 2002. fuel vapors could result in a fuel tank Flight Standards District Office, as (vi) Airbus Service Bulletin A300–57– explosion, and consequent loss of the appropriate. If sending information directly 6052, Revision 03, dated May 27, 2002, airplane. to the International Branch, send it to ATTN: including Airbus Drawings 15R53810394, Dan Rodina, Aerospace Engineer, DATES: We must receive comments on International Branch, ANM–116, Transport Issue A, dated December 21, 1998, and this proposed AD by October 11, 2012. 21R57110247, Issue A, dated June 20, 1997. Airplane Directorate, FAA, 1601 Lind ADDRESSES: You may send comments, (2) For service information identified in Avenue SW., Renton, WA 98057–3356; using the procedures found in 14 CFR this AD, contact Airbus SAS—EAW phone: (425) 227–2125; fax: (425) 227–1149; 11.43 and 11.45, by any of the following email: [email protected]. Information may (Airworthiness Office), 1 Rond Point Maurice be emailed to: 9-ANM-116-AMOC- Bellonte, 31707 Blagnac Cedex, France; methods: • Federal eRulemaking Portal: Go to [email protected]. Before using any telephone +33 5 61 93 36 96; fax +33 5 61 approved AMOC, notify your appropriate 93 44 51; email account.airworth- http://www.regulations.gov. Follow the principal inspector, or lacking a principal instructions for submitting comments. [email protected]; Internet http:// • inspector, the manager of the local flight www.airbus.com. You may review copies of Fax: 202–493–2251. standards district office/certificate holding • Mail: U.S. Department of the referenced service information at the district office. The AMOC approval letter Transportation, Docket Operations, M– must specifically reference this AD. AMOCs FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 30, West Building Ground Floor, Room approved previously in accordance with AD W12–140, 1200 New Jersey Avenue SE., 2010–06–05, Amendment 39–16229 (75 FR information on the availability of this material at the FAA, call 425–227–1221. Washington, DC 20590. 11435, March 11, 2010), are approved as • Hand Delivery: Deliver to Mail AMOCs for the corresponding provisions of Issued in Renton, Washington, on August this AD. address above between 9 a.m. and 5 17, 2012. (2) Airworthy Product: For any requirement p.m., Monday through Friday, except in this AD to obtain corrective actions from Ali Bahrami, Federal holidays. a manufacturer or other source, use these Manager, Transport Airplane Directorate, For service information identified in actions if they are FAA-approved. Corrective Aircraft Certification Service. this proposed AD, contact Boeing actions are considered FAA-approved if they [FR Doc. 2012–20966 Filed 8–24–12; 8:45 am] Commercial Airplanes, Attention: Data are approved by the State of Design Authority BILLING CODE 4910–13–P & Services Management, P.O. Box 3707, (or their delegated agent). You are required MC 2H–65, Seattle, Washington 98124– to assure the product is airworthy before it 2207; telephone 206–544–5000, is returned to service. (3) Reporting Requirements: A federal extension 1; fax 206–766–5680; Internet agency may not conduct or sponsor, and a https://www.myboeingfleet.com. You person is not required to respond to, nor may review copies of the referenced shall a person be subject to a penalty for service information at the FAA, failure to comply with a collection of Transport Airplane Directorate, 1601

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Lind Avenue SW., Renton, Washington. comments. We specifically invite detailed inspection of certain wire For information on the availability of comments on the overall regulatory, support clamps to identify part number this material at the FAA, call 425–227– economic, environmental, and energy TA0930034–10 wire support clamp and 1221. aspects of this proposed AD. We will related investigative actions to verify consider all comments received by the that the flange cushions completely Examining the AD Docket closing date and may amend this surround the two metal strap sections of You may examine the AD docket on proposed AD because of those the wire support clamp and to detect the Internet at http:// comments. any possible chafing of the wire bundle www.regulations.gov; or in person at the We will post all comments we within the left side ECS bay, and Docket Management Facility between 9 receive, without change, to http:// corrective actions if necessary. a.m. and 5 p.m., Monday through www.regulations.gov, including any Corrective actions include replacing the Friday, except Federal holidays. The AD personal information you provide. We discrepant clamp with a new or docket contains this proposed AD, the will also post a report summarizing each serviceable TA0930034–10 wire support regulatory evaluation, any comments substantive verbal contact we receive clamp if the part number is incorrect or received, and other information. The about this proposed AD. if the flange cushions do not completely street address for the Docket Office Discussion surround the two metal strap sections of (phone: 800–647–5527) is in the the wire support clamp, and repairing or ADDRESSES section. Comments will be We reviewed reports of incorrect wire replacing chafed wiring. available in the AD docket shortly after support clamps installed within the left receipt. ECS bay, which is a flammable leakage FAA’s Determination zone. Use of incorrect wire support FOR FURTHER INFORMATION CONTACT: We are proposing this AD because we clamps that are not fully cushioned Georgios Roussos, Aerospace Engineer, evaluated all the relevant information could allow electrical power wiring to Systems and Equipment Branch, ANM– and determined the unsafe condition come in contact with the exposed metal 130S, FAA, Seattle Aircraft Certification described previously is likely to exist or of the improper clamp. Power wiring Office, 1601 Lind Avenue SW., Renton, develop in other products of these same shorts to the exposed metal of the wire WA 98057–3356; phone: 425–917–6482; type designs. support clamp could produce electrical fax: 425–917–6590; email: arcing. We are proposing this AD to Proposed AD Requirements [email protected]. prevent electrical arcing and a potential SUPPLEMENTARY INFORMATION: ignition source, which in combination This proposed AD would require accomplishing the actions specified in Comments Invited with flammable fuel vapors, could result in a fuel tank explosion, and consequent the service information described We invite you to send any written loss of the airplane. previously. relevant data, views, or arguments about Costs of Compliance this proposal. Send your comments to Relevant Service Information an address listed under the ADDRESSES We reviewed Boeing Special We estimate that this proposed AD section. Include ‘‘Docket No. FAA– Attention Service Bulletin 737–28– affects 297 airplanes of U.S. registry. 2012–0860; Directorate Identifier 2012– 1303, dated April 26, 2012. The service We estimate the following costs to NM–123–AD’’ at the beginning of your information describes procedures for a comply with this proposed AD:

ESTIMATED COSTS

Cost per Number of Cost on U.S. Action Labor cost Parts cost product airplanes operators

Inspection Group 1 airplanes ...... 10 work-hours × $85 per hour = $0 $850 185 $157,250 $850. Inspection Group 2 airplanes ...... 2 work-hours × $85 per hour = $170 0 170 112 19,040

We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary replacements that would proposed inspection. We have no way of might need these replacements.

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement of wire support clamp ...... 1 work-hour × $85 per hour = $85 ...... $3 $88

According to the manufacturer, some We have received no definitive data rules on aviation safety. Subtitle I, of the costs of this proposed AD may be that would enable us to provide cost section 106, describes the authority of covered under warranty, thereby estimates for the on-condition repair of the FAA Administrator. Subtitle VII: reducing the cost impact on affected chafed or damaged wiring specified in Aviation Programs, describes in more individuals. We do not control warranty this proposed AD. detail the scope of the Agency’s authority. coverage for affected individuals. As a Authority for This Rulemaking result, we have included all costs in our We are issuing this rulemaking under cost estimate. Title 49 of the United States Code the authority described in Subtitle VII, specifies the FAA’s authority to issue Part A, Subpart III, Section 44701:

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‘‘General requirements.’’ Under that (b) Affected ADs ANM–130S, FAA, Seattle Aircraft section, Congress charges the FAA with None. Certification Office, 1601 Lind Avenue SW., promoting safe flight of civil aircraft in Renton, WA 98057–3356; phone: 425–917– (c) Applicability air commerce by prescribing regulations 6482; fax: 425–917–6590; email: This AD applies to The Boeing Company [email protected]. for practices, methods, and procedures (2) For service information identified in the Administrator finds necessary for Model 737–600, -700, -800, and -900ER series airplanes; certificated in any category; as this AD, contact Boeing Commercial safety in air commerce. This regulation identified in Boeing Special Attention Airplanes, Attention: Data & Services is within the scope of that authority Service Bulletin 737–28–1303, dated April Management, P. O. Box 3707, MC 2H–65, because it addresses an unsafe condition 26, 2012. Seattle, Washington 98124–2207; telephone that is likely to exist or develop on 206–544–5000, extension 1; fax 206–766– (d) Subject products identified in this rulemaking 5680; Internet https:// action. Joint Aircraft System Component (JASC)/ www.myboeingfleet.com. You may review Air Transport Association (ATA) of America copies of the referenced service information Regulatory Findings Code 28, Fuel System. at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. (e) Unsafe Condition We determined that this proposed AD For information on the availability of this would not have federalism implications This AD was prompted by incorrect wire material at the FAA, call 425–227–1221. under Executive Order 13132. This support clamps installed within the left proposed AD would not have a environmental cooling systems (ECS) bay, Issued in Renton, Washington, on August 17, 2012. substantial direct effect on the States, on which could allow wiring to come in contact the relationship between the national with the exposed metal of the improper Ali Bahrami, Government and the States, or on the clamp. We are issuing this AD to prevent Manager, Transport Airplane Directorate, electrical arcing and a potential ignition distribution of power and Aircraft Certification Service. source, which in combination with [FR Doc. 2012–20967 Filed 8–24–12; 8:45 am] responsibilities among the various flammable fuel vapors could result in a fuel levels of government. tank explosion, and consequent loss of the BILLING CODE 4910–13–P For the reasons discussed above, I airplane. certify this proposed regulation: (f) Compliance DEPARTMENT OF TRANSPORTATION (1) Is not a ‘‘significant regulatory Comply with this AD within the action’’ under Executive Order 12866, compliance times specified, unless already Federal Aviation Administration (2) Is not a ‘‘significant rule’’ under done. the DOT Regulatory Policies and 14 CFR Part 39 Procedures (44 FR 11034, February 26, (g) Inspection and Corrective Actions 1979), Within 60 months after the effective date [Docket No. FAA–2012–0859; Directorate (3) Will not affect intrastate aviation of this AD, do a detailed inspection for part Identifier 2012–NM–090–AD] number TA0930034–10 wire support clamp, in Alaska, and RIN 2120–AA64 and do all applicable related investigative (4) Will not have a significant and corrective actions, in accordance with Airworthiness Directives; The Boeing economic impact, positive or negative, the Accomplishment Instructions of Boeing on a substantial number of small entities Special Attention Service Bulletin 737–28– Company Airplanes under the criteria of the Regulatory 1303, dated April 26, 2012. Do all applicable AGENCY: Federal Aviation Flexibility Act. related investigative and corrective actions Administration (FAA), DOT. before further flight. List of Subjects in 14 CFR Part 39 ACTION: Proposed rule; rescission. (h) Parts Installation Prohibition Air transportation, Aircraft, Aviation As of the effective date of this AD, no SUMMARY: We propose to rescind an safety, Incorporation by reference, person may install a wire support clamp that existing airworthiness directive (AD) Safety. is not part number (P/N) TA0930034–10 that applies to certain The Boeing The Proposed Amendment within the left ECS bay of any airplane. Company Model 737–600, –700, –700C, (i) Alternative Methods of Compliance –800 and –900 series airplanes; and Accordingly, under the authority (AMOCs) Model 757–200, –200PF, –200CB, and delegated to me by the Administrator, –300 series airplanes. The existing AD the FAA proposes to amend 14 CFR part (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the currently requires inspecting to 39 as follows: authority to approve AMOCs for this AD, if determine if certain motor-operated requested using the procedures found in 14 shutoff valve actuators for the fuel tanks PART 39—AIRWORTHINESS CFR 39.19. In accordance with 14 CFR 39.19, are installed, and related investigative DIRECTIVES send your request to your principal inspector and corrective actions if necessary. The or local Flight Standards District Office, as existing AD also requires revising the 1. The authority citation for part 39 appropriate. If sending information directly continues to read as follows: Airworthiness Limitations (AWLs) to the manager of the ACO, send it to the section of the Instructions for Continued Authority: 49 U.S.C. 106(g), 40113, 44701. attention of the person identified in the Related Information section of this AD. Airworthiness to incorporate AWL No. § 39.13 [Amended] Information may be emailed to: 9-ANM- 28–AWL–21, No. 28–AWL–22, and No. 2. The FAA amends § 39.13 by adding [email protected]. 28–AWL–24 (for Model 737–600, –700, the following new airworthiness (2) Before using any approved AMOC, –700C, –800 and –900 series airplanes); notify your appropriate principal inspector, directive (AD): and No. 28–AWL–23, No. 28–AWL–24, or lacking a principal inspector, the manager and No. 28–AWL–25 (for Model 757– The Boeing Company: Docket No. FAA– of the local flight standards district office/ 200, –200PF, –200CB, and –300 series 2012–0860; Directorate Identifier 2012– certificate holding district office. airplanes). We issued that AD to prevent NM–123–AD. (j) Related Information electrical energy from lightning, hot (a) Comments Due Date (1) For more information about this AD, shorts, or fault current from entering the We must receive comments by October 11, contact Georgios Roussos, Aerospace fuel tank through the actuator shaft, 2012. Engineer, Systems and Equipment Branch, which could result in fuel tank

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explosions and consequent loss of the this proposed AD. Send your comments FAA’s Conclusions airplane. Since we issued that AD, we to an address listed under the Upon further consideration, we have have received new data indicating that ADDRESSES section. Include ‘‘Docket No. determined that existing AD 2008–06– the existing AD addresses that safety FAA–2012–0859; Directorate Identifier 03, Amendment 39–15415 (73 FR concern, but also introduces a different 2012–NM–090–AD’’ at the beginning of 13081, March 12, 2008), must be unsafe condition. your comments. We specifically invite rescinded. Accordingly, this proposed DATES: We must receive comments on comments on the overall regulatory, AD would rescind AD 2008–06–03. this proposed AD by October 11, 2012. economic, environmental, and energy Rescission of AD 2008–06–03 would not ADDRESSES: You may send comments, aspects of this proposed AD. We will preclude the FAA from issuing another using the procedures found in 14 CFR consider all comments received by the related action or commit the FAA to any 11.43 and 11.45, by any of the following closing date and may amend this course of action in the future. proposed AD because of those methods: Related Costs • Federal eRulemaking Portal: Go to comments. http://www.regulations.gov. Follow the We will post all comments we AD 2008–06–03, Amendment 39– instructions for submitting comments. receive, without change, to http:// 15415 (73 FR 13081, March 12, 2008), • affects about 1,406 airplanes of U.S. Fax: 202–493–2251. www.regulations.gov, including any • registry. The estimated cost of the Mail: U.S. Department of personal information you provide. We currently required actions for U.S. Transportation, Docket Operations, M– will also post a report summarizing each operators was $112,480 per inspection, 30, West Building Ground Floor, Room substantive verbal contact we receive and $337,440 per AWL revision; or $80 W12–140, 1200 New Jersey Avenue SE., about this proposed AD. Washington, DC 20590. per inspection, and $240 per AWL • Hand Delivery: Deliver to the Mail Discussion revision, per airplane. Rescinding AD address above between 9 a.m. and 5 2008–06–03 would eliminate those p.m., Monday through Friday, except On February 28, 2008, we issued AD costs. 2008–06–03, Amendment 39–15415 (73 Federal holidays. Authority for This Rulemaking For service information identified in FR 13081, March 12, 2008), for certain this proposed AD, contact Boeing The Boeing Company Model 737–600, Title 49 of the United States Code Commercial Airplanes, Attention: Data –700, –700C, –800 and –900 series specifies the FAA’s authority to issue & Services Management, P. O. Box 3707, airplanes; and Model 757–200, –200PF, rules on aviation safety. Subtitle I, MC 2H–65, Seattle, WA 98124–2207; –200CB, and –300 series airplanes. That Section 106, describes the authority of telephone 206–544–5000, extension 1; AD requires inspecting to determine if the FAA Administrator. Subtitle VII, fax 206–766–5680; Internet https:// certain motor-operated shutoff valve Aviation Programs, describes in more www.myboeingfleet.com. You may actuators for the fuel tanks are installed, detail the scope of the Agency’s review copies of the referenced service and related investigative and corrective authority. information at the FAA, Transport actions if necessary. That AD also We are issuing this rulemaking under Airplane Directorate, 1601 Lind Avenue requires revising the AWL section of the the authority described in Subtitle VII, SW., Renton, Washington. For Instructions for Continued Part A, Subpart III, Section 44701, information on the availability of this Airworthiness to incorporate AWL No. ‘‘General requirements.’’ Under that material at the FAA, call 425–227–1221. 28–AWL–21, No. 28–AWL–22, and No. section, Congress charges the FAA with 28–AWL–24 (for Model 737–600, –700, promoting safe flight of civil aircraft in Examining the AD Docket –700C, –800 and –900 series airplanes); air commerce by prescribing regulations You may examine the AD docket on and No. 28–AWL–23, No. 28–AWL–24, for practices, methods, and procedures the Internet at http:// and No. 28–AWL–25 (for Model 757– the Administrator finds necessary for www.regulations.gov; or in person at the 200, –200PF, –200CB, and –300 series safety in air commerce. This regulation Docket Management Facility between 9 airplanes). That AD resulted from a is within the scope of that authority a.m. and 5 p.m., Monday through design review of the fuel tank systems. because it addresses an unsafe condition Friday, except Federal holidays. The AD We issued that AD to prevent electrical that is likely to exist or develop on docket contains this proposed AD, the energy from lightning, hot shorts, or products identified in this rulemaking regulatory evaluation, any comments fault current from entering the fuel tank action. received, and other information. The through the actuator shaft, which could Regulatory Findings street address for the Docket Office result in fuel tank explosions and We have determined that this (phone: 800–647–5527) is in the consequent loss of the airplane. proposed AD would not have federalism ADDRESSES section. Comments will be available in the AD docket shortly after Actions Since Existing AD 2008–06–03, implications under Executive Order receipt. Amendment 39–15415 (73 FR 13081, 13132. This proposed AD would not March 12, 2008) Was Issued have a substantial direct effect on the FOR FURTHER INFORMATION CONTACT: States, on the relationship between the Rebel Nichols, Aerospace Engineer, Since we issued AD 2008–06–03, national Government and the States, or Propulsion Branch, ANM–140S, FAA, Amendment 39–15415 (73 FR 13081, on the distribution of power and Seattle Aircraft Certification Office, March 12, 2008), we discovered that the responsibilities among the various 1601 Lind Avenue SW., Renton, WA corrective action addresses that safety levels of government. 98057–3356; phone: (425) 917–6509; concern, but also introduces a different For the reasons discussed above, I fax: (425) 917–6590; email: unsafe condition. The manufacturer is certify that the proposed regulation: [email protected]. developing a more complete solution to (1) Is not a ‘‘significant regulatory SUPPLEMENTARY INFORMATION: address both unsafe conditions. We will action’’ under Executive Order 12866; consider additional rulemaking to (2) Is not a ‘‘significant rule’’ under Comments Invited require a new solution once that the DOT Regulatory Policies and We invite you to send any written solution is developed, approved, and Procedures (44 FR 11034, February 26, relevant data, views, or arguments about available for accomplishment. 1979);

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(3) Will not affect intrastate aviation DEPARTMENT OF TRANSPORTATION 11.43 and 11.45, by any of the following in Alaska; and methods: Federal Aviation Administration • (4) Will not have a significant Federal eRulemaking Portal: Go to economic impact, positive or negative, http://www.regulations.gov. Follow the 14 CFR Part 39 instructions for submitting comments. on a substantial number of small entities • Fax: 202–493–2251. under the criteria of the Regulatory [Docket No. FAA–2011–0258; Directorate • Mail: U.S. Department of Flexibility Act. Identifier 2010–NM–191–AD] Transportation, Docket Operations, M– 30, West Building Ground Floor, Room List of Subjects in 14 CFR Part 39 RIN 2120–AA64 W12–140, 1200 New Jersey Avenue SE., Air transportation, Aircraft, Aviation Washington, DC 20590. Airworthiness Directives; The Boeing • safety, Incorporation by reference, Company Hand Delivery: U.S. Department of Safety. Transportation, Docket Operations, M– AGENCY: Federal Aviation 30, West Building Ground Floor, Room The Proposed Amendment Administration (FAA), DOT. W12–140, 1200 New Jersey Avenue SE., Accordingly, under the authority ACTION: Supplemental notice of Washington, DC 20590, between 9 a.m. delegated to me by the Administrator, proposed rulemaking (NPRM); and 5 p.m., Monday through Friday, the FAA proposes to amend 14 CFR part reopening of comment period. except Federal holidays. 39 as follows: For service information identified in SUMMARY: We are revising an earlier this proposed AD, contact Boeing PART 39—AIRWORTHINESS proposed airworthiness directive (AD) Commercial Airplanes, Attention: Data DIRECTIVES for certain The Boeing Company Model & Services Management, P.O. Box 3707, 737–600, –700, –700C, –800, –900, and MC 2H–65, Seattle, Washington 98124– 1. The authority citation for part 39 –900ER series airplanes. That NPRM 2207; telephone 206–544–5000, continues to read as follows: proposed to require, for certain extension 1, fax 206–766–5680; Internet airplanes, installing two warning level https://www.myboeingfleet.com. You Authority: 49 U.S.C. 106(g), 40113, 44701. indicator lights on each of the P1–3 and may review copies of the referenced § 39.13 [Amended] P3–1 instrument panels in the flight service information at the FAA, compartment. That NPRM also Transport Airplane Directorate, 1601 2. The FAA amends § 39.13 by proposed to require revising the Lind Avenue SW., Renton, Washington. removing airworthiness directive (AD) airplane flight manual to remove certain For information on the availability of 2008–06–03, Amendment 39–15415 (73 requirements of previous AD actions, this material at the FAA, call 425–227– FR 13081, March 12, 2008), and adding and to advise the flightcrew of the 1221. the following new AD: following changes: revised non-normal procedures to use when a cabin altitude Examining the AD Docket The Boeing Company: Docket No. FAA– warning or rapid depressurization You may examine the AD docket on 2012–0859; Directorate Identifier 2012– occurs, and revised cabin pressurization the Internet at http:// NM–090–AD. procedures for normal operations. That www.regulations.gov; or in person at the Comments Due Date NPRM was prompted by a design Docket Management Facility between 9 (a) The FAA must receive comments on change in the cabin altitude warning a.m. and 5 p.m., Monday through this AD action by October 11, 2012. system that would address the Friday, except Federal holidays. The AD identified unsafe condition. This action docket contains this proposed AD, the Affected ADs revises that NPRM by adding airplanes regulatory evaluation, any comments (b) This action rescinds AD 2008–06–03, to the applicability; adding airplanes to received, and other information. The Amendment 39–15415 (73 FR 13081, March the installation requirement, including, street address for the Docket Office 12, 2008). for certain airplanes, replacing the (phone: 800–647–5527) is in the ADDRESSES section. Comments will be Applicability existing P5–16 and P5–10 panels; and, for certain airplanes, replacing the basic available in the AD docket shortly after (c) This action applies to The Boeing P5–16 panel with a high altitude receipt. Company Model 737–600, –700, –700C, –800 landing P5–16 panel. We are proposing FOR FURTHER INFORMATION CONTACT: and –900 series airplanes; and Model 757– this supplemental NPRM to prevent Jeffrey W. Palmer, Aerospace Engineer, 200, –200PF, –200CB, and –300 series failure of the flightcrew to recognize and Systems and Equipment Branch, ANM– airplanes; certificated in any category; as react to a valid cabin altitude warning 130S, FAA, Seattle Aircraft Certification identified in Boeing Alert Service Bulletins horn, which could result in Office, 1601 Lind Avenue SW., Renton, 737–28A1207, dated February 15, 2007, and incapacitation of the flightcrew due to 757–28A0088, dated January 25, 2007. Washington 98057–3356; phone: (425) hypoxia (lack of oxygen in the body), 917–6472; fax: (425) 917–6590; email: Issued in Renton, Washington, on August and consequent loss of control of the [email protected]. 17, 2012. airplane. Since these actions impose an SUPPLEMENTARY INFORMATION: Ali Bahrami, additional burden over that proposed in Manager, Transport Airplane Directorate, the NPRM, we are reopening the Comments Invited Aircraft Certification Service. comment period to allow the public the We invite you to send any written [FR Doc. 2012–20968 Filed 8–24–12; 8:45 am] chance to comment on these proposed relevant data, views, or arguments about changes. BILLING CODE 4910–13–P this proposed AD. Send your comments DATES: We must receive comments on to an address listed under the this supplemental NPRM by October 11, ADDRESSES section. Include ‘‘Docket No. 2012. FAA–2011–0258; Directorate Identifier ADDRESSES: You may send comments, 2010–NM–191–AD’’ at the beginning of using the procedures found in 14 CFR your comments. We specifically invite

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comments on the overall regulatory, airplanes that were identified in table 1 Comments economic, environmental, and energy of the previous NPRM) and clarify We gave the public the opportunity to aspects of this proposed AD. We will certain actions and figures. We have comment on the previous NPRM (76 FR consider all comments received by the changed paragraph (c) of this 16579, March 24, 2011). The following closing date and may amend this supplemental NPRM to refer to the presents the comments received on the proposed AD because of those airplanes identified in Boeing Alert NPRM and the FAA’s response to each comments. Service Bulletin 737–31A1332, Revision comment. We will post all comments we 3, dated March 28, 2012. We have also receive, without change, to http:// included Revision 3 as the appropriate Support for NPRM (76 FR 16579, www.regulations.gov, including any source of service information for March 24, 2011) personal information you provide. We accomplishing the required actions of Air Line Pilot’s Association will also post a report summarizing each this supplemental NPRM. We have also International supports the previous substantive verbal contact we receive included credit for actions NPRM (76 FR 16579, March 24, 2011). about this proposed AD. accomplished using Boeing Alert Request To Extend Compliance Time Discussion Service Bulletin 737–31A1332, Revision 1, dated June 24, 2010; or Boeing Alert We issued an NPRM to amend 14 CFR American Airlines (AAL) stated that it part 39 to include an AD that would Service Bulletin 737–31A1332, Revision started a program for accomplishing the apply to certain The Boeing Company 2, dated August 18, 2011; provided actions specified in Boeing Alert Service Model 737–600, –700, –700C, –800, certain actions have been done on Bulletin 737–31A1332, Revision 1, –900, and –900ER series airplanes. That certain airplanes. dated June 24, 2010. AAL added that NPRM published in the Federal Boeing Alert Service Bulletin 737– adoption of a 36-month accomplishment Register on March 24, 2011 (76 FR 31A1332, Revision 3, dated March 28, schedule will result in six airplanes on 16579). That NPRM proposed to require 2012, includes concurrent which the actions cannot be completed installing two warning level indicator accomplishment of Boeing Service during its normal heavy maintenance lights on each of the P1–3 and P3–1 Bulletin 737–21–1171, dated February schedule; therefore, a special higher- instrument panels in the flight 12, 2009, for certain airplanes. Boeing cost visit will have to be scheduled for compartment. That NPRM also Service Bulletin 737–21–1171, dated those airplanes. AAL noted that the proposed to require revising the February 12, 2009, describes procedures current flight manual procedures will airplane flight manual to remove certain for replacing the basic P5–16 panel with remain in place until all airplanes are requirements of previous AD actions, a high altitude landing P5–16 panel. modified. We infer that AAL is asking and to advise the flightcrew of the that the compliance time be extended to following changes: Revised non-normal Related Rulemaking coincide with its normal heavy maintenance schedule. procedures to use when a cabin altitude On August 7, 2009, we issued AD warning or rapid depressurization We partially agree with the 2009–16–07, Amendment 39–15990 (74 commenter. occurs, and revised cabin pressurization FR 41607, August 18, 2009), for certain procedures for normal operations. We agree with the commenter’s Model 737–600, –700, –700C, –800, and intention to keep its current flight Actions Since Previous NPRM (76 FR –900 series airplanes. That AD requires manual procedures in place until all 16579, March 24, 2011) Was Issued replacing brackets that hold the P5 airplanes in its fleet have been panel to the airplane structure, the Since we issued the previous NPRM modified. This will maintain standby compass bracket assembly, the (76 FR 16579, March 24, 2011), we have continuous standardization of operating generator drive and standby power determined that additional airplanes are procedures across the operator’s fleet, module, and the air conditioning affected by the identified unsafe allowing operation of all airplanes in its module. That AD also requires among condition, the installation of two fleet under one common set of operating other actions, inspecting for wire length warning level indicator lights must be procedures at all times. Since the and for damage of the connectors and done on additional airplanes (i.e., previous NPRM (76 FR 16579, March the wire bundles and doing applicable airplanes with the high altitude landing 24, 2011) proposed to require airplane corrective actions if necessary. That AD configuration of the cabin altitude flight manual changes before further also requires an additional operational warning system), and for certain flight after accomplishing the required test of the P5–14 panel. airplanes, a replacement of the basic airplane modification, increasing the P5–16 panel with a high altitude For airplanes on which the compliance time requirement for the landing P5–16 panel must be done. And modification specified in Boeing Alert airplane flight manual changes is for certain other airplanes replacement Service Bulletin 737–31A1332, Revision necessary in order to allow operators the of the existing P5–16 and P5–10 panels 1, dated June 24, 2010; or Boeing Alert ability to provide this standardization of must be done. Service Bulletin 737–31A1332, Revision operating procedures. We have 2, dated August 18, 2011; was done, determined that since all airplanes are Revised Service Information those actions could result in non- required to be modified within 36 We have reviewed Boeing Alert compliance with the actions required by months, those airplanes must also have Service Bulletin 737–31A1332, Revision AD 2009–16–07, Amendment 39–15990 the required airplane flight manual 3, dated March 28, 2012. The previous (74 FR 41607, August 18, 2009). For changes incorporated within the same NPRM (76 FR 16579, March 24, 2011), airplanes on which the modification in time frame, but not before the required referred to Boeing Alert Service Bulletin Boeing Alert Service Bulletin 737– airplane modifications have been 737–31A1332, Revision 1, dated June 31A1332, Revision 3, dated March 28, accomplished. We have increased the 24, 2010, as the appropriate source of 2012, was done, those actions comply compliance time for the airplane flight service information for doing the with the actions required by AD 2009– manual revision required by paragraph proposed actions. Boeing has revised 16–07. In light of these factors, operators (j) of this supplemental NPRM to within this service information to add airplanes should ensure compliance with AD 36 months after the effective date of this to the effectivity (including the 2009–16–07. AD and after doing the airplane

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modifications required by paragraph (g) incorporated the actions specified in Request To Clarify Component of this AD. Boeing Alert Service Bulletin 737– Maintenance Manual (CMM) Reference We do not agree to increase the 31A1332, dated January 7, 2010, DAL asked that we clarify the CMM compliance time for the modification. affected operators may request an reference specified in paragraph 1.K. We acknowledge that in some cases it alternative method of compliance ‘‘Publications Affected’’ of Boeing Alert may be necessary to accomplish AD (AMOC) under the provisions of requirements outside of normal Service Bulletin 737–31A1332, Revision paragraph (m)(1) of this supplemental 1, dated June 24, 2010. DAL stated that maintenance schedules and that NPRM by submitting data substantiating additional cost can be incurred. this section refers to CMM 31–53; that the change would provide an However, we performed a risk however, the correct references should acceptable level of safety. We have not assessment which indicates that a 36- be CMM 31–11–30 and CMM 31–11–59. month compliance time for changed the supplemental NPRM in this DAL notified Boeing of this accomplishing the modification is the regard. discrepancy; Boeing agreed that the longest acceptable compliance time reference in this service bulletin is Request To Clarify Certain Notes in the incorrect and indicated that it would be allowed, in order to provide continued Service Information operational safety. In developing an corrected in a future revision. appropriate compliance time, we DAL asked that we clarify the We acknowledge the commenter’s considered the safety implications and instructions in certain notes specified in concern; however, the list of normal maintenance schedules for Boeing Alert Service Bulletin 737– publications does not affect the actions required by the AD. In addition, Boeing timely accomplishment of the actions. 31A1332, Revision 1, dated June 24, Alert Service Bulletin 737–31A1332, In light of this, we have determined that 2010. DAL stated that paragraph (g) of a 36-month interval is appropriate. Revision 3, dated March 28, 2012, the previous NPRM (76 FR 16579, changed note (c) in Figures 1 and 2 to Under the provisions of paragraph March 24, 2011) requires operators to (m)(1) of the supplemental NPRM, we provide the correct BAE Systems CMM install warning level indicator lights in references. We have made no change to will consider requests for approval of an accordance with the Accomplishment extension of the compliance time if the supplemental NPRM in this regard. Instructions of Boeing Alert Service sufficient data are submitted to Bulletin 737–31A1332, Revision 1, Request To Include Contact substantiate that the extension would Information for BAE Systems provide an acceptable level of safety. dated June 24, 2010. DAL added that We have made no change to the Figure 1, Note (b), and Figure 2, Note (b) DAL asked that we include contact compliance time requirement in of that service bulletin specify that information in the AD so operators can paragraph (g) of the supplemental operators can get the new part by obtain the applicable BAE Systems NPRM. reworking the existing part; Figure 3, service bulletins referenced in Boeing Delta Airlines (DAL) asked that the Notes (a) and (b) also specify reworking Alert Service Bulletin 737–31A1332, previous NPRM (76 FR 16579, March the panels. DAL noted that these figures Revision 1, dated June 24, 2010, for 24, 2011) include a provision specifying specify that the rework is done by using reworking the existing part. DAL noted that airplanes on which Boeing Alert the procedures in the referenced BAE that the BAE service bulletins contain Service Bulletin 737–31A1332, dated Systems service bulletins. DAL added procedures for reworking the existing January 7, 2010, has been done are in that Figure 1, Note (b) states ‘‘You can P1–3 and P3–1 panels. DAL added that compliance with the proposed get the new part by reworking the paragraph (m) of the previous NPRM (76 requirements. DAL stated that Boeing existing part as given in BAE Systems FR 16579, March 24, 2011) identifies Alert Service Bulletin 737–31A1332, SB 233A2221–31–01, BAE Systems SB Boeing contact information, but does not include BAE Systems contact Revision 1, dated June 24, 2010, 233A2221–31–02, and BAE Systems SB information. indicates that no more work is necessary 233A2221–31–03.’’ DAL stated that on airplanes changed in accordance We do not agree with the commenter. rework of the panel in accordance with with the original issue of that service The BAE Systems service bulletins are only one of the three BAE Systems bulletin. DAL added that although it has not referred to in this supplemental not done the actions in Boeing Alert service bulletins is required, based on NPRM; therefore, the BAE Systems Service Bulletin 737–31A1332, dated the number of the panel to be modified. contact information is not included. January 7, 2010, there may be other DAL noted that it is not possible to Operators should contact Boeing for any operators that have. DAL suggested that accomplish all three of the BAE Systems additional documents referred to in the previous NPRM include a paragraph service bulletins on one panel since Boeing Alert Service Bulletin 737– to address those airplanes. each service bulletin is applicable to a 31A1332, Revision 1, dated June 24, We do not agree with the commenter. unique set of part numbers. 2010; Revision 2, dated August 18, Boeing Alert Service Bulletin 737– We do not agree with the commenter. 2011, or Revision 3, dated March 28, 31A1332, dated January 7, 2010, was The manufacturer has not identified the 2012. We have made no change to the only approved for use on one airplane dash level of the part numbers in the supplemental NPRM in this regard. to validate the Accomplishment subject notes of the referenced figures Instructions. That validation revealed Request To Remove Certain Language specified in Boeing Alert Service that extensive corrections to the in the Limitations Section of the AFM Bulletin 737–31A1332, Revision 1, instructions were necessary to Boeing asked that we change dated June 24, 2010. The intent of the accomplish the modification; therefore, paragraph (h)(3)(ii) of the previous it did not receive FAA approval for notes is to allow rework of the NPRM (76 FR 16579, March 24, 2011), fleetwide use. In light of this, no credit applicable dash number part according paragraph (j)(3)(ii) of this supplemental is allowed for prior accomplishment of to the applicable BAE component NPRM, to remove the language ‘‘For the actions required by this service bulletin, not by using all three normal operations, the pressurization supplemental NPRM using Boeing Alert BAE component service bulletins. We mode selector should be in AUTO prior Service Bulletin 737–31A1332, dated have made no change to the to takeoff.’’ Boeing stated that this step January 7, 2010. If any operators supplemental NPRM in this regard. is already included in the Boeing Flight

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Crew Operations Manual Preflight direct costs of the specific required relevant information and determined Checklist for the First Officer. actions. Based on the best data the unsafe condition described We do not agree with the commenter. available, the manufacturer provided previously is likely to exist or develop We find that there is relevant accident the number of work hours necessary to in other products of the same type history associated with incorrect setting do the required actions. This number design. Certain changes described above of this specific switch; therefore, represents the time necessary to perform expand the scope of the original NPRM continued emphasis on the proper only the actions actually required by (76 FR 16579, March 24, 2011). As a positioning of the switch prior to takeoff this supplemental NPRM. We recognize result, we have determined that it is is required in the airplane flight manual. that, in doing the actions required by an necessary to reopen the comment period We have made no change to the AD, operators might incur incidental to provide additional opportunity for supplemental NPRM in this regard. costs in addition to the direct costs. But the public to comment on this Request To Increase Work-Hours the cost analysis in AD rulemaking supplemental NPRM. actions typically does not include AAL asked that we increase the work Proposed Requirements of the incidental costs such as the time hours specified in the previous NPRM Supplemental NPRM necessary for planning, airplane down (76 FR 16579, March 24, 2011). AAL time, or time necessitated by other stated that an evaluation of the This supplemental NPRM would referenced service information on its administrative actions. Those incidental require accomplishing the actions prototype airplane resulted in a work- costs, which might vary significantly specified in the service information hour requirement of 2.5 times greater among operators, are almost impossible described previously. to calculate. We have made no change than the 64 hours specified in the Costs of Compliance previous NPRM. AAL added that a to the supplemental NPRM in this better estimate for completing the entire regard. We estimate that this proposed AD modification would be 140 work-hours. FAA’s Determination would affect 870 airplanes of U.S. We do not agree with the commenter. registry. The following table provides The cost information in this We are proposing this supplemental the estimated costs for U.S. operators to supplemental NPRM describes only the NPRM because we evaluated all the comply with this proposed AD.

TABLE—ESTIMATED COSTS

Number of Action Work hours Average labor Parts Cost per product U.S.-registered Fleet cost rate per hour airplanes

Installation of warn- Between 34 and 84 $85 Between $2,172 Between $5,062 870 Between ing indicator lights. and $5,238. and $12,378. $4,403,940 and $10,768,860. AFM revision ...... 2 ...... 85 $0 ...... $170 ...... 870 $147,900.

Authority for This Rulemaking proposed AD would not have a The Proposed Amendment substantial direct effect on the States, on Title 49 of the United States Code the relationship between the national Accordingly, under the authority specifies the FAA’s authority to issue delegated to me by the Administrator, rules on aviation safety. Subtitle I, Government and the States, or on the distribution of power and the FAA proposes to amend 14 CFR part section 106, describes the authority of 39 as follows: the FAA Administrator. ‘‘Subtitle VII: responsibilities among the various Aviation Programs’’ describes in more levels of government. PART 39—AIRWORTHINESS detail the scope of the Agency’s For the reasons discussed above, I DIRECTIVES authority. certify this proposed regulation: 1. The authority citation for part 39 We are issuing this rulemaking under (1) Is not a ‘‘significant regulatory continues to read as follows: the authority described in Subtitle VII, action’’ under Executive Order 12866, Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘General requirements.’’ Under that (2) Is not a ‘‘significant rule’’ under section, Congress charges the FAA with the DOT Regulatory Policies and § 39.13 [Amended] Procedures (44 FR 11034, February 26, promoting safe flight of civil aircraft in 2. The FAA amends § 39.13 by adding air commerce by prescribing regulations 1979), the following new airworthiness for practices, methods, and procedures (3) Will not affect intrastate aviation directive (AD): the Administrator finds necessary for in Alaska, and The Boeing Company: Docket No. FAA– safety in air commerce. This regulation (4) Will not have a significant 2011–0258; Directorate Identifier 2010– is within the scope of that authority economic impact, positive or negative, NM–191–AD. because it addresses an unsafe condition on a substantial number of small entities that is likely to exist or develop on (a) Comments Due Date under the criteria of the Regulatory products identified in this rulemaking We must receive comments by October 11, action. Flexibility Act. 2012. Regulatory Findings List of Subjects in 14 CFR Part 39 (b) Affected ADs This AD affects the ADs identified in We determined that this proposed AD Air transportation, Aircraft, Aviation paragraphs (b)(1), (b)(2), and (b)(3) of this AD. would not have federalism implications safety, Incorporation by reference, This AD does not supersede the requirements under Executive Order 13132. This Safety. of these ADs.

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(1) AD 2003–14–08, Amendment 39–13227 2012: Prior to or concurrently with doing the (j) Airplane Flight Manual (AFM) Revisions (68 FR 41519, July 14, 2003). actions required by paragraph (g) of this AD, Within 36 months after the effective date (2) AD 2006–13–13, Amendment 39–14666 replace the basic P5–16 panel with a high of this AD, and after doing the installation (71 FR 35781, June 22, 2006). altitude landing P5–16 panel, in accordance required by paragraph (g) of this AD, do the (3) AD 2008–23–07, Amendment 39–15728 with the Accomplishment Instructions of (73 FR 66512, November 10, 2008). Boeing Service Bulletin 737–21–1171, dated actions specified in paragraphs (j)(1), (j)(2), February 12, 2009. and (j)(3) of this AD. (c) Applicability (1) Revise the Limitations Section of the This AD applies to The Boeing Company (i) Credit for Previous Actions applicable Boeing 737 AFM by doing the Model 737–600, –700, –700C, –800, –900, (1) For Group 1 airplanes identified in following action: Delete the ‘‘CABIN and –900ER series airplanes, certificated in Boeing Alert Service Bulletin 737–31A1332, ALTITUDE WARNING TAKEOFF any category; identified in Boeing Alert Revision 1, dated June 24, 2010; except BRIEFING’’ added by AD 2008–23–07, Service Bulletin 737–31A1332, Revision 3, Groups 24, 25, and 27 through 33 airplanes Amendment 39–15728 (73 FR 66512, dated March 28, 2012. identified in Boeing Alert Service Bulletin November 10, 2008). (d) Subject 737–31A1332, Revision 3, dated March 28, (2) Revise the Non-Normal Procedures 2012: This paragraph provides credit for the Section of the applicable Boeing 737 AFM by Air Transport Association (ATA) of corresponding actions required by paragraph doing the actions specified in paragraphs America Code 31, Instruments. (g) of this AD if those actions were performed (j)(2)(i), (j)(2)(ii), (j)(2)(iii), and (j)(2)(iv) of (e) Unsafe Condition before the effective date of this AD using this AD. Boeing Alert Service Bulletin 737–31A1332, (i) Delete the procedure titled ‘‘WARNING This AD was prompted by a design change Revision 1, dated June 24, 2010, which is not in the cabin altitude warning system that HORN—CABIN ALTITUDE OR incorporated by reference. CONFIGURATION’’ added by AD 2006–13– would address the identified unsafe (2) For airplanes identified in Boeing Alert 13, Amendment 39–14666 (71 FR 35781, condition. We are issuing this AD to prevent Service Bulletin 737–31A1332, Revision 2, June 22, 2006). If the title of this procedure failure of the flightcrew to recognize and dated August 18, 2011; except airplanes react to a valid cabin altitude warning horn, identified in paragraph (i)(3) of this AD and has been changed according to FAA which could result in incapacitation of the Groups 24, 25, and 27 through 33 airplanes alternative method of compliance (AMOC) flightcrew due to hypoxia (lack of oxygen in identified in Boeing Alert Service Bulletin Letter 130S–09–134a, dated April 28, 2009, the body) and consequent loss of control of 737–31A1332, Revision 3, dated March 28, delete the procedure that was approved the airplane. 2012: This paragraph provides credit for the according to this AMOC letter. (f) Compliance corresponding actions required by paragraph (ii) Delete the procedure titled ‘‘CABIN ALTITUDE WARNING OR RAPID Comply with this AD within the (g) of this AD if those actions were performed before the effective date of this AD using DEPRESSURIZATION’’ added by AD 2003– compliance times specified, unless already 14–08, Amendment 39–13227 (68 FR 41519, done. Boeing Alert Service Bulletin 737–31A1332, Revision 2, dated August 18, 2011, which is July 14, 2003). (g) Installation not incorporated by reference. (iii) If the procedure titled ‘‘CABIN Within 36 months after the effective date (3) For Group 21, Configuration 2 airplanes ALTITUDE (Airplanes with the CABIN of this AD, install two warning level identified in Boeing Alert Service Bulletin ALTITUDE lights installed)’’ is currently indicator lights on each of the P1–3 and P3– 737–31A1332, Revision 3, dated March 28, contained in the applicable Boeing 737 AFM, 1 instrument panels in the flight 2012: This paragraph provides credit for the delete the procedure titled ‘‘CABIN compartment, and as applicable, replace the corresponding actions required by paragraph ALTITUDE (Airplanes with the CABIN existing P5–16 and P5–10 panels, in (g) of this AD if those actions were performed ALTITUDE lights installed).’’ accordance with the Accomplishment before the effective date of this AD using (iv) Add the following statement. This may Instructions of Boeing Alert Service Bulletin Boeing Alert Service Bulletin 737–31A1332, be done by inserting a copy of this AD into 737–31A1332, Revision 3, dated March 28, Revision 2, dated August 18, 2011, which is the applicable AFM. 2012. not incorporated by reference; and provided that Boeing Service Bulletin 737–21–1171, ‘‘CABIN ALTITUDE WARNING OR RAPID (h) Concurrent Requirements dated February 12, 2009, was accomplished DEPRESSURIZATION For Group 21, Configuration 2 airplanes, as prior to or concurrently with the actions in Condition: The CABIN ALTITUDE warning identified in Boeing Alert Service Bulletin Boeing Alert Service Bulletin 737–31A1332, light illuminates or the intermittent warning 737–31A1332, Revision 3, dated March 28, Revision 2, dated August 18, 2011. horn sounds in flight above 10,000 ft MSL.

RECALL Oxygen Masks and Regulators ...... ON, 100% Crew Communications ...... ESTABLISH REFERENCE Pressurization Mode Selector ...... MANUAL Outflow Valve Switch ...... CLOSE If Cabin Altitude is uncontrollable: Emergency Descent (If Required) ...... INITIATE Passenger Oxygen Switch ...... ON Thrust Levers ...... CLOSE Speed Brakes ...... FLIGHT DETENT Target Speed ...... MO/MMO’’

Note 1 to paragraphs (j)(2)(iv) and (j)(3)(ii) the actions specified in paragraphs (j)(3)(i) For normal operations, the pressurization of this AD: When statements identical to and (j)(3)(ii) of this AD. mode selector should be in AUTO prior to those specified in paragraphs (j)(2)(iv) and (i) Delete the procedure titled ‘‘CABIN takeoff. (j)(3)(ii) of this AD have been included in the ALTITUDE WARNING TAKEOFF general revisions of the AFM, the general BRIEFING’’ procedure added by AD 2008– (k) Terminating Action for Affected ADs revisions may be inserted into the AFM, and 23–07, Amendment 39–15728 (73 FR 66512, Accomplishing the requirements of this AD the copies of this AD may be removed from November 10, 2008). terminates the requirements of the ADs the AFM. (ii) Add the following statement. This may identified in paragraphs (k)(1), (k)(2), and (3) Revise the Normal Procedures Section be done by inserting a copy of this AD into (k)(3) of this AD for only the airplanes of the applicable Boeing 737 AFM by doing the applicable AFM. identified in paragraph (c) of this AD.

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(1) AD 2003–14–08, Amendment 39–13227 DEPARTMENT OF TRANSPORTATION Examining the AD Docket (68 FR 41519, July 14, 2003): The You may examine the AD docket on requirements specified in Table 1 and Figure Federal Aviation Administration the Internet at http:// 1 of that AD. www.regulations.gov; or in person at the (2) AD 2006–13–13, Amendment 39–14666 14 CFR Part 39 Docket Operations office between 9 a.m. (71 FR 35781, June 22, 2006): All and 5 p.m., Monday through Friday, requirements of that AD. [Docket No. FAA–2012–0810; Directorate except Federal holidays. The AD docket (3) AD 2008–23–07, Amendment 39–15728 Identifier 2011–NM–195–AD] (73 FR 66512, November 10, 2008): All contains this proposed AD, the requirements of that AD. RIN 2120–AA64 regulatory evaluation, any comments received, and other information. The (l) Special Flight Permit Airworthiness Directives; Airbus street address for the Docket Operations Special flight permits, as described in Airplanes office (telephone (800) 647–5527) is in Section 21.197 and Section 21.199 of the the ADDRESSES section. Comments will AGENCY: Federal Aviation be available in the AD docket shortly Federal Aviation Regulations (14 CFR 21.197 Administration (FAA), DOT. and 21.199), are not allowed. after receipt. ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: (m) Alternative Methods of Compliance (NPRM). (AMOCs) Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, (1) The Manager, Seattle ACO, FAA, has SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Transport Airplane Directorate, FAA, the authority to approve AMOCs for this AD, 1601 Lind Avenue SW., Renton, if requested using the procedures found in 14 Airbus Model A330–200, A330–300, A340–200 and A340–300 series Washington 98057–3356; telephone CFR 39.19. In accordance with 14 CFR 39.19, (425) 227–1138; fax (425) 227–1149. send your request to your principal inspector airplanes. This proposed AD was SUPPLEMENTARY INFORMATION: or local Flight Standards District Office, as prompted by a report that revealed the appropriate. If sending information directly wheel axles of the main landing gear Comments Invited to the manager of the ACO, send it to the (MLG) were machined with a radius as small as 0.4 millimeters. This proposed We invite you to send any written attention of the person identified in the relevant data, views, or arguments about Related Information section of this AD. AD would require replacing the wheel axle of the MLG with a serviceable part. this proposed AD. Send your comments Information may be emailed to: 9-ANM- to an address listed under the [email protected]. We are proposing this AD to prevent ADDRESSES section. Include ‘‘Docket No. (2) Before using any approved AMOC, fatigue of the wheel axle of the MLG, FAA–2012–0810; Directorate Identifier notify your appropriate principal inspector, which could adversely affect the 2011–NM–195–AD’’ at the beginning of or lacking a principal inspector, the manager structural integrity of the airplane. your comments. We specifically invite of the local flight standards district office/ DATES: We must receive comments on comments on the overall regulatory, certificate holding district office. this proposed AD by October 11, 2012. economic, environmental, and energy (n) Related Information ADDRESSES: You may send comments by aspects of this proposed AD. We will any of the following methods: consider all comments received by the (1) For more information about this AD, • contact Jeffrey W. Palmer, Aerospace Federal eRulemaking Portal: Go to closing date and may amend this Engineer, Systems and Equipment Branch, http://www.regulations.gov. Follow the proposed AD based on those comments. instructions for submitting comments. We will post all comments we ANM–130S, FAA, Seattle Aircraft • Certification Office, 1601 Lind Avenue SW., Fax: (202) 493–2251. receive, without change, to http:// • Renton, Washington 98057–3356; phone: Mail: U.S. Department of www.regulations.gov, including any (425) 917–6472; fax: (425) 917–6590; email: Transportation, Docket Operations, M– personal information you provide. We [email protected]. 30, West Building Ground Floor, Room will also post a report summarizing each (2) For service information identified in W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive this AD, contact Boeing Commercial Washington, DC 20590. about this proposed AD. • Hand Delivery: U.S. Department of Airplanes, Attention: Data & Services Discussion Management, P.O. Box 3707, MC 2H–65, Transportation, Docket Operations, M– Seattle, Washington 98124–2207; telephone 30, West Building Ground Floor, Room The European Aviation Safety Agency 206–544–5000, extension 1, fax 206–766– W12–140, 1200 New Jersey Avenue SE., (EASA), which is the Technical Agent 5680; Internet https:// Washington, DC, between 9 a.m. and 5 for the Member States of the European www.myboeingfleet.com. You may review p.m., Monday through Friday, except Community, has issued EASA copies of the referenced service information Federal holidays. Airworthiness Directive 2011–0170, at the FAA, Transport Airplane Directorate, For service information identified in dated September 7, 2011 (referred to 1601 Lind Avenue SW., Renton, Washington. this proposed AD, contact Airbus SAS— after this as ‘‘the MCAI’’), to correct an For information on the availability of this Airworthiness Office—EAL, 1 Rond unsafe condition for the specified material at the FAA, call 425–227–1221. Point Maurice Bellonte, 31707 Blagnac products. The MCAI states: Issued in Renton, Washington, on August Cedex, France; telephone +33 5 61 93 36 EASA has received a report via Airbus and 10, 2012. 96; fax +33 5 61 93 45 80; email Messier-Bugatti-Dowty Ltd, from a [email protected]; Maintenance repair organisation, concerning Ali Bahrami, Internet http://www.airbus.com. You a specific repair, accomplished on certain Manager, Transport Airplane Directorate, may review copies of the referenced MLG wheel axles. Investigations revealed Aircraft Certification Service. service information at the FAA, that the axles have been machined with a [FR Doc. 2012–20880 Filed 8–24–12; 8:45 am] radius as small as 0.4 mm. Transport Airplane Directorate, 1601 This condition, if not corrected, has a BILLING CODE 4910–13–P Lind Avenue SW., Renton, Washington. detrimental effect on the fatigue lives of these For information on the availability of parts, possibly affecting the structural this material at the FAA, call 425–227– integrity of the aeroplane. Fatigue analyses 1221. were performed, the results of which

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indicated that the life limit of the affected the FAA Administrator. ‘‘Subtitle VII: § 39.13 [Amended] MLG wheel axles must be reduced to below Aviation Programs,’’ describes in more 2. The FAA amends § 39.13 by adding the one stated in the A330 and A340 Airbus detail the scope of the Agency’s the following new AD: Airworthiness Limitation Section (ALS) Part 1. authority. Airbus: Docket No. FAA–2012–0810; For the reasons described above, this We are issuing this rulemaking under Directorate Identifier 2011–NM–195–AD. [EASA] AD requires the replacement of the the authority described in ‘‘Subtitle VII, (a) Comments Due Date MLG wheel axles before reaching the new Part A, Subpart III, Section 44701: reduced demonstrated life limit. General requirements.’’ Under that We must receive comments by October 11, 2012. You may obtain further information by section, Congress charges the FAA with examining the MCAI in the AD docket. promoting safe flight of civil aircraft in (b) Affected ADs air commerce by prescribing regulations None. Relevant Service Information for practices, methods, and procedures (c) Applicability Airbus has issued All Operator Telex the Administrator finds necessary for A330–32A3256, dated August 24, 2011, safety in air commerce. This regulation This AD applies to certain Airbus Model including Appendix 1, dated August 23, is within the scope of that authority A330–201, –202, –203, –223, –243, –301, 2011 (for Model A330–200 and –300 –302, –303, –321, –322, –323, –341, –342, because it addresses an unsafe condition and –343 airplanes; and Model A340–211, series airplanes); and All Operator Telex that is likely to exist or develop on –212, –213, –311, –312, and –313 airplanes; A340–32A4292, dated August 24, 2011, products identified in this rulemaking certificated in any category; all manufacturer including Appendix 1, dated August 23, action. serial numbers, except those on which 2011 (for Model A340–200 and –300 Airbus modification 54500 has been series airplanes). The actions described Regulatory Findings embodied in production. in this service information are intended We determined that this proposed AD (d) Subject to correct the unsafe condition would not have federalism implications identified in the MCAI. Air Transport Association (ATA) of under Executive Order 13132. This America Code 32: Landing Gear. FAA’s Determination and Requirements proposed AD would not have a (e) Reason of This Proposed AD substantial direct effect on the States, on the relationship between the national This AD was prompted by a report that This product has been approved by Government and the States, or on the revealed the wheel axles were machined with the aviation authority of another distribution of power and a radius as small as 0.4 millimeters. We are country, and is approved for operation responsibilities among the various issuing this AD to prevent fatigue of the in the United States. Pursuant to our wheel axle of the main landing gear (MLG), levels of government. bilateral agreement with the State of which could adversely affect the structural Design Authority, we have been notified For the reasons discussed above, I integrity of the airplane. certify this proposed regulation: of the unsafe condition described in the (f) Compliance MCAI and service information 1. Is not a ‘‘significant regulatory You are responsible for having the actions referenced above. We are proposing this action’’ under Executive Order 12866; required by this AD performed within the AD because we evaluated all pertinent 2. Is not a ‘‘significant rule’’ under the compliance times specified, unless the information and determined an unsafe DOT Regulatory Policies and Procedures actions have already been done. condition exists and is likely to exist or (44 FR 11034, February 26, 1979); (g) Definitions develop on other products of the same 3. Will not affect intrastate aviation in type design. (1) For the purpose of this AD, an affected Alaska; and MLG wheel axle is defined as a MLG axle Costs of Compliance 4. Will not have a significant having a part number and serial number Based on the service information, we economic impact, positive or negative, specified in Part 1 of Appendix 1, dated estimate that this proposed AD would on a substantial number of small entities August 23, 2011, of Airbus All Operator Telex A330–32A3256, dated August 24, 2011 affect about 59 products of U.S. registry. under the criteria of the Regulatory Flexibility Act. (for Model A330–200 and –300 series We also estimate that it would take airplanes); or Airbus All Operator Telex about 48 work-hours per product to We prepared a regulatory evaluation A340–32A4292, dated August 24, 2011 (for comply with the basic requirements of of the estimated costs to comply with Model A340–200 and –300 series airplanes). this proposed AD. The average labor this proposed AD and placed it in the (2) After removal from an airplane, an rate is $85 per work-hour. Required AD docket. affected MLG wheel axle that has reached its life limit is considered an unserviceable part. parts would cost about $153,443 per List of Subjects in 14 CFR Part 39 product. Where the service information (3) The term ‘‘life limit’’ used in this AD lists required parts costs that are Air transportation, Aircraft, Aviation means a post-repair life limit. covered under warranty, we have safety, Incorporation by reference, (h) Replacement assumed that there will be no charge for Safety. At the later of the times specified in these parts. As we do not control The Proposed Amendment paragraph (h)(1) or (h)(2) of this AD: Replace warranty coverage for affected parties, all affected MLG wheel axles with some parties may incur costs higher Accordingly, under the authority serviceable parts, in accordance with the than estimated here. Based on these delegated to me by the Administrator, instructions of Airbus All Operator Telex figures, we estimate the cost of the the FAA proposes to amend 14 CFR part A330–32A3256, dated August 24, 2011, proposed AD on U.S. operators to be 39 as follows: including Appendix 1, dated August 23, 2011 (for Model A330–200 and –300 series $9,293,857, or $157,523 per product. PART 39—AIRWORTHINESS airplanes); or Airbus All Operator Telex Authority for This Rulemaking DIRECTIVES A340–32A4292, dated August 24, 2011, including Appendix 1, dated August 23, 2011 Title 49 of the United States Code 1. The authority citation for part 39 (for Model A340–200 and –300 series specifies the FAA’s authority to issue airplanes). rules on aviation safety. Subtitle I, continues to read as follows: (1) Replace before the accumulation of the section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. applicable landings or flight hours specified

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in table 1 to paragraph (h)(1) of this AD. The A340–32A–4292 (for Model A340–200 series MLG wheel axle on an airplane which occurs ‘‘Post Repair MLG wheel Axle Life Limit’’ airplanes and Airbus Model A340–300 series after the date of repair specified in the Part must be counted from the date of installation airplanes). 1 of Appendix 1, dated August 23, 2011, of of the MLG wheel axle on an airplane that (2) Replace within 24 months after the Airbus All Operator Telex A330–32A3256, occurs after the date of repair specified in effective date of this AD without exceeding dated August 24, 2011 (for Model A330–200 Part 1 of Appendix 1, dated August 23, 2011 the applicable landings or flight hours of Airbus All Operator Telex A330–32A– specified in table 2 to paragraph (h)(2) of this and –300 series airplanes); or Airbus All 3256 (for Model A330–200 series airplanes AD. The ‘‘Post Repair MLG wheel axle flight Operator Telex A340–32A4292, dated August and Airbus Model A330–300 series hours or landings, not to be exceeded’’ must 24, 2011 (for Model A340–200 and –300 airplanes); or Airbus All Operator Telex be counted from the date of installation of the series airplanes).

TABLE 1 TO PARAGRAPH (h)(1) OF THIS AD—POST-REPAIR MLG WHEEL AXLE LIFE LIMIT

Post-repair MLG wheel axle life limit, Affected airplanes whichever occurs first (see paragraph (h)(1) of this AD)

Model A340–311, –312, and –313 airplanes, weight variant (WV) 00 ...... 4,700 landings or 22,250 flight hours. Model A340–211, –212, and –213 airplanes, WV00 ...... 4,600 landings or 29,000 flight hours. Model A340–313 airplanes, WV02 and WV05 ...... 3,950 landings or 16,900 flight hours. Model A330–301, –321, –322, –341, and –342 airplanes, WV00 and WV01 ...... 5,050 landings or 15,200 flight hours. Model A330–201, –202, –203, –223, and –243, WV02, WV05, and WV06 ...... 4,450 landings or 17,900 flight hours. Model A330–301, –302, –303, –323, –342, and –343 airplanes, WV02 and WV05 ...... 5,150 landings or 13,450 flight hours.

TABLE 2—TO PARAGRAPH (h)(2) OF THIS AD—POST-REPAIR MLG WHEEL AXLE FLIGHT HOURS OR LANDINGS

Post-repair MLG wheel axle flight hours or landings, whichever occurs first, not to Affected airplanes be exceeded (see paragraph (h)(2) of this AD)

Model A340–311, –312, and –313 airplanes, WV00 ...... 7,830 landings or 37,080 flight hours. Model A340–211, –212, and –213 airplanes, WV00 ...... 7,660 landings or 48,330 flight hours. Model A340–313 airplanes, WV02 and WV05 ...... 6,580 landings or 28,160 flight hours. Model A330–301, –321, –322, –341, and –342 airplanes, WV00 and WV01 ...... 8,410 landings or 25,330 flight hours. Model A330–201, –202, –203, –223, and –243 airplanes, WV02, WV05, and WV06 ...... 7,410 landings or 29,830 flight hours. Model A330–301, –302, –303, –323, –342, and –343 airplanes, WV02 and WV05 ...... 8,580 landings or 22,580 flight hours.

(i) Parts Installation Limitation approval letter must specifically reference Issued in Renton, Washington, on August As of the effective date of this AD: An this AD. 14, 2012. affected MLG wheel axle can be installed on (2) Airworthy Product: For any Ali Bahrami, an airplane, provided the MLG wheel axle requirement in this AD to obtain corrective Manager, Transport Airplane Directorate, has not exceeded the limits specified in table actions from a manufacturer or other source, Aircraft Certification Service. 1 to paragraph (h)(1) of this AD and it is use these actions if they are FAA-approved. [FR Doc. 2012–20879 Filed 8–24–12; 8:45 am] replaced with a serviceable part before Corrective actions are considered FAA- BILLING CODE 4910–13–P reaching the life limit defined in table 1 to approved if they are approved by the State paragraph (h)(1) of this AD. of Design Authority (or their delegated (j) Other FAA AD Provisions agent). You are required to assure the product is airworthy before it is returned to service. The following provisions also apply to this CONSUMER PRODUCT SAFETY AD: (k) Related Information COMMISSION (1) Alternative Methods of Compliance (1) Refer to MCAI EASA Airworthiness (AMOCs): The Manager, International Directive 2011–0170, dated September 7, [CPSC Docket No. CPSC–2012–0048] Branch, ANM–116, FAA, has the authority to 2011, and the service information in approve AMOCs for this AD, if requested 16 CFR Chapter II using the procedures found in 14 CFR 39.19. paragraphs (k)(1)(i) and (k)(1)(ii) of this AD, In accordance with 14 CFR 39.19, send your for related information. All-Terrain Vehicle Safety Summit request to your principal inspector or local (i) Airbus All Operator Telex A330– Flight Standards District Office, as 32A3256, dated August 24, 2011, including AGENCY: Consumer Product Safety appropriate. If sending information directly Appendix 1, dated August 23, 2011. Commission. to the International Branch, send it to ATTN: (ii) Airbus All Operator Telex A340– ACTION: Notification. Vladimir Ulyanov, Aerospace Engineer, 32A4292, dated August 24, 2011, including International Branch, ANM–116, Transport Appendix 1, dated August 23, 2011. SUMMARY: The Consumer Product Safety Airplane Directorate, FAA, 1601 Lind (2) For service information identified in Commission (CPSC, Commission, or we) Avenue SW., Renton, Washington 98057– this AD, contact Airbus SAS—Airworthiness is announcing its intent to hold a 3356; telephone (425) 227–1138; fax (425) Office—EAL, 1 Rond Point Maurice Bellonte, Summit on all-terrain vehicle (ATV) 227–1149. Information may be emailed to: 9- 31707 Blagnac Cedex, France; telephone +33 safety. The Summit will be held at the [email protected]. 5 61 93 36 96; fax +33 5 61 93 45 80; email Before using any approved AMOC, notify CPSC’s headquarters in Bethesda, MD, [email protected]; your appropriate principal inspector, or on October 11 and 12, 2012. We invite Internet http://www.airbus.com. lacking a principal inspector, the manager of interested parties to participate in or the local flight standards district office/ attend the Summit and to submit certificate holding district office. The AMOC comments.

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DATES: The Summit will be held from 9 pressure tires (less than 10 pounds per rulemaking, and these discussions may a.m. to 4 p.m. on October 11 and 12, square inch), a seat designed to be be used to inform our future 2012. Individuals interested in serving straddled by the operator, and rulemaking. The discussion focusing on on panels or presenting information at handlebars for steering. Since the 1980s, new innovations in ATV safety will the Summit should register by the CPSC has been involved with ATV allow stakeholders to work together to September 14, 2012; all other safety through various means, including achieve common goals, develop possible individuals who wish to attend the rulemaking, recalls, and litigation. solutions, and address actions that each Summit should register by October 5, Currently, ATVs are required to meet stakeholder can perform to advance the 2012. Written comments must be the Commission’s ATV safety standard goal of keeping families safe on ATVs. received by November 14, 2012. at 16 CFR part 1420, and comply with manufacturer and distributor action II. What do we hope the summit will ADDRESSES: The Summit will be held at accomplish? the CPSC’s headquarters, 4330 East plans that require numerous additional West Highway, 4th Floor Hearing Room, safety measures. However, a number of Our primary goal in this ATV Safety Bethesda, MD 20814. Persons interested ATV issues remain. For example, there Summit is to bring together the in serving on a panel, presenting are several issues from our 2006 NPR stakeholders, including manufacturers, information, or attending the Summit that differ from the requirements of 16 consumer advocates, academic should register online at http:// CFR part 1420 and the action plans. In researchers, and others with an interest www.cpsc.gov/meetingsignup.html, and addition, aspects of safety that are in ATV safety, in an environment that click on the link titled, ‘‘ATV Safety related to the behavior of ATV fosters mutual respect and that Summit.’’ operators, such as use restrictions encourages the sharing of information. You may submit written comments, governing issues such as helmet use, We hope that by sharing lessons learned identified by Docket No. CPSC–2012– riding on pavement, licensing of drivers, regarding public awareness, 0048, by any of the following methods: and age restrictions are generally a information/education, training, and Submit electronic comments in the matter left to the states. Finally, some technology, the groups each can take following way: avenues toward improved ATV safety away information and ideas that will Federal eRulemaking Portal: http:// require additional research that is help everyone promote ATV safety. In www.regulations.gov. Follow the beyond the Commission’s current addition, for issues that are not related instructions for submitting comments. budget and resources. to our current rulemaking effort, we CPSC staff is looking toward the To ensure timely processing of want to encourage stakeholders to work future and envisions a two-pronged comments, the Commission is no longer together to develop solutions to ATV approach to improving ATV safety: accepting comments submitted by issues apart from any effort or assistance Regulation and stakeholder engagement. electronic mail (email), except through by the CPSC. Work regarding the 2006 NPR is nearing www.regulations.gov. Because there are some differences Submit written submissions in the completion. However, because 6 years have passed since the issuance of the between the regulations we proposed in following way: 2006 and the regulations we Mail/Hand delivery/Courier (for NPR, staff would like to provide promulgated after passage of the CPSIA, paper, disk, or CD–ROM submissions), stakeholders an opportunity to present a secondary goal of the Summit is to preferably in five copies, to: Office of the their views on the outstanding issues. In give stakeholders the opportunity to Secretary, Consumer Product Safety addition, once rulemaking is complete, inform CPSC staff of any new Commission, Room 820, 4330 East West we envision that the next phase of the developments in these areas. More Highway, Bethesda, MD 20814; effort will focus on the different roles specifically, we are interested in telephone (301) 504–7923. each of the various stakeholders can learning about new developments in the Instructions: All submissions received play to achieve the goal we believe areas of ATV lighting, consumer point- must include the agency name and every one of these stakeholders support: of-purchase information, and youth docket number for this notice. All Keeping families safe on ATVs. With ATVs (speeds, size, weight, and comments received may be posted these interests in mind, we are inviting transmission). without change, including any personal stakeholders to come together for an identifiers, contact information, or other ATV Safety Summit. This Summit will III. What topics will be addressed at the personal information provided, to serve as a forum for stakeholders who summit? http://www.regulations.gov. Do not have a mutual commitment to ATV submit confidential business safety to share new information, as well In general, the Summit will focus on information, trade secret information, or as collaborate as a team and seek the overall theme: ‘‘Keeping Families other sensitive or protected information solutions to common problems. Safe on ATVs.’’ We recommend that all The Summit will take place over 2 electronically. Such information should potential panelists consider this general days and will feature a mix of be submitted in writing. theme when preparing. In particular, rulemaking and nonrulemaking topic there are six topics areas that we have FOR FURTHER INFORMATION CONTACT: areas. There will be a series of panel identified. Below is a list of the subject Hope Nesteruk, Division of Human discussions each day focused on a of each session and suggested specific Factors, Directorate for Engineering different topic of ATV safety. The topics for each. These suggested topics Sciences, 4330 East West Highway, details of the various topics are found in are meant to be a guideline, but Bethesda, MD 20814, telephone 301– section III. The panel sessions will begin potential panelists should not feel 504–7694, email with presentations from each panelist limited only to what is suggested below. [email protected]. and will be followed by a question, SUPPLEMENTARY INFORMATION: answer, and discussion forum. Every Rulemaking Topic Areas forum will be an open discussion led by 1. Vehicle Characteristics I. Background CPSC staff moderators where attendees All-terrain vehicles (ATVs) are can speak freely. The discussions • Suggested topics: Vehicle lighting motorized vehicles, designed for off- centering on our rulemaking will allow (brake lights and head lights); Age road use, with three or four broad, low- attendees to discuss the open categories; Speeds and transmission

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for youth ATVs—user acceptance and Whether the information to be presented minutes each about their topic area. At user abilities; Physical sizing of ATVs has been received in previous open the conclusion of the panel’s comment periods; what is the presentations, there will be a question, 2. Consumer Awareness individual’s familiarity or expertise answer, and discussion session among • Suggested topics: Point-of-purchase with the topic to be discussed; is there the panelists and the audience, information; on-product warning practical utility in the information to be centering on the topics discussed by the labels and hang tags presented; what is the topic’s relevance panelists. Each panel session will be ATV Innovations Topic Areas to the identified theme and topic area; approximately 1 hour and 45 minutes. what is the individual’s viewpoint or For the topics not related to 1. State Legislation: Effecting Change ability to represent certain interests rulemaking activities, a CPSC moderator • Suggested topics: How to effect (e.g., such as large manufacturers, small will work with the group to help change; what works, what doesn’t? manufacturers, academic researchers, identify common goals, possible Successes and failures with other consumer organizations). While an solutions, and actions each stakeholder outdoor products effort will be made to accommodate all can take, independent of any action, persons who wish to be panelists, we effort, or funding from the CPSC. We are 2. ATV Training: Reaching the Next expect to limit each panel session to no not soliciting or accepting any advice Generation more than five panelists. Therefore, the from the group as a whole; instead, we • Suggested topics: Increasing final number of panelists may be are seeking to encourage the availability; using new technology; limited. We recommend that stakeholders to find common ground to what works, what doesn’t? individuals and organizations with move forward. common interests consolidate or For the topic areas related to our 3. Public Awareness, Information, and coordinate their panel requests. To rulemaking effort, a CPSC staff member Education: Speaking With One Voice assist in making final panelist will moderate the panel session to focus • Suggested topics: What works, what selections, staff may request potential the discussion on our open rulemaking doesn’t? Cultural and social media panelists to submit planned topics. We are seeking new information challenges to promoting safe riding presentations in addition to the initial that may be used to inform our abstract. We will notify selected 4. Vehicle Technology Innovations rulemaking. panelists by September 21, 2012. All attendees will be given the • Suggested topics: Any new If you wish to attend and participate opportunity to ask questions and make innovation—from the proof-of- in the Summit, but you do not wish to comments during the panel session. At concept stage or current in-use on be a panelist, you should also register by the close of the afternoon session, all ATVs—to advances in the area of October 5, 2012, and identify your groups will join for a plenary session, lateral stability and rollover affiliation. Every effort will be made to during which the groups will report on protection. accommodate each person’s request; the results of their discussions. It is difficult to anticipate the number however, we may need to limit D. What happens if few people register of panelists who will be available for registration to meet the occupant capacity of our meeting rooms. If you for the summit? each topic area. Therefore, we have not are unable to attend the Summit, it will yet determined the order of the panel If fewer than 15 panelists or less than be available through a webcast, but you sessions. We may combine, expand, or 30 participants register for the Summit, will not be able to interact with the eliminate panel sessions depending on we may cancel the Summit. If we decide panels and presenters, nor will every the level of interest. The final schedule to cancel the Summit for this or any panel session be available. You do not will be announced on our Web site by other reason, we will post a cancellation need to register for the webcast. The September 28, 2012. notice on the registration Web page for panels that are not webcast will be the Summit and send an email to all IV. Details Regarding the Summit taped and made available for viewing on registered participants who provide the CPSC Web site. their email address when they register. A. When and where will the summit be If you wish to submit written held? comments for any reason, you may do Dated: August 22, 2012. The Summit will be held from 9:00 so before or after the Summit by any of Todd A. Stevenson, a.m. to 4:00 p.m. on October 11–12, the methods stated in the ADDRESSES Secretary, Consumer Product Safety 2012, at the CPSC Headquarters portion of this notice. These comments Commission. building at 4330 East West Highway, 4th should be received by November 14, [FR Doc. 2012–21011 Filed 8–24–12; 8:45 am] Floor Hearing Room, Bethesda, MD 2012. Comments should focus on new BILLING CODE 6355–01–P 20814. information that was not submitted previously that is related to the topic B. How do you register for the summit? areas listed above. DEPARTMENT OF THE INTERIOR If you would like to be a panelist for C. What will be the format of the a specific session of the Summit, you National Park Service should register by September 14, 2012. summit? (See the ADDRESSES portion of this The Summit will open with a plenary 36 CFR Part 7 document for the Web site link and session that includes a brief overview of instructions on where to register.) We the Commission’s past activities on [NPS–NERI–09778; 4785–LZY] also ask that you submit a brief (less ATVs. Following that, there will be a than 200 word) abstract of your topic, series of panels covering the topics RIN 1024–AD95 area of expertise, and desired breakout listed above. Each panel session will Special Regulations; Areas of the panel. In the event that more panelists consist of stakeholders and members of National Park System, New River request a particular session than time the public and will be moderated by Gorge National River, Bicycle Routes will allow, staff will select panelists CPSC staff. We expect potential based on considerations such as: panelists to speak for approximately 10 AGENCY: National Park Service, Interior.

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ACTION: Proposed rule. The park’s 1982 General Management Management Plan;’’ click the link to the Plan (1982 GMP) anticipated Document List on the left; click the link SUMMARY: The National Park Service accommodating an expanding array of to the ‘‘Draft General Management Plan proposes to designate new and existing recreational pursuits, including off-road and EIS/Draft Foundation Plan;’’ then multi-use trails and administrative bicycling. It states that ‘‘[l]evels of use download the document entitled ‘‘Draft roads within the New River Gorge of new or unusual forms of recreation Foundation Plan’’ at the bottom of the National River as bicycle routes. The (such as hang gliding, rock climbing, page (corrections to the Foundation Plan rule is necessary because the National dirt bicycling) will be managed to avoid are located in the ‘‘Abbreviated Final Park Service general regulation requires problems of visitor safety, conflicts General Management Plan * * *,’’ also publication of a special regulation to between uses, or resource impacts.’’ in the Document List). designate routes for bicycle use when Page 18. The park’s updated 2010/2011 GMP such use will be outside of developed The 1982 GMP also anticipated trail and Environmental Impact Statement areas and special use zones. construction as funding became (2010/2011 GMP/EIS) process revealed DATES: Comments must be received by available. A subsequent park-wide Trail substantial and consistent public October 26, 2012. Development Plan (1993) recommended support for designating routes in the that the park develop a trail system ADDRESSES: You may submit your park as bicycle trails during public emphasizing multiple uses, including scoping (February 2004 through October comments, identified by Regulation hiking and bicycling. Both of these Identifier Number (RIN) 1024–AD95, by 2007) and public comment (January 13, plans can be viewed by going to the 2010 through April 16, 2010). any of the following methods: NERI park planning Web site, http:// • Federal eRulemaking Portal: http:// The 2010/2011 GMP/EIS proposed www.nps.gov/neri/parkmgmt/ that, after promulgation of the required www.regulations.gov. Follow the planning.htm, then following this path: instructions for submitting comments. special regulations and proper click the link for ‘‘Environmental compliance with the National • Mail or hand deliver to: Don Striker, Assessment: Design and Build Two Superintendent, Attn: Bicycle Environmental Policy Act (NEPA), Stacked Loop Hiking and Biking Trail bicycle use would be an appropriate use Regulation, New River Gorge National Systems * * *;’’ click the link to the on new and existing trails. This would River, P.O. Box 246, Glen Jean, WV Document List on the left; click the link include bicycle use in frontcountry 25846–0246. to either the ‘‘1982 NERI General zones, in backcountry zones on single Management Plan’’ or the ‘‘1993 NERI FOR FURTHER INFORMATION CONTACT: track trails, and on a limited basis on a Trail Development Plan;’’ then Jamie Fields, Outdoor Recreation variety of trail types in historic resource, download the documents on their Planner, New River Gorge National river corridor, and park development River, P.O. Box 246 (104 Main St), Glen respective pages. The park began developing a new, zones. The Record of Decision (ROD) for Jean, WV 25846, (304) 465–6527, the 2010/2011 GMP/EIS was signed, and [email protected]. updated general management plan in 2005 to respond to changes in park the Notice of Availability was published SUPPLEMENTARY INFORMATION: boundaries, land acquisitions, and park in the Federal Register (77 FR 12877, March 2, 2012). The 2010/2011 GMP/ Administrative Background and public needs and priorities that had occurred since the 1982 GMP was EIS can be viewed by going to the NERI The New River Gorge National River approved. As a component of this park planning Web site, http:// (NERI or park), a unit of the National process, and based upon an analysis of www.nps.gov/neri/parkmgmt/ Park System located in West Virginia, the park’s enabling legislation and planning.htm, then following this path: encompasses approximately 72,000 subsequent amendments, administrative click the link for ‘‘General Management acres within a 53-mile corridor along history, resources, values and Plan;’’ click the link to the Document the New River, extending from Hawks opportunities, NERI staff developed a List on the left; click the link to the Nest State Park to Hinton. Congress Foundation Plan that determined that a ‘‘Draft General Management Plan and directed the establishment of NERI as a major purpose of the park is to ‘‘provide EIS/Draft Foundation Plan;’’ then unit of the National Park System, largely opportunities for public understanding, download the documents at the bottom in response to a 20-year grassroots effort appreciation and enjoyment of the of the page (corrections to the 2010/ organized by local community leaders. park’s natural, cultural, scenic and 2011 GMP/EIS are located in the In 1978, President Jimmy Carter signed recreational resources and values.’’ Page ‘‘Abbreviated Final General legislation establishing the park, ‘‘for 5. As stated in the Foundation Plan, two Management Plan * * *,’’ also in the the purpose of conserving and major reasons that NERI is significant Document List). interpreting outstanding natural, scenic, enough to have been designated as a As a result of the public support for and historic values and objects in and unit of the National Park System are its bicycle use expressed early in the 2010/ around the New River Gorge and ‘‘diverse and extraordinary scenic 2011 GMP/EIS process, the park preserving as a free-flowing stream an resources and views accessible to developed an Environmental important segment of the New River in visitors from the river, rocky overlooks, Assessment (Trails EA) to evaluate the West Virginia for the benefit and trails and rural roads throughout the impact of the construction of new trails enjoyment of present and future park, and its exceptional opportunities and designation of new and existing generations.’’ Public Law 95–625, sec. for exploration, adventure, discovery, park trails as routes for bicycle use. 1101, 1978. Subsequent legislation solitude and community.’’ Page 6. Other Public scoping for the Trails EA, which concerning the park states in its findings purpose and significance statements occurred from November 10, 2009 until that NERI ‘‘has provided the basis for that highlight the park’s natural and January 15, 2010 (with a public focus increased recreation and tourism cultural resources can be found in the group on November 10, 2009 and a activities in southern West Virginia due Foundation Plan, which can be viewed public open house on December 8, to its nationally recognized status and by going to the NERI park planning Web 2009), confirmed there was has greatly contributed to the regional site, http://www.nps.gov/neri/ overwhelming support for bicycle use economy.’’ Public Law 100–534, sec. parkmgmt/planning.htm, then following on trails. Only one of approximately 400 2(a)(1)–(2), 1988. this path: click the link for ‘‘General scoping comments from residents of 32

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states was opposed to bicycle use at trails may include obstacles such as bike use in natural areas, but did not NERI. steps, stairs, and steep, exposed specifically address NERI. The other 48 sections. Average trail grades on more comments, most of which came from the Trail Terminology difficult trails are ten percent or less, local community of regular park The following trail terminology is maximum grades are 15 percent or less, visitors, supported bicycle use in the used in the 2010/2011 GMP/EIS, the and active tread width is about 20 to 24 park. Trails EA, and the proposed rule: inches. Following public comment, the NPS • Park administrative roads generally Æ Represented by a black diamond, selected the preferred alternative B, have one-lane (two-track) dirt and gravel the most difficult trails may be including the proposals common to both surfaces and are open only to National designated as ‘‘Difficult’’ (or sometimes Park Service (NPS) authorized vehicle ‘‘Strenuous’’) on interpretive kiosks and action alternatives. The NPS Northeast use. Public access is limited to hiking, other publicly available media and are Regional Director signed a Finding of in some cases bicycle use, and in a few appropriate for bicyclists of an expert No Significant Impact (FONSI) on April cases equestrian use. skill level. Most difficult trails include 1, 2011. The Trails EA and FONSI can • Frontcountry trails, located in and obstacles such as steps, stairs, and be viewed by going to the NERI park near developed areas, have a maximum significantly steep or exposed sections, planning Web site, http://www.nps.gov/ width of 30 to 36 inches and have average grades of 15 percent or neri/parkmgmt/planning.htm, then accommodate moderate use by a range less, but can include maximum grades following this path: click the link for of users (including hikers and of 15 percent or more. Active tread ‘‘Environmental Assessment: Design bicyclists). width of most difficult trails is generally and Build Two Stacked Loop Hiking • Backcountry trails in remote areas 12 to 18 inches. and Biking Trail Systems * * *;’’ click do not exceed 18 to 24 inches in width the link to the Document List on the left; and are designed for low use by Alternatives in Trails EA click the link to either the experienced hikers and, in limited The Trails EA presented three ‘‘Environmental Assessment—Design cases, bicyclists. alternatives. Alternative A is the No and Build * * *’’ or the ‘‘Finding of No • Stacked loop trail systems are Action Alternative and provided for the Significant Impact (FONSI);’’ then designed to have interconnected loops continuation of current management download the documents on their of trails, often having a variety of practices. Proposals common to both respective pages. degrees of difficulty, that provide trail action alternatives (B and C) provided users options for varied distances, for the designation of some existing park Renaming of Trails routes and destinations. trails and administrative roads as routes • Since the FONSI was signed, several Connector trails connect open to bicycle use, and for the trail names in the Nuttallburg area of the destinations or other trails to one construction and designation of three park have changed. The Nuttall Mine another. Also, connector trails are new trails for hiking and bicycle use by Trail (also an administrative road) was segments of trails that could link converting existing roads no longer used renamed the Headhouse Trail on public together the ‘Through the Park Trail,’ as for vehicle access into the Mud Turn, maps. The Nuttallburg Town Connector proposed in the 2010/2011 GMP/EIS. Panther Branch Connector and Brooklyn Trail was renamed the Nuttallburg Currently, only some segments of the Miner’s Connector Trails. Town Loop Connector Trail. The Alternative B, the Preferred future ‘Through the Park Trail’ have Nuttallburg Tipple Trail (also an Alternative that became the NPS been established. administrative road) was broken up on • The term branch is synonymous Selected Alternative, also provided for public maps into the Tipple Trail and with ‘‘creek.’’ For example, Panther the development and construction of the Seldom Seen Trail. The actual trail/ Branch is a creek that is a tributary of approximately 11 miles of new single administrative road on the ground the New River. track trail, called the Craig Branch remains the same as the Nuttallburg • The difficulty of negotiating various Stacked Loop Trail System, and the Tipple Trail addressed in the EA and trail sections in the two stacked loop development and construction of 33 FONSI. The Keeneys Creek Trail has trail systems is described in the Trails miles of new single track trail, called the been renamed on some public maps and EA by designations of Easiest, More Garden Ground Stacked Loop Trail documents as the Keeneys Creek Rail Difficult, and Most Difficult. The Trails System for hiking and bicycle use. Trail, but older materials still call it the EA anticipates that these descriptions Alternative C provided for the Keeneys Creek Trail. will be applied to all other bike trails in development and construction of 4.5 the park. miles of single track trail on existing Since its construction in summer of Æ Represented by a green circle, the informal routes, such as old logging 2011, the Craig Branch Stacked Loop easiest trails may be identified as roads, called the Craig Branch Stacked Trail System has been renamed the ‘‘Easy’’ on interpretive kiosks and other Loop Trail System, and the Arrowhead Trail. The proposed rule and publicly available media and are development and construction of 45 future park maps will reflect this appropriate for bicyclists of a novice miles of new single track trail, much of change, while prior documents skill level. Easiest trails have firm which would also be constructed on (primarily the Trails EA and FONSI) surfaces with few obstacles, average trail existing informal routes, called the refer to the Craig Branch Stacked Loop grades of five percent or less, maximum Garden Ground Stacked Loop Trail Trail System. Additionally, the Trails grades of ten percent or less and are System for bicycle use. EA and FONSI refer to the stacked loop generally about 30 to 36 inches wide at Of the 50 comments received on the trails in the Craig Branch (now the active trail tread. Trails EA during the public comment Arrowhead) and Garden Ground areas Æ Represented by a blue square, the period from January 26, 2011 through as ‘‘trail systems.’’ In the proposed rule, more difficult trails may be designated March 4, 2011, only two did not support they are called the ‘‘Arrowhead Trail’’ as ‘‘Moderate’’ on interpretive kiosks the preferred alternative. One of these and the ‘‘Garden Ground Stacked Loop and other publicly available media and comments opposed the new trail Trail,’’ and are each treated as are trails appropriate for bicyclists of an development and did not mention bike individual trails with interconnected intermediate skill level. More difficult use, and the other comment opposed segments.

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Proposed Rule connect to other existing park trails and and construction principles used in the incorporate sustainable design and Arrowhead Trail. Following the Trails EA and FONSI, construction elements that take multi- the proposed rule would authorize Designation of Existing Trails and use (hike and bike) social and physical bicycle use on two new stacked loop issues into account while also Administrative Roads for Bicycle Use trail systems (the Arrowhead Trail and mitigating the impacts of hiking and the Garden Ground Stacked Loop Trail The proposed rule would designate 19 bicycle use. As new trails are System), three new trails converted from existing park trails and administrative constructed, old logging roads and roads, approximately 52 miles in total, existing roads that are no longer used recreational vehicle routes on adjacent for vehicle access (the Mud Turn, to allow bicycle use. These are lands will be rehabilitated and invasive predominantly remnants of roads and Panther Branch Connector and Brooklyn plant species will be treated or removed. Miner’s Connector Trails), and 19 railroad beds existing before the park existing trails and administrative roads Three New Trails Converted From was established or before the park had throughout the park. All of the new Roads acquired land within its boundaries. Created primarily for logging and trails are approved for construction The proposed rule would designate mining, some tracks were later through the FONSI, but only the three new trails that would be Arrowhead Trail has been constructed. constructed by converting existing, developed or used for recreational unused roads into single track, multi- purposes by local people on foot, and by Arrowhead and Garden Ground off-road vehicle, motorcycle or bicycle. Stacked Loop Trails use (hike and bike) trails. The Mud Turn Trail would be located on an abandoned Once the park was established and the The Arrowhead Trail includes 13 road that connects the rim at Grandview NPS acquired the land, these routes miles of easy and more difficult single to the river along Glade Creek Road by were adaptively reused as trails and track trail above the rim of the New running along Mill Creek for administrative roads. Additional trails River Gorge on rolling, forested terrain. approximately 2.75 miles. The Panther have since been constructed by NPS, The trail has been built according to the Branch Connector Trail, approximately most notably the Fayetteville Trail frontcountry trail standards outlined in three miles long between Glade Creek complex, which includes the the park’s 2010/2011 GMP/EIS. The and Panther Branch, would be located backcountry Fayetteville Trail, the Park Garden Ground Stacked Loop Trail on an abandoned state road and on a Loop, and the Timber Ridge Trail. would include approximately 33 miles short section of old rail bed that was Trails To Be Designated for Bicycle Use of more difficult and most difficult abandoned in the 1940s. The Brooklyn single track trail traversing the edge of Miner’s Connector Trail, less than one The proposed rule would authorize the plateau and along the bottom of the mile long, would be located on bicycle use on the routes listed and gorge parallel to the New River, with segments of an abandoned coal road described in the tables below. Trails are several challenging rim-to-river connecting the lower tipple to the upper labeled as Frontcountry, Backcountry, connections on the steep, forested mine bench of the Brooklyn Mine area. or Administrative Road in accordance slopes. The Garden Ground Stacked These proposed road-to-trail with the management zones listed in the Loop Trail segments will be built in conversions would be built to the 2010/2011 GMP/EIS and the terms accordance with the backcountry trail backcountry trail standards proposed in defined in the Trails EA. Trails that are standards outlined in the park’s 2010/ the park’s 2010/2011 GMP/EIS and only partially located on administrative 2011 GMP/EIS. Both trail systems will incorporate the same sustainable design roads are noted where appropriate.

Trail name Mi. Existing or new Trail standard

Proposed Routes for Bicycle Use—Stacked Loop Trails

Arrowhead Trail ...... 13.0 New, Constructed Frontcountry. Garden Ground Stacked Loop Trail ...... 33.0 New, Constructed Backcountry.

Proposed Routes for Bicycle Use—Trails Converted From Roads

Mud Turn Trail ...... 2.8 New ...... Backcountry. Panther Branch Connector Trail ...... 3.0 New ...... Backcountry. Brooklyn Miner’s Connector Trail ...... 0.8 New ...... Backcountry.

Proposed Routes for Bicycle Use—Existing Trails and Administrative Roads

Hawks Nest Connector Trail ...... 3.5 Existing ...... Frontcountry. Fayetteville Trail ...... 4.0 Existing ...... Backcountry. Park Loop Trail ...... 1.1 Existing ...... Backcountry. Timber Ridge Trail ...... 1.0 Existing ...... Backcountry. Kaymoor Trail ...... 8.6 Existing ...... Part Frontcountry/Part Administrative Road. Craig Branch Trail ...... 2.4 Existing ...... Administrative Road. Long Point Trail (except the last 0.2 mi closest to the 1.4 Existing ...... Frontcountry. Long Point vista). Keeneys Creek Rail Trail ...... 3.0 Existing ...... Administrative Road. Headhouse Trail ...... 0.5 Existing ...... Administrative Road. Tipple Trail ...... 0.5 Existing ...... Administrative Road. Seldom Seen Trail ...... 0.3 Existing ...... Administrative Road. Nuttallburg Town Loop Connector Trail ...... 0.3 Existing ...... Frontcountry. Brooklyn Mine Trail ...... 2.7 Existing ...... Administrative Road. Southside Trail ...... 7.0 Existing ...... Part Frontcountry/Part Administrative Road. Rend Trail ...... 3.4 Existing ...... Administrative Road.

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Trail name Mi. Existing or new Trail standard

Stone Cliff Trail ...... 2.7 Existing ...... Administrative Road. Terry Top Trail ...... 1.7 Existing ...... Administrative Road. Little Laurel Trail ...... 2.6 Existing ...... Administrative Road. Glade Creek Trail ...... 5.6 Existing ...... Part Frontcountry/Part Administrative Road.

Maps of these designated routes are and regulatory flexibility threshold on those routes within the boundaries of available in the office of the analysis available for review on the the New River National River. A takings Superintendent and may also be viewed NERI park planning Web site, http:// implication assessment is not required. in the Trails EA, which can be found by www.nps.gov/neri/parkmgmt/ Federalism (Executive Order 13132) going to the NERI park planning Web planning.htm. The rule would not site, http://www.nps.gov/neri/ regulate small business. The rule would Under the criteria in section 1 of parkmgmt/planning.htm, then following likely increase visitation at the park, Executive Order 13132, this rule does this path: click the link for which could generate benefits for small not have sufficient federalism ‘‘Environmental Assessment: Design businesses in the local community implications to warrant the preparation and Build Two Stacked Loop Hiking through increased spending for goods of a Federalism summary impact and Biking Trail Systems * * * ;’’ click and services. statement. This rule only effects use of the link to the Document List on the left; NPS administered lands. A Federalism click the link to the ‘‘Environmental Small Business Regulatory Enforcement summary impact statement is not Assessment—Design and Build * * *;’’ Fairness Act (SBREFA) required. then download the document at the This rule is not a major rule under 5 Civil Justice Reform (Executive Order bottom of the page. A park map showing U.S.C. 804(2), the SBREFA. This rule: 12988) existing trails and administrative roads (a) Does not have an annual effect on can also be found by downloading the the economy of $100 million or more. This rule complies with the NERI Trails Guide from the following The July 2011 NPS economic analysis requirements of Executive Order 12988. Web site: http://www.nps.gov/neri/ estimated that the addition of more than Specifically, this rule: planyourvisit/trails-guide.htm. 100 miles of new trails will significantly (a) Meets the criteria of section 3(a) improve NERI’s attractiveness to requiring that all regulations be Compliance With Other Laws, bicyclists and thus drive additional reviewed to eliminate errors and Executive Orders, and Department economic activity. ambiguity and be written to minimize Policy Regulatory Planning and Review (b) Will not cause a major increase in litigation; and (Executive Orders 12866 and 13563) costs or prices for consumers, (b) Meets the criteria of section 3(b)(2) Executive Order 12866 provides that individual industries, Federal, State, or requiring that all regulations be written the Office of Information and Regulatory local government agencies, or in clear language and contain clear legal Affairs) will review all significant rules. geographic regions. The rule will not standards. The Office of Information and impose restrictions on local businesses Consultation With Indian tribes Regulatory Affairs has determined that in the form of fees, training, (Executive Order 13175 and this rule is not significant. recordkeeping, or other measures that Department Policy) Executive Order 13563 reaffirms the would increase costs. principles of E.O. 12866 while calling (c) Does not have significant adverse The Department of the Interior strives for improvements in the nation’s effects on competition, employment, to strengthen its government-to- regulatory system to promote investment, productivity, innovation, or government relationship with Indian predictability, to reduce uncertainty, the ability of U.S.-based enterprises to tribes through a commitment to and to use the best, most innovative, compete with foreign-based enterprises. consultation with Indian tribes and and least burdensome tools for recognition of their right to self- achieving regulatory ends. The Unfunded Mandates Reform Act governance and tribal sovereignty. We executive order directs agencies to (UMRA) have evaluated this rule under the consider regulatory approaches that This rule does not impose an Department’s consultation policy and reduce burdens and maintain flexibility unfunded mandate on State, local, or under the criteria in Executive Order and freedom of choice for the public tribal governments or the private sector 13175 and have determined that it has where these approaches are relevant, of more than $100 million per year. The no substantial direct effects on federally feasible, and consistent with regulatory rule does not have a significant or recognized Indian tribes and that objectives. E.O. 13563 emphasizes unique effect on State, local or tribal consultation under the Department’s further that regulations must be based governments or the private sector. The tribal consultation policy is not on the best available science and that rule addresses public use of national required. the rulemaking process must allow for park lands, and imposes no Throughout numerous past and public participation and an open requirements on other agencies or current park planning processes, no exchange of ideas. We have developed governments. A statement containing expression of affiliation has been this rule in a manner consistent with the information required by the UMRA asserted with NERI by any tribal these requirements. (2 U.S.C. 1531 et seq.) is not required. governments or organizations. Tribes that could potentially be affiliated were Regulatory Flexibility Act (RFA) Takings (Executive Order 12630) contacted individually during the This rule will not have a significant Under the criteria in section 2 of development of the 2010/2011 GMP/EIS economic effect on a substantial number Executive Order 12630, this rule does and no response was received. Copies of of small entities under the RFA (5 not have significant takings the Trails EA were sent to 14 Native U.S.C. 601 et seq.). This conclusion is implications. This rule only designates American tribes who were identified as based on the results of a cost/benefit bicycle routes and manages bicycle use possibly having some interest in the

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park. The Chief of the Remnant Yuchi Clarity of This Regulation Drafting Information Nation was the only tribal We are required by Executive Orders The primary authors of this proposed representative to respond; he indicated 12866 (section 1 (b)(12)), 12988 (section that he was grateful to be acknowledged, rule were Jamie Fields, New River Gorge 3(b)(1)(B)), and 13563 (section 1(a)), and National River; Joshua Nadas, NPS that the NPS should continue the by the Presidential Memorandum of excellent work, and that he had no Conservation and Outdoor Recreation June 1, 1998, to write all rules in plain Programs; and Justin Hollimon, formal questions at this time. language. This means that each rule we Regulations and Special Park Uses, publish must: Paperwork Reduction Act (PRA) National Park Service, Washington, DC. (a) Be logically organized; This rule does not contain (b) Use the active voice to address List of Subjects in 36 CFR Part 7 information collection requirements, readers directly; (c) Use common, everyday words and National parks, Reporting and and a submission under the PRA is not clear language rather than jargon; recordkeeping requirements. required. (d) Be divided into short sections and sentences; and In consideration of the foregoing, the National Environmental Policy Act NPS proposes to amend 36 CFR part 7 (NEPA) (e) Use lists and tables wherever possible. as follows: We have prepared environmental If you feel that we have not met these PART 7—SPECIAL REGULATIONS, assessments to determine whether this requirements, send us comments by one AREAS OF THE NATIONAL PARK rule would have a significant impact on of the methods listed in the ADDRESSES SYSTEM the quality of the human environment section. To better help us revise the under the NEPA. This rule does not rule, your comments should be as specific as possible. For example, you 1. The authority for part 7 continues constitute a major Federal action to read as follows: significantly affecting the quality of the should tell us the numbers of the human environment. A detailed sections or paragraphs that you find Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. statement under the NEPA is not unclear, which sections or sentences are 7.96 also issued under DC Code 10–137 (2001) and DC Code 50–2201 (2001). required because the NPS reached a too long, the sections where you feel lists or tables would be useful, etc. FONSI for the Selected Alternative. The 2. In § 7.89 revise paragraph (b) to Trails EA, the FONSI and other relevant Public Availability of Comments read as follows: documents and records of the public Before including your address, phone § 7.89 New River Gorge National River. process may be viewed by going to the number, email address, or other NERI park planning Web site, http:// personal identifying information in your * * * * * www.nps.gov/neri/parkmgmt/ comment, you should be aware that (b) Bicycling (1) Where may I ride a planning.htm. your entire comment—including your bicycle within New River Gorge National Effects on the Energy Supply (Executive personal identifying information—may River? Bicycle use is permitted on park Order 13211) be made publicly available at any time. roads, in parking areas, and on routes While you can ask us in your comment designated within the park in This rule is not a significant energy to withhold your personal identifying accordance with § 4.30 of this chapter. action under the definition in Executive information from public review, we The following table lists administrative Order 13211. A statement of Energy cannot guarantee that we will be able to roads and trails designated for bicycle Effects is not required. do so. use:

ADMINISTRATIVE ROADS AND TRAILS DESIGNATED FOR BICYCLE USE—NORTH TO SOUTH

Hawks Nest Connector Trail ...... Keeneys Creek Rail Trail ...... Rend Trail. Fayetteville Trail ...... Headhouse Trail ...... Stone Cliff Trail. Park Loop Trail ...... Tipple Trail ...... Terry Top Trail. Timber Ridge Trail ...... Seldom Seen Trail ...... Garden Ground Stacked Loop Trail. Kaymoor Trail ...... Nuttallburg Town Loop Connector Trail ...... Little Laurel Trail. Craig Branch Trail ...... Brooklyn Mine Trail ...... Mud Turn Trail. Arrowhead Trail ...... Brooklyn Miner’s Connector Trail ...... Glade Creek Trail. Long Point Trail (except 0.2 miles closest to Southside Trail ...... Panther Branch Connector Trail. Long Point Vista).

(2) How will I know where the trails all bicyclists must yield to other trail (4) How will the Superintendent designated for bicycle use are located in users in the following manner: manage the designated bicycle routes? the park? Designated trails are identified (A) A bicyclist must yield to an The Superintendent may open or close on maps located in the Superintendent’s equestrian; designated bicycle routes, or portions office, at interpretive kiosks, and on the (B) A bicyclist must yield to a thereof, or impose conditions or park’s Web site. Trails will also be pedestrian; and restrictions for bicycle use after taking (C) A bicyclist travelling downhill posted at trailheads and other into consideration public health and must yield to a bicyclist travelling appropriate locations. uphill. safety, natural and cultural resource (3) What requirements must I meet to (ii) Yielding the right of way requires protection, and other management ride a bicycle within New River Gorge slowing down to a safe speed, being activities and objectives. National River? (i) In addition to the prepared to stop, establishing (i) The Superintendent will provide applicable provisions in 36 CFR part 4, communication, and passing safely. public notice of all such actions through (iii) Failure to yield is prohibited.

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one or more of the methods listed in OAR–2009–0786, by one of the Docket Center homepage at http://www. § 1.7 of this chapter. following methods: epa.gov/epahome/dockets.htm. (ii) Violating a closure, condition, or 1. www.regulations.gov: Follow the Docket: All documents in the restriction is prohibited. on-line instructions for submitting electronic docket are listed in the www. Dated: August 17, 2012. comments. regulations.gov index. Although listed 2. Email: [email protected]. in the index, some information is not Rachel Jacobson, 3. Fax: 404–562–9019. publicly available, i.e., CBI or other Principal Deputy Assistant Secretary for Fish 4. Mail: EPA–R04–OAR–2009–0786, information whose disclosure is and Wildlife and Parks. Regulatory Development Section, Air restricted by statute. Certain other [FR Doc. 2012–20898 Filed 8–24–12; 8:45 am] Planning Branch, Air, Pesticides and material, such as copyrighted material, BILLING CODE 4310–YP–P Toxics Management Division, U.S. is not placed on the Internet and will be Environmental Protection Agency, publicly available only in hard copy Region 4, 61 Forsyth Street SW., form. Publicly available docket ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. materials are available either AGENCY 5. Hand Delivery or Courier: Lynorae electronically in www.regulations.gov or Benjamin, Chief, Regulatory in hard copy at the Regulatory 40 CFR Part 52 Development Section, Air Planning Development Section, Air Planning Branch, Air, Pesticides and Toxics Branch, Air, Pesticides and Toxics [EPA–R04–OAR–2009–0786; FRL–9719–6] Management Division, U.S. Management Division, U.S. Environmental Protection Agency, Environmental Protection Agency, Approval and Promulgation of Region 4, 61 Forsyth Street SW., Implementation Plans; Tennessee; Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Such Atlanta, Georgia 30303–8960. EPA Regional Haze State Implementation deliveries are only accepted during the Plan; Best Available Retrofit requests that if at all possible, you Regional Office’s normal hours of contact the person listed in the FOR Technology for Eastman Chemical operation. The Regional Office’s official Company FURTHER INFORMATION CONTACT section to hours of business are Monday through schedule your inspection. The Regional AGENCY: Environmental Protection Friday, 8:30 to 4:30, excluding federal Office’s official hours of business are Agency (EPA). holidays. Monday through Friday, 8:30 to 4:30, Instructions: Direct your comments to ACTION: excluding federal holidays. Proposed rule. Docket ID No. ‘‘EPA–R04–OAR–2009– 0786.’’ EPA’s policy is that all FOR FURTHER INFORMATION CONTACT: SUMMARY: EPA is proposing to approve Michele Notarianni, Regulatory a revision to the State Implementation comments received will be included in the public docket without change and Development Section, Air Planning Plan (SIP) submitted by the State of Branch, Air, Pesticides and Toxics Tennessee, through the Tennessee may be made available online at www.regulations.gov, including any Management Division, U.S. Department Environment and Environmental Protection Agency, Conservation (TDEC), on May 14, 2012, personal information provided, unless the comment includes information Region 4, 61 Forsyth Street SW., related to the Best Available Retrofit Atlanta, Georgia 30303–8960. Michele Technology (BART) requirements for claimed to be Confidential Business Information (CBI) or other information Notarianni can be reached at telephone the Eastman Chemical Company number (404) 562–9031 and by (Eastman). Specifically, the May 14, whose disclosure is restricted by statute. Do not submit through www.regulations. electronic mail at notarianni.michele@ 2012, SIP revision modifies the epa.gov. compliance date for the Eastman BART gov or email, information that you SUPPLEMENTARY INFORMATION: determination included in Tennessee’s consider to be CBI or otherwise April 4, 2008, SIP revision and provides protected. The www.regulations.gov Table of Contents Web site is an ‘‘anonymous access’’ a BART alternative determination I. What is the background for this proposed option for Eastman. Together, system, which means EPA will not know your identity or contact action? Tennessee’s April 4, 2008, and May 14, II. What are the requirements for a BART 2012, SIP revisions address the information unless you provide it in the alternative determination? requirements of the Clean Air Act (CAA body of your comment. If you send an III. What is EPA’s analysis of Tennessee’s or Act) and EPA’s rules that require email comment directly to EPA without May 14, 2012, SIP revision? states to prevent any future and remedy going through www.regulations.gov, IV. Proposed Action V. Statutory and Executive Order Reviews any existing anthropogenic impairment your email address will be of visibility in mandatory Class I areas automatically captured and included as I. What is the background for this (national parks and wilderness areas) part of the comment that is placed in the proposed action? caused by emissions of air pollutants public docket and made available on the Internet. If you submit an electronic On April 4, 2008, TDEC submitted a from numerous sources located over a revision to Tennessee’s SIP to address wide geographic area (also referred to as comment, EPA recommends that you include your name and other contact regional haze in mandatory federal Class the ‘‘regional haze program’’). EPA is I areas within the State and in proposing to approve Tennessee’s May information in the body of your comment and with any disk or CD–ROM mandatory federal Class I areas outside 14, 2012, SIP revision because it is the State which may be affected by consistent with the CAA and EPA’s you submit. If EPA cannot read your comment due to technical difficulties emissions from within the State. On regulations on regional haze BART 1 and cannot contact you for clarification, June 9, 2011, EPA published an action determinations and BART alternative proposing a limited approval and a determinations. EPA may not be able to consider your comment. Electronic files should avoid limited disapproval of Tennessee’s DATES: Comments must be received on the use of special characters, any form or before September 26, 2012. 1 On July 26, 2011, EPA reopened the comment of encryption, and be free of any defects period for EPA’s proposed action related to ADDRESSES: Submit your comments, or viruses. For additional information Tennessee’s April 4, 2008, SIP revision. See 76 FR identified by Docket ID No. EPA–R04– about EPA’s public docket visit the EPA 44534.

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April 4, 2008, SIP revision (including Eastman elects to implement the BART conducted by making a determination of the BART determination for Eastman) to alternative instead of the original BART BART for each source subject to BART address regional haze during the first determination, Eastman must begin and covered by the alternative program. implementation period.2 See 76 FR construction on the BART alternative (D) An analysis of the projected 33662. Detailed background information prior to April 30, 2017, and complete emissions reductions achievable and EPA’s rationale for the proposed construction no later than the earlier of: through the alternative measure. action is provided in EPA’s June 9, December 31, 2018; the end of the (E) A determination that the 2011, proposed rulemaking. See 76 FR period of the first long-term strategy alternative measure achieves greater 33662. (LTS) for regional haze as determined by reasonable progress than would be After publication of EPA’s June 2011 EPA; or the compliance deadline for the achieved through the installation and proposed action on Tennessee’s regional one-hour SO2 national ambient air operation of BART at the covered haze SIP revision, the State and Eastman quality standard (NAAQS). Tennessee’s sources. entered into discussions regarding a May 14, 2012, SIP revision also (F) A requirement that all necessary BART alternative determination that stipulates that if Eastman elects to emissions reductions take place during would give Eastman the option to implement the original BART the period of the first long-term strategy comply with the regional haze BART determination instead of the BART for regional haze. To meet this requirements by converting its B–253 alternative, it must comply with the requirement, the State must provide a Powerhouse to natural gas in lieu of BART requirements by April 30, 2017. detailed description of the alternative continuing to use coal and retrofitting The Tennessee Air Pollution Control measure, including schedules for its facility pursuant to the BART Board approved this SIP revision and implementation, the emission determination for sulfur dioxide (SO2) associated operating permit as Board reductions required by the program, all emissions (hereafter referred to as the Order 12–008 on May 9, 2012.3 necessary administrative and technical ‘‘Eastman BART alternative procedures for implementing the determination’’). II. What are the requirements for a program, rules for accounting and On April 24, 2012, EPA took final BART alternative determination? monitoring emissions, and procedures action on Tennessee’s April 4, 2008, Under 40 CFR 51.308(e)(2), states may for enforcement. regional haze SIP revision, with the choose to meet the BART requirements (G) A demonstration that the exception of the BART determination with a BART alternative. Section emissions reductions resulting from the for Eastman. See 77 FR 24392. As noted 51.308(e)(2) specifies the requirements alternative measure will be surplus to in that action, EPA took no action on the that a state must meet to show that the those reductions resulting from Eastman BART determination provided alternative measure or alternative measures adopted to meet requirements in the April 4, 2008, SIP revision program achieves greater reasonable of the CAA as of the baseline date of the (hereafter referred to as the ‘‘original progress than would be achieved SIP. Eastman BART determination’’) at that through the installation and operation of time since EPA expected Tennessee to BART. For a BART alternative, the state III. What is EPA’s analysis of submit a revised SIP addressing a BART must submit an implementation plan Tennessee’s May 14, 2012, SIP revision? alternative determination for Eastman. containing, among other things, the As previously mentioned, TDEC’s EPA’s proposed action for the original following plan elements and include May 14, 2012, SIP revision: (1) Modifies Eastman BART determination remains documentation for all required analyses: the final compliance date for the in place after EPA’s April 24, 2012, (A) A list of all BART-eligible sources original Eastman BART determination; action on the remainder of Tennessee’s within the state. and (2) establishes a BART alternative regional haze SIP revision. (B) A list of all BART-eligible sources option for Eastman to convert its B–253 On May 14, 2012, TDEC submitted a and all BART source categories covered Powerhouse (Boilers 25–29) to burn supplement to its April 2008 Tennessee by the alternative program. The state is natural gas. Specifically, the SIP regional haze plan to EPA with a revised not required to include every BART revision and the associated operating BART determination for Eastman. In source category or every BART-eligible permit (No. 066116H) create two summary, the May 14, 2012, SIP source within a BART source category options for Eastman to reduce its revision for Eastman: (1) Modifies the in an alternative program. visibility impairing pollutants from the final compliance date to April 30, 2017, (C) An analysis of the best system of B–253 Powerhouse and satisfy the for the original Eastman BART continuous emissions control BART requirements in 40 CFR determination; and (2) establishes a technology available and associated 51.308(e). Eastman may install, operate, BART alternative option for Eastman to emissions reductions achievable for and maintain BART no later than April convert its B–253 Powerhouse (Boilers each source within the state subject to 30, 2017 (Option 1), or implement the 25–29) to burn natural gas. The SIP BART and covered by the alternative BART alternative option to fuel switch revision and Eastman’s CAA title V program. This analysis must be its B–253 Powerhouse (Boilers 25–29) operating permit stipulate that if by the earlier of the following: 3 Board Order 12–008 approves the withdrawal of December 31, 2018; the end of the 2 EPA proposed a limited approval of Tennessee’s operating permit 061873H (BART permit for period of the first LTS for regional haze April 4, 2008, SIP revision to implement the Eastman issued March 31, 2008). The Order also regional haze requirements for Tennessee on the approves the submittal of the Alternative BART as determined by EPA; or the basis that the revision, as a whole, strengthens the Determination for Eastman Chemical Company— compliance deadline for the one-hour Tennessee SIP. Further, EPA proposed a limited Tennessee Operations and operating permit SO2 NAAQS (Option 2). disapproval of the same SIP revision because of the 066116H (BART permit for Eastman issued May 9, deficiencies in the State’s regional haze SIP revision 2012) to EPA for adoption into Tennessee’s A. Modified Compliance Date for the arising from the remand of the Clean Air Interstate Regional Haze SIP. Tennessee provided this Eastman BART Determination Rule (CAIR) to EPA by the U.S. Court of Appeals updated Board Order in a SIP revision on May 14, for the District of Columbia Circuit (D.C. Circuit). 2012. While the May 14, 2012, SIP revision The May 14, 2012, SIP revision Subsequently, in a June 7, 2012, action, EPA contained the updated Board Order, EPA notes that requires Eastman to install, operate, and finalized a Federal Implementation Plan for Tennessee did not withdraw the original BART maintain BART no later than April 30, Tennessee to address the deficiencies that resulted determination and technical analysis related to the from the State’s reliance on CAIR for their regional Eastman facility that was provided in Tennessee’s 2017, should Eastman decide not to haze SIP. April 4, 2008, SIP revision. pursue the BART alternative option

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(Option 1). This compliance date evaluated under these provisions in the determination requiring the boilers in supplements the original Eastman BART following subsections. the B–253 Powerhouse to either reduce determination and technical analysis uncontrolled SO2 emissions by 92 1. A List of All BART-Eligible Sources provided in the State’s April 4, 2008, percent or meet an emissions limit of Within the State SIP revision. EPA previously proposed 0.2 pounds per million British thermal approval of the original Eastman BART Tennessee’s May 14, 2012, SIP units (lbs/MMBtu) heat input. EPA determination in its June 9, 2011, revision identified the following BART- proposed approval of Tennessee’s BART proposal on Tennessee’s regional haze eligible sources within Tennessee: determination for the B–253 SIP. The comment period on that action (1) Aluminum Company of America Powerhouse in its June 9, 2011, action closed August 10, 2011. As such, EPA (Alcoa)—South Plant; on Tennessee’s April 4, 2008, regional is not reopening comment on the (2) DuPont White Pigment and haze SIP revision. On April 24, 2012, original Eastman BART determination. Mineral Products (Humphreys County); EPA took final action for Tennessee’s In today’s rulemaking, EPA is taking (3) Eastman Chemical Company— April 4, 2008, regional haze SIP comment only on the proposed approval Tennessee Operations; revision, with the exception of the of the April 30, 2017, compliance date (4) E. I. DuPont de Nemours and BART determination for Eastman. See for the original Eastman BART Company, Inc. (Old Hickory); 77 FR 24392. EPA’s proposed action to determination. (5) E. I. DuPont de Nemours and approve the original Eastman BART EPA proposes to find that the change Company, Inc. (Shelby County); remains in place after EPA’s April 24, in Tennessee’s May 14, 2012, SIP (6) Holston Army Ammunition Plant; 2012, action on the remainder of revision to set a compliance date of (7) Inter-trade Holdings, Inc.; Tennessee’s regional haze SIP revision. (8) Liberty Fibers Corporation; April 30, 2017, for the original BART 4. An Analysis of the Projected determination (as included in condition (9) Lucite International; (10) Owens Corning; Emissions Reductions Achievable 1 of the May 9, 2012, permit for Through the Alternative Measure Eastman—number 066116H) is (11) Packaging Corporation of consistent with the CAA as well as America; Under the proposed BART alternative (12) PCS Nitrogen; EPA’s regulations and guidance for option for Eastman to convert its B–253 (13) Tennessee Valley Authority BART determinations. Had EPA Powerhouse (Boilers 25–29) to burn (WA)—Bull Run Fossil Plant; finalized its proposed action regarding natural gas (Option 2), the SO2 (14) Tennessee Valley Authority— the original Eastman BART emissions rate would be 0.0006 lbs/ Cumberland Fossil Plant; MMBtu heat input based on the determination on April 24, 2012, when (15) Zinifex; and allowable sulfur in pipeline natural gas. the Agency took final action on the (16) Weyerhaeuser Corporation (now This limit is an additional 99.7 percent remainder of Tennessee’s April 4, 2008, Domtar Paper Company)—Sullivan reduction from the compliance limit of SIP revision, the compliance date for the County. 0.2 lbs/MMBtu heat input for the BART original BART determination would This list includes all BART-eligible determination (Option 1). In addition, have been May 24, 2017. Therefore, this sources in Tennessee, as determined by nitrogen oxide emissions are expected proposed compliance date accelerates EPA in its April 24, 2012, final action to be reduced 50 percent from the the implementation of BART at on Tennessee’s April 4, 2008, regional existing baseline by the conversion to Eastman, should Eastman decide not to haze SIP. natural gas. No NOx reductions are implement the BART alternative option expected from the original Eastman evaluated below. 2. A List of All BART-Eligible Sources BART determination. and All BART Source Categories B. BART Alternative Option Covered by the Alternative Program 5. A Determination That the Alternative The May 14, 2012, SIP revision also The BART alternative option Measure Achieves Greater Reasonable provides Eastman with the option to proposed in this action only pertains to Progress Than Would Be Achieved implement a BART alternative, in lieu the five boilers at Eastman’s B–253 Through the Installation and Operation of the original BART, that requires Powerhouse. It does not establish a of BART at the Covered Sources repowering the B–253 Powerhouse to trading program within the meaning of If there is no difference in the natural gas by the earlier of the the federal BART regulations or include geographic distribution of BART-eligible following: December 31, 2018; the end any other BART-eligible facilities. source emissions between BART and of the period of the first LTS for regional the BART alternative, the BART 3. An Analysis of the Best System of haze as determined by EPA; or the alternative measure may be deemed to Continuous Emissions Control compliance deadline for the one-hour achieve greater reasonable progress if it Technology Available and Associated SO2 NAAQS (Option 2). A December 31, results in greater emissions reductions Emissions Reductions Achievable for 2018, date for the end of the period of than BART (i.e., dispersion modeling is Each Source Within the State Subject to the first LTS is consistent with the not required to evaluate the differences BART and Covered by the Alternative requirement to evaluate visibility over in visibility between BART and the Program. This Analysis Must Be calendar year periods and the BART alternative). 40 CFR 51.308(e)(3). Conducted by Making a Determination requirement for each state to submit an Since the BART alternative measure for of BART for Each Source Subject to initial regional haze SIP that covers the the Eastman facility would result in a 4 BART and Covered by the Alternative period from submittal through 2018. lower emission rate than BART and Program The BART alternative option is since there is no difference in the subject to the provisions of 40 CFR In its April 4, 2008, regional haze SIP geographic distribution of emissions 51.308(e)(2), as discussed in Section II revision, Tennessee completed an between BART and the BART of this proposed rulemaking, and is analysis of the best system of alternative, EPA proposes to find that continuous emissions control the BART alternative measure results in 4 40 CFR 51.308(f). See also 64 FR 35713, 35732– 33, 35746 (July 1, 1999) (providing examples that technology available and associated greater reasonable progress than BART. include uniform rate of progress projections for the emissions reductions achievable for The compliance date for BART entire year of 2018). Eastman and included a BART (Option 1) is April 30, 2017, and the

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final compliance date for the BART 7. A Demonstration That the Emissions meeting federal requirements and does alternative (Option 2) is the end of the Reductions Resulting From the not impose additional requirements first regional haze implementation Alternative Measure Will Be Surplus to beyond those imposed by State law. For period in accordance with EPA’s Those Reductions Resulting From that reason, this proposed action: regulations. If Eastman chooses to adopt Measures Adopted To Meet • Is not a ‘‘significant regulatory the BART alternative, phased Requirements of the CAA as of the action’’ subject to review by the Office implementation of the conversion of Baseline Date of the SIP of Management and Budget under natural gas is expected throughout the Implementation of the Eastman BART Executive Order 12866 (58 FR 51735, first regional haze implementation alternative would result in surplus October 4, 1993); period with lower emissions rates as emissions reductions since the • Does not impose an information each unit is converted. Furthermore, the additional emissions reductions beyond collection burden under the provisions lower emissions rates from repowering BART are not required to meet any other of the Paperwork Reduction Act (44 with natural gas will continue to extend provision of the CAA or any other TDEC U.S.C. 3501 et seq.); into the future, providing substantially requirements as of the date that the • Is certified as not having a greater reasonable progress than BART. Tennessee Air Pollution Control Board significant economic impact on a EPA therefore proposes to agree with adopted Board Order 12–008. substantial number of small entities Tennessee’s determination that the EPA proposes to find that the change under the Regulatory Flexibility Act (5 BART alternative for the Eastman B–253 in Tennessee’s May 14, 2012, SIP U.S.C. 601 et seq.); revision to establish a BART alternative Powerhouse will result in ‘‘greater • Does not contain any unfunded reasonable progress’’ than BART within option for Eastman to convert its B–253 Powerhouse (Boilers 25–29) to burn mandate or significantly or uniquely the meaning of the federal regional haze affect small governments, as described rules. natural gas is consistent with the CAA as well as EPA’s regulations and in the Unfunded Mandates Reform Act 6. A Requirement That All Necessary guidance for BART alternative of 1995 (Pub. L. 104–4); Emissions Reductions Take Place determinations. • Does not have Federalism implications as specified in Executive During the Period of the First LTS for IV. Proposed Action Regional Haze. To Meet This Order 13132 (64 FR 43255, August 10, Requirement, the State Must Provide a EPA is proposing to approve a 1999); Detailed Description of the Alternative revision to the Tennessee SIP submitted • Is not an economically significant Measure, Including Schedules for by the State of Tennessee on May 14, regulatory action based on health or Implementation, the Emissions 2012, related to the BART requirements safety risks subject to Executive Order Reductions Required by the Program, for Eastman, which supplements the 13045 (62 FR 19885, April 23, 1997); April 4, 2008, revision. Specifically, All Necessary Administrative and • EPA is proposing to approve the BART Is not a significant regulatory action Technical Procedures for Implementing alternative determination option for subject to Executive Order 13211 (66 FR the Program, Rules for Accounting and Eastman which would allow for the 28355, May 22, 2001); Monitoring Emissions, and Procedures conversion of Eastman’s B–253 • Is not subject to requirements of for Enforcement Powerhouse (Boilers 25–29) to burn Section 12(d) of the National Technology Transfer and Advancement Tennessee’s May 14, 2012, SIP natural gas. As a supplement to EPA’s Act of 1995 (15 U.S.C. 272 note) because revision and associated operating permit existing proposed action to approve the application of those requirements would require that Eastman comply with the original Eastman BART determination, EPA is also now proposing to approve be inconsistent with the CAA; and BART alternative (should Eastman a compliance end date of April 17, 2018 • chose Option 2) no later than December Does not provide EPA with the for the original BART determination, discretionary authority to address, as 31, 2018, thereby satisfying the should Eastman elect not to implement requirement that a source implement a appropriate, disproportionate human the BART alternative determination. health or environmental effects, using BART alternative during the period of EPA has preliminarily concluded that practicable and legally permissible the first LTS. The operating permit also the Eastman BART alternative methods, under Executive Order 12898 details the procedures for accounting determination and proposed change to (59 FR 7629, February 16, 1994). and monitoring the emissions under the the compliance date for the original In addition, this proposed rule does BART alternative. EPA previously Eastman BART determination meet the approved Division Rule 1200–03–9– not have tribal implications as specified applicable regional haze requirements by Executive Order 13175 (65 FR 67249, .02(6) into the Tennessee SIP which as set forth in sections 169A and 169B November 9, 2000), because the SIP is requires all permittees to comply with of the CAA and in 40 CFR 51.308(e)(2) not approved to apply in Indian country the conditions of their operating permit. as described previously in this action. located in the State, and EPA notes that Violation of the permit condition is, by V. Statutory and Executive Order it will not impose substantial direct definition, a violation of Division Rule Reviews costs on tribal governments or preempt 1200–03–9–.02(6) and grounds for tribal law. enforcement action. As previously Under the CAA, the Administrator is discussed, Tennessee provided a required to approve a SIP submission List of Subjects in 40 CFR Part 52 detailed description of the BART that complies with the provisions of the Act and applicable federal regulations. Environmental protection, Air alternative and the expected emissions pollution control, Intergovernmental reductions. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, relations, Nitrogen dioxide, Ozone, EPA’s role is to approve state choices, Reporting and recordkeeping provided that they meet the criteria of requirements, Volatile organic the CAA. Accordingly, this proposed compounds. action merely approves state law as Authority: 42 U.S.C. 7401 et seq.

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Dated: August 9, 2012. DATES: Comments are to be submitted stringent in their floodplain A. Stanley Meiburg, on or before November 26, 2012. management requirements. The Acting Regional Administrator, Region 4. ADDRESSES: You may submit comments, community may at any time enact [FR Doc. 2012–21040 Filed 8–24–12; 8:45 am] identified by Docket No. FEMA–B– stricter requirements of its own or BILLING CODE 6560–50–P 1158, to Luis Rodriguez, Chief, pursuant to policies established by other Engineering Management Branch, Federal, State, or regional entities. Federal Insurance and Mitigation These proposed elevations are used to DEPARTMENT OF HOMELAND Administration, Federal Emergency meet the floodplain management SECURITY Management Agency, 500 C Street SW., requirements of the NFIP and also are Washington, DC 20472, (202) 646–4064 used to calculate the appropriate flood Federal Emergency Management or (email) insurance premium rates for new Agency [email protected]. buildings built after these elevations are made final, and for the contents in those 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering buildings. [Docket ID FEMA–2010–0003; Internal Management Branch, Federal Insurance Correction Agency Docket No. FEMA–B–1158] and Mitigation Administration, Federal Proposed Flood Elevation Emergency Management Agency, 500 C In the proposed rule published at 75 Determinations Street SW., Washington, DC 20472, FR 78654, in the December 16, 2010, (202) 646–4064 or (email) issue of the Federal Register, FEMA AGENCY: Federal Emergency [email protected]. published a table under the authority of Management Agency, DHS. 44 CFR 67.4. The table, entitled ‘‘City of SUPPLEMENTARY INFORMATION: The ACTION: Proposed rule; correction. Federal Emergency Management Agency Newport News, Virgina’’ addressed the flooding sources Newmarket Creek, SUMMARY: On December 16, 2010, FEMA (FEMA) publishes proposed Newmarket Creek Tributary, Stoney published in the Federal Register a determinations of Base (1% annual- Run, Stoney Run-Colony Pines Branch, proposed rule that contained an chance) Flood Elevations (BFEs) and erroneous table. This notice provides modified BFEs for communities and Stoney Run-Denbigh Branch. That corrections to that table, to be used in participating in the National Flood table contained inaccurate information lieu of the information published at 75 Insurance Program (NFIP), in as to the location of referenced FR 78654. The table provided here accordance with section 110 of the elevation, effective and modified represents the flooding sources, location Flood Disaster Protection Act of 1973, elevation in feet, and/or communities of referenced elevations, effective and 42 U.S.C. 4104, and 44 CFR 67.4(a). affected for the flooding sources Stoney modified elevations, and communities These proposed BFEs and modified Run-Colony Pines Branch and Stoney affected for the City of Newport News, BFEs, together with the floodplain Run-Denbigh Branch. In this notice, Virginia. Specifically, it addresses the management criteria required by 44 CFR FEMA is publishing a table containing flooding sources Newmarket Creek, 60.3, are minimum requirements. They the accurate information, to address Newmarket Creek Tributary, Stoney should not be construed to mean that these prior errors. The information Run, Stoney Run-Colony Pines Branch, the community must change any provided below should be used in lieu and Stoney Run-Denbigh Branch. existing ordinances that are more of that previously published.

* Elevation in feet (NGVD) ∂ Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground ∧ Elevation in meters (MSL) Existing Modified

City of Newport News, Virginia

Virginia ...... City of Newport Newmarket Creek ...... Approximately 0.45 mile downstream of None +18 News. Hampton Roads Center Parkway. Approximately 0.94 mile upstream of None +21 Hampton Roads Center Parkway. City of Newport Newmarket Creek ...... Approximately 1,287 feet downstream of None +24 News. Harpersville Road. Approximately 0.56 mile upstream of None +26 Harpersville Road. City of Newport Newmarket Creek Tribu- Approximately 765 feet downstream of None +22 News. tary. Agusta Drive. Approximately 167 feet upstream of None +22 Agusta Drive. City of Newport Stoney Run...... Approximately 0.8 mile downstream of +7 +8 News. Old Courthouse Way. Approximately 0.56 mile upstream of None +47 Woodside Lane. City of Newport Stoney Run-Colony Pines Approximately 776 feet downstream of None +27 News. Branch. Richneck Road. Approximately 1,450 feet upstream of None +40 Windsor Castle Drive.

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* Elevation in feet (NGVD) ∂ Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground ∧ Elevation in meters (MSL) Existing Modified

City of Newport Stoney Run-Denbigh Just downstream of Richneck Road ...... None +27 News. Branch. Just downstream of McManus Boulevard None +33

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emer- gency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Newport News Maps are available for inspection at The Department of Engineering, 2400 Washington Avenue, Newport News, VA 23607.

(Catalog of Federal Domestic Assistance No. approximately 0.47 mile downstream of management requirements. The 97.022, ‘‘Flood Insurance.’’) I–190 and approximately 1.21 miles community may at any time enact Dated: August 8, 2012. upstream of I–190 are to be submitted stricter requirements of its own or Sandra K. Knight, on or before November 26, 2012. pursuant to policies established by other Deputy Associate Administrator for ADDRESSES: You may submit comments, Federal, State, or regional entities. Mitigation, Department of Homeland identified by Docket No. FEMA–B– These proposed elevations are used to Security, Federal Emergency Management 1083, to Luis Rodriguez, Chief, meet the floodplain management Agency. Engineering Management Branch, requirements of the NFIP and also are [FR Doc. 2012–20985 Filed 8–24–12; 8:45 am] Federal Insurance and Mitigation used to calculate the appropriate flood BILLING CODE 9110–12–P Administration, Federal Emergency insurance premium rates for new Management Agency, 500 C Street SW., buildings built after these elevations are Washington, DC 20472, (202) 646–4064 DEPARTMENT OF HOMELAND made final, and for the contents in those or (email) buildings. SECURITY [email protected]. Correction Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Luis Agency Rodriguez, Chief, Engineering In the proposed rule published at 74 Management Branch, Federal Insurance FR 66602, in the December 16, 2009, 44 CFR Part 67 and Mitigation Administration, Federal issue of the Federal Register, FEMA [Docket ID FEMA–2008–0020; Internal Emergency Management Agency, 500 C published a table under the authority of Agency Docket No. FEMA–B–1083] Street SW., Washington, DC 20472, 44 CFR 67.4. The table, entitled ‘‘Pointe (202) 646–4064 or (email) Coupee Parish, Louisiana, and Proposed Flood Elevation [email protected]. Incorporated Areas’’ addressed several Determinations SUPPLEMENTARY INFORMATION: The flooding sources, including Bayou AGENCY: Federal Emergency Federal Emergency Management Agency Fordoche. The proposed rule incorrectly Management Agency, DHS. (FEMA) publishes proposed listed the flooding source name, Bayou ACTION: Proposed rule; correction. determinations of Base (1% annual- Fordoche, for the location chance) Flood Elevations (BFEs) and approximately 0.47 mile downstream of SUMMARY: On December 16, 2009, FEMA modified BFEs for communities I–190 and approximately 1.21 miles published in the Federal Register a participating in the National Flood upstream of I–190. The correct flooding proposed rule that included an Insurance Program (NFIP), in source name is Bayou Grosse Tete. This erroneous flooding source name for the accordance with section 110 of the proposed rule correction is reopening Town of Livonia in Pointe Coupee Flood Disaster Protection Act of 1973, the comment period for Bayou Grosse Parish, Louisiana. The flooding source 42 U.S.C. 4104, and 44 CFR 67.4(a). Tete, for the location approximately name of Bayou Fordoche, in effect for These proposed BFEs and modified 0.47 mile downstream of I–190 and the location approximately 0.47 mile BFEs, together with the floodplain approximately 1.21 miles upstream of I– downstream of I–190 and approximately management criteria required by 44 CFR 190, due to the error in listing the 1.21 miles upstream of I–190 should 60.3, are minimum requirements. They flooding source name in the previously have been listed as Bayou Grosse Tete. should not be construed to mean that published proposed rule at 74 FR 66602. DATES: Comments pertaining to the the community must change any Bayou Grosse Tete Base Flood existing ordinances that are more (Catalog of Federal Domestic Assistance No. Elevations for the location stringent in their floodplain 97.022, ‘‘Flood Insurance.’’)

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Dated: August 8, 2012. Christina River, and West Branch Laurel insurance premium rates for new Sandra K. Knight, Run. buildings built after these elevations are Deputy Associate Administrator for DATES: Comments are to be submitted made final, and for the contents in those Mitigation, Department of Homeland on or before November 26, 2012. buildings. Security, Federal Emergency Management ADDRESSES: You may submit comments, Agency. Corrections identified by Docket No. FEMA–B– [FR Doc. 2012–20981 Filed 8–24–12; 8:45 am] 1145, to Luis Rodriguez, Chief, In the proposed rule published at 75 BILLING CODE 9110–12–P Engineering Management Branch, FR 62061, in the October 7, 2010, issue Federal Insurance and Mitigation of the Federal Register, FEMA DEPARTMENT OF HOMELAND Administration, Federal Emergency published a table under the authority of SECURITY Management Agency, 500 C Street SW., 44 CFR 67.4. The table, entitled ‘‘Cecil Washington, DC 20472, (202) 646–4064 County, Maryland, and Incorporated Federal Emergency Management or (email) Areas’’ addressed the following flooding Agency [email protected]. sources: Back Creek, Big Elk Creek, FOR FURTHER INFORMATION CONTACT: Luis Bohemia River, Chesapeake and 44 CFR Part 67 Rodriguez, Chief, Engineering Delaware Canal, Christina Creek, Dogwood Run, Gravelly Run, Hall [Docket ID FEMA–2010–0003; Internal Management Branch, Federal Insurance Agency Docket No. FEMA–B–1145] and Mitigation Administration, Federal Creek, Herring Creek, Laurel Run, Little Emergency Management Agency, 500 C Bohemia Creek, Little Elk Creek, Little Proposed Flood Elevation Street SW., Washington, DC 20472, Northeast Creek, Long Creek, Mill Determinations (202) 646–4064 or (email) Creek, Mill Creek (Tributary to Little Elk [email protected]. Creek), Northeast Creek, Perch Creek, AGENCY: Federal Emergency Plum Creek, Susquehanna River, SUPPLEMENTARY INFORMATION: The Management Agency, DHS. Tributary 1 to Stone Run, Unnamed ACTION: Proposed rule; correction. Federal Emergency Management Agency (FEMA) publishes proposed Tributary to Laurel Run, West Branch SUMMARY: On October 7, 2010, FEMA determinations of Base (1% annual- Christina River, and West Branch Laurel published in the Federal Register a chance) Flood Elevations (BFEs) and Run. proposed rule that contained an modified BFEs for communities That table contained inaccurate erroneous table. This notice provides participating in the National Flood information as to the location of corrections to that table, to be used in Insurance Program (NFIP), in referenced elevation, effective and lieu of the information published at 75 accordance with section 110 of the modified elevation in feet, and/or FR 62061. The table provided here Flood Disaster Protection Act of 1973, communities affected for the following represents the flooding sources, location 42 U.S.C. 4104, and 44 CFR 67.4(a). flooding sources: Big Elk Creek, of referenced elevations, effective and These proposed BFEs and modified Christina Creek, Dogwood Run, Little modified elevations, and communities BFEs, together with the floodplain Elk Creek, Little Northeast Creek, Mill affected for Cecil County, Maryland, and management criteria required by 44 CFR Creek, Northeast Creek, Tributary 1 to Incorporated Areas. Specifically, it 60.3, are minimum requirements. They Stone Run, and West Branch Christina addresses the following flooding should not be construed to mean that River. It also did not include the sources: Back Creek, Big Elk Creek, the community must change any flooding source Tributary 2 to Stone Bohemia River, Chesapeake and existing ordinances that are more Run, and the flooding source Christina Delaware Canal, Christina River, stringent in their floodplain River was erroneously referred to as Dogwood Run, Gravelly Run, Hall management requirements. The Christina Creek. Additionally, the Town Creek, Herring Creek, Laurel Run, Little community may at any time enact of Perryville has been added as a Bohemia Creek, Little Elk Creek, Little stricter requirements of its own or community affected by Mill Creek. In Northeast Creek, Long Creek, Mill pursuant to policies established by other this notice, FEMA is publishing a table Creek, Mill Creek (Tributary to Little Elk Federal, State, or regional entities. containing the accurate information, to Creek), Northeast Creek, Perch Creek, These proposed elevations are used to address these prior errors. The Plum Creek, Susquehanna River, meet the floodplain management information provided below should be Tributary 1 to Stone Run, Unnamed requirements of the NFIP and also are used in lieu of that previously Tributary to Laurel Run, West Branch used to calculate the appropriate flood published.

* ∂ Elevation Elevation # Flooding source(s) Location of referenced elevation ** in feet in feet Depth in feet above (NGVD) (NAVD) ground

Cecil County, Maryland, and Incorporated Areas

Back Creek ...... Approximately 224 feet downstream of 2nd Street ..... None +11 Unincorporated Areas of Cecil County. Approximately 1,136 feet upstream of Old Telegraph None +11 Road. Big Elk Creek ...... Approximately 0.68 mile downstream of West Pulaski None +11 Town of Elkton, Unincor- Road. porated Areas of Cecil County. Approximately 1,140 feet downstream of Elk Mills None +81 Road. Bohemia River ...... At Augustine Herman Highway ...... None +11 Unincorporated Areas of Cecil County.

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* ∂ Elevation Elevation # Flooding source(s) Location of referenced elevation ** in feet in feet Depth in feet above (NGVD) (NAVD) ground

Approximately 860 feet upstream of Old Telegraph None +11 Road. Chesapeake and Delaware Approximately 0.92 mile upstream of Augustine Her- None +11 Unincorporated Areas of Canal. man Highway. Cecil County. Approximately 1.96 miles upstream of Augustine Her- None +11 man Highway. Christina River ...... At the New Castle County boundary ...... +159 +160 Unincorporated Areas of Cecil County. Approximately 100 feet downstream of the Chester +267 +268 County boundary. Dogwood Run ...... At the Little Elk Creek confluence ...... +21 +22 Town of Elkton, Unincor- porated Areas of Cecil County. Approximately 60 feet downstream of Blue Ball Road +30 +27 Gravelly Run ...... At the Little Elk Creek confluence ...... None +50 Unincorporated Areas of Cecil County. Approximately 246 feet downstream of Blue Ball None +57 Road. Hall Creek ...... At Glebe Road ...... None +11 Unincorporated Areas of Cecil County. Approximately 0.86 mile upstream of Mill Lane ...... None +11 Herring Creek ...... Approximately 2.74 miles downstream of Augustine None +11 Unincorporated Areas of Herman Highway. Cecil County. Approximately 1,609 feet downstream of Augustine None +11 Herman Highway. Laurel Run ...... At the Little Elk Creek confluence ...... None +40 Unincorporated Areas of Cecil County. Approximately 1,500 feet downstream of the West None +59 Branch Laurel Run confluence. Little Bohemia Creek ...... At the Bohemia Creek confluence ...... None +11 Unincorporated Areas of Cecil County. At Bohemia Church Road ...... None +11 Little Elk Creek ...... Approximately 631 feet downstream of West Pulaski +11 +14 Town of Elkton, Unincor- Highway. porated Areas of Cecil County. Approximately 1,220 feet downstream of Elkton Road +15 +16 Little Elk Creek ...... Approximately 425 feet downstream of the Laurel None +39 Unincorporated Areas of Run confluence. Cecil County. Approximately 910 feet downstream of Heron Lane ... None +58 Little Northeast Creek ...... Approximately 210 feet upstream of Pulaski Highway +37 +38 Unincorporated Areas of Cecil County. Approximately 757 feet downstream of Chessie Sys- +76 +74 tem Railroad. Long Creek ...... At Boat Yard Road ...... None +11 Unincorporated Areas of Cecil County. At Woods Road ...... None +11 Mill Creek...... Approximately 1,095 feet downstream of Access +11 +12 Town of Perryville, Unin- Road. corporated Areas of Cecil County. Approximately 260 feet downstream of Principio Road +283 +284 Mill Creek (Tributary to Little Approximately 1,624 feet downstream of Old Elk None +11 Unincorporated Areas of Elk Creek). Neck Road. Cecil County. Approximately 1,939 feet upstream of Old Elk Neck None +11 Road. Northeast Creek ...... Approximately 542 feet downstream of Main Street ... +11 +12 Town of North East, Unin- corporated Areas of Cecil County. Approximately 125 feet downstream of Chessie Sys- +71 +72 tem Railroad. Perch Creek ...... Approximately 0.49 mile downstream of Augustine None +11 Unincorporated Areas of Herman Highway. Cecil County. At Augustine Herman Highway ...... None +11 Plum Creek ...... Approximately 1.32 miles downstream of Old Field None +11 Unincorporated Areas of Point Road. Cecil County. Approximately 1,154 feet upstream of Old Elk Neck None +11 Road. Susquehanna River ...... Approximately 1.75 miles upstream of I-95 ...... +11 +12 Unincorporated Areas of Cecil County. At U.S. Route 1 ...... +37 +38 Tributary 1 to Stone Run ...... At the Stone Run confluence ...... +274 +271 Town of Rising Sun, Unin- corporated Areas of Cecil County.

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* ∂ Elevation Elevation # Flooding source(s) Location of referenced elevation ** in feet in feet Depth in feet above (NGVD) (NAVD) ground

Approximately 460 feet downstream of Pierce Road .. None +359 Tributary 2 to Stone Run ...... At the Stone Run confluence ...... +274 +271 Town of Rising Sun, Unin- corporated Areas of Cecil County. At the upstream side of Harrington Drive ...... +310 +312 Unnamed Tributary to Laurel Approximately 230 feet upstream of the Laurel Run None +41 Unincorporated Areas of Run. confluence. Cecil County. Approximately 1,400 feet upstream of the Laurel Run None +52 confluence. West Branch Christina River Approximately 600 feet upstream of the Newcastle +107 +108 Unincorporated Areas of County boundary. Cecil County. Approximately 250 feet upstream of Jackson Hall +195 +193 School Road. West Branch Laurel Run ...... Approximately 494 feet upstream of the Laurel Run None +64 Unincorporated Areas of confluence. Cecil County. Approximately 93 feet upstream of Marley Road ...... None +74

* National Geodetic Vertical Datum. # Depth in feet above ground. ∂ North American Vertical Datum. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emer- gency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Elkton Maps are available for inspection at the Municipal Building, 100 Railroad Avenue, Elkton, MD 21921. Town of North East Maps are available for inspection at the Town Hall, 106 South Main Street, North East, MD 21901. Town of Perryville Maps are available for inspection at the Municipal Building, 515 Broad Street, Perryville, MD 21903. Town of Rising Sun Maps are available for inspection at the Municipal Building, 1 East Main Street, Rising Sun, MD 21911. Unincorporated Areas of Cecil County Maps are available for inspection at the Cecil County Office of Planning and Zoning, 200 Chesapeake Boulevard, Suite 2300, Elkton, MD 21921.

(Catalog of Federal Domestic Assistance No. Dated: August 8, 2012. 97.022, ‘‘Flood Insurance.’’) Sandra K. Knight, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–20984 Filed 8–24–12; 8:45 am] BILLING CODE 9110–12–P

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Notices Federal Register Vol. 77, No. 166

Monday, August 27, 2012

This section of the FEDERAL REGISTER persons are not required to respond to Summary of Collection: The primary contains documents other than rules or the collection of information unless it function of the National Agricultural proposed rules that are applicable to the displays a currently valid OMB control Statistics Service (NASS) is to prepare public. Notices of hearings and investigations, number. and issue current official State and committee meetings, agency decisions and national estimates of crop and livestock rulings, delegations of authority, filing of National Agricultural Statistics Service production. Thousands of farmers, petitions and applications and agency Title: Agricultural Resource statements of organization and functions are ranchers, agribusinesses and others examples of documents appearing in this Management, Chemical Use, and Post- voluntarily respond to nationwide section. harvest Chemical Use Surveys. surveys about crops, livestock, prices, OMB Control Number: 0535–0218. and other agricultural activities. Summary of Collection: The primary Estimates of egg, chicken, and turkey DEPARTMENT OF AGRICULTURE objectives of the National Agricultural production are in an integral part of this Statistics Service (NASS) are to provide program. General authority for these Submission for OMB Review; the public with timely and reliable data collection activities is granted Comment Request agricultural production and economic under U.S. Code Title 7, Section 2204. statistics, as well as environmental and This statue specifies the ‘‘The Secretary August 22, 2012. specialty agricultural related statistics. of Agriculture shall procure and The Department of Agriculture has Three surveys—the Agricultural preserve all information concerning submitted the following information Resource Management Study, the Fruit agriculture which she can obtain * * * collection requirement(s) to OMB for and Vegetable Chemical Use Surveys, by the collection of statistics * * * and review and clearance under the and the Post-harvest Chemical Use shall distribute them among Paperwork Reduction Act of 1995, Survey—are critical to NASS’ ability to agriculturists’’. Information published Public Law 104–13. Comments fulfill these objectives and to build the from the surveys in this docket is regarding (a) Whether the collection of congressionally mandated database on needed by USDA economists and information is necessary for the proper agricultural chemical use and related government policy makers to ensure the performance of the functions of the farm practices. NASS uses a variety of orderly marketing of broilers, turkeys agency, including whether the survey instruments to collect the and eggs. information will have practical utility; information in conjunction with these Need and Use of the Information: (b) the accuracy of the agency’s estimate studies. Statistics on these poultry products of burden including the validity of the Need and Use of the Information: The contribute to a comprehensive program methodology and assumptions used; (c) Agricultural Resource Management of keeping the government and poultry ways to enhance the quality, utility and Study provides a robust data base of industry abreast of anticipated changes. clarity of the information to be information to address varied needs of All of the poultry reports are used by collected; (d) ways to minimize the policy makers. There are many uses for producers, processors, feed dealers, and burden of the collection of information the information from this study others in the marketing and supply on those who are to respond, including including an evaluation of the safety of channels as a basis for their production through the use of appropriate the Nation’s food supply; input to the and marketing decisions. automated, electronic, mechanical or farm sector portion of the gross Description of Respondents: Farms; other technological collection domestic product; and to provide a Business or other for profit. techniques or other forms of information barometer on the financial condition of Number of Respondents: 2,855. technology should be addressed to: Desk farm businesses. Data from the Fruit and Frequency of Responses: Reporting: Officer for Agriculture, Office of Vegetable Chemical Use Surveys is used Weekly; Monthly; Annually. Information and Regulatory Affairs, to assess the environmental and Total Burden Hours: 3,675. Office of Management and Budget economic implications of various (OMB), New Executive Office Building, National Agricultural Statistics Service program and policies and the impact on Washington, DC; OIRA_Submission@ agricultural producers and consumers. Title: Floriculture Survey. OMB.EOP.GOV or fax (202) 395–5806 OMB Control Number: 0535–0093. The results of the Post-harvest Chemical and to Departmental Clearance Office, Summary of Collection: The primary Use Survey are used by the USDA, OCIO, Mail Stop 7602, function of the National Agricultural Environmental Protection Agency (EPA) Washington, DC 20250–7602. Statistics (NASS) is to prepare current to develop Food Quality Protection Act Comments regarding these information official state and national estimates of risk assessments. Other organizations collections are best assured of having crop and livestock production. Since use this data to make sound regulatory their full effect if received within 30 1985 Congress has provided funds to decisions. conduct an annual Commercial days of publication of this notification. Description of Respondents: Farms. Copies of the submission(s) may be Number of Respondents: 120,633. Floriculture Survey which obtains data obtained by calling (202) 720–8681. Frequency of Responses: Reporting: on this important and growing industry. An agency may not conduct or Annually. General authority for these data sponsor a collection of information Total Burden Hours: 70,840. collection activities is granted under unless the collection of information U.S. Code Title 7, Section 2204. This displays a currently valid OMB control National Agricultural Statistics Service statute specifies that ‘‘The Secretary of number and the agency informs Title: Egg, Chicken, and Turkey Agriculture shall procure and preserve potential persons who are to respond to Surveys. all information concerning agriculture the collection of information that such OMB Control Number: 0535–0004. which can be obtain by the collection of

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statistics * * * and shall distribute Paperwork Reduction Act of 1995, activities as well as their integrated them among agriculturists’’. The Public Law 104–13. Comments research and extension activities. floriculture industry accounted for more regarding (a) whether the collection of NIFA is requesting to continue to than $8.6 billion in agricultural cash information is necessary for the proper collect an update to the 5-Year Plan of receipts at the U.S. level. performance of the functions of the Work which began with the Fiscal Year Need and Use of the Information: agency, including whether the 2007, and as a result no longer needs to NASS will collect information to assess information will have practical utility; collect the initial 5-Year Plan. Also, as alternative agriculture opportunities. (b) the accuracy of the agency’s estimate required by the Food Conservation and Data from the survey will provide of burden including the validity of the Energy Act of 2008 (FCEA) (Pub. L. 110– statistics for Federal and State agencies methodology and assumptions used; (c) 246, Sec. 7505), NIFA is working with to monitor the use of agricultural ways to enhance the quality, utility and the university partners in extension and chemicals. If the information is not clarity of the information to be research to review and identify collected data users could not keep collected; (d) ways to minimize the measures to streamline the submission, abreast of changes. burden of the collection of information reporting under, and implementation of Description of Respondents: Farms; on those who are to respond, including plan of work requirements. Business or other-for-profit. through the use of appropriate Need and Use of the Information: Number of Respondents: 9,000. automated, electronic, mechanical, or Institutions are required to annually Frequency of Responses: Reporting: other technological collection report to NIFA the following: (1) The Annually. techniques or other forms of information actions taken to seek stakeholder input Total Burden Hours: 4,464. technology should be addressed to: Desk to encourage their participation; (2) a National Agricultural Statistics Service Officer for Agriculture, Office of brief statement of the process used by Information and Regulatory Affairs, the recipient institution to identify Title: Mink Survey. Office of Management and Budget individuals or groups who are OMB Control Number: 0535–0212. (OMB), Pamela_Beverly_ stakeholders and to collect input from Summary of Collection: The primary [email protected] or them; and (3) a statement of how function of the National Agricultural fax (202) 395–5806 and to Departmental collected input was considered. NIFA Statistics Service (NASS) is to prepare Clearance Office, USDA, OCIO, Mail uses the information to provide and issue current official State and Stop 7602, Washington, DC 20250– feedback to the institutions on their national estimates of crop and livestock 7602. Comments regarding these Plans of Work and Annual Reports of production. Statistics on mink information collections are best assured Accomplishments and Results in order production are published for the 15 of having their full effect if received for institutions to improve the conduct major states that account for 95 percent within 30 days of this notification. and the delivery of their programs. of the U.S. production. There is no other Copies of the submission(s) may be Failure to comply with the requirements source for this type of information. obtained by calling (202) 720–8958. may result in the withholding of a General authority for these data recipient institution’s formula funds collection activities is granted under An agency may not conduct or sponsor a collection of information and redistribution of its share of formula U.S. Code Title 7, Section 2204. funds to other eligible institutions. Need and Use of the Information: unless the collection of information displays a currently valid OMB control Description of Respondents: State, NASS collects information on mink Local or Tribal Government. pelts produced by color, number of number and the agency informs potential persons who are to respond to Number of Respondents: 75. females bred to produce kits the Frequency of Responses: Reporting: the collection of information that such following year, number of mink farms, Annually. average marketing price, and the value persons are not required to respond to Total Burden Hours: 48,600. of pelts produced. The data is the collection of information unless it disseminated by NASS in the Mink displays a currently valid OMB control National Institute of Food and Report and is used by the U.S. number. Agriculture government and other groups. National Institute of Food and Title: NIFA Grant Application. Description of Respondents: Farms. Agriculture OMB Control Number: 0524–0039. Number of Respondents: 350. Summary of Collection: The United Frequency of Responses: Reporting: Title: Reporting Requirements for States Department of Agriculture Annually. State Plans of Work for Agricultural (USDA), National Institute of Food and Total Burden Hours: 89. Research and Extension Formula Funds. Agriculture (NIFA) sponsors ongoing OMB Control Number: 0524–0036. agricultural research, education, and Charlene Parker, Summary of Collection: Section 202 extension programs under which Departmental Information Collection and 225 of the Agricultural Research, competitive, formula, and special Clearance Officer. Extension, and Education Reform Act of awards of a high-priority nature are [FR Doc. 2012–21002 Filed 8–24–12; 8:45 am] 1998 (AREERA) requires that a plan of made These programs are authorized BILLING CODE 3410–20–P work must be submitted by each pursuant to the authorities contained in institution and approved by the the National Agricultural Research, National Institute of Food and Extension, and Teaching Policy Act of DEPARTMENT OF AGRICULTURE Agriculture (NIFA) before formula funds 1977, as amended (7 U.S.C. 3101), the Submission for OMB Review; may be provided to the 1862 and 1890 Smith-Lever Act, and other legislative Comment Request land-grant institutions. The plan of authorities. Before awards can be made, work must address critical agricultural certain information is required from August 22, 2012. issues in the State and describe the applicants as part of an overall The Department of Agriculture has programs and project targeted to address application. In addition to a project submitted the following information these issues using the NIFA formula summary, proposal narrative, vitae of collection requirement(s) to OMB for funds. The plan of work also must key personnel, and other pertinent review and clearance under the describe the institution’s multistate technical aspects of the proposed

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project, supporting documentation of an for advances in industry processing for manufacturing requirements for administrative and budgetary nature technology. maximum free and suspended pulp are also must be provided. This information DATES: Effective Date: September 26, as follows: ‘‘Grade A’’—10 percent by is obtained via applications through the 2012. volume, and ‘‘Grade B’’—12 percent by use of federal-wide standard grant volume. application forms and NIFA specific FOR FURTHER INFORMATION CONTACT: The petitioner believes that, with application forms. Because competitive Brian E. Griffin, Inspection and respect to maximum values for ‘‘free applications are submitted, many of Standardization Branch, Processed and suspended pulp’’, the existing U.S. which necessitate review by peer Products Division, Fruit and Vegetable Standards for Grades of Grapefruit Juice panelists, it is particularly important Program, Agricultural Marketing do not take into account modern that applicants provide the information Service, U.S. Department of Agriculture, extraction and finishing technologies, in a standardized fashion to ensure 1400 Independence Avenue SW., Room nor are they supported by evidence of equitable treatment for all. 0709, South Building; STOP 0247, a correlation between these criteria and Need and Use of the Information: The Washington, DC 20250; fax: (202) 690– acceptable flavor. The petitioner also fundamental purpose of the information 1527; or Internet at http:// believes that removing the ‘‘free and requested is for USDA proposal www.regulations.gov. The U.S. suspended pulp’’ values from the grade evaluation, award, management, Standards for Grades of Grapefruit Juice standards would allow processors to reporting, and recordkeeping, as part of are available through the address cited process the entire grapefruit crop the overall administration of the above and on the AMS Web site at without resorting to expensive research, education, and extension http://www.ams.usda.gov/AMSv1.0/ technologies that increase the cost of programs administered by NIFA. In processedinspection. juice with no concomitant benefit. More addition to federal-wide standard grant SUPPLEMENTARY INFORMATION: Section mature grapefruit tends to be sweeter, application forms, NIFA will use the 203(c) of the Agricultural Marketing Act but when juiced, tends to cause the following program and agency specific of 1946 (7 U.S.C. 1624–1627), as product to exceed maximum free and components as part of its application amended, directs and authorizes the suspended pulp values. package: Supplemental Information Secretary of Agriculture ‘‘to develop and Processing technologies used in the Form; Application Type Form; improve standards of quality, condition, early 1940s were considerably different Application Modification Form; Form quantity, grade, and packaging, and than the technologies in place today. In NIFA–2008, Assurance Statement(s); recommend and demonstrate such the developmental stages of the citrus Form NIFA–2010, Fellowships/ standards in order to encourage industry, the amount of sinking pulp Scholarships Entry/Annual Update/Exit uniformity and consistency in was an indication of excessive pressures Form. commercial practices.’’ used in extraction and finishing of Description of Respondents: Not-for- AMS is committed to carrying out this citrus juice, resulting in bitter flavor. It profit institutions; Business or other for- authority in a manner that facilitates the was noted that sinking pulp levels could profit; Individuals or household; marketing of agricultural commodities be correlated to bitter flavor. The bitter Federal Government; State, Local or and makes copies of official grade flavors are due to the naturally Tribal Government. standards available upon request. Those occurring naringin and limonin Number of Respondents: 6,150. voluntary U.S. Standards for Grades of components found in grapefruit juice. Frequency of Responses: Reporting: Fruits and Vegetables no longer appear Although bitterness is an inherent On occasion. in the Code of Federal Regulations, 7 contributor to what we know as Total Burden Hours: 14,388. CFR part 52, but are maintained by ‘‘grapefruit flavor,’’ an excessive amount USDA, AMS, Fruit and Vegetable of bitterness can be objectionable to Ruth Brown, Programs. AMS is revising the U.S. some consumers. Departmental Information Collection Standards for Grades of Grapefruit Juice Current industry practices have Clearance Officer. using the procedures that appear in part shown us that sinking pulp levels can [FR Doc. 2012–21003 Filed 8–24–12; 8:45 am] 36 of Title 7 of the Code of Federal be greatly influenced by modern BILLING CODE 3410–09–P Regulations (7 CFR part 36). processing techniques, which eliminate the correlation between sinking pulp Background and excessive bitterness. DEPARTMENT OF AGRICULTURE AMS received a petition from the The petitioner submitted research Florida Citrus Processors Association, data covering a six season period which Agricultural Marketing Service an association of citrus producers, illustrates levels of sinking pulp vs. [Document No. AMS–FV–11–0050, FV–12– requesting revisions to the U.S. naringin, and levels of sinking pulp vs. 328] Standards for Grades of Grapefruit Juice. limonin using variations in extractor The petitioner requested the removal of settings. The petitioner also submitted United States Standards for Grades of the maximum limit for ‘‘free and data on a sensory evaluation performed Grapefruit Juice suspended pulp’’ (referred to in the by the University of Florida on AGENCY: Agricultural Marketing Service, industry as ‘‘sinking pulp’’) from the consumer acceptability of grapefruit USDA. U.S. grade standards for all forms of juice with two free and suspended pulp ACTION: Notice. grapefruit juice. levels. The petitioner’s research data The grade standards, effective since supports the premise that modern SUMMARY: The Agricultural Marketing September 12, 1983, provided that extraction and finishing technologies Service (AMS) of the Department of grapefruit juice from concentrate, produce a product where there is no Agriculture (USDA) has revised the grapefruit juice, and frozen concentrated correlation between grapefruit juice United States Standards for Grades of grapefruit juice establish limits for flavor components associated with bitter Grapefruit Juice. The grade standards for maximum free and suspended pulp as and off flavor i.e., naringin and limonin, grapefruit juice have been changed to follows: ‘‘Grade A’’—10 percent by and free and suspended pulp levels. remove the parameters for maximum volume, and ‘‘Grade B’’—15 percent by Prior to undertaking research and ‘‘free and suspended pulp’’ to account volume. Concentrated grapefruit juice other work associated with revising the

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grade standards, AMS sought public collection. You may submit comments respondents. The burden hours have comments on the petition (see 76 FR by any of the following methods: decreased due to lower number of 51343). Federal eRulemaking Portal: Go to responses by the current participants. Two comments were received http://www.regulations.gov. Follow the Estimate of Respondent Burden: regarding this petition. One comment online instructions for submitting Public reporting burden for this was from a trade association with comments. collection of information is estimated to international membership; and one Mail: Michael Moore, Senior Loan average 48 minutes per response. The comment was from a trade association Officer, USDA, FSA, LMD, STOP 0522, average travel time, which is included in the U.S. representing over 8,000 1400 Independence Ave. SW., in the total burden, is estimated to be 1 citrus growers. Both comments were in Washington, DC 20250–0522. hour per respondent. support of the petition to remove the Email: [email protected]. Respondents: Producers. maximum limit for ‘‘free and suspended Fax: (202) 720–6797 Estimated Number of Respondents: pulp’’ from the U.S. Standards for You may also send comments to the 181,922. Grades of Grapefruit Juice. Desk Officer for Agriculture, Office of Estimated Annual Number of Forms AMS sought public comments a Information and Regulatory Affairs, per Person: 3.6. Estimated Total Annual Responses: second time on the petition (see 77 FR Office of Management and Budget, Washington, DC 20503. Copies of the 667,543. 6773). One comment was received Estimated Total Annual Burden regarding this petition from a trade information collection may be requested by contacting Michael Moore at the Hours: 320,891. association with international We are requesting comments on all above address. membership in support of the petition aspects of this information collection to to remove the maximum limit for ‘‘free FOR FURTHER INFORMATION CONTACT: help us to: and suspended pulp’’ from the U.S. Michael Moore, Senior Loan Officer, (1) Determine whether the continued Standards for Grades of Grapefruit Juice. Farm Service Agency (202) 690–0651. collection of information is still This revision of the U.S. Standards for Persons with disabilities who require necessary for the proper performance of Grades of Grapefruit Juice better reflects alternative mean for communication the functions of the FSA, including the current industry processing (Braille, large print, audio tape, etc.) whether the information will have technology for grapefruit juice. should contact the USDA’s TARGET practical utility; Authority: 7 U.S.C. 1621–1627. Center at (202)720–2600 (Voice and (2) Assess the accuracy of the FSA’s TDD). Dated: August 21, 2012. estimate of burden including the validity of the methodology and David R. Shipman, SUPPLEMENTARY INFORMATION: Title: Farm Loan Programs Direct assumptions used; Administrator, Agricultural Marketing (3) Enhance the quality, utility and Service. Loan Making. OMB Control Number: 0560–0237. clarity of the information to be [FR Doc. 2012–21054 Filed 8–24–12; 8:45 am] Expiration Date of Approval: February collected; and BILLING CODE 3410–02–P 28, 2014. (4) Minimize the burden of the Type of Request: Revision and collection of information on those who are to respond, including through the DEPARTMENT OF AGRICULTURE extension of a currently approved information collection. use of appropriate automated, Farm Service Agency Abstract: FSA’s Farm Loan Programs electronic, mechanical, or other provide loans to family farmers to buy technological collection techniques or Information Collection Request; Farm real estate and equipment, and finance other forms of information technology. Loan Programs, Direct Loan Making agricultural production. Direct Loan All comments received in response to Making, as specified in 7 CFR part 764, this notice, including names and AGENCY: Farm Service Agency, USDA. provides the requirements associated addresses when provided, will be a ACTION: Notice; request for comments. with direct loans. FSA is required to matter of public record. Comments will actively supervise its borrowers and be summarized and included in the SUMMARY: In accordance with the provide credit counseling, management submission for the Office of Paperwork Reduction Act of 1995, the advice, and financial guidance. Management and Budget approval. Farm Service Agency (FSA) is Additionally, FSA must document that Signed on August 7, 2012. requesting comments from all interested credit is not available to the borrower Carolyn B. Cooksie, individuals and organizations on an from commercial credit sources in order Acting Administrator, Farm Service Agency. extension and a revision of a currently to maintain eligibility for assistance. approved information collection that [FR Doc. 2012–20950 Filed 8–24–12; 8:45 am] Direct loan making information BILLING CODE 3410–05–P supports Direct Loan Making programs. collection requirements include The information collection is in support financial and production records of the of 7 CFR part 764, which sets forth the operation to ensure that cash flow DEPARTMENT OF AGRICULTURE manner for a person may apply to FSA projections are based on actual for Direct Loan Assistance. A new form production history, a loan is adequately Foreign Agricultural Service is being added to this request to secured, the applicant meets established streamline the loan process. eligibility requirements, and Assessment of Fees for Dairy Import DATES: We will consider comments that assignments on income and sales can be Licenses for the 2013 Tariff-Rate we receive by October 26, 2012. obtained when appropriate. Import Quota Year ADDRESSES: We invite you to submit FSA is adding a new form to this AGENCY: Foreign Agricultural Service, comments on this notice. In your information collection request. The new USDA. comments, include the date, volume, form is the FSA–2314 Streamlined ACTION: Notice. and page number of this issue of the Request for Direct OL Assistance. The Federal Register, the OMB control new form is a streamlined version of a SUMMARY: This notice announces a fee of number and the title of the information current form that will be used by some $170 to be charged for the 2013 tariff-

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rate quota (TRQ) year for each license represents other miscellaneous costs, Rogue River-Siskiyou National Forest, issued to a person or firm by the including travel, postage, publications, (541) 618–2113, [email protected]. Department of Agriculture authorizing forms, and ADP system support. Individuals who use the importation of certain dairy articles, Accordingly, notice is hereby given telecommunication devices for the deaf which are subject to tariff-rate quotas set that the fee for each license issued to a (TDD) may call the Federal Information forth in the Harmonized Tariff Schedule person or firm for the 2013 calendar Relay Service (FIRS) at 1–800–877–8339 (HTS) of the United States. year, in accordance with 7 CFR 6.33, between 8:00 a.m. and 8:00 p.m., DATES: August 27, 2012. will be $170 per license. Eastern Standard Time, Monday through Friday. Requests for reasonable FOR FURTHER INFORMATION CONTACT: Issued at Washington, DC, the 13th day of Abdelsalam El-Farra, Dairy Import July, 2012. accomodation for access to the facility or procedings may be made by Licensing Program, Import Policies and Ronald Lord, contacting the person listed For Further Export Reporting Division, STOP 1021, Licensing Authority. Information. U.S. Department of Agriculture, 1400 [FR Doc. 2012–20941 Filed 8–24–12; 8:45 am] SUPPLEMENTARY INFORMATION: The Independence Avenue SW., BILLING CODE 3410–10–P Washington, DC 20250–1021 or following business will be conducted: telephone at (202) 720–9439 or email at Elect new Chairperson; review status of [email protected]. DEPARTMENT OF AGRICULTURE FY2009, FY2010, FY2011, and FY2012 projects selected by the Siskiyou, OR SUPPLEMENTARY INFORMATION: The Dairy Forest Service Resource Advisory Committee; review Tariff-Rate Import Quota Licensing and recommend FY2013 projects to the Regulation promulgated by the Siskiyou, or Resource Advisory Designated Federal Official. Anyone Department of Agriculture and codified Committee who would like to bring related matters at 7 CFR 6.20–6.37 provides for the AGENCY: Forest Service, USDA. to the attention of the committee may issuance of licenses to import certain file written statements with the ACTION: Notice of meeting. dairy articles that are subject to TRQs committee staff before or after the set forth in the HTS. Those dairy articles SUMMARY: meeting. The agenda will include a may only be entered into the United The Siskiyou, OR Resource Advisory Committee will meet in Kerby, public forum period providing States at the in-quota TRQ tariff-rates by individuals the opportunity to make or for the account of a person or firm to Oregon. The committee is authorized under the Secure Rural Schools and oral statements of three minutes or less. whom such licenses have been issued Community Self-Determination Act and only in accordance with the terms Dated: August 20, 2012. (Pub. L. 110–343) (the Act) and operates and conditions of the regulation. Donna M. Mickley, Licenses are issued on a calendar year in compliance with the Federal Acting Deputy Forest Supervisor. Advisory Committee Act. The purpose basis, and each license authorizes the [FR Doc. 2012–20993 Filed 8–24–12; 8:45 am] of the committee is to improve license holder to import a specified BILLING CODE 3410–11–P collaborative relationships and to quantity and type of dairy article from provide advice and recommendations to a specified country of origin. The use of the Forest Service concerning projects such licenses is monitored by the Dairy DEPARTMENT OF AGRICULTURE and funding consistent with the title II Import Licensing Program, Import of the Act. The meeting is open to the Programs and Export Reporting Forest Service public. The purpose of the meeting is to Division, Foreign Agricultural Service, review and recommend projects Medbow-Routt Resource Advisory U.S. Department of Agriculture, and the submitted for funding under Title II of Committee U.S. Customs and Border Protection, The Secure Rural Schools and U.S. Department of Homeland Security. AGENCY: Forest Service, USDA. Community Self Determination Act of The regulation at 7 CFR 6.33(a) 2000, review existing projects, and elect ACTION: Notice of meeting. provides that a fee will be charged for a chairperson. each license issued to a person or firm SUMMARY: The MedBow-Routt Resource by the Licensing Authority in order to DATES: The meeting will be held Advisory Committee will meet in defray the Department of Agriculture’s September 21, 2012, 8:30 a.m.. Walden, Colorado. The committee is costs of administering the licensing ADDRESSES: The meeting will be held at meeting as authorized under the Secure system under this regulation. Rogue Community College, Illinois Rural Schools and Community Self- The regulation at 7 CFR 6.33(a) also Valley Learning Center, Kerby Belt Determination Act (Pub. L. 112–141) provides that the Licensing Authority Building, 24353 Redwood Highway, (the Act) and operates in compliance will announce the annual fee for each Kerby, Oregon 97531. Written with the Federal Advisory Committee license and that such fee will be set out comments may be submitted as Act. The purpose of the committee is to in a notice to be published in the described under Supplementary improve collaborative relationships and Federal Register. Accordingly, this Information. to provide advice and recommendations notice sets out the fee for the licenses to All comments, including names and to the Forest Service concerning projects be issued for the 2013 calendar year. addresses when provided, are placed in and funding consistent with title II of Notice: The total cost to the the record and are available for public the Act. The meeting is open to the Department of Agriculture of inspection and copying. The public may public. The purpose of the meeting is to administering the licensing system for inspect comments received at the review and recommend projects 2013 has been estimated to be Medford Interagency Office, 3040 authorized under title II of the Act, as $440,280.00 and the estimated number Biddle Road, Medford, OR 97504. Please well as to update RAC members on the of licenses expected to be issued is call ahead to (541) 618–2113 to facilitate progress of previously approved 2,594. Of the total cost, $ 315,000.00 entry into the building to view projects. represents staff and supervisory costs comments. DATES: The meeting will be held directly related to administering the FOR FURTHER INFORMATION CONTACT: September 13, 2012 at 10 a.m., licensing system, and $125,280.00 Virginia Gibbons, Public Affairs Officer, Mountain Standard Time.

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ADDRESSES: The meeting will be held at DEPARTMENT OF AGRICULTURE would like to bring related matters to the Parks Ranger District Office, P.O. the attention of the committee may file Box 158, 100 Main St., Walden, Forest Service written statements with the committee Colorado 80480. Written comments may staff before the meeting. The meeting is be submitted as described under Daniel Boone National Forest open to the public. The agenda will Supplementary Information. All Resource Advisory Committee include time for people to make oral comments, including names and AGENCY: Forest Service, USDA. statements of three minutes or less. addresses when provided, are placed in Individuals wishing to make an oral ACTION: Notice of meeting. the record and are available for public statement should request in writing by inspection and copying. The public may SUMMARY: The Daniel Boone National September 14, 2012 to be scheduled on inspect comments received at the Forest Forest Resource Advisory Committee the agenda. Written comments and Supervisor’s Office, 2468 Jackson Street, (RAC) will meet in London, Kentucky. requests for time for oral comments Laramie, Wyoming. Please call ahead to The committee is authorized under the must be sent to 1700 Bypass Road, 307–745–2300 to facilitate entry into the Secure Rural Schools and Community Winchester, Kentucky 40391 or by email building to view comments. Self-Determination Act (Pub. L. 112– to [email protected] or via facsimile to FOR FURTHER INFORMATION CONTACT: 141) (the Act) and operates in 859–744–1568. A summary of the Aaron Voos, RAC Coordinator, 2468 compliance with the Federal Advisory meeting will be posted at the above Web Jackson Street, Laramie, Wyoming Committee Act. The purpose of the site within 21 days of the meeting. 82070, 307–745–2323 or committee is to improve collaborative Meeting Accommodations: If you [email protected]. Individuals who use relationships and to provide advice and require sign language interpreting, telecommunication devices for the deaf recommendations to the Forest Service assistive listening devices or other (TDD) may call the Federal Information concerning projects and funding reasonable accommodations please Relay Service (FIRS) at 1–800–877–8339 consistent with title II of the Act. The request this in advance of the meeting between 8:00 a.m. and 8:00 p.m., meeting is open to the public. The by contacting the person listed in the Eastern Standard Time, Monday purpose of the meeting is to review and section titled For Further Information through Friday. recommend projects authorized under Contact. All reasonable accommodation SUPPLEMENTARY INFORMATION: The title II of the Act. requests are managed on a case by case meeting is open to the public. The DATES: The meeting will be held on basis. following business will be conducted: September 18, 2012 beginning at 6 p.m. Dated: August 20, 2012. Review of the status of approved Marie T. Walker, projects; discussion of travel ADDRESSES: The meeting will be held at reimbursement, review and discussion the Cumberland Valley Area Acting Forest Supervisor, Daniel Boone National Forest. of new project proposal and public Development District, 342 Old Whitley forum discussion. Anyone who would Road, London, Kentucky 40744 in a [FR Doc. 2012–21012 Filed 8–24–12; 8:45 am] like to bring related matters to the meeting room on the basement floor. BILLING CODE 3410–11–P attention of the committee may file Written comments may be submitted written statements with the committee as described under Supplementary staff before or after the meeting. A Information. All comments, including DEPARTMENT OF COMMERCE public input session during the meeting names and addresses when provided, will be provided and individuals who are placed in the record and are Submission for OMB Review; made written requests by Sept. 7, 2012 available for public inspection and Comment Request copying. The public may inspect will have the opportunity to address the The Department of Commerce will Committee at that session. Written comments received at Daniel Boone National Forest, 1700 Bypass Road, submit to the Office of Management and comments should be sent to Phil Cruz, Budget (OMB) for clearance the RAC DFO, 2468 Jackson Street, Laramie, Winchester, Kentucky 40391. Please call ahead to 859–745–3100 to facilitate following proposal for collection of Wyoming 82070. Comments may also be information under the provisions of the sent via email to [email protected], or via entry into the building to view comments. Paperwork Reduction Act (44 U.S.C. facsimile to 307–745–2467. For more Chapter 35). information about the MedBow-Routt FOR FURTHER INFORMATION CONTACT: Agency: National Oceanic and RAC, visit http://www.fs.usda.gov/goto/ Kimberly Morgan, RAC Coordinator, Atmospheric Administration (NOAA). mbr/advisorycommittee. A summary of Daniel Boone National Forest, 1700 Title: Implementation of Vessel Speed the meeting will be posted at the above Bypass Road, Winchester, Kentucky Restrictions to Reduce the Threat of Web site within 21 days of the meeting. 40391; 859–745–3100; email Ship Collisions with North Atlantic Meeting Accommodations: If you [email protected]. Individuals who use Right Whales. require sign language interpreting, telecommunication devices for the deaf assistive listening devices or other OMB Control Number: 0648–0580. (TDD) may call the Federal Information Form Number(s): NA. reasonable accommodation for access to Relay Service (FIRS) at 1–800–877–8339 the meeting please request this in Type of Request: Regular submission between 8 a.m. and 8 p.m., Eastern (extension of a current information advance by contacting the person listed Standard Time, Monday through Friday. in the section titled For Further collection). Information Contact. All reasonable SUPPLEMENTARY INFORMATION: The Number of Respondents: 3,047. accommodation requests are managed following business will be conducted: Average Hours per Response: 5 on a case by case basis. Committee updates, status of 2011 minutes. approved projects, submitted projects, Burden Hours: 254 Dated: August 20, 2012. discussion of projects, and approval Needs and Uses: This request is for an Phil Cruz, recommendations. The full agenda may extension of a currently approved Forest Supervisor. be previewed at https:// information collection. [FR Doc. 2012–20979 Filed 8–24–12; 8:45 am] fsplaces.fs.fed.us/fsfiles/unit/wo/ On October 10, 2008, NMFS BILLING CODE 3410–11–P secure_rural_schools.nsf. Anyone who published a final rule implementing

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speed restrictions to reduce the through December 31, 2010.1 We gave Department rejected the separate rate incidence and severity of ship collisions interested parties an opportunity to certification as untimely.6 with North Atlantic right whales (73 FR comment on the Preliminary Results. Analysis of Comments Received 60173). That final rule contained a Based on the analysis of the record and collection-of-information requirement the comments received, the Department All issues raised in the case and subject to the Paperwork Reduction act is rescinding the review with respect to rebuttal briefs by parties in this review (PRA). Specifically, 50 CFR 224.105(c) Tube-Smith Enterprises (ZhangZhou) are addressed in the Memorandum from requires a logbook entry to document Co., Ltd., Tube-Smith Enterprise Christian Marsh, Deputy Assistant that a deviation from the 10-knot speed (Haimen) Co., Ltd., and Billionworth Secretary for Antidumping and limit was necessary for safe Enterprise, Ltd. (collectively, Tube- Countervailing Duty Operations, to Paul maneuverability under certain Smith). Piquado, Assistant Secretary for Import Administration, ‘‘Issues and Decision conditions: because the vessel is in an DATES: Effective Date: August 27, 2012. area where oceanographic, hydrographic Memorandum for the Final Results of FOR FURTHER INFORMATION CONTACT: the 2010 Administrative Review of the and/or meteorological conditions Rebecca Pandolph, AD/CVD Operations, severely restrict the maneuverability of Antidumping Duty Order on Wooden Office 4, Import Administration, Bedroom Furniture from the People’s the vessel and the need to operate at International Trade Administration, such speed is confirmed by the pilot on Republic of China,’’ dated August 20, U.S. Department of Commerce, 14th 2012, which is hereby adopted by this board or, when a vessel is not carrying Street and Constitution Avenue NW., a pilot, the master of the vessel. notice (Issues and Decision Washington, DC 20230; telephone: (202) Memorandum). A list of the issues Affected Public: Business or other for- 482–3627. profit organizations. which parties raised and to which we Frequency: On occasion. Background responded in the Issues and Decision Memorandum is attached to this notice Respondent’s Obligation: Mandatory. On November 23, 2011, Petitioners 2 OMB Desk Officer: as an Appendix. The Issues and _ and Amini Innovation Corp. (Amini) Decision Memorandum is a public OIRA [email protected]. submitted case briefs to the Department. Copies of the above information document and is on file in the Central On November 28, 2011, Tube-Smith Records Unit, Main Commerce Building, collection proposal can be obtained by filed a letter in lieu of a rebuttal brief calling or writing Jennifer Jessup, Room 7046, and is accessible on the with the Department. Web at . The Departmental Paperwork Clearance On November 23, 2011, Amini Officer, (202) 482–0336, Department of paper copy and electronic version of the requested that the Department conduct memorandum are identical in content. Commerce, Room 6616, 14th and a hearing in the above-referenced Constitution Avenue NW., Washington, review.3 On December 8, 2011, Amini Period of Review DC 20230 (or via the Internet at informed the Department that it no The period of review (POR) is January [email protected]). longer requested a hearing and counsel 1, 2010, through December 31, 2010. Written comments and for Amini requested a meeting with Scope of the Order recommendations for the proposed Christian Marsh, Deputy Assistant information collection should be sent Secretary for Antidumping and The product covered by the order is within 30 days of publication of this Countervailing Duty Operations.4 On wooden bedroom furniture. Wooden notice to bedroom furniture is generally, but not _ December 14, 2011, counsel for Amini OIRA [email protected]. met with the Department.5 exclusively, designed, manufactured, Dated: August 22, 2012. On December 20, 2011, the and offered for sale in coordinated Gwellnar Banks, Department received a separate rate groups, or bedrooms, in which all of the Management Analyst, Office of the Chief certification from Baigou Crafts Factory individual pieces are of approximately Information Officer. of Fengkai. On December 29, 2011, the the same style and approximately the [FR Doc. 2012–20975 Filed 8–24–12; 8:45 am] same material and/or finish. The subject 1 merchandise is made substantially of BILLING CODE 3510–22–P See Wooden Bedroom Furniture From the People’s Republic of China: Preliminary Results of wood products, including both solid Antidumping Duty Administrative Review and wood and also engineered wood Intent to Rescind Review in Part, 76 FR 65684 DEPARTMENT OF COMMERCE (October 24, 2011) (Preliminary Results). products made from wood particles, 2 Petitioners are the American Furniture fibers, or other wooden materials such International Trade Administration Manufactures Committee for Legal Trade and as plywood, strand board, particle Vaughan-Bassett Furniture Company, Inc. board, and fiberboard, with or without [A–570–890] (Petitioners). wood veneers, wood overlays, or 3 See letter from Amini to the Honorable John laminates, with or without non-wood Wooden Bedroom Furniture From the Bryson, Acting Secretary of Commerce regarding, People’s Republic of China: Final ‘‘Wooden Bedroom Furniture from the People’s components or trim such as metal, Results and Final Rescission in Part Republic of China; Administrative Review for the marble, leather, glass, plastic, or other Period January 1, 2010 to December 31, 2010,’’ resins, and whether or not assembled, AGENCY: Import Administration, dated November 23, 2011. completed, or finished. 4 See Memorandum to the File from Rebecca The subject merchandise includes the International Trade Administration, Pandolph, International Trade Compliance Analyst, Department of Commerce. Office 4, AD/CVD Operations, regarding, following items: (1) Wooden beds such SUMMARY: On October 24, 2011, the ‘‘Antidumping Duty Administrative Review of as loft beds, bunk beds, and other beds; Wooden Bedroom Furniture from the People’s Department of Commerce (Department) (2) wooden headboards for beds Republic of China for the January 1, 2010 to (whether stand-alone or attached to side published in the Federal Register its December 31, 2010 period,’’ dated December 9, preliminary results of the administrative 2011. rails), wooden footboards for beds, review of the antidumping duty order 5 See Memorandum to the File regarding 2010 Antidumping Duty Administrative Review of 6 See letter from Abdelali Elouaradia, Director, on wooden bedroom furniture from the Wooden Bedroom Furniture from the People’s Office 4, AD/CVD Operations to Baigou Crafts People’s Republic of China (PRC), Republic of China: Ex Parte Meeting,’’ dated Factory of Fengkai regarding, dated December 29, covering the period January 1, 2010 December 14, 2011. 2011.

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wooden side rails for beds, and wooden furniture made primarily of wicker, (13) upholstered beds 20 and (14) toy canopies for beds; (3) night tables, night cane, osier, bamboo or rattan; (7) side boxes.21 stands, dressers, commodes, bureaus, rails for beds made of metal if sold Imports of subject merchandise are mule chests, gentlemen’s chests, separately from the headboard and classified under subheadings bachelor’s chests, lingerie chests, footboard; (8) bedroom furniture in 9403.50.9042 and 9403.50.9045 of the wardrobes, vanities, chessers, which bentwood parts predominate; 16 U.S. Harmonized Tariff Schedule chifforobes, and wardrobe-type cabinets; (9) jewelry armories; 17 (10) cheval (HTSUS) as ‘‘wooden * * * beds’’ and (4) dressers with framed glass mirrors mirrors; 18 (11) certain metal parts; 19 under subheading 9403.50.9080 of the that are attached to, incorporated in, sit (12) mirrors that do not attach to, HTSUS as ‘‘other * * * wooden on, or hang over the dresser; (5) chests- incorporate in, sit on, or hang over a furniture of a kind used in the on-chests,7 highboys,8 lowboys,9 chests dresser if they are not designed and bedroom.’’ In addition, wooden of drawers,10 chests,11 door chests,12 marketed to be sold in conjunction with headboards for beds, wooden footboards chiffoniers,13 hutches,14 and armoires;15 for beds, wooden side rails for beds, and a dresser as part of a dresser-mirror set; (6) desks, computer stands, filing wooden canopies for beds may also be cabinets, book cases, or writing tables entered under subheading 9403.50.9042 that are attached to or incorporated in or 9403.50.9045 of the HTSUS as ‘‘parts the subject merchandise; and (7) other of wood.’’ Subject merchandise may bedroom furniture consistent with the also be entered under subheadings above list. 9403.50.9041, 9403.60.8081, The scope of the order excludes the 16 As used herein, bentwood means solid wood made pliable. Bentwood is wood that is brought to 9403.20.0018, or 9403.90.8041. Further, following items: (1) Seats, chairs, framed glass mirrors may be entered benches, couches, sofas, sofa beds, a curved shape by bending it while made pliable with moist heat or other agency and then set by under subheading 7009.92.1000 or stools, and other seating furniture; (2) cooling or drying. See CBP’s Headquarters Ruling 7009.92.5000 of the HTSUS as ‘‘glass mattresses, mattress supports (including Letter 043859, dated May 17, 1976. mirrors * * * framed.’’ The order box springs), infant cribs, water beds, 17 Any armoire, cabinet or other accent item for covers all wooden bedroom furniture and futon frames; (3) office furniture, the purpose of storing jewelry, not to exceed 24 meeting the above description, such as desks, stand-up desks, computer inches in width, 18 inches in depth, and 49 inches regardless of tariff classification. cabinets, filing cabinets, credenzas, and in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side Although the HTSUS subheadings are bookcases; (4) dining room or kitchen provided for convenience and customs furniture such as dining tables, chairs, door (whether or not the door is lined with felt or felt-like material), with necklace hangers, and a flip- purposes, our written description of the servers, sideboards, buffets, corner top lid with inset mirror. See Issues and Decision scope of this proceeding is dispositive. cabinets, china cabinets, and china Memorandum from Laurel LaCivita to Laurie hutches; (5) other non-bedroom Parkhill, Office Director, concerning ‘‘Jewelry Separate Rates furniture, such as television cabinets, Armoires and Cheval Mirrors in the Antidumping Companies Not Providing Separate Rate cocktail tables, end tables, occasional Duty Investigation of Wooden Bedroom Furniture Certifications or Applications tables, wall systems, book cases, and from the People’s Republic of China,’’ dated August entertainment systems; (6) bedroom 31, 2004. See also Wooden Bedroom Furniture From In the Preliminary Results, we stated the People’s Republic of China: Final Changed that the following 14 companies or Circumstances Review, and Determination To 7 A chest-on-chest is typically a tall chest-of- Revoke Order in Part, 71 FR 38621 (July 7, 2006). drawers in two or more sections (or appearing to be 20 Upholstered beds that are completely 18 in two or more sections), with one or two sections Cheval mirrors are any framed, tiltable mirror upholstered, i.e., containing filling material and mounted (or appearing to be mounted) on a slightly with a height in excess of 50 inches that is mounted completely covered in sewn genuine leather, larger chest; also known as a tallboy. on a floor-standing, hinged base. Additionally, the synthetic leather, or natural or synthetic decorative 8 A highboy is typically a tall chest of drawers scope of the order excludes combination cheval fabric. To be excluded, the entire bed (headboards, usually composed of a base and a top section with mirror/jewelry cabinets. The excluded merchandise footboards, and side rails) must be upholstered drawers, and supported on four legs or a small chest is an integrated piece consisting of a cheval mirror, except for bed feet, which may be of wood, metal, (often 15 inches or more in height). i.e., a framed tiltable mirror with a height in excess or any other material and which are no more than nine inches in height from the floor. See Wooden 9 A lowboy is typically a short chest of drawers, of 50 inches, mounted on a floor-standing, hinged Bedroom Furniture from the People’s Republic of not more than four feet high, normally set on short base, the cheval mirror serving as a door to a legs. China: Final Results of Changed Circumstances cabinet back that is integral to the structure of the Review and Determination to Revoke Order in Part, 10 A chest of drawers is typically a case mirror and which constitutes a jewelry cabinet line 72 FR 7013 (February 14, 2007). containing drawers for storing clothing. with fabric, having necklace and bracelet hooks, 21 To be excluded the toy box must: (1) Be wider 11 A chest is typically a case piece taller than it mountings for rings and shelves, with or without a than it is tall; (2) have dimensions within 16 inches is wide featuring a series of drawers and with or working lock and key to secure the contents of the to 27 inches in height, 15 inches to 18 inches in without one or more doors for storing clothing. The depth, and 21 inches to 30 inches in width; (3) have piece can either include drawers or be designed as jewelry cabinet back to the cheval mirror, and no a hinged lid that encompasses the entire top of the a large box incorporating a lid. drawers anywhere on the integrated piece. The fully box; (4) not incorporate any doors or drawers; (5) 12 A door chest is typically a chest with hinged assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. have slow-closing safety hinges; (6) have air vents; doors to store clothing, whether or not containing (7) have no locking mechanism; and (8) comply See Wooden Bedroom Furniture From the People’s drawers. The piece may also include shelves for with American Society for Testing and Materials televisions and other entertainment electronics. Republic of China: Final Changed Circumstances (ASTM) standard F963–03. Toy boxes are boxes 13 A chiffonier is typically a tall and narrow chest Review and Determination To Revoke Order in Part, generally designed for the purpose of storing of drawers normally used for storing undergarments 72 FR 948 (January 9, 2007). children’s items such as toys, books, and and lingerie, often with mirror(s) attached. 19 Metal furniture parts and unfinished furniture playthings. See Wooden Bedroom Furniture from 14 A hutch is typically an open case of furniture parts made of wood products (as defined above) the People’s Republic of China: Final Results of with shelves that typically sits on another piece of that are not otherwise specifically named in this Changed Circumstances Review and Determination furniture and provides storage for clothes. scope (i.e., wooden headboards for beds, wooden to Revoke Order in Part, 74 FR 8506 (February 25, 15 An armoire is typically a tall cabinet or footboards for beds, wooden side rails for beds, and 2009). Further, as determined in the scope ruling wardrobe (typically 50 inches or taller), with doors, memorandum ‘‘Wooden Bedroom Furniture from wooden canopies for beds) and that do not possess and with one or more drawers (either exterior below the People’s Republic of China: Scope Ruling on a or above the doors or interior behind the doors), the essential character of wooden bedroom White Toy Box,’’ dated July 6, 2009, the shelves, and/or garment rods or other apparatus for furniture in an unassembled, incomplete, or dimensional ranges used to identify the toy boxes storing clothes. Bedroom armoires may also be used unfinished form. Such parts are usually classified that are excluded from the wooden bedroom to hold television receivers and/or other audio- under HTSUS subheadings 9403.90.7005, furniture order apply to the box itself rather than visual entertainment systems. 9403.90.7010, or 9403.90.7080. the lid.

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company groupings for which the for the reasons stated in the Issues and • Dongguan Hua Ban Furniture Co., Department initiated the instant review Decision Memorandum, the Department Ltd.26 did not provide a separate rate is rescinding the administrative review • DongGuan Sundart Timber Products certification or application and therefore with respect to Tube-Smith.22 Co., Ltd have not demonstrated their eligibility In the Preliminary Results, the • Ever Spring Furniture Company for separate rate status in this Department stated its intent to rescind Ltd.27 • Evershine Enterprise Co. administrative review: the administrative review with respect • • to the following companies because they Fleetwood Fine Furniture LP Dongguan Bon Ten Furniture Co., Ltd. • Fujian Putian Jinggong Furniture Co., • Dongguan Grand Style Furniture Co. all reported that they made no shipments during the POR. Ltd. Ltd.; Hong Kong Da Zhi Furniture Co., • Gainwell Industries Limited • Ltd. Hangzhou Cadman Trading Co., Ltd. • Green River Wood (Dongguan) Ltd.28 • Dongguan Hero Way Woodwork Co., • Dongguan Huangsheng Furniture Co., • Guangdong Gainwell Industrial Ltd.; Dongguan Da Zhong Woodwork Ltd. Furniture Co., Ltd. Co., Ltd.; Hero Way Enterprises Ltd.; • Golden Well International (HK) Ltd. • Hong Kong Jingbi Group Well Earth International Ltd. • Zhejiang Tianyi Scientific and • Huasen Furniture Co., Ltd. • Dongguan Mu Si Furniture Co., Ltd. Educational Equipment Co., Ltd. • Jiant Furniture Co., Ltd. • Hainan Jong Bao Lumber Co., Ltd.; • King Kei Trading Company Limited 29 No parties commented on our intent • Jibbon Enterprise Co., Ltd. to rescind. Because there is no King’s Way Furniture Industries Co., 30 • Kuan Lin Furniture (Dong Guan) Co., information or argument on the record Ltd. • Kingsyear Ltd.31 Ltd.; Kuan Lin Furniture Factory; of the current review that warrants • Longkou Huangshan Furniture Kuan Lin Furniture Co., Ltd. reconsidering our intent to rescind, we • Factory Kunshan Lee Wood Product Co., Ltd. are rescinding this administrative • • Leefu Wood (Dongguan) Co., Ltd.; MoonArt Furniture Group review with respect to the above-listed • MoonArt International Inc. King Rich International, Ltd. companies. • • Nanjing Jardine Enterprise, Ltd. Meikangchi (Nantong) Furniture In the Preliminary Results, the • Nanjing Nanmu Furniture Co., Ltd.32 Company Ltd. Department also stated its intent to • • Nantong Wangzhuang Furniture Co., Nantong Dongfang Orient Furniture rescind the administrative review with Ltd. Co., Ltd. respect to the following companies, • Shanghai Fangjia Industry Co. Ltd. which were part of the PRC-wide entity 26 Because Dongguan Hua Ban Furniture Co., Ltd. • Winny Overseas, Ltd.; Zhongshan during the POR, because all requesting lost its separate rate on August 18, 2010 (see 4th Winny Furniture Ltd.; Winny Review Final Results), and has not filed a separate parties withdrew their respective rate application to establish its eligibility for a Universal Ltd. requests for an administrative review • separate rate in this review, the Department is Zhong Shan Fullwin Furniture Co., within 90 days of the date of publication treating this company as part of the PRC-wide Ltd. of the notice of initiation: entity. • Zhongshan Gainwell Furniture Co. 27 Because Ever Spring Furniture Company Ltd.; • Brother Furniture Manufacture Co., Ltd. S.Y.C. Family Enterprise Co., Ltd. lost its separate Ltd.23 rate on August 18, 2010 (see 4th Review Final In the Preliminary Results, we also • C.F. Kent Co., Inc. Results), and has not filed a separate rate found that (1) Baigou Crafts Factory of • C.F. Kent Hospitality, Inc. application to establish its eligibility for a separate • rate in this review, the Department is treating this Fengkai, (2) Locke Furniture Factory; Champion Sun Industries Limited company as part of the PRC-wide entity. Kai Chan Furniture Co., Ltd.; Kai Chan • Contact Co., Ltd. 28 Because Green River Wood (Dongguan) Ltd. (Hong Kong) Enterprise Ltd.; Taiwan • Denny’s Furniture Associates Corp. lost its separate rate on August 18, 2010 (see 4th Kai Chan Co., Ltd, (collectively, Locke • Denny’s International Co., Ltd. Review Final Results), and has not filed a separate • rate application to establish its eligibility for a Furniture Factory) and (3) Zhangjiang Der Cheng Furniture Co., Ltd. separate rate in this review, the Department is Sunwin Arts & Crafts Co., Ltd. (Sunwin) • Der Cheng Wooden Works treating this company as part of the PRC-wide had shipped subject merchandise • Dong Guan Golden Fortune entity. during the POR despite reporting that Houseware Co., Ltd.24 29 Because King Kei Trading Company Limited they made no shipments of subject • Dongguan Chunsan Wood Products lost its separate rate on August 18, 2010 (see 4th merchandise to the United States during 25 Review Final Results), and has not filed a separate Co., Ltd. rate application to establish its eligibility for a the POR. Because these companies had separate rate in this review, the Department is not timely filed separate rate 22 See Issues and Decision Memorandum at Issue treating this company as part of the PRC-wide certifications or applications, thereby 1. entity. failing to provide separate rate 23 Because Brother Furniture Manufacture Co., 30 Because King’s Way Furniture Industries Co., Ltd. lost its separate rate on August 18, 2010 (see Ltd.; Kingsyear Ltd. lost its separate rate on August information and demonstrate their 4th Review Final Results), and has not filed a 18, 2010 (see 4th Review Final Results), and has not eligibility for a separate rate, we treated separate rate application to establish its eligibility filed a separate rate application to establish its these companies as part of the PRC-wide for a separate rate in this review, the Department eligibility or a separate rate in this review, the entity. Since the Preliminary Results, no is treating this company as part of the PRC-wide Department is treating this company as part of the entity. PRC-wide entity. interested parties submitted comments 24 Because Dong Guan Golden Fortune 31 Because King’s Way Furniture Industries Co., regarding the companies listed above. Houseware Co., Ltd. lost its separate rate on August Ltd.; Kingsyear Ltd. lost its separate rate on August Therefore, for the final results, we 18, 2010 (see 4th Review Final Results), and has not 18, 2010 (see 4th Review Final Results), and has not continue to treat these entities as part of filed a separate rate application to establish its filed a separate rate application to establish its eligibility for a separate rate in this review, the eligibility or a separate rate in this review, the the PRC-Wide entity. Department is treating this company as part of the Department is treating this company as part of the Final Partial Rescission of PRC-wide entity. PRC-wide entity. 25 Because Dongguan Chunsan Wood Products 32 Because Nanjing Nanmu Furniture Co., Ltd. Administrative Review Co., Ltd. lost its separate rate on August 18, 2010 lost its separate rate on August 18, 2010 (see 4th The Department has reconsidered the (see 4th Review Final Results), and has not filed a Review Final Results), and has not filed a separate separate rate application to establish its eligibility rate application to establish its eligibility for a facts of this case and the arguments for a separate rate in this review, the Department separate rate in this review, the Department is made by interested parties. Based on the is treating this company as part of the PRC-wide treating this company as part of the PRC-wide particular fact pattern present here, and entity. entity.

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• Ningbo Fubang Furniture Industries • Zhong Shan Heng Fu Furniture Co. Antidumping Limited • Zhongshan Fengheng Furniture Co., Exporter duty percent • margin Ningbo Furniture Industries Company Ltd. Ltd. • • Ningbo Techniwood Furniture Zhongshan Yiming Furniture Co., Ltd. PRC-Wide Entity ...... 216.01 Industries Limited No parties commented on our intent • Northeast Lumber Co., Ltd. to rescind with respect to these Assessment Rates • Passwell Wood Corporation companies. However, because as noted Pursuant to section 751(a)(2)(A) of the • S.Y.C. Family Enterprise Co., Ltd.33 above, these companies were part of the Act and 19 CFR 351.212(b), the • Senyuan Furniture Group PRC-wide entity during the POR, they Department will determine, and U.S. • 34 Shanghai Aosen Furniture Co., Ltd. have remained under review as part of Customs and Border Protection (CBP) • Shanghai Hospitality Product Mfg., the PRC-wide entity. Our determination shall assess, antidumping duties on all Co., Ltd. with respect to the PRC-wide entity is • appropriate entries of subject Shanghai Industries Group explained below in the section entitled • merchandise in accordance with the Shanghai Kent Furniture Co., Ltd. ‘‘Adverse Facts Available (AFA).’’ final results of this review. The • Shanghai Season Industry & Adverse Facts Available (AFA) Department intends to issue assessment Commerce Co., Ltd. instructions to CBP 15 days after the • Shanghai Zhiyi (Jiashun) Furniture In the Preliminary Results, pursuant publication date of the final results of Co., Ltd. this review. • Shanghai Zhiyi Furniture and to sections 776(a)(2)(A) and (C) of the Tariff Act of 1930, as amended (the Act), For Tube-Smith and the other entities Decoration Co., Ltd. for which the Department has rescinded • Shaoxing Mengxing Furniture Co., the Department based the dumping margin of the PRC-wide entity on the this review which are not part of the Ltd. PRC-wide entity, antidumping duties • Starwood Furniture Manufacturing facts otherwise available on the record. shall be assessed on period of review Co., Ltd.35 Additionally, the Department entries at rates equal to the cash deposit • Sundart International, Ltd. determined, pursuant to section 776(b) • Techniwood (Macao Commercial of the Act, that with respect to the PRC- of estimated antidumping duties required at the time of entry, or Offshore) Limited wide entity the use of an adverse • Tradewinds International Enterprise inference is warranted in selecting from withdrawal from warehouse, for Ltd. the facts otherwise available. Consistent consumption, in accordance with 19 • Trendex Industries Ltd. with its practice, the Department CFR 351.212(c)(1)(i). Antidumping • Wan Bao Chen Group Hong Kong Co., assigned a rate of 216.01 percent, the duties shall be assessed on period of Ltd.36 highest margin from any prior segment review entries from the PRC-wide entity • World Design International Co., Ltd. of the proceeding, to the PRC-wide at 216.01 percent. • Xilinmen Furniture Co., Ltd. entity as AFA.38 No interested party In addition, pursuant to an injunction • Xingli Arts & Crafts Factory of commented on the rate assigned to the issued in Legacy Classic Furniture, Inc. Yangchun 37 PRC-wide entity and we have made no v. United States, CIT No. 10–00352 on • Yuexing Group Co., Ltd. changes from our Preliminary Results December 28, 2010, the Department • Zhejiang Shaoxing Huaweimei with respect to this issue. must continue to suspend liquidations Furniture Co., Ltd. of entries of the heritage court bench As explained in the Preliminary (model 800–4800) which were imported Results, the Department corroborated 33 Because Ever Spring Furniture Company Ltd.; by Legacy Classic Furniture, Inc. S.Y.C. Family Enterprise Co., Ltd. lost its separate the 216.01 percent rate pursuant to pending a conclusive court decision. rate on August 18, 2010 (see 4th Review Final section 776(c) and considers the rate to Results), and has not filed a separate rate be reliable and relevant with respect to Cash Deposit Requirements application to establish its eligibility for a separate the PRC-wide entity. Specifically, the The following cash deposit rate in this review, the Department is treating this company as part of the PRC-wide entity. Department found the rate to be reliable requirements will be effective upon 34 Because Shanghai Aosen Furniture Co., Ltd. because it is a company-specific margin publication of the final results of this lost its separate rate on August 18, 2010 (see 4th calculated in the 2004–2005 new administrative review for all shipments Review Final Results), and has not filed a separate shipper review of the wooden bedroom of the subject merchandise entered, or rate application to establish its eligibility for a furniture order and no additional separate rate in this review, the Department is withdrawn from warehouse, for treating this company as part of the PRC-wide information was presented in the consumption on or after the publication entity. current review to call into question the date, as provided for by section 35 Because Starwood Furniture Manufacturing reliability of the rate. We also found the 751(a)(2)(C) of the Act: (1) For Co., Ltd. lost its separate rate on August 18, 2010 rate to be relevant with respect to the previously investigated or reviewed PRC (see 4th Review Final Results), and has not filed a separate rate application to establish its eligibility PRC-wide entity because it is within the and non-PRC exporters not listed above for a separate rate in this review, the Department range of transaction-specific margins on that have separate rates, the cash is treating this company as part of the PRC-wide the record of the two prior deposit rate will continue to be the entity. administrative reviews.39 No party has exporter-specific rate published for the 36 Because Wan Bao Chen Group Hong Kong Co., commented on the Department’s Ltd. lost its separate rate on August 18, 2010 (see most recent period; (2) for all PRC 4th Review Final Results), and has not filed a corroboration of the selected total AFA exporters of subject merchandise that separate rate application to establish its eligibility rate for the PRC-wide entity. have not been found to be entitled to a for a separate rate in this review, the Department separate rate, the cash deposit rate will is treating this company as part of the PRC-wide Final Results of the Review entity. be the PRC-wide rate of 216.01 percent; 37 Because Xingli Arts & Crafts Factory of We determine that the following and (3) for all non-PRC exporters of Yangchun lost its separate rate on August 18, 2010 weighted-average percentage margin subject merchandise which have not (see 4th Review Final Results), and has not filed a exists for the POR: received their own rate, the cash deposit separate rate application to establish its eligibility rate will be the rate applicable to the for a separate rate in this review, the Department is treating this company as part of the PRC-wide 38 See Preliminary Results, 76 FR 65684, 65691. PRC exporter(s) that supplied that non- entity. 39 See Preliminary Results, 76 FR 65684, 65692. PRC exporter. These deposit

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requirements, when imposed, shall Issue 2: The Appropriate Rate To Assign to Department’s quarterly update of remain in effect until further notice. Tube-Smith subsidies on articles of cheese that were Issue 3: Whether the Department Misspelled imported during the period April 1, Notification of Interested Parties Tube-Smith’s Name in the Cash Deposit 2012, through June 30, 2012. This notice also serves as a final Instruction Issue 4: Whether the Department Should reminder to importers of their The Department has developed, in Make Corrections to the PRC-Wide consultation with the Secretary of responsibility under 19 CFR Liquidation Instructions. 351.402(f)(2) to file a certificate Agriculture, information on subsidies regarding the reimbursement of [FR Doc. 2012–21043 Filed 8–24–12; 8:45 am] (as defined in section 702(h) of the Act) antidumping duties prior to liquidation BILLING CODE P being provided either directly or of the relevant entries during this indirectly by foreign governments on review period. Failure to comply with DEPARTMENT OF COMMERCE articles of cheese subject to an in-quota this requirement could result in the rate of duty. Secretary’s presumption that International Trade Administration The appendix to this notice lists the reimbursement of the antidumping country, the subsidy program or duties occurred and the subsequent Quarterly Update to Annual Listing of programs, and the gross and net assessment of double antidumping Foreign Government Subsidies on amounts of each subsidy for which duties. Articles of Cheese Subject to an In- This notice also serves as a reminder Quota Rate of Duty information is currently available. The to parties subject to administrative Department will incorporate additional protective order (APO) of their AGENCY: Import Administration, programs which are found to constitute responsibility concerning the return or International Trade Administration, subsidies, and additional information destruction of proprietary information Department of Commerce. on the subsidy programs listed, as the disclosed under the APO in accordance DATES: Effective Date: August 27, 2012. information is developed. with 19 CFR 351.305(a)(3), which FOR FURTHER INFORMATION CONTACT: The Department encourages any continues to govern business Gayle Longest, AD/CVD Operations, person having information on foreign proprietary information in this segment Office 3, Import Administration, government subsidy programs which of the proceeding. Timely written International Trade Administration, benefit articles of cheese subject to an U.S. Department of Commerce, 14th notification of the return/destruction of in-quota rate of duty to submit such Street and Constitution Ave. NW., APO materials or conversion to judicial information in writing to the Assistant protective order is hereby requested. Washington, DC 20230, telephone: (202) Secretary for Import Administration, Failure to comply with the regulations 482–3338. U.S. Department of Commerce, 14th and terms of an APO is a violation SUPPLEMENTARY INFORMATION: Section which is subject to sanction. 702 of the Trade Agreements Act of Street and Constitution Ave. NW., We are issuing and publishing these 1979 (as amended) (‘‘the Act’’) requires Washington, DC 20230. final results and notice in accordance the Department of Commerce (‘‘the This determination and notice are in with sections 751(a)(1) and 777(i)(1) of Department’’) to determine, in accordance with section 702(a) of the the Act. consultation with the Secretary of Act. Dated: August 20, 2012. Agriculture, whether any foreign Dated: August 20, 2012. government is providing a subsidy with Paul Piquado, Paul Piquado, Assistant Secretary for Import respect to any article of cheese subject Assistant Secretary for Import Administration. to an in-quota rate of duty, as defined in section 702(h) of the Act, and to Administration. Appendix publish an annual list and quarterly Issue 1: Whether the Department Should updates to the type and amount of those Rescind the Review of Tube-Smith subsidies. We hereby provide the

APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Gross 1 Net 2 Country Program(s) subsidy subsidy ($/lb) ($/lb)

27 European Union Member States 3 ...... European Union Restitution Payments ...... $0.00 $0.00 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.35 0.35 Norway ...... Indirect (Milk) Subsidy ...... 0.00 0.00 Consumer Subsidy ...... 0.00 0.00

Total ...... 0.00 0.00 Switzerland ...... Deficiency Payments ...... 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

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[FR Doc. 2012–21042 Filed 8–24–12; 8:45 am] The Medical Trade Mission to Brazil Commercial Setting BILLING CODE 3510–DS–P is intended to include representatives from a variety of U.S. medical/ Brazil is the largest medical healthcare industry manufacturers equipment market in South America. DEPARTMENT OF COMMERCE (equipment/devices, laboratory The total market for medical equipment equipment, emergency equipment, in Brazil should continue to expand International Trade Administration diagnostic, physiotherapy and approximately 15% through 2012. orthopedic, healthcare information Brazil is both a major medical U.S. Medical Mission to Brazil; Sao technology, and other allied sectors), equipment producer and importer. This Paulo, Brazil, May 21–24, 2013 service providers, and trade industry consists of a number of related associations. Participating in an official products and services, including: AGENCY: International Trade U.S. industry delegation, rather than • Medical equipment and devices; Administration, Department of traveling to Brazil on their own, will • Commerce. Dental equipment and products; enhance the participants’ ability to • Radiological and diagnostic imaging ACTION: Notice. secure meetings in Brazil. Mission equipment; and participants will have tabletop exhibits • Laboratory equipment. Mission Description at the CS booth at Hospitalar and prearranged one-on-one appointments at Brazilian medical equipment The United States Department of the tables to introduce the participants revenues in 2011 reached an estimated Commerce (USDOC), International to end-users and prospective partners US$6.056 billion, which represents an Trade Administration, U.S. and Foreign whose needs and capabilities are best increase of 20% from the previous year. Commercial Service (CS) is organizing a suited to each U.S. participant’s The United States accounts for Medical Trade Mission to Brazil from strengths. The participants also will approximately 30% of the import May 21–24, 2013 in conjunction with obtain first-hand information through market, with U.S. sales mainly going Hospitalar 2013—the region’s major briefings about the regulations, policies through local agents, distributors and healthcare trade show—in Sao Paulo, and procedures in the healthcare importers who sell to hospitals and Brazil’s major healthcare industry hub. industry. Trade mission participants clinics. The market for electro-medical In addition to providing exposure to will have the opportunity to interact equipment is around US$200 million, Brazilian buyers, the trade show also extensively with Embassy/Consulate which represents approximately 50% of attracts a high number of visitors from Officials and Commercial Service (CS) total sales in Latin America. In 2011, Mexico, Central and South America, as Brazil healthcare specialist to discuss imports for in vitro diagnostics reagents well as attendees from Europe, Asia and industry developments, opportunities, and devices increased approximately Africa. and sales strategies. 20%.

MEDICAL EQUIPMENT

2011 2012 2013 In US$ billion 2010 (estimated) (estimated) (estimated)

Total Market Size ...... 5.047 6 .056 6.964 8.009 Total Local Production ...... 2 .013 2.415 2.898 3.477 Total Exports ...... 0.633 0.759 0.910 1.092 Total Imports ...... 3.667 4 .400 4.976 5.624 Imports from the U.S ...... 1.100 1 .320 1.493 1.687 Exchange Rate: 1 US$ ...... 1 .67 1.67 ......

There are few high-quality Brazilian particularly for advanced medical a ‘‘spring board’’ for export into manufacturers of advanced medical equipment, disposables, diagnostic Argentina, Uruguay and Paraguay. Since products, so Brazil’s reliance on imports devices, implants and components. compulsory product registration before should continue for some time. Local sale is required for all of MERCOSUR Opportunities buyers view U.S. and other foreign countries, U.S. exporters should consult products (mainly Canadian and The market for home healthcare a local lawyer/consultant before signing European) as having comparable quality products has been increasing in recent a contract with any agent/distributor. and reliability. Thus, financing terms years. Brazilian health insurance The growth in this industry makes it often become the differentiating criteria companies are responsible for paying very attractive for U.S. companies, both in making a sale. 99% of the costs related to home care large companies already doing business treatment, and as such, the U.S. Best Prospects/Services in the market but also and especially Commercial Service sees the market for small- and medium-sized enterprises Brazil’s strengthened currency has home healthcare products growing (SMEs), and new-to-market (NTM) meant that private and public hospitals dramatically during the coming years. companies. Brazil’s Regional Nursing Council is have greater purchasing power, and Mission Goals with continued expansion of Brazil’s currently developing procedures on private healthcare sector, the market how to regulate this market, including The goal of the Medical Trade should grow. Approximately 80% of all standards for health professionals. Mission to Brazil is to (1) Familiarize products used in hospitals have no In addition to the attractive size of the the participants with the current similar manufacturing in the country Brazilian medical market, U.S. exporters healthcare market as well as the and must be imported. New should consider the opportunities developments taking place in Brazil, (2) opportunities for U.S. exporters abound, offered by Mercosur, and use Brazil as introduce participants to strategic

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partners to learn about various • Pre-travel briefings/Webinar on • Listed in Hospitalar 2013 hard copy regulatory procedures as well as policies subjects ranging from business practices exhibitor catalog; in the healthcare sector, and (3) and in Brazil to security; • Advanced promotion to top local • Consulate briefings on the business introduce participants to Brazilian contacts of the U.S. Commercial Service companies for potential partnerships. climate, political scenario, medical/ healthcare industry scenario; network in Brazil, Mexico, and Mission Scenario • Pre-scheduled meetings with throughout Central and South America. potential partners, distributors, end Proposed Timetable U.S. participants will be counseled users, or local industry contacts; before and after the mission by U.S. • Showcase your company using a Mission participants will be Export Assistance Center trade tabletop display at Hospitalar 2013— encouraged to arrive Monday, May 20, specialists, primarily by members of the includes table with two chairs, 2013 to allow time to adjust to their new Global Healthcare Team. Participation unlimited Internet access; surroundings before the mission • in the mission will include the Complimentary promotion and program begins on Tuesday, May 21. following: listing on the official Hospitalar 2013 portal;

Tuesday, May 21 ...... Sao Paulo. 11 a.m.–11: 45 a.m.: Consulate & Industry briefing by U.S. Department of Commerce at U.S. Commercial Service Pavilion. Noon to 9 p.m. trade show hours. One-on-one appointments begin.

Wednesday, May 22 ...... Sao Paulo. Noon to 9 p.m. trade show hours. One-on-one appointments continue. No-host Group Dinner.

Thursday, May 23 ...... Sao Paulo. Noon to 9 p.m. trade show hours. One-on-one appointments continue.

Friday, May 24 ...... Sao Paulo. Noon to 9 p.m. trade show hours, One-on-one appointments end.

Participation Requirements $5475 for large companies. This to export through the mission are either All parties interested in participating includes entry passes to the trade show, produced in the United States, or, if not, in the Brazil Medical Trade Mission and no additional fees/registration will marketed under the name of a U.S. firm must complete and submit an need to be processed to exhibit at and have at least fifty-one percent U.S. application for consideration by the Hospitalar 2013. Expenses for local content. In the case of a trade Department of Commerce. All translator, local transportation, lodging, association or trade organization, the applicants will be evaluated on their meals, incidentals, and travel will be the applicant must certify that, for each ability to meet certain conditions and responsibility of each mission company to be represented by the trade satisfy the selection criteria as outlined participant. association or trade organization, the below. A minimum of 8 and a maximum Conditions for Participation products and services the represented of 12 companies will be selected to company seeks to export are either • An applicant must submit a participate in the mission. U.S. produced in the United States, or, if not, completed and signed mission companies already doing business in marketed under the name of a U.S. firm application and supplemental Brazil as well as U.S. companies seeking and have at least fifty-one percent U.S. application materials, including to enter the Brazilian market for the first content. adequate information on the company’s time may apply. products and/or services, (or in the case Selection Criteria for Participation Fees and Expenses of a trade association or trade Selection will be based on the After a company or organization has organization, information on the following criteria: been selected to participate on the products and/or services of the • Suitability of a company’s (or, in mission, a payment to the Department of companies to be represented on the the case of a trade association or trade Commerce in the form of a participation trade mission), primary market organization, represented companies’) fee is required. The participation fee per objectives, and goals for participation. If products or services to the mission’s company will be $3,850 for small and the Department of Commerce receives goals. an incomplete application, the medium-sized enterprises (SME) 1 and • Company’s (or, in the case of a trade Department may reject the application, association or trade organization, 1 request additional information, or take An SME is defined as a firm with 500 or fewer represented companies’) potential for the lack of information into account employees or that otherwise qualifies as a small business in Brazil, including likelihood business under SBA regulations (see http:// when evaluating the applications. www.sba.gov/services/contractingopportunities/ • Each applicant must also certify of exports resulting from the trade sizestandardstopics/index.html). Parent companies, that the products and services it seeks mission. affiliates, and subsidiaries will be considered when • Consistency of the applicant’s goals determining business size. The dual pricing reflects the Commercial Service’s user fee schedule that www.export.gov/newsletter/march2008/ and objectives with the stated scope of became effective May 1, 2008 (see http:// initiatives.html for additional information). the trade mission.

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Referrals from political organizations DEPARTMENT OF COMMERCE from the recovered tags. The groundfish and any documents containing tagging and tag recovery program is part references to partisan political activities National Oceanic and Atmospheric of the fishery resource assessment and (including political contributions) will Administration data collection that NMFS conducts be removed from an applicant’s under the Magnuson-Stevens Act submission and not considered during Proposed Information Collection; authority as codified in 16 U.S.C. the selection process. Comment Request; Groundfish 1801(a)(8). Tagging Program Timeframe for Recruitment and II. Method of Collection Applications AGENCY: National Oceanic and Atmospheric Administration (NOAA), This is a volunteer program requiring Mission recruitment will be Commerce. the actual tag from the fish to be returned, along with recovery conducted in an open and public ACTION: Notice. manner, including publication in the information. Reporting forms with pre- Federal Register (http:// SUMMARY: The Department of addressed and postage-free envelopes www.gpoaccess.gov/fr), posting on ITA’s Commerce, as part of its continuing are distributed to processors and catcher trade mission calendar—http:// effort to reduce paperwork and vessels. export.gov/trademissions—and other respondent burden, invites the general III. Data public and other Federal agencies to Internet web sites, press releases to OMB Control Number: 0648–0276. general and trade media, direct mail, take this opportunity to comment on proposed and/or continuing information Form Number: None. broadcast fax, notices by industry trade Type of Review: Regular submission associations and other multiplier collections, as required by the Paperwork Reduction Act of 1995. (extension of a currently approved groups, and publicity at industry collection). DATES: meetings, symposia, conferences, and Written comments must be Affected Public: Non-profit trade shows. submitted on or before October 26, institutions; State, local, or tribal 2012. Recruitment for the mission will government; business or other for-profit begin immediately and conclude no ADDRESSES: Direct all written comments organizations. later than March 8, 2013. The U.S. to Jennifer Jessup, Departmental Estimated Number of Respondents: Department of Commerce will review Paperwork Clearance Officer, 350. applications and make selection Department of Commerce, Room 6616, Estimated Time per Response: 5 decisions on a rolling basis until the 14th and Constitution Avenue NW., minutes for returning a regular tag, and maximum of twelve (12) participants is Washington, DC 20230 (or via the 20 minutes for returning an internal reached. We will inform all applicants Internet at [email protected]). archival tag. of selection decisions as soon as FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden possible after the applications are Requests for additional information or Hours: 65. Estimated Total Annual Cost to reviewed. Applications received after copies of the information collection Public: $0 in recordkeeping/reporting the March 8 deadline will be considered instrument and instructions should be costs. only if space and scheduling constraints directed to John Clary at (206) 526–4039 permit. or email [email protected]. IV. Request for Comments SUPPLEMENTARY INFORMATION: How To Apply Comments are invited on: (a) Whether I. Abstract the proposed collection of information Applications can be completed on- The groundfish tagging program is necessary for the proper performance line at the Trade Mission Web site or provides scientists with information of the functions of the agency, including can be obtained by contacting Pompeya necessary for effective conservation, whether the information shall have Lambrecht at the U.S. Department of management, and scientific practical utility; (b) the accuracy of the Commerce (see contact details below.) understanding of the groundfish fishery agency’s estimate of the burden Completed applications should be off Alaska and the Northwest Pacific. (including hours and cost) of the submitted to Pompeya Lambrecht. The program area includes the Pacific proposed collection of information; (c) ways to enhance the quality, Contacts Ocean off Alaska (the Gulf of Alaska, the Bering Sea and Aleutian Islands Area, utility, and clarity of the information to U.S. Commercial Service Healthcare and the Alexander Archipelago of be collected; and (d) ways to minimize Team: Ms. Pompeya Lambrecht, Southeast Alaska), California, Oregon, the burden of the collection of International Trade Specialist, U.S. and Washington. Fish movement information on respondents, including Commercial Service, U.S. Department of information from recovered tags is used through the use of automated collection Commerce, 2800 S. Randolph Street, in population dynamics models for techniques or other forms of information Suite 800, Arlington, VA 22206, Phone: stock assessment. There are two general technology. Comments submitted in response to 703.756.1707, categories of tags. Simple plastic tags this notice will be summarized and/or [email protected]. (spaghetti tags) are external tags included in the request for OMB approximately two inches long printed U.S. Commercial Service in Brazil: approval of this information collection; with code numbers. When a tag is Mr. Jefferson Oliveira, U.S. Commercial they also will become a matter of public returned the tag number is correlated Service Sao Paulo, Phone: record. 011.55.11.5186.7136, with databases of released, tagged fish to [email protected]. determine the net movement and Dated: August 21, 2012. growth rate of the tagged fish. Archival Gwellnar Banks, Elnora Moye, tags are microchips with sensors Management Analyst, Office of the Chief Trade Program Assistant. encased in plastic cylinders that record Information Officer. [FR Doc. 2012–21051 Filed 8–24–12; 8:45 am] the depth, temperature or other data, [FR Doc. 2012–20948 Filed 8–24–12; 8:45 am] BILLING CODE 3510–FP–P which can be downloaded electronically BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE 12866 and 13563 (EO 12866 and EO III. Data 13563) as well as a variety of state National Oceanic and Atmospheric statutes including Florida Statute OMB Control Number: 0648–0369. Administration 120.54, Hawaii Revised Statute 201M–2, Form Number: None. New Jersey Permanent Statutes 52:14B– Proposed Information Collection; Type of Review: Regular submission 19 and Oregon Revised Statutes 183.335 (extension and revision of a currently Comment Request; Economic Surveys and 183.540. approved collection). for U.S. Commercial Fisheries In general, questions will be asked Affected Public: Business or other for- AGENCY: National Oceanic and concerning ex-vessel and wholesale Atmospheric Administration (NOAA), prices and revenue, variable and fixed profit organizations. Commerce. costs, expenditures, effort, ownership, Estimated Number of Respondents: dependence on the fisheries, and fishery ACTION: Notice. 7,000. employment. The data collection efforts Estimated Time Per Response: 1–2 SUMMARY: The Department of will be coordinated to reduce the hours for a response from a catcher Commerce, as part of its continuing additional burden for those who effort to reduce paperwork and participate in multiple fisheries. vessel or for-hire vessel for operating respondent burden, invites the general Participation in these data collections cost, annual cost, revenue, effort, public and other Federal agencies to will be voluntary. employment, ownership, and limited take this opportunity to comment on Program change: We are adding demographic data; 20–30 minutes per proposed and/or continuing information questions for first receivers to this response from a catcher vessel or for- collections, as required by the collection. hire vessel for operating cost data; 30 Paperwork Reduction Act of 1995. The data will be used for the minutes to 1 hour and 30 minutes per DATES: Written comments must be following three purposes: (1) To monitor response from a catcher vessel or for- submitted on or before October 26, the economic performance of these hire vessel for annual expenditure and 2012. fisheries through primary processing; (2) demographic data; 8 hours for a to analyze the economic performance response from a West Coast or Alaska ADDRESSES: Direct all written comments effects of current management measures; processor, including catcher/processor to Jennifer Jessup, Departmental and (3) to analyze the economic vessels, mothership vessels, floating Paperwork Clearance Officer, performance effects of alternative processing plants, and onshore plants; Department of Commerce, Room 6616, management measures. The measures of 1–2 hours for a response from an East 14th and Constitution Avenue NW., economic performance to be supported Coast or Gulf processor. Washington, DC 20230 (or via the by this data collection program include Internet at [email protected]). the following: (1) contribution to net Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: national benefit; (2) contribution to Hours: 7,000. Requests for additional information or income of groups of participants in the Estimated Total Annual Cost to copies of the information collection fisheries (i.e., fishermen, vessel owners, Public: $0. instrument and instructions should be processing plant employees, and IV. Request for Comments directed to Eric Thunberg, (508) 495– processing plant owners); (3) 2272 or [email protected]. employment; (4) regional economic Comments are invited on: (a) Whether SUPPLEMENTARY INFORMATION: impacts (income and employment); and the proposed collection of information (5) factor utilizations rates. As required I. Abstract is necessary for the proper performance by law, the confidentiality of the data of the functions of the agency, including This request is for an extension and will be protected. whether the information shall have revision of a currently approved generic Data collections will focus each year practical utility; (b) the accuracy of the collection. on a different component of the U.S. Economic data for selected United agency’s estimate of the burden commercial fisheries, with only limited (including hours and cost) of the States (U.S.) commercial fisheries will data collected in previously surveyed be collected for each of the following proposed collection of information; (c) components of these fisheries. The latter ways to enhance the quality, utility, and groups of operations, based on pre- will be done to update the models that approved questions: (1) Processors, clarity of the information to be will be used to track economic collected; and (d) ways to minimize the including onshore plants, floating performance and to evaluate the burden of the collection of information processing plants, mothership vessels, economic effects of alternative on respondents, including through the and catcher/processor vessels; (2) first management actions. This cycle of data use of automated collection techniques receivers of fish, including dealers, collection will facilitate economic or other forms of information wholesalers, and auctions; (3) catcher performance data being available and technology. vessels; and (4) for-hire vessels. updated for all the components of the Companies associated with these groups U.S. commercial fisheries identified Comments submitted in response to will be surveyed for expenditure, above. this notice will be summarized and/or earnings, effort, ownership, and included in the request for OMB employment data; and basic II. Method of Collection approval of this information collection; demographic data on fishing and The surveys will be conducted via they also will become a matter of public processing crews. These economic data mail, phone and in-person interview. In record. collection programs contribute to legally general, respondents will be mailed a Dated: August 22, 2012. mandated analyses required under the copy of the survey instrument in Magnuson-Stevens Fishery advance of a phone or in-person Gwellnar Banks, Conservation and Management Act interview. Where feasible, survey Management Analyst, Office of the Chief (MFCMA), the National Environmental respondents will be provided with the Information Officer. Policy Act (NEPA), the Regulatory option to respond to a survey on-line or [FR Doc. 2012–21029 Filed 8–24–12; 8:45 am] Flexibility Act (RFA), Executive Orders other electronic medium. BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE Northern California steelhead (O. DEPARTMENT OF COMMERCE mykiss), and threatened California National Oceanic and Atmospheric Coastal Chinook Salmon (O. National Oceanic and Atmospheric Administration tshawytscha). Administration RIN 0648–XC173 Permit 14513 [Docket No. 1206013478–2342–02; 0648– XB140] Endangered and Threatened Species; A notice of the receipt of an Take of Anadromous Fish application for a scientific research Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List permit (14513) was published in the AGENCY: National Marine Fisheries the Queen Conch as Threatened or Federal Register on December 8, 2010 Service (NMFS), National Oceanic and Endangered Under the Endangered Atmospheric Administration (NOAA), (75 FR 76400–76401). After publication Species Act Commerce. of the notice of receipt, Dr. Carlson AGENCY: ACTION: Issuance of a scientific research expanded her research program to National Marine Fisheries permit. include study sites in the Eel River Service (NMFS), National Oceanic and watershed. Since the Eel River Atmospheric Administration (NOAA), SUMMARY: Notice is hereby given that watershed and associated take of salmon Department of Commerce. NMFS has issued Permit 14513 to Dr. and steelhead were not included in the ACTION: Ninety-day petition finding, Stephanie Carlson of University of previous application that already went request for information, and initiation of California, Berkeley. through the public comment period, status review. ADDRESSES: The approved application NMFS published another notice of for the permit is available on the receipt in the Federal Register on June SUMMARY: We, NMFS, announce a 90- Applications and Permits for Protected 7, 2012 (77 FR 33717–33718). day finding on a petition to list the queen conch (Strombus gigas) as Species (APPS), https:// Permit 14513 is for research to be apps.nmfs.noaa.gov Web site by threatened or endangered and designate conducted in the Lagunitas Creek critical habitat under the Endangered searching the permit number within the watershed in Marin County, the Search Database page. The application, Species Act (ESA). We find that the Pescadero Creek watershed in San issued permit and supporting petition and information in our files Mateo County, and the Eel River documents are also available upon present substantial scientific or watershed in Humboldt and Mendocino written request or by appointment: commercial information indicating that Protected Resources Division, NMFS, counties, California. The main purpose the petitioned action may be warranted. 777 Sonoma Avenue, Room 325, Santa of the research is to conduct research We will conduct a status review of the Rosa, California 95404 (ph: (707) 575– on, and monitor salmon populations in species to determine if the petitioned 6097, fax: (707) 578–3435). these watersheds. Permit 14513 action is warranted. To ensure that the authorizes capturing (backpack status review is comprehensive, we are FOR FURTHER INFORMATION CONTACT: electrofisher, traps, seine, dip net, hook soliciting scientific and commercial Jeffrey Jahn at 707–575–6097, or email: information regarding this species (see [email protected]. and line), observing (snorkel surveys), anesthetizing, handling (identify, below). SUPPLEMENTARY INFORMATION: measure, weigh), marking (Passive DATES: Information and comments on Authority Integrated Transponder tags, fin clips), the subject action must be received by The issuance of permits and permit sample (scales, gastric lavage, otolith), October 26, 2012. modifications, as required by the and release of Central California Coast ADDRESSES: You may submit Endangered Species Act of 1973 (16 (CCC) coho salmon, Southern Oregon/ information, identified by the code U.S.C. 1531–1543) (ESA), is based on a Northern California Coast (SONCC) 0648–XB140, addressed to: Calusa Horn, finding that such permits/modifications: coho salmon, Central California Coast Natural Resource Specialist, by any of (1) Are applied for in good faith; (2) (CCC) steelhead, Northern California the following methods: would not operate to the disadvantage (NC)steelhead, and California Coastal • Electronic Submissions: Submit all of the listed species which are the (CC) Chinook Salmon, henceforth electronic information via the Federal subject of the permits; and (3) are referred to as ESA-listed salmonids. eRulemaking Portal http:// consistent with the purposes and Permit 14513 authorizes non-lethal www.regulations.gov. • Facsimile (fax): 727–824–5309. policies set forth in section 2 of the take and low levels of unintentional • Mail: NMFS, Southeast Regional ESA. Authority to take listed species is lethal take of ESA-listed salmonids, as subject to conditions set forth in the Office, 263 13th Avenue South, St. well as adult carcasses of these species. permits. Permits and modifications are Petersburg, FL 33701. Permit 14513 does not authorize any issued in accordance with and are • Hand delivery: You may hand lethal take of ESA-listed salmonids subject to the ESA and NMFS deliver written information to our office regulations (50 CFR parts 222–226) except for a limited number of during normal business hours at the governing listed fish and wildlife moribund CCC steelhead that may occur street address given above. permits. in Pescadero Creek. Instructions: All information received Dated: August 22, 2012. is a part of the public record and may Species Covered in This Notice Dwayne Meadows, be posted to http://www.regulations.gov This notice is relevant to federally without change. All personally Acting Chief, Endangered Species Division, endangered Central California Coast Office of Protected Resources, National identifiable information (for example, coho salmon (Oncorhyncus kisutch), Marine Fisheries Service. name, address, etc.) voluntarily threatened Southern Oregon/Northern submitted by the commenter may be [FR Doc. 2012–21091 Filed 8–24–12; 8:45 am] California Coast coho salmon (O. publicly accessible. Do not submit kisutch), threatened Central California BILLING CODE 3510–22–P confidential business information or Coast steelhead (O. mykiss), threatened otherwise sensitive or protected

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information. We will accept anonymous prejudge the outcome of the status authorities, and maps (50 CFR submissions. Attachments to electronic review. 424.14(b)(2)). comments will be accepted in Microsoft Under the ESA, a listing Court decisions clarify the Word, Excel, Corel WordPerfect, or determination may address a ‘‘species,’’ appropriate scope and limitations of the Adobe PDF file formats only. which is defined to also include Services’ review of petitions at the 90- subspecies and, for any vertebrate day finding stage, in making a FOR FURTHER INFORMATION CONTACT: species, any distinct population determination whether a petitioned Calusa Horn, NMFS, Southeast Region, segment (DPS) that interbreeds when action ‘‘may be’’ warranted. As a general (727) 824–5312; or Marta Nammack, mature (16 U.S.C. 1532(16)). A joint matter, these decisions hold that a NMFS, Office of Protected Resources, NOAA–U.S. Fish and Wildlife Service petition need not establish a ‘‘strong (301) 427–8469. (USFWS) policy clarifies the agencies’ likelihood’’ or a ‘‘high probability’’ that SUPPLEMENTARY INFORMATION: On interpretation of the phrase ‘‘distinct a species is either threatened or February 27, 2012, we received a population segment’’ for the purposes of endangered to support a positive 90-day petition from the WildEarth Guardians listing, delisting, and reclassifying a finding. to list queen conch (Strombus gigas) as species under the ESA (‘‘DPS Policy’’; We evaluate the petitioner’s request threatened or endangered under the 61 FR 4722; February 7, 1996). A based upon the information in the ESA. The petitioner also requested that species, subspecies, or DPS is petition including its references, and the we designate critical habitat. The ‘‘endangered’’ if it is in danger of information readily available in our petition states that the species is extinction throughout all or a significant files. We do not conduct additional declining and threatened with portion of its range, and ‘‘threatened’’ if research, and we do not solicit extinction due to habitat degradation, it is likely to become endangered within information from parties outside the specifically, water pollution and the foreseeable future throughout all or agency to help us in evaluating the destruction of seagrass nursery habitat, a significant portion of its range (ESA petition. We will accept the petitioner’s overutilization resulting from sections 3(6) and 3(20), respectively; 16 sources and characterizations of the commercial harvest, inadequacy of U.S.C. 1532(6) and (20)). Pursuant to the information presented, if they appear to existing regulatory mechanisms, and ESA and our implementing regulations, be based on accepted scientific other natural and manmade factors such we determine whether species are principles, unless we have specific as, biological vulnerability, human threatened or endangered because of information in our files that indicates population growth, and synergistic any one or a combination of the the petition’s information is incorrect, effects. Copies of this petition are following five section 4(a)(1) factors: the unreliable, obsolete, or otherwise irrelevant to the requested action. available from us (see ADDRESSES, present or threatened destruction, Information that is susceptible to more above) or at http://sero.nmfs.noaa.gov/ modification, or curtailment of habitat than one interpretation or that is pr/ListingPetitions.htm. or range; overutilization for commercial, recreational, scientific, or educational contradicted by other available ESA Statutory and Regulatory purposes; disease or predation; information will not be dismissed at the Provisions and Evaluation Framework inadequacy of existing regulatory 90-day finding stage, so long as it is mechanisms; and any other natural or reliable and a reasonable person would Section 4(b)(3)(A) of the ESA of 1973, manmade factors affecting the species’ conclude it supports the petitioner’s as amended (U.S.C. 1531 et seq.), existence (16 U.S.C. 1533(a)(1), 50 CFR assertions. In other words, conclusive requires, to the maximum extent 424.11(c)). information indicating the species may practicable, that within 90 days of ESA-implementing regulations issued meet the ESA’s requirements for listing receipt of a petition to list a species as jointly by NMFS and USFWS (50 CFR is not required to make a positive 90- threatened or endangered, the Secretary 424.14(b)) define ‘‘substantial day finding. We will not conclude that of Commerce make a finding on whether information’’ in the context of reviewing a lack of specific information alone that petition presents substantial a petition to list, delist, or reclassify a negates a positive 90-day finding, if a scientific or commercial information species as the amount of information reasonable person would conclude that indicating that the petitioned action that would lead a reasonable person to the unknown information itself suggests may be warranted, and to promptly believe that the measure proposed in the an extinction risk of concern for the publish such finding in the Federal petition may be warranted. In evaluating species at issue. Register (16 U.S.C. 1533(b)(3)(A)). When whether substantial information is To make a 90-day finding on a we find that substantial scientific or contained in a petition, the Secretary petition to list a species, we evaluate commercial information in a petition must consider whether the petition: (1) whether the petition presents indicates the petitioned action may be Clearly indicates the administrative substantial scientific or commercial warranted (a ‘‘positive 90-day finding’’), measure recommended and gives the information indicating the subject we are required to promptly commence scientific and any common name of the species may be either threatened or a review of the status of the species species involved; (2) contains detailed endangered, as defined by the ESA. concerned during which we will narrative justification for the First, we evaluate whether the conduct a comprehensive review of the recommended measure, describing, information presented in the petition, best available scientific and commercial based on available information, past and along with the information readily information. In such cases, we are to present numbers and distribution of the available in our files, indicates that the conclude the review with a finding as to species involved and any threats faced petitioned entity constitutes a ‘‘species’’ whether, in fact, the petitioned action is by the species; (3) provides information eligible for listing under the ESA. Next, warranted within 12 months of receipt regarding the status of the species over we evaluate whether the information of the petition. Because the finding at all or a significant portion of its range; indicates that the species at issue faces the 12-month stage is based on a more and (4) is accompanied by the extinction risk that is cause for concern; thorough review of the available appropriate supporting documentation this may be indicated in information information, as compared to the narrow in the form of bibliographic references, expressly discussing the species’ status scope of review at the 90-day stage, a reprints of pertinent publications, and trends, or in information describing ‘‘may be warranted’’ finding does not copies of reports or letters from impacts and threats to the species. We

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evaluate any information on specific appears to exert a strong influence on the queen conch form (Theile, 2001; demographic factors pertinent to juvenile and adult morphology and Davis, 2005). evaluating extinction risk for the species growth (Martin-Mora et al., 1995; Analysis of the Petition at issue (e.g., population abundance and McCarthy, 2007). Queen conch graze on trends, productivity, spatial structure, a variety of species of algae and seagrass We have determined, based on the age structure, sex ratio, diversity, detritus. Their preferred habitat types information provided in the petition current and historical range, habitat are seagrass meadows, coral rubble, and readily available in our files, that integrity or fragmentation), and the algal plains, and sandy substrates the petition presented substantial potential contribution of identified (McCarthy, 2007; SADAR, 2007), but scientific or commercial information indicating that the petitioned action demographic risks to extinction risk for they are also encountered on rocky may be warranted. The petition contains the species. We then evaluate the habitats and on coral reefs (Theile, a detailed narrative justification for the potential links between these 2001). Queen conch occur at depths recommended measure, species demographic risks and the causative ranging from a few centimeters to impacts and threats identified in section taxonomic description, geographic greater than 100 meters; however, distribution, preferred habitat 4(a)(1). densities decrease significantly below Information presented on impacts or characteristics, population status and 30 meters due to light limitations that threats should be specific to the species trends, and threats contributing to the and should reasonably suggest that one are not conducive for the growth of their species’ decline, and it is accompanied or more of these factors may be food sources (i.e., algae and seagrass) by appropriate supporting operative threats that act or have acted (Theile, 2001; SEDAR, 2007). Adults are documentation. Below is a synopsis of on the species to the point that it may typically found at depths ranging from our analysis of the information provided warrant protection under the ESA. 10 to 30 meters (McCarthy, 2007). in the petition and readily available in Broad statements about generalized Queen conch reach reproductive our files. threats to the species, or identification maturity, though highly variable, The petition states that the primary of factors that could negatively impact between 3 and 4 years of age or after the threat to the queen conch is a species, do not constitute substantial shell has developed the flared lip overexploitation by fisheries. The queen information that listing may be (Theile, 2001; Davis, 2005; McCarthy, conch is commercially harvested in 25 warranted. We look for information 2007). It is widely believed that adult countries throughout the Caribbean indicating that not only is the particular queen conch migrate to shallow waters region (Acosta, 2006). Queen conch species exposed to a factor, but that the to form large spawning aggregations. meat is mainly consumed as food, but species may be responding in a negative However, Stoner et al., (1992) and is also used as bait. Queen conch shells fashion; then we assess the potential Glazer and Kidney (2004; as cited in are generally considered a by-product of significance of that negative response. CITES, 2008) suggest that queen conch the fisheries and are discarded at sea, migrate relatively little when habitats though some are sold as jewelry or Queen Conch Species Description curios (NMFS, 2011a). The United provide for a variety of their functions The queen conch (Strombus gigas) is States is the largest importer of queen (e.g., forage, cover, reproduction). a large gastropod mollusk belonging to conch from the Caribbean, importing Queen conch spawn from March the Strombidae family. The queen conch approximately 78 percent of the queen through October, with most activity occurs throughout the Caribbean islands conch meat in international trade occurring during the warmest water and into the Gulf of Mexico, south (Davis, 2005), equaling approximately periods (i.e., July through September). Florida, the Bahamas, and Bermuda, 2,000 to 2,500 tons of queen conch meat and the northern coasts of Central and Fertilization is internal and females lay annually (Theile, 2002; CITES, 2005). South America (Davis, 2005). The an average of nine egg masses per The petition asserts that queen conch known distribution of the queen conch season; each mass contains annual landings have increased includes 36 countries and dependent approximately 400,000 eggs (Davis, substantially in order to meet growing territories (CITES, 2003). The queen 2005). Larvae hatch after a 3 to 5 day egg international demand. The petition conch is the largest of the molluscan incubation period. Larvae are pelagic, references queen conch landings from gastropods with adults averaging 7–9 drifting on surface currents for 2 to 3 several of the largest exporting countries inches (shell length) in size, but can weeks, depending on phytoplankton in the Caribbean region, stating that grow to a maximum size of 12 inches concentrations, temperature, and Jamaica, Honduras, and the Dominican (Davis, 2005; NMFS, 2011). Queen proximity to appropriate nursery Republic each declare approximately conch have an external, spiral-shaped habitat. Ocean currents and water 1,000 tons of queen conch meat landed shell with a glossy pink or orange circulation can carry larvae over annually; followed by the Bahamas and interior (Davis, 2005; NOAA, 2011). significant distances and likely play an Turks and Caicos which land Queen conch are aged by shell length, important role in recruitment and approximately 680 and 780 tons, which is measured from the tip of spire repopulation of depleted areas (Theile, respectively (Theile, 2002; as cited by to the anterior edge of the shell. At 2001; Davis, 2005). It is generally the petition). For perspective, 4,500 tons approximately 3 years of age, the shell believed that larvae select specific of conch meat is equivalent to will begin to form a flared lip, which is habitat types, preferring to settle in approximately 31 million individuals used to indicate the animal’s maturity clean shallow coastal waters containing (CITES, 2005). The petition also claims (Theile, 2001; Davis, 2005). seagrass meadows and sandy substrate that queen conch landings are ‘‘grossly Reproductive maturity is related to the (CFMC, 1996; Theile, 2001; Davis, underestimated’’ because landings data development of the flared lip (SEDAR, 2005), although juvenile queen conch are limited and do not account for high 2007). The conch shell and flared lip have also been observed in a variety of levels of illegal and unreported harvest. continue to grow as the animal ages habitat types (i.e., algae covered hard Several citations caution that queen (NMFS, 2011). bottom, algae flats, deep banks, coral conch landings are likely greater than Queen conch are believed to live up rubbles, and seagrass meadows) (Stoner, reported, referencing large scale foreign to 30 years (McCarthy, 2007). Shell 2003; Davis, 2005). During their first poaching and illegal trade (i.e., at sea morphology is highly plastic and habitat year, larvae begin to metamorphose into transfer) by neighbouring territories and

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under-reported queen conch landings vulnerable to depensation problems to reduced reproductive output which is (Theile, 2001; CITES, 2005; Aiken et al., (Stoner et al. 2012). Stoner and Ray- usually measured in terms of egg laying 2006; FAO, 2007). Culp (2000) documented a mate-finding (Glazer et al. 2008; Spade et al. 2010). The petitioner asserts that queen Allee effect in queen conch populations In the Florida Keys, the gonads of conch is being harvested at in the Bahamas, observing that mating nearshore female conch were unsustainable levels, resulting in behavior and egg-laying never occurred documented by Delgado et al. (2004) to population declines, stock collapses, as when densities were below 56 and 48 be in worse condition than those of well as recruitment and reproductive adults per hectare. Consistent with males; Spade et al. (2010) also failure. In the 1980s, increased earlier studies, Stoner et al. (2012) documented a premature regression of international demand and subsequent reported that no mating was observed at male testis and a reduction in testis commercial exploitation resulted in densities less than 47 queen conch per development in nearshore male queen several stocks being reduced to levels hectare. Ehrhardt and Valle-Esquivel conch. Translocation studies conducted where the populations can no longer (2008, citing TRAFFIC, 2003) stated that in the Florida Keys also found that recover (Paris et al., 2008). The queen the mean densities in several important nearshore queen conch failed to develop conch trade is suspected to be queen conch fisheries in the Caribbean adequate gonad tissue, but gonads unsustainable in many Caribbean region were below levels at which developed within 3 months once the countries, and illegal harvest, including depensation has been shown to occur in animals were relocated to offshore fishing of the species in foreign waters queen conch populations. environments; conversely, gonad and subsequent illegal international The information presented by the function ceased when offshore queen trade, is believed to be a common and petitioner and information in our files conch were relocated into nearshore widespread problem throughout the indicates that queen conch populations environments (McCarthy et al. 2002; Caribbean region (Theile, 2001; Jesus- in many Caribbean countries are Glazer et al. 2008; Spade et al. 2010). A Navarrete, 2003; CITES 2003, 2005; declining or have declined as a result of Florida Fish and Wildlife Conservation Aiken et al., 2006). The petition outlines overexploitation. In addition, some Commission and Environmental specific population declines, stock Caribbean countries have overexploited Protection Agency report (Glazer et al. collapses, and total or temporary queen conch populations to such low 2008) on the anthropogenic effects to closures of queen conch fisheries as a levels that depensation is impacting queen conch reproduction in south result of overharvest in Bermuda, Cuba, recruitment and recovery. Taken in Florida showed high concentrations of Colombia, Florida, Mexico, the combination, this information suggests zinc in the digestive gland and gonad Netherlands Antilles, the U.S. Virgin that overexploitation may pose an tissue of nearshore queen conch. The Islands, and Venezuela (CFMC, 1996; extinction risk of concern to the queen report stated that the digestive glands of Theile, 2001; CITES, 2003). In some conch. reproductively healthy offshore queen The petitioner also claims that water Caribbean countries, local queen conch conch had 70ng/mg of zinc, whereas the pollution in the form of heavy metals is consumption is more significant than non-reproductive nearshore queen a significant threat to queen conch the queen conch meat exports (CITES conch had 1000ng/mg of zinc in their populations. The petition discussed the 2005; Erhardt and Valle-Esuivel, 2008). digestive glands. In gastropods the threat of water pollution under ‘‘the The CITES significant trade review digestive gland is adjacent to the gonad present and threatened destruction, suggested that population declines and is believed to be a site of metal modification, or curtailment of habitat throughout the Caribbean are primarily accumulation and detoxification (Spade the result of overfishing for domestic or range’’ listing factor. However, the et al. 2010). and international markets, lack of available information suggests that enforcement of regulations, and large water pollution is having a Delgado et al. (2007) suggest that scale poaching by foreigners (CITES, physiological impact on queen conch exposure to chemicals (i.e., naled and 2003, 2005). The review also found that reproduction, which is an effect to the permathrin) commonly used in intensive fishing pressure has led to animal. Therefore, we believe that this mosquito control pesticides in south continued population declines resulting threat is more appropriately addressed Florida may have several sub-lethal and in ‘‘densities so low that recruitment under the ‘‘other natural and manmade chronic effects on critical early life failure is a risk to local fisheries in parts factors’’ listing factor. stages of queen conch. The majority of of Belize, Colombia, the Dominican The petition cites several peer- queen conch embryos exposed to these Republic, Haiti, Honduras, Panama, reviewed publications and research chemicals during this study were Puerto Rico, and the U.S. Virgin studies that show queen conch in south deformed in a manner that would limit Islands’’ (CITES, 2003, 2005). Florida are incapable of reproduction their ability to survive in the wild. The petitioner also claims that the due to pollutants in their environment. Exposure to these chemicals likely overfishing of queen conch populations In the Florida Keys, studies have increases the risk of predation upon has led to population densities so low confirmed a complete cessation of queen conch larvae. Delgado et al. that a mate finding Allee effect is queen conch spawning in nearshore (2007) found that exposed larvae were preventing recruitment and prohibiting areas, whereas offshore queen conch slow growing which would require the species’ ability to recover from have normal reproductive development larvae to remain adrift in the water overexploitation. The Allee effect occurs (Glazer and Quinteri, 1998; McCarthy et column for an extended period of time when population growth is limited by al. 2002; Delgado et al. 2004, 2007; before they reached competency (i.e., the reduced likelihood of finding a mate Glazer et al. 2008; Spade et al. 2010). recruitment size), increasing their due to low population densities. In Spade et al. (2010) suggest that the chance of being predated upon. In addition, the decrease in abundance of reproductive failure of queen conch in addition, settlement stage larvae reproductively mature adults (spawning nearshore environments in the Florida exposed to these chemicals received a stock) can lead to reduced survival or Keys is possibly a result of exposure to false metamorphic cue which forced production of eggs causing depensation high levels of zinc and copper in their larvae to undergo metamorphosis prior issues. Animals, like the queen conch, environments. Gastropod studies have to competence, decreasing their chances that require close proximity for linked heavy metal exposure, in of survival (Delgado et al. 2007; Glazier fertilization of eggs are particularly particular exposure to zinc and copper, et al. 2008).

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The literature in the petition and final action resulting from this review academic and scientific community, information available in our files be as accurate and as effective as tribal and other Native American suggests that water pollution in south possible. Therefore, we open a 60-day groups, Federal and state agencies, the Florida is significantly impacting queen public comment period to solicit private sector, and public interest conch physiology and is affecting the information from the public, groups. population’s growth and impeding the government agencies, the scientific recovery of the historically overfished community, industry, and any other References Cited populations. The information provided interested parties on the status of the A complete list of references is by the petitioner and in our files is queen conch throughout its range available upon request from the limited to the south Florida including: (1) Historical and current Southeast Regional Office, Protected populations. We do not have distribution and abundance of this Resource Division (see ADDRESSES). information regarding the occurrence of species throughout its range; (2) Authority: The authority for this action is this threat in other areas of the species historical and current population the Endangered Species Act of 1973, as range. However, it is possible that trends; (3) biological information (life amended (16 U.S.C. 1531 et seq.). Caribbean populations may be history, genetics, population Dated: August 21, 2012. experiencing similar physiological connectivity, etc.); (4) landings and effects resulting from water pollution. trade data; (5) management, regulatory, Alan D. Risenhoover, Based on the information available to us and enforcement information; (6) any Director, Office of Sustainable Fisheries, at this time, we believe water pollution current or planned activities that may Performing the Functions and Duties of the Deputy Assistant Administrator for may pose a significant risk to the adversely impact the species; and (7) Regulatory Programs, National Marine species if it is occurring elsewhere. ongoing or planned efforts to protect Fisheries Service. In addition to the information on and restore the species and their [FR Doc. 2012–21090 Filed 8–24–12; 8:45 am] overutilization and water pollution, the habitats. We request that all information petitioner also provided information on be accompanied by: (1) Supporting BILLING CODE 3510–22–P the present and threatened destruction, documentation such as maps, modification, or curtailment of seagrass bibliographic references, or reprints of DEPARTMENT OF COMMERCE nursery habitat, the inadequacy of pertinent publications; and (2) the existing regulatory mechanisms, and submitter’s name, address, and any National Oceanic and Atmospheric other natural and manmade factors association, institution, or business that Administration affecting the species existence. Because the person represents. Section 4(b)(1)(A) we have determined that the of the ESA and NMFS’ implementing [Docket No. 120705210–2210–01] information provided on overutilization regulations (50 CFR 424.11(b)) require and other natural or manmade factors that a listing determination be based RIN 0648–XC101 presents substantial information solely on the basis of the best scientific indicating the petitioned action may be and commercial data, without Endangered and Threatened Wildlife; warranted, we are not conducting a consideration of possible economic or 90-Day Finding on a Petition To List detailed analysis of this other other impacts of the determination. Five Species of Sturgeon as information here. During the 60-day public comment Threatened or Endangered Under the period we are seeking information Petition Finding Endangered Species Act related only to the status of the queen We have determined after reviewing conch throughout its range. AGENCY: National Marine Fisheries the information contained in the Service (NMFS), National Oceanic and petition, as well as information readily Peer Review Atmospheric Administration (NOAA), available in our files, that there is On July 1, 1994, NMFS, jointly with Department of Commerce. substantial information indicating that the U.S. Fish and Wildlife Service, ACTION: Ninety-day petition finding, the petitioned action may be warranted, published a series of policies regarding request for information, and initiation of based on the threats of overutilization listings under the ESA, including a status review. for commercial, recreational, scientific policy for peer review of scientific data or education purposes and other natural (59 FR 34270). The intent of the peer SUMMARY: We, NMFS, announce a 90- or manmade factors. Because we have review policy is to ensure listings are day finding on a petition to list five found that substantial information was based on the best scientific and species of sturgeon (Acipenser sturio, A. presented on the above factors, we will commercial data available. The Office of naccarii, A. mikadoi, A. sinensis, and commence a status review of the Management and Budget issued its Final Huso dauricus), or any distinct species. During our status review, we Information Quality Bulletin for Peer population segments of these species will fully address all five of the factors Review on December 16, 2004. The that the Secretary of Commerce set out in section 4(a)(1) of the ESA. At Bulletin went into effect June 16, 2005, determines may exist, as threatened or the conclusion of the status review, we and generally requires that all endangered under the Endangered will determine whether the petitioned ‘‘influential scientific information’’ and Species Act (ESA). We find that the action is warranted. ‘‘highly influential scientific petition and information in our files information’’ disseminated on or after present substantial scientific or Information Solicited that date be peer reviewed. Because the commercial information indicating that As required by section 4(b)(3)(B) of information used to evaluate this these petitioned actions may be the ESA and NMFS’ implementing petition may be considered ‘‘influential warranted. We will conduct a status regulations (50 CFR 424.14(b)(2)), we scientific information,’’ we solicit the review of these species to determine if are to commence a review of the status names of recognized experts in the field the petitioned actions are warranted. To of the species and make a determination that could take part in the peer review ensure that the status review is within 12 months of receiving the process for this status review (see comprehensive, we are soliciting petition as to whether the petitioned ADDRESSES). Independent peer scientific and commercial information action is warranted. We intend that any reviewers will be selected from the regarding these species (see below).

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DATES: Information and comments on shovelnose/large Amu-dar shovelnose the best available scientific and the subject action must be received by sturgeon/shovelfish) as threatened or commercial information. In such cases, October 26, 2012. endangered under the Endangered we shall conclude the review with a ADDRESSES: You may submit comments, Species Act (ESA). The petition states finding as to whether, in fact, the identified by the code NOAA–NMFS– that all 15 petitioned sturgeon species petitioned action is warranted within 12 2012–0142, addressed to: Dwayne are affected by similar threats: both legal months of receipt of the petition. Meadows, by any of the following and illegal exploitation for meat and/or Because the finding at the 12-month methods: caviar; habitat loss and degradation; stage is based on a more thorough • Electronic Submissions: Submit all dams or dam construction; water review of the available information, as electronic comments via the Federal pollution; and increased competition compared to the narrow scope of review eRulemaking Portal http:// due to habitat loss. Copies of this at the 90-day stage, a ‘‘may be www.regulations.gov. petition are available from us (see warranted’’ finding does not prejudge • Facsimile (fax): 301–713–4060. ADDRESSES, above) or at http:// the outcome of the status review. • Mail: NMFS, 1315 East-West www.nmfs.noaa.gov/pr/pdfs/petitions/ Under the ESA, a listing Highway, Room 13632, Silver Spring, sturgeon15_petition2012.pdf. determination may address a ‘‘species,’’ MD 20910. We acknowledged receipt of this which is defined to also include • Hand delivery: You may hand petition in a letter dated April 14, 2012, subspecies and, for any vertebrate deliver written comments to our office and informed the petitioners that we species, any distinct population during normal business hours at the would determine, pursuant to section 4 segment (DPS) that interbreeds when street address given above. of the ESA, whether the petition mature (16 U.S.C. 1532(16)). A joint Instructions: All comments received presents substantial scientific or NOAA–FWS policy clarifies the are a part of the public record and may commercial information indicating that agencies’ interpretation of the phrase be posted to http://www.regulations.gov the petitioned action may be warranted. ‘‘distinct population segment’’ for the without change. All personally As a result of subsequent discussions purposes of listing, delisting, and identifiable information (for example, between us and the U.S. Fish and reclassifying a species under the ESA name, address, etc.) voluntarily Wildlife Service (FWS), we have (‘‘DPS Policy’’; 61 FR 4722; February 7, submitted by the commenter may be determined that 10 of the 15 petitioned 1996). A species, subspecies, or DPS is publicly accessible. Do not submit sturgeon species are not marine or ‘‘endangered’’ if it is in danger of confidential business information or anadromous and thus not within our extinction throughout all or a significant otherwise sensitive or protected jurisdiction; therefore, those 10 species portion of its range, and ‘‘threatened’’ if information. We will accept anonymous are the responsibility of the FWS. it is likely to become endangered within comments. Attachments to electronic Accordingly, this 90-day finding the foreseeable future throughout all or comments will be accepted in Microsoft considers whether the petitioned a significant portion of its range (ESA Word, Excel, or Adobe PDF file formats actions may be warranted for only the sections 3(6) and 3(20), respectively; 16 only. five marine or anadromous sturgeon U.S.C. 1532(6) and (20)). Pursuant to the species included in the petition: ESA and our implementing regulations, FOR FURTHER INFORMATION CONTACT: Acipenser naccarii (Adriatic sturgeon) we determine whether species are Dwayne Meadows, NMFS, Office of and A. sturio (Atlantic sturgeon/Baltic threatened or endangered because of Protected Resources, (301) 427–8403. sturgeon/common sturgeon) in the any one or a combination of the SUPPLEMENTARY INFORMATION: Western Europe region, A. sinensis following five section 4(a)(1) factors: Background (Chinese sturgeon) in the Yangtze River The present or threatened destruction, region, and A. mikadoi (Sakhalin modification, or curtailment of habitat On March 12, 2012, we received a sturgeon) and Huso dauricus (Kaluga or range; overutilization for commercial, petition from the WildEarth Guardians sturgeon) in the Amur River Basin/Sea recreational, scientific, or educational and Friends of Animals to list 15 of Japan/Sea of Okhotsk region. purposes; disease or predation; species of sturgeon (Acipenser inadequacy of existing regulatory ESA Statutory and Regulatory naccarii—Adriatic sturgeon; A. sturio— mechanisms; and any other natural or Provisions and Evaluation Framework Baltic sturgeon/common sturgeon; A. manmade factors affecting the species’ gueldenstaedtii—Russian sturgeon; A. Section 4(b)(3)(A) of the ESA of 1973, existence (16 U.S.C. 1533(a)(1), 50 CFR nudiventris—ship sturgeon/bastard as amended (U.S.C. 1531 et seq.), 424.11(c)). sturgeon/fringebarbel sturgeon/spiny requires, to the maximum extent ESA-implementing regulations issued sturgeon/thorn sturgeon; A. persicus— practicable, that within 90 days of jointly by NMFS and FWS (50 CFR Persian sturgeon; A. stellatus—stellate receipt of a petition to list a species as 424.14(b)) define ‘‘substantial sturgeon/star sturgeon; A. baerii— threatened or endangered, the Secretary information’’ in the context of reviewing Siberian sturgeon; A. dabryanus— of Commerce make a finding on whether a petition to list, delist, or reclassify a Yangtze sturgeon/Dabry’s sturgeon/river that petition presents substantial species as the amount of information sturgeon; A. sinensis—Chinese sturgeon; scientific or commercial information that would lead a reasonable person to A. mikadoi—Sakhalin sturgeon; A. indicating that the petitioned action believe that the measure proposed in the schrenckii—Amur sturgeon; Huso may be warranted, and to promptly petition may be warranted. In evaluating dauricus—Kaluga sturgeon; publish such finding in the Federal whether substantial information is Pseudoscaphirhynchus fedtschenkoi— Register (16 U.S.C. 1533(b)(3)(A)). When contained in a petition, the Secretary Syr-darya shovelnose sturgeon/Syr we find that substantial scientific or must consider whether the petition: (1) darya sturgeon; P. hermanni—dwarf commercial information in a petition Clearly indicates the administrative sturgeon/Little Amu-darya shovelnose/ indicates that the petitioned action may measure recommended and gives both little shovelnose sturgeon/Small Amu- be warranted (a ‘‘positive 90-day the scientific and any common name of dar shovelnose sturgeon; P. finding’’), we are required to promptly the species involved; (2) contains kaufmanni—false shovelnose sturgeon/ commence a review of the status of the detailed narrative justification for the Amu darya shovelnose sturgeon/Amu species concerned, during which we recommended measure, describing, darya sturgeon/big Amu darya will conduct a comprehensive review of based on available information, past and

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present numbers and distribution of the available in our files, indicates that the www.natureserve.org/prodServices/ species involved and any threats faced petitioned entity constitutes a ‘‘species’’ statusAssessment.jsp). Thus, when a by the species; (3) provides information eligible for listing under the ESA. Next, petition cites such classifications, we regarding the status of the species over we evaluate whether the information will evaluate the source information all or a significant portion of its range; indicates that the species at issue faces that the classification is based upon in and (4) is accompanied by the extinction risk that is cause for concern; light of the standards on extinction risk appropriate supporting documentation this may be indicated in information and impacts or threats discussed above. in the form of bibliographic references, expressly discussing the species’ status Sturgeon Species Descriptions reprints of pertinent publications, and trends, or in information describing copies of reports or letters from impacts and threats to the species. We All five of the petitioned species for authorities, and maps (50 CFR evaluate any information on specific which we have jurisdiction are 424.14(b)(2)). demographic factors pertinent to migratory and spawn in freshwater Court decisions clarify the evaluating extinction risk for the species habitats while spending part of their life appropriate scope and limitations of the at issue (e.g., population abundance and cycle in marine or estuarine waters (i.e., Services’ review of petitions at the 90- trends, productivity, spatial structure, they are anadromous). They are benthic day finding stage, in making a age structure, sex ratio, diversity, oriented feeders, eating mostly determination whether a petitioned current and historical range, habitat invertebrates and small fishes. All five action ‘‘may be’’ warranted. As a general integrity or fragmentation), and the of the species are protected under the matter, these decisions hold that a potential contribution of identified Convention on International Trade in petition need not establish a ‘‘strong demographic risks to extinction risk for Endangered Species of Wild Fauna and likelihood’’ or a ‘‘high probability’’ that the species. We then evaluate the Flora (CITES). Acipenser sturio has been a species is either threatened or potential links between these protected under CITES Appendix I since endangered to support a positive 90-day demographic risks and the causative 1983, and the other four species were finding. impacts and threats identified in section protected under Appendix II of CITES We evaluate the petitioner’s request 4(a)(1). in 1998. The IUCN Red list lists all five based upon the information in the Information presented on impacts or species as critically endangered from petition including its references, as well threats should be specific to the species their most recent analysis in 2010. as the information readily available in and should reasonably suggest that one A. sturio and A. naccarii in the Western our files. We do not conduct additional or more of these factors may be Europe Region research, and we do not solicit operative threats that act or have acted information from parties outside the on the species to the point that it may Acipenser sturio is a large species that agency to help us in evaluating the warrant protection under the ESA. can grow to 5 m in length and weigh up petition. We will accept the petitioner’s Broad statements about generalized to 400 kg. Lifespan may reach 100 years. sources and characterizations of the threats to the species, or identification It occurred historically in the North and information presented, if they appear to of factors that could negatively impact Baltic seas, the English Channel, and be based on accepted scientific a species, do not constitute substantial most European coasts of the Atlantic principles, unless we have specific information that listing may be Ocean, the Mediterranean Sea and the information in our files that indicates warranted. We look for information Black Sea. The species is tolerant of a the petition’s information is incorrect, indicating that not only is the particular wide range of salinities, spending most unreliable, obsolete, or otherwise species exposed to a factor, but that the of its life in salt water (close to the irrelevant to the requested action. species may be responding in a negative coast) and migrating up to 1000 km to Information that is susceptible to more fashion; then we assess the potential spawn in freshwaters. There is only one than one interpretation or that is significance of that negative response. extant reproductive population that contradicted by other available Many petitions identify risk breeds in the Garonne River in France, information will not be dismissed at the classifications made by other where the last known natural spawning 90-day finding stage, so long as it is organizations or agencies, such as the occurred in 1994. It is now extirpated in reliable and a reasonable person would International Union on the Conservation Belgium, Denmark, Germany, Italy, the conclude it supports the petitioner’s of Nature (IUCN), the American Netherlands, Norway, Portugal, Spain, assertions. In other words, conclusive Fisheries Society, or NatureServe, as Tunisia and the United Kingdom. information indicating the species may evidence of extinction risk for a species. According to the petitioner and IUCN, meet the ESA’s requirements for listing Risk classifications by other its overall population is decreasing, is not required to make a positive 90- organizations or made under other with more than a 90 percent population day finding. We will not conclude that Federal or state statutes may be decline in the past 75 years based a lack of specific information alone informative, but the classification alone mainly on loss of habitat, along with negates a positive 90-day finding, if a may not provide the rationale for a pollution and exploitation. No natural reasonable person would conclude that positive 90-day finding under the ESA. reproduction has been recorded since the unknown information itself suggests For example, as explained by 1994, and the current wild, native an extinction risk of concern for the NatureServe, their assessments of a population consist of about 20–750 species at issue. species’ conservation status do ‘‘not adults. To make a 90-day finding on a constitute a recommendation by Acipenser naccarii is an anadromous petition to list a species, we evaluate NatureServe for listing under the U.S. species that spawns in freshwater after whether the petition presents Endangered Species Act’’ because an estuarine period of growth during substantial scientific or commercial NatureServe assessments ‘‘have which it remains near the shore (at the information indicating that the subject different criteria, evidence mouths of the rivers) at a depth of 10 to species may be either threatened or requirements, purposes and taxonomic 40 m. It does not enter pure marine endangered, as defined by the ESA. coverage than government lists of waters. Historically they were found in First, we evaluate whether the endangered and threatened species, and the southern part of Europe, mostly in information presented in the petition, therefore these two types of lists should the Adriatic Sea area. They grow to 150 along with the information readily not be expected to coincide.’’ (http:// to 200 cm in length. The IUCN analysis

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estimates that this species has declined Tumnin, Viakhtu, and Tym rivers) and provided in the petition and readily more than 80 percent in the past three the Ishikari and Teshio rivers of Japan. available in our files for each species. generations, or 60 years, and it may be It also inhabited the mouths of small A. sturio and A. naccarii in the extinct in the wild. The only remaining rivers of the Asian Far East and Korean Western Europe Region spawning sites may be at the confluence Peninsula, as well as the Amur River, of the Po River and its tributaries in and rivers of the Sakhalin Island. Now, The IUCN first rated A. sturio as Italy, an area of occupancy reduced to it spawns persistently only in the ‘‘critically endangered’’ in 1996 and less than 10 km2. According to the Tumnin River. The IUCN analysis reconfirmed that ranking in 2010 by IUCN, there may be fewer than 250 wild documents that the species has been documenting a greater than 90% decline individuals remaining. declining over the past century. Over in the past 75 years. The petitioners argue that A. sturio is highly vulnerable A. sinensis in the Yangtze River Region the past 45 years there has been an estimated 80 percent decline in wild, to exploitation because of its life history Acipenser sinensis is divided into mature individuals. Current population and the age it must reach before it can separate populations based on the river estimates range from 10–30 adults reproduce. The species is prized for its of occurrence: the Pearl River Chinese entering the Tumnin River for spawning flesh and its caviar and was an sturgeon and the Yangtze River Chinese annually. important commercial species until the sturgeon. This species was historically beginning of the 20th century. The Huso dauricus is a very large species, recorded in southwestern Korea and in petitioners and IUCN also argue that reaching 5.6 m in length and 1000 kg in western Kyushu, Japan and in the bycatch is the major current threat. The weight. Maximum age is reported to be Yellow, Yangtze, Pear, Mingjiang, and species was added to CITES Appendix 80 years. This species historically Qingtang rivers in China, but has been II in 1975 and transferred to Appendix inhabited the entire Amur River from its extirpated from all of these areas except I in 1983. According to the petitioners, estuary to its uppermost sections and its for the two rivers noted above. It reaches the development of river systems, tributaries, including the Shilka, Onon, over 3 m in length and weighs up to 600 particularly for hydroelectric dams, has kg. According to the IUCN, the Pearl Argun, Nerch, Sungari, Nonni, Ussuri, also negatively impacted the population River Chinese sturgeon spawns in and Neijian rivers. It is a semi- because adults are unable to return to spring and the Yangtze River Chinese anadromous species that inhabits all their natal rivers to breed. It remains in sturgeon spawns in the fall and is only types of benthic habitats in the large just one location, where 27 spawning present below the Gezhouba Dam. rivers and lakes of the Amur River grounds (of less than 10 km2 total area) Adults can be found in some fishing basin. It is semi-anadromous because remain potentially accessible. The grounds of the East China Sea and some populations do not migrate to the extraction of gravel in the Garonne River Yellow Sea (IUCN, 2010). The IUCN sea as adults. According to the is a potential threat to the spawning assessment documented an estimated petitioners, multiple populations have habitat there. Dam construction, 97.5 percent decline in the spawning been documented. Spawning peaks from pollution and river regulation may have population over a 37-year period. the end of May to July and young enter also led to loss and degradation of Recent surveys between 2005 and 2007 the Sea of Okhotsk during the summer. spawning sites. The petition also cites show the total spawning population to Generation length is 20 or more years the 16th Meeting of the CITES Animals be 203–257 individuals (IUCN, 2010). and it has spawning intervals of 4 to 5 Committee in December 2000, quoting a years for females and 3 to 4 years for press release (Cemagref, in litt., 26 A. mikadoi and Huso dauricus in the males (IUCN, 2010). This species has January 2000) that reported an escape of Amur River Basin/Sea of Japan/Sea of been in sharp decline in both stock and several thousand juvenile and several Okhotsk Region recruitment since the 19th century, with hundred gravid females of A. baerii into Acipenser mikadoi is historically the IUCN analysis estimating a decline the Gironde River (Bordeaux region) native to the northwest Pacific Ocean in of 80 percent. during two storms. While the survival of Japan and Russia, with an uncertain Analysis of the Petition these escaped fish and their effect on presence in China, South Korea, and the wild population of A. sturio are not North Korea. The species had been We have determined, based on the known, the introduction of new considered conspecific with North information provided in the petition pathological germs, food competition, American green sturgeon (A. and readily available in our files, that and hybridization with A. sturio needs medirostris) until chromosome and the petition presents substantial to be considered. The IUCN assessment morphometric differences were found; scientific or commercial information estimates the current adult population we accepted the status of A. mikadoi as indicating that the petitioned actions may be as low as 20 to 750 individuals. a separate valid species in our 2002 may be warranted for the five species The IUCN first assessed A. naccarii as status review of green sturgeon. under our jurisdiction. The petition ‘‘vulnerable’’ in 1996 and elevated its Maximum length is about 1.5 m and the contains a detailed narrative ranking to ‘‘critically endangered’’ in species reaches maturity between 8 to justification for the recommended 2009, reporting that exploitation for 10 years of age. It spawns in June measure, species taxonomic description, food, either legal or illegal, is a major through July in the Tumnin River and geographic distribution, preferred threat to the continued survival of the in April and May in the rivers of habitat characteristics, population status species, especially exploitation of pre- Hokkaido, Japan. It is found at sea and trends, threats contributing to the reproductive fish. The species is fished throughout the Sea of Okhotsk, in the species’ decline, and is accompanied by for its meat and the roe is not currently Sea of Japan as far east as the eastern appropriate supporting documentation. consumed as caviar. Dams, particularly shore of Hokkaido, along the Asian We agree that each of the five petitioned hydropower dams on the Po River, coast as far south as Wonsan, North species is a valid taxonomic species. We water pollution, and competition for Korea, and to the Bering Strait on the have no specific information in our files habitat with an introduced catfish coast of the Kamchatka Peninsula. that indicates the petition’s status (Silurus glanis) also contribute to this According to the IUCN, the species information is incorrect, unreliable, or species’ decline. According to the IUCN, historically ascended Russian coastal obsolete. Below is a synopsis of our ‘‘without continuous re-stocking the rivers (the Suchan, Adzemi, Koppi, analysis of the status information survival of this species is doubtful as

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continued successful reproduction in Information Solicited ACTION: Notice of SEDAR 28 Gulf of the wild can no longer be confirmed’’. To ensure that the status review is Mexico and South Atlantic Spanish Also, A. baerii was introduced in based on the best available scientific mackerel and cobia assessment webinar. captive breeding facilities and and commercial data, we are soliciting hybridized with A. naccarii in Italy in SUMMARY: The SEDAR 28 assessment of information on whether these five the Gulf of Mexico and South Atlantic the 1990s. Subsequently, A. baerii has sturgeon species are endangered or also been found in the wild occasionally Spanish mackerel and cobia fisheries threatened. Specifically, we are will consist of a series of workshops and in Italy, with fish sporadically escaping soliciting information in the following from rearing plants or angling ponds, or supplemental webinars. This notice is areas throughout the range of these for a webinar associated with the being released when they become too species: (1) Historical and current large for private aquaria. These events Assessment portion of the SEDAR distribution and abundance; (2) process. may also have contributed to A. historical and current population naccarii’s decline. trends; (3) biological information (life DATES: The SEDAR 28 Assessment Workshop Webinar #8 will be held on A. sinensis in the Yangtze River Region history, genetics, population connectivity, DPS structure, etc.); (4) September 12, 2012, 1 p.m. until 5 p.m. The IUCN first assessed A. sinensis as landings and trade data; (5) EDT. The established time may be ‘‘endangered’’ in 1996 and elevated its management, regulatory, and adjusted as necessary to accommodate ranking to ‘‘critically endangered’’ in enforcement information; (6) any the timely completion of discussion 2010, owing to declines in the species current or planned activities that may relevant to the assessment process. Such from overharvest, habitat destruction, adversely impact the species; and (7) adjustments may result in the meeting and potentially from water pollution. ongoing or planned efforts to protect being extended from, or completed prior Construction of the Gezhouba dam in and restore the species and their to, the times established by this notice. 1981 blocked the migration routes of habitats. We request that all information ADDRESSES: The webinar will be held this species to all but one of its be accompanied by: (1) Supporting via a GoToMeeting Webinar Conference. spawning grounds in the Yangtze River. documentation such as maps, The webinar is open to members of the The species has been extirpated in most bibliographic references, or reprints of public. Those interested in participating of the rest of its range. pertinent publications; and (2) the should contact Ryan Rindone at SEDAR A. mikadoi and Huso dauricus in the submitter’s name, address, and any (see FOR FURTHER INFORMATION CONTACT Amur River Basin/Sea of Japan/Sea of association, institution, or business that below) to request an invitation Okhotsk Region the person represents. providing webinar access information. Please request meeting information at The IUCN first assessed A. mikadoi as References Cited least 24 hours in advance. ‘‘endangered’’ in 1996 and elevated its A complete list of references is FOR FURTHER INFORMATION CONTACT: ranking to ‘‘critically endangered’’ in available upon request from NMFS 2010, owing to overharvest, poaching, Ryan Rindone, SEDAR Coordinator, Protected Resources Headquarters Office 2203 N Lois Ave, Suite 1100, Tampa FL habitat degradation and pollution. Only (see ADDRESSES). one spawning site remains. 33607; telephone: (813) 348–1630; The IUCN first assessed H. dauricus Authority email: [email protected]. SUPPLEMENTARY INFORMATION: as ‘‘rare’’ in 1986, elevated its ranking The authority for this action is the The Gulf to ‘‘endangered’’ in 1996, and elevated Endangered Species Act of 1973, as of Mexico Fishery Management Council, it again to ‘‘critically endangered’’ in amended (16 U.S.C. 1531 et seq.). in conjunction with NOAA Fisheries, 2010, owing to overharvest, poaching, has implemented the Southeast Data, and recent pollution. The species is Dated: August 21, 2012. Assessment and Review (SEDAR) poached for caviar roe. One study Alan D. Risenhoover, process, a multi-step method for documented parasite effects on Director, Office of Sustainable Fisheries, determining the status of fish stocks in fecundity (CITES, 2000). According to performing the functions and duties of the the Southeast Region. SEDAR is a three- Deputy Assistant Administrator for the IUCN assessment, at the end of the step process including: (1) Data Regulatory Programs, National Marine Workshop; (2) Assessment Process 19th century annual commercial catch Fisheries Service. involving a workshop and webinars; was 500 tonnes. The species was added [FR Doc. 2012–21061 Filed 8–24–12; 8:45 am] to CITES Appendix II in 1998. and (3) Review Workshop. The product BILLING CODE 3510–22–P of the Data Workshop is a data report Petition Finding which compiles and evaluates potential After reviewing the information DEPARTMENT OF COMMERCE datasets and recommends which contained in the petition, as well as datasets are appropriate for assessment information readily available in our National Oceanic and Atmospheric analyses. The product of the Assessment files, we conclude the petition presents Administration Process is a stock assessment report substantial scientific information which describes the fisheries, evaluates indicating the petitioned actions of RIN 0648–XC194 the status of the stock, estimates listing five species of sturgeon, or DPSs Fisheries of the Gulf of Mexico and biological benchmarks, projects future of these species, under our jurisdiction South Atlantic; Southeast Data, population conditions, and recommends as threatened or endangered may be Assessment, and Review (SEDAR); research and monitoring needs. The warranted. Therefore, in accordance Assessment Process Webinar for Gulf assessment is independently peer with section 4(b)(3)(B) of the ESA and of Mexico and South Atlantic Spanish reviewed at the Review Workshop. The NMFS’ implementing regulations (50 Mackerel and Cobia product of the Review Workshop is a CFR 424.14(b)(2)), we will commence a summary documenting panel opinions review of the status of these species and AGENCY: National Marine Fisheries regarding the strengths and weaknesses make determinations within 12 months Service (NMFS), National Oceanic and of the stock assessment and input data. of receiving the petition as to whether Atmospheric Administration (NOAA), Participants for SEDAR Workshops are the petitioned actions are warranted. Commerce. appointed by the Gulf of Mexico Fishery

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Management Council, NOAA Fisheries and its advisory entities will hold F. Pacific Halibut Management Southeast Regional Office, and the public meetings. 1. Pacific Halibut Management South of NOAA Southeast Fisheries Science DATES: The Pacific Council and its Humbug Mountain Center. Participants include: data advisory entities will meet September 2. 2013 Pacific Halibut Regulations collectors and database managers; stock 13–18, 2012. The Pacific Council 3. Pacific Halibut Bycatch Estimate for assessment scientists, biologists, and meeting will begin on Friday, Use in 2013 Groundfish Fisheries researchers; constituency September 14, 2012 at 10 a.m., G. Administrative Matters representatives including fishermen, reconvening each day through Tuesday, environmentalists, and representatives September 18, 2012. All meetings are 1. Legislative Matters of non-governmental organizations open to the public, except a closed 2. Research Planning (NGOs); international experts; and staff session will be held at the end of 3. Approval of Council Meeting Minutes of councils, commissions, and state and business on Friday, September 14 to 4. Fiscal Matters 5. Membership Appointments and federal agencies. address litigation and personnel Council Operating Procedures matters. The Pacific Council will meet SEDAR 28 Assessment Workshop 6. Future Council Meeting Agenda and as late as necessary each day to Webinar Workload Planning complete its scheduled business. Panelists will continue deliberations H. Groundfish Management and discussions regarding modeling ADDRESSES: Meetings of the Pacific methodologies for the Gulf of Mexico Council and its advisory entities will be 1. National Marine Fisheries Service and South Atlantic Spanish mackerel held at the Riverside Hotel, 2900 Report and cobia fisheries. Chinden Boulevard, Boise, ID 83714; 2. Trawl Rationalization Trailing Although non-emergency issues not telephone: (208) 343–1871. Actions for Cost Recovery and Process contained in this agenda may come Council address: Pacific Fishery Issues before this group for discussion, those Management Council, 7700 NE 3. Stocks Assessment Planning issues may not be the subject of formal Ambassador Place, Suite 101, Portland, 4. Update on Biological Opinion for the action during this meeting. Action will OR 97220. Groundfish Fishery, Including Consideration of Seabird Protection be restricted to those issues specifically FOR FURTHER INFORMATION CONTACT: Dr. listed in this notice and any issues Regulations Donald O. McIsaac, Executive Director; 5. Consideration of Inseason arising after publication of this notice telephone: (503) 820–2280 or (866) 806– Adjustments that require emergency action under 7204 toll free; or access the Pacific 6. Phase I Report for Essential Fish section 305(c) of the Magnuson-Stevens Council Web site, http:// Habitat Review Fishery Conservation and Management www.pcouncil.org for the current 7. Reconsideration of Initial Catch Share Act, provided the public has been meeting location, proposed agenda, and Allocations in the Mothership and notified of the Council’s intent to take meeting briefing materials. Shoreside Pacific Whiting Fisheries final action to address the emergency. SUPPLEMENTARY INFORMATION: The I. Open Comment Period Special Accommodations following items are on the Pacific Comments on Non-Agenda Items This meeting is accessible to people Council agenda, but not necessarily in this order: with disabilities. Requests for auxiliary SCHEDULE OF ANCILLARY MEETINGS aids should be directed to the Council A. Call to Order office (see FOR FURTHER INFORMATION 1. Opening Remarks Day 1—Thursday, September CONTACT) at least ten (10) business days 13, 2012: prior to the meeting. 2. Roll Call Habitat Committee ...... 8 a.m. 3. Executive Director’s Report Dated: August 22, 2012. Salmon Advisory 8 a.m. 4. Agenda Subpanel. William D. Chappell, Salmon Technical Team 8 a.m. Acting Deputy Director, Office of Sustainable B. Enforcement Issues Scientific and Statistical 8 a.m. Fisheries, National Marine Fisheries Service. Current Enforcement Issues Committee. [FR Doc. 2012–21089 Filed 8–24–12; 8:45 am] Legislative Committee .... 2 p.m. BILLING CODE 3510–22–P C. Highly Migratory Species Budget Committee ...... 3:30 p.m. Management Enforcement Consultants 6 p.m. Day 2—Friday, September DEPARTMENT OF COMMERCE National Marine Fisheries Service 14, 2012: Report California State Delega- 7 a.m. tion. National Oceanic and Atmospheric D. Habitat Administration Oregon State Delegation 7 a.m. Current Habitat Issues Washington State Dele- 7 a.m. gation. RIN 0648–XC190 E. Salmon Management Groundfish Management 8 a.m. Pacific Fishery Management Council; Team. 1. California Hatchery Review Report Salmon Advisory 8 a.m. Public Meetings 2. 2012 Salmon Methodology Review Subpanel. AGENCY: National Marine Fisheries 3. Salmon Fishery Management Plan Salmon Technical Team 8 a.m. Service (NMFS), National Oceanic and (FMP) Amendment 17—Annual Scientific and Statistical 8 a.m. Committee. Atmospheric Administration (NOAA), Regulatory Cycle and Minor Updates 4. FMP Amendment 18—Update of Groundfish Advisory 3 a.m. Commerce. Subpanel. ACTION: Notice of public meetings. Essential Fish Habitat for Salmon Enforcement Consultants As Needed. 5. Lower Columbia Endangered Species Chair’s Reception ...... 6 p.m. SUMMARY: The Pacific Fishery Act Salmon and Steelhead Recovery Day 3—Saturday, September Management Council (Pacific Council) Plan 15, 2012:

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SCHEDULE OF ANCILLARY MEETINGS— interpretation or other auxiliary aids incidental.htm without change. All Continued should be directed to Carolyn Porter at Personal Identifying Information (for (503) 820–2280 at least 5 days prior to example, name, address, etc.) California State Delega- 7 a.m. the meeting date. voluntarily submitted by the commenter tion. Dated: August 22, 2012. may be publicly accessible. Do not Oregon State Delegation 7 a.m. submit Confidential Business Washington State Dele- 7 a.m. William D. Chappell, Information or otherwise sensitive or gation. Acting Director, Office of Sustainable Essential Fish Habitat 8 a.m. Fisheries, National Marine Fisheries Service. protected information. Review Committee. A copy of the application containing [FR Doc. 2012–21073 Filed 8–24–12; 8:45 am] Groundfish Advisory 8 a.m. a list of the references used in this Subpanel. BILLING CODE 3510–22–P document may be obtained by writing to Groundfish Management 8 a.m. the address specified above, telephoning Team. the contact listed below (see FOR Scientific and Statistical 8 a.m. DEPARTMENT OF COMMERCE FURTHER INFORMATION CONTACT), or Committee Economics and Groundfish Sub- National Oceanic and Atmospheric visiting the Internet at: http:// committees. Administration www.nmfs.noaa.gov/pr/permits/ Enforcement Consultants As Needed. incidental.htm. Documents cited in this Day 4—Sunday, September RIN 0648–XC139 notice may also be viewed, by 16, 2012: appointment, during regular business Takes of Marine Mammals Incidental to California State Delega- 7 a.m. hours, at the aforementioned address. tion. Specified Activities; Taking Marine FOR FURTHER INFORMATION CONTACT: Oregon State Delegation 7 a.m. Mammals Incidental to Bird Mitigation Washington State Dele- 7 a.m. Research in the Farallon National Michelle Magliocca, Office of Protected gation. Wildlife Refuge Resources, NMFS, (301) 427–8401. Essential Fish Habitat 8 a.m. SUPPLEMENTARY INFORMATION: Review Committee. AGENCY: National Marine Fisheries Groundfish Advisory 8 a.m. Service (NMFS), National Oceanic and Background Subpanel. Atmospheric Administration (NOAA), Sections 101(a)(5)(A) and (D) of the Groundfish Management 8 a.m. Commerce. MMPA (16 U.S.C. 1361 et seq.) direct Team. Enforcement Consultants As Needed. ACTION: Notice; proposed incidental the Secretary of Commerce to allow, Day 5—Monday, September harassment authorization; request for upon request, the incidental, but not 17, 2012: comments. intentional, taking of small numbers of California State Delega- 7 a.m. marine mammals by U.S. citizens who tion. SUMMARY: NMFS has received an engage in a specified activity (other than Oregon State Delegation 7 a.m. application from the U.S. Fish and commercial fishing) within a specified Washington State Dele- 7 a.m. Wildlife Service (USFWS) for an geographical region if certain findings gation. Incidental Harassment Authorization are made and either regulations are Groundfish Advisory 8 a.m. (IHA) to take marine mammals, by Subpanel. issued or, if the taking is limited to harassment, incidental to a bird harassment, a notice of a proposed Groundfish Management 8 a.m. mitigation research trial in the Farallon Team. authorization is provided to the public Enforcement Consultants As Needed. National Wildlife Refuge. Pursuant to for review. Day 6—Tuesday, September the Marine Mammal Protection Act Authorization for incidental takings 18, 2012: (MMPA), NMFS is requesting comments shall be granted if NMFS finds that the California State Delega- 7 a.m. on its proposal to issue an IHA to the taking will have a negligible impact on tion. USFWS to take, by Level B harassment the species or stock(s), will not have an Oregon State Delegation 7 a.m. only, five species of marine mammals unmitigable adverse impact on the Washington State Dele- 7 a.m. during the specified activity. gation. availability of the species or stock(s) for Enforcement Consultants As Needed. DATES: Comments and information must subsistence uses (where relevant), and if be received no later than September 26, the permissible methods of taking and Although non-emergency issues not 2012. requirements pertaining to the contained in this agenda may come ADDRESSES: Comments on the mitigation, monitoring, and reporting of before this Council for discussion, those application should be addressed to such takings are set forth. NMFS has issues may not be the subject of formal Michael Payne, Chief, Permits and defined ‘‘negligible impact’’ in 50 CFR Council action during this meeting. Conservation Division, Office of 216.103 as ‘‘* * * an impact resulting Council action will be restricted to those Protected Resources, National Marine from the specified activity that cannot issues specifically listed in this notice Fisheries Service, 1315 East-West be reasonably expected to, and is not and any issues arising after publication Highway, Silver Spring, MD 20910– reasonably likely to, adversely affect the of this notice that require emergency 3225. The mailbox address for providing species or stock through effects on action under Section 305(c) of the email comments is annual rates of recruitment or survival.’’ Magnuson-Stevens Fishery [email protected]. NMFS is not Section 101(a)(5)(D) of the MMPA Conservation and Management Act, responsible for email comments sent to established an expedited process by provided the public has been notified of addresses other than the one provided which citizens of the U.S. can apply for the Council’s intent to take final action here. Comments sent via email, an authorization to incidentally take to address the emergency. including all attachments, must not small numbers of marine mammals by exceed a 10-megabyte file size. harassment. Section 101(a)(5)(D) Special Accommodations Instructions: All comments received establishes a 45-day time limit for These meetings are physically are a part of the public record and will NMFS review of an application accessible to people with disabilities. generally be posted to http:// followed by a 30-day public notice and Requests for sign language www.nmfs.noaa.gov/pr/permits/ comment period on any proposed

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authorizations for the incidental and endemic species, and prevent the expected to have a very low impact on harassment of marine mammals. Within spread of disease to marine mammals. pinnipeds because they would not be 45 days of the close of the comment Although the proposed project would directed at haul-outs. However, period, NMFS must either issue or deny take place when most seabirds are researchers may need to approach a the authorization. absent, some bird species may be at risk haul-out in order to access certain Except with respect to certain of ingesting the toxic bait. Therefore, the locations. The presence of researchers activities not pertinent here, the MMPA USFWS is proposing a number of could result in temporary behavioral defines ‘‘harassment’’ as: Any act of mitigation efforts that include a bird harassment. pursuit, torment, or annoyance which (i) hazing program. has the potential to injure a marine Hazing methods may incidentally Spotlight mammal or marine mammal stock in the result in the harassment of pinnipeds One or 10-million candlepower wild [Level A harassment]; or (ii) has that haul out on the island. The spotlights could be used during pre- the potential to disturb a marine following gull hazing techniques are dawn hours to haze gulls already settled mammal or marine mammal stock in the likely to be used during the proposed on the island. Once gulls no longer wild by causing disruption of behavioral research trial: Lasers, spotlights, spend the night on the island and patterns, including, but not limited to, pyrotechnics, biosonics, predator calls, presence is restricted to marine ledges, migration, breathing, nursing, breeding, air cannons, Mylar tape, small the spotlight may also be tested to haze feeding, or sheltering [Level B helicopter, human presence, kites, gulls intermittently settling on ledges. harassment]. radio-controlled aircraft, and trained Two short nighttime sweeps by gull dogs. While all of these techniques may roosting areas may be attempted in Summary of Request not be available, funded, or used in the order to haze any gulls that might have NMFS received an application on trial, they are all being considered to settled back on the island during the April 17, 2012, from the USFWS for the reduce non-target bird mortality. Up to course of the night. Like the lasers, the taking, by harassment, of marine five biologists would be present on the spotlight is expected to have a very low mammals incidental to a bird mitigation islands to implement the research trial impact on pinnipeds because it will not research trial in the Farallon National and monitor any pinniped disturbance. typically be directed at haul-outs. Wildlife Refuge. Upon receipt of Since the trial is intended to allow However, if birds roost near a haul-out, additional information and a revised researchers to test an array of gull the spotlight may need to be used application, NMFS determined the hazing techniques, the USFWS cannot around the vicinity of pinnipeds and the application adequate and complete on specify the exact protocol that would be visual stimulus could result in July 27, 2012. The USFWS plans to implemented. However, part of the temporary behavioral harassment. The conduct a research trial to assess USFWS’ goal during this trial is to spotlight beam, while bright, is not so potential bird hazing methods that determine which hazing methods are focused that it would cause retinal could be used to minimize the risk of most effective at (1) deterring birds from injury. rodent bait ingestion by non-target roosting on the island and (2) Biosonics species, if such an alternative action is minimizing the impacts to pinnipeds. chosen, during a proposed house mouse Therefore, researchers would carefully Up to three Bird-Guard broadcasting eradication. NMFS is proposing to issue monitor pinnipeds haul-outs during units (bird distress calls) could be used an IHA to the USFWS because hazing hazing and adjust the research trial to to deter gulls from settling on the island, methods used during the research trial reduce disturbance. The possible gull as well as encourage them to flee if they may result in Level B harassment of the hazing techniques are described in are already present. Speakers may be Northern elephant seal (Mirounga detail below. placed in accessible locations. angustirostris), harbor seal (Phoca Additionally, up to three Bird Gard® vitulina richardii), Steller sea lion Lasers SUPER PRO systems could be used to (Eumetopias jubatus), California sea Two different handheld lasers could cover problem gull areas on each island. lion (Zalophus californianus), and be used during the research trial: Red or A number of electronic chips with both Northern fur seal (Callorhinus ursinus). green Avian Dissuader(R) (50mW) and gull distress and predator calls could be handheld green laser pointer (5mW). used. The bird calls are naturally Description of the Specified Activity These lasers would likely be used occurring sounds and are not expected The purpose of the proposed project during pre-dawn hours to haze gulls to cause harassment of pinnipeds. The is to assess potential bird hazing already settled on the island. Use of the placement of the speakers is also not methods that could be used to minimize laser involves shining the beam briefly expected to cause harassment of the risk of rodent bait ingestion by non- in a sweeping motion at the gull roost, pinnipeds because haul-out sites would target species during a house mouse which instigates a flight response in be avoided. Temporary harassment of eradication for the South Farallon most birds. The lasers would not be pinnipeds would only occur if the only Islands of the Farallon National Wildlife directed at pinnipeds’ eyes and place to locate a speaker system is near Refuge. House mice were introduced to pinnipeds are not known to react to this a haul-out site. The sound source levels the South Farallon Islands during the type of equipment. Once gulls are no would depend on how many speakers 19th century and have resulted in longer spending the night on the island, are used, how loud the amplifier is set considerable ecosystem degradation. the lasers would be used to haze gulls to, the types of calls used, etc. Sound House mice seem to be indirectly attempting to land on the island just levels may be measured on site at the impacting the breeding success of prior to sunrise. Lasers would also be beginning of the research trial. The burrow-nesting seabirds, such as the used in the evenings to enhance the use presence of researchers is more likely to ashy storm-petrel, and have also been of pyrotechnics and reach areas that are disturb pinnipeds than the sound levels identified as vectors of diseases that not readily accessible or could not be being emitted from the speakers. result in mass mortalities of marine hazed with pyrotechnics due to mammals. Removal of the invasive pinniped presence. Two short nighttime Pyrotechnics house mice would protect seabirds, laser sweeps of 30–60 minutes could be Pyrotechnics could be used to deter assist in the recovery of native plants attempted on each island. The lasers are gulls during daylight hours. They would

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be shot from a launch, such as a hand- of decreasing altitude in order to November 1, 2012 and January 31, 2013. held pistol, and could include bird habituate the marine mammals to the The exact timing would be dependent bombs, CAPA charges, screamers, and sound. This approach has been used on seasonal variations in weather, screamer-bangers. Sounds are rated at successfully during rodent removal effectiveness, gull abundance and 100–130 decibels (dB), depending on operations on Anacapa Island in 2001– distribution, access to the island, the specific product. The bird bombs are 2002 and on Rat Island in 2009. equipment funding, staff, and required expected to explode with a 100-dB permits. During the 2–4 week period, report down range from the launch Human Movement gull roosts would be visited at least location. CAPA charges would travel Up to five researchers may access twice a day by researchers for hazing or about 305 m before a 150-dB report. areas on West End Island in order to monitoring. Most visits would last about Screamers are expected to issue a 100- investigate possible gull roosting areas, 15 minutes, although human presence dB siren-like sound in mid-air. haze gulls, and monitor pinniped may last for 2–5 hours per day if Screamer-bangers are expected to responses to hazing activities. necessary. Most hazing would take explode with a 120-dB report. Use of Researchers would approach haul-outs place a few hours before and after these products adjacent to pinniped slowly and cautiously in order to avoid sunrise and sunset. Sporadic gull hazing haul-outs could cause behavioral unnecessary disturbance to pinnipeds. may also occur as needed throughout harassment. Placement of these units the day and night. Kites and Radio-Controlled Aircraft would be so as to avoid exceeding the Region of Proposed Activity hearing threshold for pinnipeds. The The use of 5–10 predator kites (such USFWS would first use pyrotechnics as as Eagle or Helikites) or radio-controlled The proposed project would take far away as possible from haul-out sites aircraft may be used to haze gulls. Most place in the Farallon National Wildlife and gradually get closer if necessary, kites would be used to haze gulls at a Refuge, a group of islands about 30 while monitoring behavioral reactions short distance. This technique would be miles offshore of San Francisco, of pinnipeds. Pyrotechnics would not be used sparingly around harbor seals, as California. The refuge was established used directly over a major haul-out site. they may be more easily spooked than in 1909 specifically to protect sea birds other pinniped species. If a kite or and pinnipeds and it currently sustains Zon Gun radio-controlled aircraft falls into a the largest sea bird breeding colony A zon gun air cannon may be used to haul-out area, then it would either be: south of Alaska, including 30 percent of deter birds that repeatedly attempt to (1) Left in place if it could not be California’s nesting sea birds. Five settle on the island. This technique retrieved safely or without causing pinniped species also breed or haul out involves a propane canister that charges major pinniped disturbance (stampede on the Farallon Islands. The proposed a cylinder to produce a loud sound of large number of animals); or (2) project would be conducted in the periodically. If pyrotechnics prove to be retrieved using a slow methodical South Farallon Islands, which are effective and do not appear to affect approach to avoid major disturbances to composed of Southeast Farallon Island, marine mammals, this technique may pinnipeds. Retrieval may also occur at West End Island, Aulon Islets, and also be used. Detonation volume is a later time when pinnipeds are either Saddle Rock. Most of the gull hazing is adjustable between 100 and 125 dB. absent or in fewer numbers. expected to occur within Southeast Placement of this unit would be as to Farallon Island; however, hazing may be avoid exceeding the hearing threshold Mylar Tape implemented around other areas of the of pinnipeds. The USFWS would use Bamboo poles measuring about two island if gulls attempt to roost. The the lowest setting if haul-outs are close, meters in length with one-meter lengths majority of the island’s perimeter is but may experiment with increasing the of Mylar tied to them could be placed considered a potential haul-out for volume at farther distances. The louder in areas commonly used by gulls in pinnipeds. Species-specific haul-out the zon gun volume, the larger the area order to deter them from settling. While and pupping sites are provided in the that the USFWS would be able to cover not expected, the visual stimulus of the Description of Marine Mammals section for bird hazing. Behavioral response of Mylar tape may result in temporary of this notice. pinnipeds would be monitored and the behavioral harassment of pinnipeds or Sound Propagation zon gun volume would be adjusted at the placement of the poles by the first sign of large scale disturbance. researchers could cause temporary For background, sound is a disturbance to pinnipeds in the area. mechanical disturbance consisting of Helicopter minute vibrations that travel through a A helicopter may be used during the Trained Dogs medium, such as air or water, and is research trial to haze gulls in remote Well-trained herding working dogs generally characterized by several portions of the islands and for (e.g., border collies) may be used to haze variables. Frequency describes the operational purposes. More specifically, birds in certain areas. These dogs are sound’s pitch and is measured in hertz a helicopter may be used for the trained to not harass pinnipeds and (Hz) or kilohertz (kHz), while sound following: Monitoring the islands to would have the necessary level describes the sound’s loudness determine the location and numbers of immunizations and certificates to and is measured in decibels (dB). Sound gulls and pinnipeds in remote areas that ensure that no diseases are level increases or decreases cannot be seen from Southeast Farallon transmittable. Dogs would be kept at exponentially with each dB of change. Island observation points; moving and least 30 meters away from pinnipeds. For example, 10 dB yields a sound level deploying personnel and equipment to However, the dogs’ presence and 10 times more intense than 1 dB, while and from areas inaccessible by foot; and barking may result in temporary a 20 dB level equates to 100 times more conducting radio-telemetry flights to behavioral harassment of pinnipeds. intense, and a 30 dB level is 1,000 times examine movement patterns of gulls and more intense. Sound levels are the efficacy of hazing. To avoid or Dates and Duration of Proposed compared to a reference sound pressure minimize pinniped disturbance, Activity (micro-Pascal) to identify the medium. helicopter flights in areas near haul-outs The proposed project would take For air and water, these reference would use a slow sequential approach place over a 2–4 week period between pressures are ‘‘re: 20 mPa’’ and ‘‘re: 1

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mPa,’’ respectively. Root mean square there are 13 major breeding colonies. Western North Atlantic. Any harbor (rms) is the quadratic mean sound Elephant seals congregate in central seals in around the Farallon Islands pressure over the duration of an California to breed from late December would be part of the California stock. In impulse. Rms is calculated by squaring to March. Females typically give birth to California, approximately 400–600 all of the sound amplitudes, averaging a single pup and attend the pup for up harbor seal haul-out sites are widely the squares, and then taking the square to 6 weeks. Once the pups are weaned, distributed along the mainland and on root of the average (Urick, 1975). Rms mating occurs by attending males. After offshore islands, including intertidal accounts for both positive and negative breeding, seals migrate to the Gulf of sandbars, rocky shores, and beaches values; squaring the pressures makes all Alaska or deeper waters in the eastern (Hanan 1996; Lowry et al., 2005). On values positive so that they may be Pacific. Adult females and juveniles South Farallon Island, harbor seal haul- accounted for in the summation of return to terrestrial colonies to molt in outs and sites of limited pupping are pressure levels (Hastings and Popper, April and May, and males return in June found near the center and southeast 2005). This measurement is often used and July to molt, remaining onshore for portions. in the context of discussing behavioral around 3 weeks. On South Farallon effects, in part because behavioral Island, northern elephant seal haul outs A complete count of all harbor seals effects, which often result from auditory are located in areas known as Sea Lion in California is impossible because some cues, may be better expressed through Cove, North Landing, and Garbage are always away from the haul-out sites. averaged units rather than by peak Gulch—all within or adjacent to The most recent counts estimate the pressures. southeast Farallon area. Pupping takes California population to number 30,196 The use of biosonics, pyrotechnics, place in areas known as Shell Beach, individuals. Counts of harbor seals in and zon guns may result in elevated Indian Head, and Mirounga Beach, on California increased from 1981 to 2004 sound levels that exceed NMFS’ the western and southern parts of the with the highest statewide count threshold for in-air harassment. Current island. occurring in 2004. In central California, NMFS practice regarding in-air The Northern elephant seal was harbor seals breed annually from March exposure of pinnipeds to sound exploited for its oil during the 18th and through May and molt in June and July. generated from human activity is that 19th centuries and by 1900 the Females give birth to a single pup and the onset of Level B harassment for population was reduced to 20–30 attend the pup for around 30 days, at harbor seals and all other pinnipeds is individuals on Guadalupe Island which time they wean pups. Mating 90 dB and 100 dB re: 20mPa, (Hoelzel et al., 1993; Hoelzel, 1999). As occurs in the water around the time of respectively. The USFWS intends to use a result of this bottleneck, the genetic weaning. Harbor seals are not listed bird hazing methods that cause the least diversity found in this species is under the ESA nor depleted under the amount of marine mammal harassment, extremely low (Hoelzel, 1999). The MMPA. while still preventing birds from settling recent formation of most rookeries on the island. Biosonics, pyrotechnics, indicates that there is no genetic California Sea Lion and zon guns would be initially used at differentiation among populations. California sea lions range from distances to avoid the onset of Level B Although movement and genetic southern Mexico up to British harassment. Only if bird hazing exchange occurs among colonies, most Columbia, residing in shallow coastal methods are still unsuccessful from seals return to their natal site to breed and estuarine waters. They prefer sandy distant locations would these (Huber et al., 1991). beaches for hauling out, but are often A complete population count of techniques be used closer to pinniped seen on marina docks, jetties, and buoys elephant seals is not possible because haul-outs. in California. California sea lions breed all age classes are not ashore at the same almost entirely on islands in southern Description of Marine Mammals in the time. The most recent estimate of the Area of the Specified Activity California breeding stock was about California, Western Baja California, and The following marine mammal 124,000 individuals. Based on trends in the Gulf of California. In recent years, species may be present in the proposed pup counts, northern elephant seal they have begun to breed annually in project area during the research trial: colonies were continuing to grow in small numbers at An˜ o Nuevo Island and Northern elephant seals, harbor seals, California through 2005, but appear to South Farallon Islands, California. The Steller sea lions, California sea lions, be stable or slowly decreasing in breeding season lasts from May to and Northern fur seals. Below is a Mexico. Northern elephant seals are not August and mating takes place shortly summary of the status, distribution, and listed under the Endangered Species Act after birth. On the Farallon Islands, seasonality of each species that may be (ESA) nor depleted under the MMPA. California sea lions haul out in many affected by the research trial. intertidal areas year round, fluctuating Pacific Harbor Seal from several hundred to several Northern Elephant Seal Harbor seals are one of the most thousand animals. The small number of Northern elephant seals are the largest widely distributed northern hemisphere breeding animals is concentrated in ‘‘true’’ seal in the Northern Hemisphere, pinnipeds and are found in coastal, areas where researchers do not visit. reaching lengths of over 4 meters. They estuarine, and sometimes fresh water of The entire population of California sea are found in the eastern and central both the Atlantic and Pacific Oceans. lions cannot be counted because all age North Pacific Ocean, ranging from On the west coast, harbor seals range and sex classes are not ashore at the Alaska to Mexico. They spend most of from Baja California to the Bering Sea. same time. However, based on pup their time in the ocean, diving to depths They haul out on rocks, reefs, beaches, counts, the current population estimate of 330–800 meters and prefer sandy and drifting glacial ice for rest, thermal is 296,750. After removing data from El beaches when they come ashore for regulation, pupping, and social Nino years (when pup production is breeding and pupping. The Northern interaction. NMFS recognizes seven decreased), pup counts between 1975 elephant seal breeding population is U.S. stocks for management purposes: and 2008 suggest an annual increase of distributed from central Baja California, Bering Sea, California, Gulf of Alaska, 5.4 percent. California sea lions are not Mexico to the Point Reyes Peninsula in Oregon-Washington Coastal, southeast listed under the ESA nor depleted under northern California. Along this coastline Alaska, Washington Inland, and the MMPA.

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Steller Sea Lion published a proposed rule to delist the have bred in generally small numbers Steller sea lions reside along the eastern distinct population segment. A on West End Island during the summer. North Pacific Rim from northern Japan public comment period was open These numbers have increased through the Aleutian Islands to through June 18, 2012. No final substantially in recent years. The San California. They prefer the colder determination has been made. Under Miguel Island stock of northern fur seals temperate to sub-arctic waters of the the MMPA, the Steller sea lion is is not listed under the ESA nor depleted North Pacific Ocean. Steller sea lions depleted throughout its range. under the MMPA. Further information on the biology haul out on beaches, ledges, and rocky Northern Fur Seal and local distribution of these species reefs to rest and breed. The U.S. Northern fur seals range across the and others in the region can be found in population is divided into the western North Pacific Ocean and the Bering Sea, the USFWS application, which is and eastern distinct population as far south as the Channel Islands in available online (see ADDRESSES), and segment, with the eastern distinct California. They spend most of their the NMFS Marine Mammal Stock population segment including any time in the open ocean, but rely on rock Assessment Reports, which are available individuals in California. The eastern beaches for reproduction. online at: http://www.nmfs.noaa.gov/pr/ stock of Steller sea lions breeds on Concentrations of fur seals may in the species. rookeries located in southeast Alaska, open ocean near major oceanographic British Columbia, Oregon, and features, such as seamounts, canyons, or Potential Effects of the Specified California. along the continental shelf break, due to Activity on Marine Mammals Combining the pup count data from prey availability. Three breeding Variable numbers of northern 2005–2009 (11,120) and non-pup count locations are found in the U.S. and three elephant seals, harbor seals, Steller sea data from 2008 (31,246) results in a in Russia. The peak pupping season is lions, California sea lions, and northern minimum abundance estimate of 42,366 usually in early July and pups are fur seals typically haul out around the Steller sea lions in the western U.S. weaned by October or November. At the perimeter of South Farallon Island. stock in 2005–2009 (M. DeAngelis, end of the breeding season, northern fur Pinnipeds likely to be affected by the NMFS, pers. comm.). Using the most seals travel south and remain pelagic for bird mitigation trial are those that are recent 2006–2009 pup counts available the winter migration period. hauled out on land at or near the by region from aerial surveys across the The majority of individuals breed on location of gull hazing. Incidental range of the eastern stock (total the Pribilof Islands off the coast of harassment may result if hauled out N=13,889), the total population of the mainland Alaska (Testa, 2007); animals are disturbed by elevated sound eastern stock of Steller sea lions is however, there have been declines in levels or the presence of lasers, estimated to be within the range of the number of pups produced each year spotlights, humans, helicopters, or dogs. 58,334 to 72,223 (Carretta et al. 2011). by as much as 50 percent from previous Although pinnipeds would not be Steller sea lion numbers in California, seasons (Towell et al. 2006). After deliberately approached by researchers, especially in southern and central extensive hunting in the late 1800s on approach may be unavoidable if California, have declined from historic the Farallon Islands (Starks, 1922; pinnipeds are hauled out in the numbers. Counts in California between Townsend, 1931; Scheffer and Kraus, immediate vicinity of roosting birds. 1927 and 1947 ranged between 4,000 1964), the first pup in over 100 years Disturbance may result in behavioral and 6,000 non-pups with no apparent was born there in 1996. By 2006, 80 reactions ranging from an animal simply trend, but have subsequently declined pups were born and the Farallon Islands becoming alert (e.g., turning the head, by over 50 percent, and were between are again an established rookery (Pyle et assuming a more upright posture) to 1,500 and 2,000 non-pups during the al., 2001). Rookeries have also been flushing from the haul-out site into the period 1980 to 2004. At An˜ o Nuevo reestablished at Bogoslof Island in the water. NMFS does not necessarily Island, a steady decline in ground eastern Aleutians, Alaska and at San consider the lesser reactions to counts started around 1970, and there Miguel Island, California (York et al., constitute Level B behavioral was an 85 percent reduction in the 2005). harassment, but does assume that breeding population by 1987 (LeBoeuf There are two stocks of northern fur pinnipeds that move greater than one et al., 1991). Overall, counts of non- seals recognized in U.S. waters: the meter or change the speed or direction pups at trend sites in California and eastern Pacific stock and the San Miguel of their movement in response to the Oregon have been relatively stable or Island stock. Any animals found on the gull hazing methods are behaviorally increasing slowly since the 1980s. Farallon Islands would be part of the harassed. On Southeast Farallon Island, San Miguel Island stock. The most Typically, even those reactions California, the abundance of females recent population estimate for this stock constituting Level B harassment would declined an average of 3.6 percent per is 9,968 animals. The population of result at most in temporary, short-term year from 1974 to 1997 (Sydeman and northern fur seals on San Miguel Island disturbance. Due to the limited duration Allen, 1999). Steller sea lions give birth has increased steadily since its of the research trial (maximum 4 weeks from May through July and mating discovery in 1968, except for severe of periodic daily hazing methods), occurs a couple of weeks after birth. declines in 1983 and 1998 associated disturbance of pinnipeds would only Non-reproductive animals congregate at with El Nin˜ o events. Recovery from the last for short periods of time and would a few haul-out sites. Pups are weaned 1998 decline has been slow. Although not occur continuously over the 4-week during the winter and spring of the the Farallones were a major northern fur period. Pinnipeds are unlikely to incur following year. On the Farallon Islands, seal breeding area before the arrival of significant impacts to their survival Steller sea lion breeding colonies are hunters in the early 19th century, the because potential harassment would be strictly protected to reduce or eliminate species was essentially extirpated from sporadic and of low intensity. Although risk of human disturbance; access to the region by the second half of that there is a risk of injury or mortality if these areas is rarely permitted. century (Wilson and Ruff, 1999). Not pinniped pups are crushed during a In 1990, the Steller sea lion was listed until 1996 did northern fur seals begin stampede, the USFWS is not proposing as a threatened species under the ESA. breeding again on the Farallones (Pyle et to implement hazing methods during On April 18, 2012 (77 FR 23209), NMFS al., 2001), and each year since then they the pupping season. The USFWS

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expects most pups to have left the a biologist identify and map where these animals in the area. During hazing island before November. individuals are located. operations, observers would record the In summary, NMFS believes it highly NMFS has carefully evaluated the species that react to hazing operations, unlikely that the proposed activities applicant’s proposed mitigation any change in behavior that occurs, the would result in the injury, serious measure and considered a range of other number of animals that flush (or leave injury, or mortality of pinnipeds. Any measures in the context of ensuring that their haul-out), and the number of harassment resulting from the bird NMFS prescribes the means of effecting flushing events. After the hazing mitigation research trial is expected to the least practicable impact on the operations, observers would record the be in the form of Level B behavioral affected marine mammal species and number and species of animals harassment. stocks and their habitat. Our evaluation remaining in the area. Observers would of potential measures included Anticipated Effects on Habitat be in communication with the hazing consideration of the following factors in trial implementation staff in order to The USFWS’ proposed activity is not relation to one another: relay information on pinniped • expected to result in the physical The manner in which, and the behavioral responses. Observers would alteration of marine mammal habitat. degree to which, the successful be able to halt hazing activities if they Any impacts resulting from the implementation of the measure is result in unexpected pinniped reactions proposed activity (e.g., short periods of expected to minimize adverse impacts (e.g., stampeding). ensonification) would be temporary and to marine mammals; If funding and personnel are • no major breeding habitat would be The proven or likely efficacy of the available, and based on NMFS affected. There are no expected impacts specific measure to minimize adverse recommendation, the USFWS would to pinniped prey species. Critical impacts as planned; and • monitor sound levels of biosonics, habitat has been defined for Steller sea The practicability of the measure pyrotechnics, and zon guns to evaluate lions as a 20 nautical mile buffer around for applicant implementation, including the potential exposure levels of all major haul-outs and rookeries, as consideration of personnel safety and pinnipeds to these techniques. If well as associated terrestrial, air, and practicality of implementation. practicable, the USFWS would measure aquatic zones, which includes Southeast Based on our evaluation of the received sound levels at varying Farallon Island. Overall, the proposed applicant’s proposed measures, as well distances from the source to determine activity is not expected to cause as other measures considered by NMFS, the distance at which NMFS’ in-air significant impacts on habitats used by NMFS has preliminarily determined thresholds are reached. Results from the marine mammal species in the that the proposed mitigation measures these measurements would potentially proposed project area or on the food provide the means of effecting the least allow the USFWS to determine how far sources that they utilize. practicable impact on marine mammal away they need to conduct certain species or stocks and their habitat, Proposed Mitigation hazing methods. paying particular attention to rookeries, In the unanticipated event that the In order to issue an incidental take mating grounds, and areas of similar specified activity clearly causes the take authorization (ITA) under section significance. of a marine mammal in a manner 101(a)(5)(D) of the MMPA, NMFS must, prohibited by the IHA, such as an injury where applicable, set forth the Proposed Monitoring and Reporting In order to issue an ITA for an (Level A harassment), serious injury, or permissible methods of taking pursuant mortality, the USFWS would to such activity, and other means of activity, section 101(a)(5)(D) of the MMPA states that NMFS must, where immediately cease the specified effecting the least practicable impact on activities and report the incident to the such species or stock and its habitat, applicable, set forth ‘‘requirements pertaining to the monitoring and Chief of the Permits and Conservation paying particular attention to rookeries, Division, Office of Protected Resources, mating grounds, and areas of similar reporting of such taking.’’ The MMPA implementing regulations at 50 CFR NMFS, at 301–427–8401 and/or by significance, and on the availability of email to [email protected] and such species or stock for taking for 216.104 (a)(13) indicate that requests for ITAs must include the suggested means [email protected] and the certain subsistence uses (where Southwest Regional Stranding relevant). of accomplishing the necessary monitoring and reporting that will result Coordinator at 562–980–3230 Temporal Restriction in increased knowledge of the species ([email protected]). The report The USFWS is proposing to conduct and of the level of taking or impacts on must include the following information: • Time, date, and location (latitude/ the bird mitigation research trial at a populations of marine mammals that are longitude) of the incident; time when there are fewer birds on the expected to be present in the proposed • Description of the incident; island and outside of pinniped pupping action area. • Status of all sound source use in the season. The proposed schedule for this The USFWS would designate at least 24 hours preceding the incident; research would greatly reduce the one NMFS’ approved protected species • Description of all marine mammal possibility of injury, serious injury, or observer to monitor pinnipeds and observations in the 24 hours preceding mortality to pinnipeds resulting from collect information before, during, and the incident; pups being crushed during a stampede. after hazing operations. This observer • Species identification or Pregnant northern elephant seals begin would be located at the peak of the description of the animal(s) involved; to arrive on the island in late December island’s center, which provides • Fate of the animal(s); and and early January. Remaining pups from visibility of about 70 percent of the • Photographs or video footage of the the previous breeding season typically island. If hazing operations take place in animal(s) (if equipment is available). leave the island by November. While areas not visible from the island’s peak, Activities would not resume until hazing operations are not expected to additional observers would be used to NMFS is able to review the overlap with the presence of northern monitor and record information from circumstances of the prohibited take. elephant seal pups, the USFWS will other locations. Before hazing NMFS would work with the USFWS to actively avoid pregnant females and operations begin, observers would determine what is necessary to pups during the research trial by having record the number and species of minimize the likelihood of further

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prohibited take and ensure MMPA feeding, or sheltering [Level B USFWS’ proposed mitigation measures compliance. The USFWS would not harassment]. would likely result in fewer takes. resume their activities until notified by Current NMFS practice regarding in- Negligible Impact and Small Numbers NMFS via letter, email, or telephone. air exposure of pinnipeds to sound In the event that the USFWS Analysis and Preliminary generated from human activity is that Determination discovers an injured or dead marine the onset of Level B harassment for NMFS has defined ‘‘negligible mammal, and the lead observer harbor seals and all other pinnipeds is impact’’ in 50 CFR 216.103 as ‘‘* * * an determines that the cause of the injury 90 dB and 100 dB re: 20mPa, impact resulting from the specified or death is unknown and the death is respectively. These threshold levels are activity that cannot be reasonably relatively recent (i.e., in less than a based on monitoring of marine mammal expected to, and is not reasonably likely moderate state of decomposition as reactions to rocket launches at to, adversely affect the species or stock described in the next paragraph), the Vandenberg Air Force Base. In those through effects on annual rates of USFWS would immediately report the studies, not all harbor seals left a haul- incident to the Chief of the Permits and recruitment or survival.’’ In making a out during a launch unless the sound Conservation Division, Office of negligible impact determination, NMFS exposure level was 100 dB or above and Protected Resources, NMFS, at 301– considers a number of factors which only short-term effects were detected. 427–8401 and/or by email to include, but are not limited to, number [email protected] and The USFWS estimated take by using of anticipated injuries or mortalities [email protected] and the the maximum pinniped counts from (none of which would be authorized Southwest Regional Stranding weekly censuses in November 2006– here), number, nature, intensity, and Coordinator at 562–980–3230 2011. These numbers represent the duration of Level B harassment, and the ([email protected]). The report highest count ever recorded for each context in which takes occur. would include the same information species during the month of November As described above, marine mammals identified in the paragraph above. since 2006. November typically has the would not be exposed to activities or Activities could continue while NMFS highest pinniped counts compared to sound levels which would result in reviews the circumstances of the December and January (the period when injury (PTS), serious injury, or incident. NMFS would work with the the proposed activity would take place). mortality. Rather, NMFS expects that USFWS to determine whether These numbers provide the best some marine mammals may be exposed modifications in the activities are available information on haul-outs in to elevated sound levels or visual appropriate. the proposed action area. The USFWS’ stimuli that would result in Level B In the event that the USFWS take estimates for the length of the trial behavioral harassment. Marine discovers an injured or dead marine are shown in Table 1. mammals may avoid the area or mammal, and the lead observer temporarily change their behavior (e.g., determines that the injury or death is TABLE 1—PROPOSED TAKE OF move towards the water) in response to not associated with or related to the PINNIPEDS FOR THE PROPOSED AC- research presence or elevated sound activities authorized in the IHA (e.g., TIVITY levels. No impacts to marine mammal previously wounded animal, carcass reproduction are expected because the with moderate to advanced Species Total proposed activity would not take place decomposition, or scavenger damage), during pinniped pupping season. the USFWS would report the incident to Northern elephant seal ...... 328 Proposed mitigation and monitoring the Chief of the Permits and Harbor seal ...... 81 measures are expected to lessen the Conservation Division, Office of Steller sea lion ...... 56 potential impacts to marine mammals Protected Resources, NMFS, at 301– California sea lion ...... 3,538 (e.g., avoiding pinniped haul-outs). Northern fur seal ...... 109 427–8401 and/or by email to NMFS expects any impacts to pinnipeds [email protected] and to be temporary, Level B behavioral [email protected] and the NMFS believes these take estimates harassment. Marine mammal injury or Southwest Regional Stranding are conservative because the USFWS mortality is unlikely because of the Coordinator at 562–980–3230 used maximum counts of hauled out expected sound levels, avoidance of ([email protected]), within 24 pinnipeds during the months of the pinniped haul outs, and avoidance of hours of the discovery. The USFWS proposed activity and these numbers do pupping season. The amount of take would provide photographs or video not take mitigation measures into NMFS proposes to authorize is footage (if available) or other consideration. Researchers would make considered small relative to the documentation of the stranded animal every effort to minimize the take of estimated stock sizes. Less than one sighting to NMFS. pinnipeds (e.g., by using hazing percent of the stock would be harassed methods at the farthest possible distance for Northern elephant seals, harbor Estimated Take by Incidental from haul-outs); moreover, many seals, and Steller sea lions; and less than Harassment pinnipeds do not haul out near typical two percent of the stock would be Except with respect to certain gull roosts. Frequency of harassment harassed for California sea lions and activities not pertinent here, the MMPA would depend upon the location of Northern fur seals. There is no defines ‘‘harassment’’ as: any act of gulls and the success of hazing anticipated effect on annual rates of pursuit, torment, or annoyance which (i) operations. Pinnipeds may be disturbed recruitment or survival of affected has the potential to injure a marine as much as twice per day for the marine mammals. mammal or marine mammal stock in the duration of the 2–4 week trial. Table 1 Based on the analysis of the likely wild [Level A harassment]; or (ii) has shows the maximum number of animals effects of the proposed activity on the potential to disturb a marine that may be harassed during the marine mammals and their habitat, and mammal or marine mammal stock in the proposed activity; however, each considering the proposed mitigation and wild by causing disruption of behavioral individual may be exposed to activities monitoring measures, NMFS patterns, including, but not limited to, that result in harassment as much as preliminarily determines that the migration, breathing, nursing, breeding, twice per day for 2–4 weeks. The USFWS’ proposed research mitigation

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trial would result in the incidental take a determination on the issuance of an DEPARTMENT OF DEFENSE of small numbers of marine mammals, IHA. by Level B harassment only, and that Office of the Secretary the total taking would have a negligible National Environmental Policy Act impact on the affected species or stocks. (NEPA) [Transmittal Nos. 12–42] Impact on Availability of Affected NMFS is currently conducting an 36(b)(1) Arms Sales Notification Species or Stock for Taking for analysis, pursuant to NEPA, to AGENCY: Department of Defense, Defense Subsistence Uses determine whether or not this proposed Security Cooperation Agency. activity may have a significant effect on There are no relevant subsistence uses ACTION: Notice. of marine mammals implicated by this the human environment. This analysis action. will be completed prior to the issuance SUMMARY: The Department of Defense is or denial of this proposed IHA. Endangered Species Act (ESA) publishing the unclassified text of a Proposed Authorization section 36(b)(1) arms sales notification. The only marine mammal species This is published to fulfill the listed as endangered under the ESA As a result of these preliminary requirements of section 155 of Public with confirmed or possible occurrence determinations, NMFS proposes to Law 104–164 dated July 21, 1996. in the study area is the eastern DPS of authorize the take of marine mammals FOR FURTHER INFORMATION CONTACT: Ms. Steller sea lion. On April 18, 2012 (77 incidental to the bird mitigation B. English, DSCA/DBO/CFM, (703) 601– FR 23209), NMFS published a proposed research trial, provided the previously 3740. rule to delist the eastern DPS. A public The following is a copy of a letter to comment period was open through June mentioned mitigation, monitoring, and the Speaker of the House of 18, 2012. No final determination has reporting requirements are incorporated. Representatives, Transmittals 12–42 been made. Under section 7 of the ESA, Dated: August 21, 2012. with attached transmittal and policy the USFWS has begun consultation with Frederick C. Sutter, III, justification. NMFS on the proposed bird mitigation Acting Deputy Director, Office of Protected Dated: August 22, 2012. research trial. NMFS also initiated Resources, National Marine Fisheries Service. Aaron Siegel, consultation internally on the issuance [FR Doc. 2012–21075 Filed 8–24–12; 8:45 am] of an IHA under section 101(a)(5)(D) of Alternate OSD Federal Register Liaison the MMPA for this activity. BILLING CODE 3510–22–P Officer, Department of Defense. Consultation will be concluded prior to BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Consideration for Purchase: services, and other related elements of Transmittal No. 12–42 Commercially available Federal logistics and program support. Aviation Administration Air Traffic (iv) Military Department: Air Force Notice of Proposed Issuance of Letter of Control and Landing Systems/ Offer Pursuant to Section 36(b)(1) of the (QAZ). Navigational Aids. The system will Arms Export Control Act, as amended (v) Prior Related Cases, if any: None. include an ASR–11 Radar, Autotrac II (i) Prospective Purchaser: Iraq. simulator, Instrument Landing System, (vi) Sales Commission, Fee, etc., Paid, (ii) Total Estimated Value: and Airfield Lighting System, spare and Offered, or Agreed to be Paid: None. Major Defense Equipment * $0 million. repair parts, support equipment, (vii) Sensitivity of Technology Other ...... 60 million. personnel training and training Contained in the Defense Article or equipment, publications and technical Defense Services Proposed to be Sold: Total ...... 60 million. documentation, site survey, installation, None. (iii) Description and Quantity or U.S. Government and contractor (viii) Date Report Delivered to Quantities of Articles or Services under engineering and logistics support Congress: 15 August 2012.

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POLICY JUSTIFICATION DEPARTMENT OF DEFENSE 0097, Taxpayer Identification Number Information’’ on your attached Iraq—Air Traffic Control and Landing GENERAL SERVICES document. System ADMINISTRATION • Fax: 202–501–4067. • The Government of Iraq has requested Mail: General Services NATIONAL AERONAUTICS AND Administration, Regulatory Secretariat a proposed sale of commercially SPACE ADMINISTRATION (MVCB), 1275 First Street NE., available Federal Aviation Washington, DC 20417. ATTN: Hada Administration Air Traffic Control and [OMB Control No. 9000–0097; Docket 2012– 0076; Sequence 22] Flowers/IC 9000–0097, Taxpayer Landing System/Navigational Aids. The Identification Number Information. system will include an ASR–11 Radar, Federal Acquisition Regulation; Instructions: Please submit comments Autotrac II simulator, Instrument Information Collection; Taxpayer only and cite Information Collection Landing System, and Airfield Lighting Identification Number Information 9000–0097, Taxpayer Identification System, spare and repair parts, support Number Information, in all AGENCY: equipment, personnel training and Department of Defense (DOD), correspondence related to this training equipment, publications and General Services Administration (GSA), collection. All comments received will technical documentation, site survey, and National Aeronautics and Space be posted without change to http:// installation, U.S. Government and Administration (NASA). www.regulations.gov, including any contractor engineering and logistics ACTION: Notice of request for public personal and/or business confidential support services, and other related comments regarding an extension to an information provided. existing OMB clearance. elements of logistics and program FOR FURTHER INFORMATION CONTACT: Mr. support. The estimated cost is $60 SUMMARY: Under the provisions of the Curtis E. Glover, Sr., Procurement million. Paperwork Reduction Act, the Analyst, Contract Policy Division, GSA, This proposed sale will contribute to Regulatory Secretariat will be (202) 501–1448 or email at the foreign policy and national security submitting to the Office of Management [email protected]. of the United States by helping to and Budget (OMB) a request to review SUPPLEMENTARY INFORMATION: and approve an extension of a improve the security of a friendly A. Purpose country. previously approved information collection requirement concerning In accordance with 31 U.S.C. 7701(c), The proposed sale will contribute to Taxpayer Identification Number a contractor doing business with a Iraq’s continued efforts toward Information. Government agency is required to rebuilding their airfield systems at Public comments are particularly furnish its Tax Identification Number Tikrit Air Base for near-term basing of invited on: Whether this collection of (TIN) to that agency. 31 U.S.C. 3325(d) multiple aircraft. The renovations and information is necessary for the proper requires the Government to include, upgrades to the airfield and its systems performance of functions of the Federal with each certified voucher prepared by will allow for greater ease in launch and Acquisition Regulations (FAR), and the Government payment office and recovery of aircraft and will benefit the whether it will have practical utility; submitted to a disbursing official, the overall sustainment of aircraft and whether our estimate of the public TIN of the contractor receiving payment affiliated systems over time. This burden of this collection of information under the voucher. 26 U.S.C. 6050M, as equipment aids Iraq’s continuing is accurate, and based on valid implemented in the Department of reconstruction effort that directly assumptions and methodology; ways to Treasury, Internal Revenue Service (IRS) improves Iraq’s ability to control its own enhance the quality, utility, and clarity regulations at Title 26 of the Code of airspace. of the information to be collected; and Federal Regulations (CFR), requires ways in which we can minimize the The proposed sale of this equipment heads of Federal executive agencies to burden of the collection of information report certain information to the IRS. 26 and support will not alter the basic on those who are to respond, through U.S.C. 6041 and 6041A, as implemented military balance in the region. the use of appropriate technological in 26 CFR, in part, requires payors, The prime contractor is unknown and collection techniques or other forms of including Government agencies, to will be selected through competitive information technology. report to the IRS, on form 1099, process. There are no known offset DATES: Submit comments on or before payments made to certain contractors. agreements proposed in connection October 26, 2012. To comply with the requirements of with this potential sale. ADDRESSES: Submit comments 31 U.S.C. 7701(c) and 3325(d), reporting Implementation of this proposed sale identified by Information Collection requirements of 26 U.S.C. 6041, 6041A, will not require the assignment of any 9000–0097, Taxpayer Identification and 6050M, and implementing additional U.S. Government or Number Information, by any of the regulations issued by the IRS in 26 CFR, FAR clause 52.204–3, Taxpayer contractor representatives to Iraq. following methods: • Regulations.gov: http:// Identification, requires a potential There will be no adverse impact on www.regulations.gov. Submit comments Government contractor to submit, U.S. defense readiness as a result of this via the Federal eRulemaking portal by among other information, its TIN. The proposed sale. searching the OMB control number. TIN may be used by the Government to [FR Doc. 2012–20976 Filed 8–24–12; 8:45 am] Select the link ‘‘Submit a Comment’’ collect and report on any delinquent BILLING CODE 5001–06–P that corresponds with ‘‘Information amounts arising out of the contractor’s Collection 9000–0097, Taxpayer relationship with the Government. A Identification Number Information’’. contractor is not required to provide its Follow the instructions provided at the TIN on each contract in accordance with ‘‘Submit a Comment’’ screen. Please FAR clause 52.204–3, Taxpayer include your name, company name (if Identification, when FAR clause any), and ‘‘Information Collection 9000– 52.204–7, Central Contractor

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Registration, is inserted in contracts. DEPARTMENT OF DEFENSE ‘‘Information Collection 9000–0132, FAR clause 52.204–7 requires a Contractors’ Purchasing Systems potential Federal contractor to provide GENERAL SERVICES Reviews’’ on your attached document. its TIN in the Central Contractor ADMINISTRATION • Fax: 202–501–4067. Registration (CCR) system. • Mail: General Services NATIONAL AERONAUTICS AND Administration, Regulatory Secretariat B. Annual Reporting Burden SPACE ADMINISTRATION (MVCB), 1275 First Street NE., The annual reporting burden [OMB Control No. 9000–0132; Docket 2012– Washington, DC 20417. ATTN: Hada decreased from what was published in 0076; Sequence 61] Flowers/IC 9000–0132, Contractors’ the Federal Register at 73 FR 20613, on Purchasing Systems Reviews. Federal Acquisition Regulation; April 16, 2008. The decrease is Instructions: Please submit comments Information Collection; Contractors’ attributed to a revised estimate of the only and cite Information Collection Purchasing Systems Reviews respondents and hours per response. A 9000–0132, Contractors’ Purchasing Systems Reviews, in all correspondence potential federal contractor is required AGENCY: Department of Defense (DOD), related to this collection. All comments to complete a one-time registration in General Services Administration (GSA), received will be posted without change CCR to provide basic information in and National Aeronautics and Space to http://www.regulations.gov, including order to be awarded a Federal Administration (NASA). any personal and/or business Government contract. Part of a potential ACTION: Notice of request for public confidential information provided. Federal contractor’s CCR registration comments regarding an extension to an includes providing its TIN in existing OMB clearance. FOR FURTHER INFORMATION CONTACT: Ms. accordance with FAR 52.204–7. It is Patricia Corrigan, Procurement Analyst, estimated that a significant number of SUMMARY: Under the provisions of the Office of Governmentwide Acquisition Federal contractors will not be required Paperwork Reduction Act, the Policy, GSA, (202) 208–1963 or email at to submit their TIN under this collection Regulatory Secretariat will be [email protected]. at FAR 52.204–3, due to the requirement submitting to the Office of Management SUPPLEMENTARY INFORMATION: and Budget (OMB) a request to review to submit their TIN during the A. Purpose registration process. Based on Federal and approve an extension of a procurement Data Systems (FPDS) data, previously approved information The objective of a contractor 193,397 unique contractors were collection requirement concerning purchasing system review (CPSR), as awarded Federal Government contracts contractors’ purchasing systems discussed in Part 44 of the FAR, is to in Fiscal Year 2011 (FY11). We estimate reviews. evaluate the efficiency and effectiveness that fifteen percent of the FY11 unique Public comments are particularly with which the contractor spends vendors, responding on average to three invited on: Whether this collection of Government funds and complies with solicitations per year, are required to information is necessary for the proper Government policy when provide their TIN in accordance with performance of functions of the Federal subcontracting. The review provides the FAR 52.204–3. In addition, based on the Acquisition Regulations (FAR), and administrative contracting officer a basis TIN being readily available business whether it will have practical utility; for granting, withholding, or information within contractor’s system, whether our estimate of the public withdrawing approval of the the estimated hours per response is burden of this collection of information contractor’s purchasing system. is accurate, and based on valid decreased to .10. The revised estimate of B. Annual Reporting Burden the annual reporting burden assumptions and methodology; ways to requirements is reflected below. enhance the quality, utility, and clarity There is no single data collection of the information to be collected; and process or system, e.g., Federal Respondents: 29,010. ways in which we can minimize the Procurement Data System (FPDS), that Responses per Respondent: 3. burden of the collection of information identifies the number of CPSRs Total Responses: 87,030. on those who are to respond, through conducted governmentwide. To date no the use of appropriate technological public comments or questions have Hours per Response: .10. collection techniques or other forms of been received regarding the burden Total Burden Hours: 8,703. information technology. estimates included in the currently Obtaining Copies of Proposals: DATES: Submit comments on or before approved clearance. However, for Requesters may obtain a copy of the October 26, 2012. purposes of this clearance, the estimated information collection documents from ADDRESSES: Submit comments Average Burden Per Response is the General Services Administration, identified by Information Collection estimated at 25 hours per completion. Regulatory Secretariat (MVCB), 1275 9000–0132, Contractors’ Purchasing Based on coordination with a First Street NE., Washington, DC 20417, Systems Reviews, by any of the Government agency that conducts telephone (202) 501–4755. Please cite following methods: CPSRs, the estimate has been adjusted OMB Control No. 9000–0097, Taxpayer • Regulations.gov: http:// upwards from the current 17 hours to 25 Identification Number Information, in www.regulations.gov. hours, in order to provide a more all correspondence. Submit comments via the Federal accurate accounting of the contractors’ eRulemaking portal by searching the time necessary for reading information Dated: August 17, 2012. OMB control number. Select the link and preparing for a CSPR. William Clark, ‘‘Submit a Comment’’ that corresponds Number of Respondents: 1,580. Acting Director, Federal Acquisition Policy with ‘‘Information Collection 9000– Responses per Respondent: 1. Division, Office of Governmentwide 0132, Contractors’ Purchasing Systems Total Responses: 1,580. Acquisition Policy, Office of Acquisition Reviews’’. Follow the instructions Average Burden per Response: 25. Policy, Office of Governmentwide Policy. provided at the ‘‘Submit a Comment’’ Total Burden Hours: 39,500. [FR Doc. 2012–20996 Filed 8–24–12; 8:45 am] screen. Please include your name, Obtaining Copies of Proposals: BILLING CODE 6820–EP–P company name (if any), and Requesters may obtain a copy of the

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information collection documents from 9000–0071, Price Redetermination, by an estimated 230 unique contractors the General Services Administration, any of the following methods: were awarded 1,970 fixed-price Regulatory Secretariat (MVCB), 1275 • Regulations.gov: http:// redetermination contracts. Thus, each First Street NE., Washington, DC 20417, www.regulations.gov. Submit comments vendor responded on average 8.6 times telephone (202) 501–4755. Please cite via the Federal eRulemaking portal by a year (rounded up to 9). The hours per OMB Control No. 9000–0132, searching the OMB control number. response is increased to 2 hours after a Contractors’ Purchasing Systems Select the link ‘‘Submit a Comment’’ reassessment of the time required to Reviews, in all correspondence. that corresponds with ‘‘Information prepare and report the information. Dated: August 17, 2012. Collection 9000–0071, Price Respondents: 230. William Clark, Redetermination’’. Follow the Responses per Respondent: 9. instructions provided at the ‘‘Submit a Annual Responses: 2,070. Acting Director, Federal Acquisition Policy Hours per Response: 2. Division, Office of Governmentwide Comment’’ screen. Please include your Acquisition Policy, Office of Acquisition name, company name (if any), and Total Burden Hours: 4,140. Policy, Office of Governmentwide Policy. ‘‘Information Collection 9000–0071, Obtaining Copies of Proposals: Requesters may obtain a copy of the [FR Doc. 2012–20994 Filed 8–24–12; 8:45 am] Price Redetermination’’ on your information collection documents from BILLING CODE 6820–EP–P attached document. • Fax: 202–501–4067. the General Services Administration, • Mail: General Services Regulatory Secretariat (MVCB), 1275 DEPARTMENT OF DEFENSE Administration, Regulatory Secretariat First Street NE., Washington, DC 20417, (MVCB), 1275 First Street NE., telephone (202) 501–4755. Please cite GENERAL SERVICES Washington, DC 20417. ATTN: Hada OMB Control No. 9000–0071, Price ADMINISTRATION Flowers/IC 9000–0071, Price Redetermination, in all correspondence. Redetermination. Dated: August 17, 2012. NATIONAL AERONAUTICS AND Instructions: Please submit comments William Clark, SPACE ADMINISTRATION only and cite Information Collection Acting Director, Federal Acquisition Policy [Docket 2012–0076; Sequence 42; OMB 9000–0071, Price Redetermination, in Division, Office of Governmentwide Control No. 9000–0071] all correspondence related to this Acquisition Policy, Office of Acquisition collection. All comments received will Policy, Office of Governmentwide Policy. Federal Acquisition Regulation; be posted without change to http:// [FR Doc. 2012–20992 Filed 8–24–12; 8:45 am] Information Collection; Price www.regulations.gov, including any BILLING CODE 6820–EP–P Redetermination personal and/or business confidential information provided. AGENCY: Department of Defense (DOD), DEPARTMENT OF DEFENSE General Services Administration (GSA), FOR FURTHER INFORMATION CONTACT: Mr. and National Aeronautics and Space Curtis E. Glover, Sr., Procurement Analyst, Office of Governmentwide GENERAL SERVICES Administration (NASA). ADMINISTRATION ACTION: Notice of request for public Acquisition Policy, GSA, (202) 501– 1448 or email [email protected]. comments regarding an extension of an NATIONAL AERONAUTICS AND SUPPLEMENTARY INFORMATION: existing OMB clearance. SPACE ADMINISTRATION SUMMARY: Under the provisions of the A. Purpose [Docket 2012–0076; Sequence 46; OMB Paperwork Reduction Act, the FAR 16.205, Fixed-price contracts Control No. 9000–0083] Regulatory Secretariat will be with prospective price redetermination, Federal Acquisition Regulation; submitting to the Office of Management provides for firm fixed prices for an Information Collection; Qualification and Budget (OMB) a request to review initial period of the contract with Requirements and approve an extension of a prospective redetermination at stated previously approved information times during performance. FAR 16.206, AGENCY: Department of Defense (DOD), collection requirement concerning Price Fixed price contracts with retroactive General Services Administration (GSA), Redetermination. price redetermination, provides for a and National Aeronautics and Space Public comments are particularly fixed ceiling price and retroactive price Administration (NASA). invited on: Whether this collection of redetermination within the ceiling after information is necessary; whether it will ACTION: Notice of reinstatement request completion of the contract. In order for for an information collection have practical utility; whether our the amounts of price adjustments to be estimate of the public burden of this requirement regarding an existing OMB determined, the firms performing under clearance. collection of information is accurate, these contracts must provide and based on valid assumptions and information to the Government SUMMARY: Under the provisions of the methodology; ways to enhance the regarding their expenditures and Paperwork Reduction Act, the quality, utility, and clarity of the anticipated costs. The information is Regulatory Secretariat will be information to be collected; and ways in used to establish fair price adjustments submitting to the Office of Management which we can minimize the burden of to Federal contracts. and Budget (OMB) a request to review the collection of information on those and approve an extension of a who are to respond, through the use of B. Annual Reporting Burden previously approved information appropriate technological collection The estimated total burden is lower collection requirement concerning techniques or other forms of information than that published the Federal Register Qualification Requirements. technology. at 74 FR 62783, on December 1, 2009. Public comments are particularly DATES: Submit comments on or before This is due to the decrease in the invited on: Whether this collection of October 26, 2012. estimated number of respondents. Based information is necessary; whether it will ADDRESSES: Submit comments on Fiscal Year 2011 information from have practical utility; whether our identified by Information Collection the Federal Procurement Data System, estimate of the public burden of this

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collection of information is accurate, requires offerors who have met the DEPARTMENT OF DEFENSE and based on valid assumptions and qualification requirements to identify methodology; ways to enhance the the offeror’s name, the manufacturer’s Office of the Secretary quality, utility, and clarity of the name, source’s name, the item name, Strategic Environmental Research and information to be collected; and ways in service identification, and test number Development Program, Scientific which we can minimize the burden of (to the extent known). the collection of information on those Advisory Board; Notice of Meeting The contracting officer uses the who are to respond, through the use of information to determine eligibility for AGENCY: Department of Defense. appropriate technological collection ACTION: Notice. techniques or other forms of information award when the clause at 52.209–1 is included in the solicitation. technology. SUMMARY: This notice is published in Alternatively, items not yet listed may DATES: Submit comments on or before accordance with Section 10(a)(2) of the October 26, 2012. be considered for award upon the Federal Advisory Committee Act (Pub. submission of evidence of qualification ADDRESSES: Submit comments L. 92–463). The topic of the meeting on with the offer. identified by Information Collection October 23–25, 2012 is to review new 9000–0083, Qualification Requirements, B. Annual Reporting Burden start research and development projects by any of the following methods: requesting Strategic Environmental • Regulations.gov: http:// There is no Governmentwide data Research and Development Program www.regulations.gov. collection process or system, e.g., funds in excess of $1 million. This Submit comments via the Federal Federal Procurement Data System meeting is open to the public. Any eRulemaking portal by searching the (FPDS) which identifies the number of interested person may attend, appear OMB control number. Select the link solicitations issued that include before, or file statements with the ‘‘Submit a Comment’’ that corresponds qualification requirements. To date, no Scientific Advisory Board at the time with ‘‘Information Collection 9000– public comments or questions have and in the manner permitted by the 0083, Qualification Requirements’’. been received regarding the burden Board. Follow the instructions provided at the estimates included in the currently DATES: Tuesday, October 23, 2012 from ‘‘Submit a Comment’’ screen. Please approved clearance. However, a change 9 a.m. to 5 p.m., Wednesday, October 24 include your name, company name (if is being made regarding the estimated from 9 a.m. to 3:45 p.m. and Thursday, any), and ‘‘Information Collection 9000– number of responses annually from 100 October 25 from 8:30 a.m. to 10:30 a.m. 0083, Qualification Requirements’’ on (in the currently approved burden) to a ADDRESSES: George Mason Conference your attached document. • Fax: 202–501–4067. more appropriate estimated average of 5 Room at Metro Offices, 4601 North • Mail: General Services responses annually (i.e., the number of Fairfax Drive, Suite 1200, Arlington, VA Administration, Regulatory Secretariat proposals received per solicitation 22203. (MVCB), 1275 First Street NE., issued). For purposes of this clearance, FOR FURTHER INFORMATION CONTACT: Mr. Washington, DC 20417. ATTN: Hada time required to read and prepare Jonathan Bunger, SERDP Office, 4800 Flowers/IC 9000–0083, Qualification information remains at 15 minutes per Mark Center Drive, Suite 17D08 Requirements. submission assuming an offeror’s use of Alexandria, VA 22350–3600, by Instructions: Please submit comments electronic information tracking and telephone at (571) 372–6384. only and cite Information Collection retrieval processes. Dated: August 21, 2012. 9000–0083, Qualification Requirements, Respondents: 2,207. Aaron Siegel, in all correspondence related to this Responses per Respondent: 5. Alternate OSD Federal Register Liaison collection. All comments received will Officer, Department of Defense. be posted without change to http:// Annual Responses: 11,035. [FR Doc. 2012–20921 Filed 8–24–12; 8:45 am] www.regulations.gov, including any Hours per Response: .25. BILLING CODE 5001–06–P personal and/or business confidential information provided. Total Burden Hours: 2,758. FOR FURTHER INFORMATION CONTACT: Ms. Obtaining Copies of Proposals: DEPARTMENT OF DEFENSE Patricia Corrigan, Procurement Analyst, Requesters may obtain a copy of the Office of Governmentwide Acquisition information collection documents from Office of the Secretary Policy, GSA, (202) 208–1963 or the General Services Administration, [email protected]. Regulatory Secretariat (MVCB), 1275 Meeting of the Department of Defense Military Family Readiness Council SUPPLEMENTARY INFORMATION: First Street NE., Washington, DC, 20417, telephone (202) 501–4755. Please cite (MFRC) A. Purpose OMB Control No. 9000–0083, AGENCY: Office of the Under Secretary of FAR subpart 9.2 and the associated Qualification Requirements, in all Defense for Personnel and Readiness, clause at FAR 52.209–1, implement the correspondences. Department of Defense. statutory requirements of 10 U.S.C. 2319 Dated: August 17, 2012. ACTION: Notice. and 41 U.S.C. 3311, which allows an William Clark, agency to establish a qualification SUMMARY: Pursuant to Section 10(a), requirement for testing or other quality Acting Director, Federal Acquisition Policy Public Law 92–463, as amended, notice assurance demonstration that must be Division, Office of Governmentwide is hereby given of a forthcoming completed by an offeror before award of Acquisition Policy, Office of Acquisition meeting of the Department of Defense a contract. Under the qualification Policy, Office of Governmentwide Policy. Military Family Readiness Council requirements, an end item, or a [FR Doc. 2012–20998 Filed 8–24–12; 8:45 am] (MFRC). The purpose of the Council component thereof, may be required to BILLING CODE 6820–EP–P meeting is to review the military family be prequalified. The clause at FAR programs which will be the focus for the 52.209–1, Qualification Requirements, Council for next year, and address

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selected concerns of military family ACTION: Notice. Education, 10 U.S.C. 2191, states that organizations. ‘‘the Secretary of Defense shall prescribe The meeting is open to the public, In compliance with Section regulations providing for the award of subject to the availability of space. 3506(c)(2)(A) of the Paperwork fellowships to citizens and nationals of Persons desiring to attend may contact Reduction Act of 1995, the Department the United States who agree to pursue Ms. Melody McDonald at 571–372–0880 of the Air Force announces a graduate degrees in science, engineering or email reinstatement of a public information or other fields of study designated by [email protected] no collection and seeks public comment on the Secretary (of Defense) to be of later than 5:00 p.m. on Wednesday, the provisions thereof. Comments are priority interest to the DoD. Recipients September 12, 2012 to arrange for invited on: (a) Whether the proposed shall be selected on the basis of a parking and escort into the conference collection of information is necessary nationwide competition. The DoD is room inside the Pentagon. for the proper performance of the committed to increasing the number and Interested persons may submit a functions of the agency, including quality of the nation’s scientists and written statement for consideration by whether the information shall have engineers. Application information will the Council. Persons desiring to submit practical utility; (b) the accuracy of the be used for evaluation and selection of a written statement to the Council must agency’s estimate of the burden of the students to be awarded fellowships. notify the point of contact listed in FOR proposed information collection; (c) Failure to respond renders the student FURTHER INFORMATION CONTACT no later ways to enhance the quality, utility, and ineligible for a fellowship. than 5:00 p.m. on Thursday, September clarity of the information to be 13, 2012. collected; and (d) ways to minimize the Affected Public: Individuals or households. DATES: September 20, 2012, from 2:00 burden of the information collection on p.m. to 4:00 p.m. respondents, including through the use Annual Burden Hours: 36,000 hours. ADDRESSES: Pentagon Conference Center of automated collection techniques or Number of Respondents: 3,000. B6 (escorts will be provided from the other forms of information technology. Responses per Respondent: 1. Pentagon Metro entrance). DATES: Consideration will be given to all Average Burden per Response: 12 comments received by October 26, 2012. FOR FURTHER INFORMATION CONTACT: Ms. hours. Melody McDonald or Ms. Betsy Graham, ADDRESSES: You may submit comments, Office of the Deputy Under Secretary of identified by docket number and title, Frequency: Annually. Defense (Military Community & Family by any of the following methods: SUPPLEMENTARY INFORMATION: Policy), 4800 Mark Center Drive • Federal eRulemaking Portal: http:// Alexandria, VA 22350–2300, Room www.regulations.gov. Follow the Summary of Information Collection 3G15. Telephones (571) 372–0880; (571) instructions for submitting comments. • Respondents are students enrolled in 372–0881 and/or email: Mail: Federal Docket Management doctoral programs in science and [email protected]. System Office, 4800 Mark Center Drive, engineering desiring to complete their SUPPLEMENTARY INFORMATION: Meeting East Tower, Suite 02G09, Alexandria, education. The on-line, electronic agenda. VA 22350–3100. application provides information Instructions: All submissions received Thursday, September 20, 2012 necessary for evaluation and selection of must include the agency name, docket fellowships. Welcome & Administrative Remarks. number and title for this Federal Review and Comment on Council Register document. The general policy The NDSEG fellowships allow Action from December meeting. for comments and other submissions recipients to pursue their graduate Priority Areas Briefings. from members of the public is to make studies at whichever United States Office of the Secretary of Defense these submissions available for public institution they choose to attend. The Changes to Family Policy. viewing on the Internet at http:// goal is to provide the United States with Update on Efforts to Evaluate Family www.regulations.gov as they are talented, doctorally trained American Programs. received without change, including any men and women who will lead state of Closing Remarks. personal identifiers or contact the art research projects in disciplines Note: Exact order may vary. information. having the greatest payoff to national defense requirements. Approximately Dated: August 22, 2012. FOR FURTHER INFORMATION CONTACT: To 190–200 3-year fellowships are request more information on this Aaron Siegel, anticipated to be awarded in the fields proposed information collection or to of Aeronautical and Astronautical Alternate OSD Federal Register Liaison obtain a copy of the proposal and Officer, Department of Defense. Engineering, Biosciences, Chemical associated collection instruments, Engineering, Chemistry, Civil [FR Doc. 2012–20987 Filed 8–24–12; 8:45 am] please write to Air Force Office of BILLING CODE 5001–06–P Engineering, Cognitive, Neural, and Scientific Research, ATTN: AFOSR/ Behavioral Sciences, Computer and RSPP, 875 North Randolph Street, Suite Computational Sciences, Electrical DEPARTMENT OF DEFENSE 325, Room 3112, Arlington, VA 22203– Engineering, Geosciences, Material 1768, or email [email protected] or Science and Engineering, Mathematics, Department of the Air Force call AFOSR/RSPP, at 703–588–1779. Mechanical Engineering, Naval Title; Associated Form; and OMB [Docket ID: USAF–2012–0014] Architecture and Ocean Engineering, Number: DoD National Defense Science Oceanography, and Physics. and Engineering Graduate (NDSEG) Proposed Collection; Comment Dated: August 22, 2012. Request Fellowships Program; National Defense Science and Engineering Graduate Aaron Siegel, AGENCY: Department of Defense/ (NDSEG) Fellowship Application; OMB Alternate OSD Federal Register Liaison Department of the Air Force/Air Force Number 0701–0154. Officer, Department of Defense. Office of Scientific Research (DoD/ Needs and Uses: Support of Science, [FR Doc. 2012–21026 Filed 8–24–12; 8:45 am] USAF/AFOSR). Mathematics, and Engineering BILLING CODE 5001–06–P

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DELAWARE RIVER BASIN comment on dockets should also be libraries, the survey estimates are COMMISSION furnished directly to the Project Review nationally-representative. For private Section at the above address or fax school principals, schools, and teachers, Notice of Commission Meeting and number or by email to the survey estimates are representative Public Hearing [email protected]. of private school types. The TFS is a survey of teachers with the main Notice is hereby given that the Individuals in need of an purpose of providing a one-year teacher Delaware River Basin Commission will accommodation as provided for in the attrition rate. The PFS is a survey of hold an informal conference followed Americans with Disabilities Act who principals that assesses how many by a public hearing on Wednesday, wish to attend the informational school principals work in the same September 12, 2012. The hearing will be meeting, conference session or hearings should contact the Commission school as reported a year earlier in part of the Commission’s regularly SASS:2012, how many have moved to scheduled business meeting. The Secretary directly at 609–883–9500 ext. 203 or through the Telecommunications become a principal at another school, conference session and business and how many have left the meeting both are open to the public and Relay Services (TRS) at 711, to discuss how we can accommodate your needs. principalship altogether. Similar to will be held at the Commission’s office earlier TFS collections, the TFS:2013 building located at 25 State Police Agenda Updates. Note that conference items are subject to change sample of 7,000 teachers (drawn using Drive, West Trenton, New Jersey. a sampling design similar to that used The morning conference session will and items scheduled for hearing are occasionally postponed to allow more in earlier TFS collections) is a sub- begin at 11 a.m. and will include sample of the teachers who responded updates by DRBC staff on the Nutrient time for the Commission to consider them. Please check the Commission’s to SASS:2012. The PFS:2013 sample Strategy for the Delaware Estuary and includes all of the approximately 9,800 Implementation of the Basin Plan. Web site, www.drbc.net, closer to the meeting date for changes that may be schools whose principals completed Items for Public Hearing. The subjects questionnaires in SASS:2012. of the public hearing to be held during made after the deadline for filing this DATES: the 1:30 p.m. business meeting on notice. Interested persons are invited to submit comments on or before September 12, 2012 include draft Dated: August 21, 2012. September 26, 2012. dockets for which the names and brief Robert Tudor, ADDRESSES: Written comments descriptions will be posted on the Deputy Executive Director. Commission’s Web site at www.drbc.net regarding burden and/or the collection [FR Doc. 2012–20997 Filed 8–24–12; 8:45 am] activity requirements should be at least 10 days prior to the meeting BILLING CODE 6360–01–P date. Complete draft dockets will be electronically mailed to posted on the Web site ten days prior to [email protected] or mailed to U.S. Department of Education, 400 Maryland the meeting date. Additional public DEPARTMENT OF EDUCATION records relating to the dockets may be Avenue SW., LBJ, Washington, DC examined at the Commission’s offices. 20202–4537. Copies of the proposed Notice of Submission for OMB Review; information collection request may be Please contact William Muszynski at Institute of Education Sciences; 2012– 609–883–9500, extension 221, with any accessed from http://edicsweb.ed.gov, 13 Teacher Follow-Up Survey by selecting the ‘‘Browse Pending docket-related questions. (TFS:2013) and Principal Follow-Up Other Agenda Items. In addition to Collections’’ link and by clicking on Survey (PFS:2013) to the Schools and link number 04872. When you access the public hearings on draft dockets, the Staffing Survey (SASS) agenda for the 1:30 p.m. business the information collection, click on meeting includes the standard business SUMMARY: This request from the ‘‘Download Attachments’’ to view. meeting items: adoption of the Minutes National Center for Education Statistics Written requests for information should of the Commission’s July 11, 2012 (NCES), of the U.S. Department of be addressed to U.S. Department of business meeting, announcements of Education (ED), is for clearance for the Education, 400 Maryland Avenue SW., upcoming meetings and events, a report full scale data collection for the 2012– LBJ, Washington, DC 20202–4537. on hydrologic conditions, reports by the 13 Teacher Follow-up Survey Requests may also be electronically Executive Director and the (TFS:2013) and Principal Follow-up mailed to [email protected] or faxed Commission’s General Counsel, and a Survey (PFS:2013) to the 2011–12 to 202–401–0920. Please specify the public dialogue session. Schools and Staffing Survey complete title of the information Opportunities to Comment. (SASS:2012). The seventh cycle of SASS collection and OMB Control Number Individuals who wish to comment for (2011–12) is currently being conducted when making your request. the record on a hearing item or to and the proposed TFS:2013 will be the Individuals who use a address the Commissioners informally seventh corresponding cycle of TFS, telecommunications device for the deaf during the public dialogue portion of while PFS:2013 will be the second cycle (TDD) may call the Federal Information the meeting are asked to sign up in of PFS. The Schools and Staffing Survey Relay Service (FIRS) at 1–800–877– advance by contacting Ms. Paula (SASS) is an in-depth, nationally- 8339. Schmitt of the Commission staff, at representative survey of first through SUPPLEMENTARY INFORMATION: Section [email protected] or by twelfth grade public and private school 3506 of the Paperwork Reduction Act of phoning Ms. Schmitt at 609–883–9500 teachers, principals, schools, library 1995 (44 U.S.C. Chapter 35) requires ext. 224. Written comment on items media centers, and school districts. that Federal agencies provide interested scheduled for hearing may be submitted Kindergarten teachers in schools with at parties an early opportunity to comment in advance of the meeting date to: least a first grade are also surveyed. For on information collection requests. The Commission Secretary, P.O. Box 7360, traditional public school districts, Director, Information Collection 25 State Police Drive, West Trenton, NJ principals, schools, teachers, and school Clearance Division, Privacy, Information 08628; by fax to Commission Secretary, libraries, the survey estimates are state- and Records Management Services, DRBC at 609–883–9522 or by email to representative. For public charter Office of Management, publishes this [email protected]. Written schools, principals, teachers, and school notice containing proposed information

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collection requests at the beginning of SASS:2012, how many have moved to 20202–4537. Copies of the proposed the Departmental review of the become a principal at another school, information collection request may be information collection. The Department and how many have left the accessed from http://edicsweb.ed.gov, of Education is especially interested in principalship altogether. Similar to by selecting the ‘‘Browse Pending public comment addressing the earlier TFS collections, the TFS:2013 Collections’’ link and by clicking on following issues: (1) Is this collection sample of 7,000 teachers (drawn using link number 04873. When you access necessary to the proper functions of the a sampling design similar to that used the information collection, click on Department; (2) will this information be in earlier TFS collections) is a sub- ‘‘Download Attachments’’ to view. processed and used in a timely manner; sample of the teachers who responded Written requests for information should (3) is the estimate of burden accurate; to SASS:2012. The PFS:2013 sample be addressed to U.S. Department of (4) how might the Department enhance includes all of the approximately 9,800 Education, 400 Maryland Avenue SW., the quality, utility, and clarity of the schools whose principals completed LBJ, Washington, DC 20202–4537. information to be collected; and (5) how questionnaires in SASS:2012. Requests may also be electronically might the Department minimize the mailed to [email protected] or faxed Stephanie Valentine, burden of this collection on the to 202–401–0920. Please specify the respondents, including through the use Acting Director, Information Collection complete title of the information Clearance Division, Privacy, Information and of information technology. Please note collection and OMB Control Number that written comments received in Records Management Services, Office of Management. when making your request. response to this notice will be Individuals who use a [FR Doc. 2012–21045 Filed 8–24–12; 8:45 am] considered public records. telecommunications device for the deaf Title of Collection: 2012–13 Teacher BILLING CODE 4000–01–P (TDD) may call the Federal Information Follow-up Survey (TFS:2013) and Relay Service (FIRS) at 1–800–877– Principal Follow-up Survey (PFS:2013) 8339. to the Schools and Staffing Survey DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: Section (SASS). Notice of Submission for OMB Review; OMB Control Number: 1850–0598. 3506 of the Paperwork Reduction Act of Type of Review: Revision. Institute of Education Sciences; 1995 (44 U.S.C. chapter 35) requires that Total Estimated Number of Annual Education Longitudinal Study 2002 Federal agencies provide interested Responses: 15,469. (ELS:2002) Third Follow-Up parties an early opportunity to comment Total Estimated Number of Annual Postsecondary Transcripts (ELS:2002 on information collection requests. The Burden Hours: 2,876. PETS) and Financial Aid Feasibility Director, Information Collection Abstract: This request from the Study (ELS:2002 FAFS) Clearance Division, Privacy, Information National Center for Education Statistics and Records Management Services, SUMMARY: The Education Longitudinal (NCES), of the U.S. Department of Study of 2002 (ELS:2002) is a nationally Office of Management, publishes this Education (ED), is for clearance for the representative study of two high school notice containing proposed information full scale data collection for the 2012– grade cohorts (spring 2002 tenth-graders collection requests at the beginning of 13 Teacher Follow-up Survey and spring 2004 twelfth-graders) the Departmental review of the (TFS:2013) and Principal Follow-up information collection. The Department Survey (PFS:2013) to the 2011–12 comprising over 16,000 sample members. The study focuses on of Education is especially interested in Schools and Staffing Survey public comment addressing the (SASS:2012). The seventh cycle of SASS achievement growth in mathematics in the high school years and its correlates, following issues: (1) Is this collection (2011–12) is currently being conducted necessary to the proper functions of the and the proposed TFS:2013 will be the the family and school social context of secondary education, transitions from Department; (2) will this information be seventh corresponding cycle of TFS, processed and used in a timely manner; while PFS:2013 will be the second cycle high school to postsecondary education and/or the labor market, and (3) is the estimate of burden accurate; of PFS. The Schools and Staffing Survey (4) how might the Department enhance (SASS) is an in-depth, nationally- experiences during the postsecondary years. Major topics covered for the the quality, utility, and clarity of the representative survey of first through information to be collected; and (5) how twelfth grade public and private school postsecondary years include postsecondary education access, choice, might the Department minimize the teachers, principals, schools, library burden of this collection on the media centers, and school districts. and persistence; baccalaureate and sub- baccalaureate attainment; the work respondents, including through the use Kindergarten teachers in schools with at of information technology. Please note least a first grade are also surveyed. For experiences of the non-college-bound; and other markers of adult status such that written comments received in traditional public school districts, response to this notice will be principals, schools, teachers, and school as family formation, civic participation, and other young adult life course considered public records. libraries, the survey estimates are state- Title of Collection: Education developments. This collection includes representative. For public charter Longitudinal Study 2002 (ELS:2002) the third follow-up 2012 full scale data schools, principals, teachers, and school Third Follow-up Postsecondary collection. libraries, the survey estimates are Transcripts (ELS:2002 PETS) and nationally-representative. For private DATES: Interested persons are invited to Financial Aid Feasibility Study school principals, schools, and teachers, submit comments on or before (ELS:2002 FAFS). the survey estimates are representative September 26, 2012. OMB Control Number: 1850–0652. of private school types. The TFS is a ADDRESSES: Written comments Type of Review: Revision. survey of teachers with the main regarding burden and/or the collection Total Estimated Number of Annual purpose of providing a one-year teacher activity requirements should be Responses: 3,084. attrition rate. The PFS is a survey of electronically mailed to Total Estimated Number of Annual principals that assesses how many [email protected] or mailed to U.S. Burden Hours: 2,382. school principals work in the same Department of Education, 400 Maryland Abstract: The Education Longitudinal school as reported a year earlier in Avenue SW., LBJ, Washington, DC Study of 2002 (ELS:2002) is a nationally

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representative study of two high school FOR FURTHER INFORMATION CONTACT: least seven days in advance of the grade cohorts (spring 2002 tenth-graders Menice Santistevan, Northern New meeting at the telephone number listed and spring 2004 twelfth-graders) Mexico Citizens’ Advisory Board above. Written statements may be filed comprising over 16,000 sample (NNMCAB), 94 Cities of Gold Road, with the Committees either before or members. The study focuses on Santa Fe, NM 87506. Phone (505) 995– after the meeting. Individuals who wish achievement growth in mathematics in 0393; Fax (505) 989–1752 or Email: to make oral statements pertaining to the high school years and its correlates, [email protected]. agenda items should contact Menice the family and school social context of SUPPLEMENTARY INFORMATION: Santistevan at the address or telephone secondary education, transitions from Purpose of the Board: The purpose of number listed above. Requests must be high school to postsecondary education the Board is to make recommendations received five days prior to the meeting and/or the labor market, and to DOE–EM and site management in the and reasonable provision will be made experiences during the postsecondary areas of environmental restoration, to include the presentation in the years. Major topics covered for the waste management, and related agenda. The Deputy Designated Federal postsecondary years include activities. Officer is empowered to conduct the postsecondary education access, choice, Purpose of the Environmental meeting in a fashion that will facilitate and persistence; baccalaureate and sub- Monitoring, Surveillance and the orderly conduct of business. baccalaureate attainment; the work Remediation Committee (EMS&R): The Individuals wishing to make public experiences of the non-college-bound; EMS&R Committee provides a citizens’ comments will be provided a maximum and other markers of adult status such perspective to NNMCAB on current and of five minutes to present their as family formation, civic participation, future environmental remediation comments. and other young adult life course activities resulting from historical Los Minutes: Minutes will be available by developments. Data collections took Alamos National Laboratory operations writing or calling Menice Santistevan at place in 2002, 2004, 2006 (two years out and, in particular, issues pertaining to the address or phone number listed of high school), and now will take place groundwater, surface water and work above. Minutes and other Board in 2012, when most sample members required under the New Mexico documents are on the Internet at: http:// are around 26 years of age. The third Environment Department Order on www.nnmcab.energy.gov/. follow-up field test was conducted in Consent. The EMS&R Committee will Issued at Washington, DC, on August 21, 2011. This submission requests OMB’s keep abreast of DOE–EM and site 2012. approval for the third follow-up 2012 programs and plans. The committee will LaTanya R. Butler, full scale data collection. work with the NNMCAB to provide Acting Deputy Committee Management Stephanie Valentine, assistance in determining priorities and Officer. Acting Director, Information Collection the best use of limited funds and time. [FR Doc. 2012–21037 Filed 8–24–12; 8:45 am] Clearance Division, Privacy, Information and Formal recommendations will be BILLING CODE 6405–01–P Records Management Services, Office of proposed when needed and, after Management. consideration and approval by the full [FR Doc. 2012–21047 Filed 8–24–12; 8:45 am] NNMCAB, may be sent to DOE–EM for DEPARTMENT OF ENERGY BILLING CODE 4000–01–P action. Purpose of the Waste Management Environmental Management Site- (WM) Committee: The WM Committee Specific Advisory Board, Paducah reviews policies, practices and AGENCY: Department of Energy (DOE). DEPARTMENT OF ENERGY procedures, existing and proposed, so as to provide recommendations, advice, ACTION: Notice of open meeting. Environmental Management Site- suggestions and opinions to the Specific Advisory Board, Northern New NNMCAB regarding waste management SUMMARY: This notice announces a Mexico operations at the Los Alamos site. meeting of the Environmental Management Site-Specific Advisory AGENCY: Department of Energy. Tentative Agenda Board (EM SSAB), Paducah. The ACTION: Notice of open meeting. 1. Approval of Agenda Federal Advisory Committee Act (Pub. 2. Approval of Minutes of June 13, 2012 L. 92–463, 86 Stat. 770) requires that SUMMARY: This notice announces a 3. Update from Executive Committee— public notice of this meeting be combined meeting of the Environmental Ralph Phelps announced in the Federal Register. Monitoring, Surveillance and 4. Update from DOE—Ed Worth DATES: Thursday, September 20, 2012, 6 Remediation Committee and Waste 5. Consideration and Action on Fiscal p.m. Management Committee of the Year 2013 Committee Work Plans ADDRESSES: Barkley Centre, 111 Environmental Management Site- 6. 2:45 p.m. Storm Water Management Specific Advisory Board (EM SSAB), Memorial Drive, Paducah, Kentucky Update—Danny Katzman, Los 42001. Northern New Mexico (known locally as Alamos National Security the Northern New Mexico Citizens’ 7. 3:45 p.m. Public Comment Period FOR FURTHER INFORMATION CONTACT: Advisory Board [NNMCAB]). The 8. 4 p.m. Adjourn Reinhard Knerr, Deputy Designated Federal Advisory Committee Act (Pub. Public Participation: The NNMCAB’s Federal Officer, Department of Energy L. 92–463, 86 Stat. 770) requires that EMS&R and WM Committees welcome Paducah Site Office, Post Office Box public notice of this meeting be the attendance of the public at their 1410, MS–103, Paducah, Kentucky announced in the Federal Register. combined committee meeting and will 42001, (270) 441–6825. DATES: Wednesday, September 12, 2012 make every effort to accommodate SUPPLEMENTARY INFORMATION: 2 p.m.–4 p.m. persons with physical disabilities or Purpose of the Board: The purpose of ADDRESSES: NNMCAB Conference special needs. If you require special the Board is to make recommendations Room, 94 Cities of Gold Road, Pojoaque, accommodations due to a disability, to DOE–EM and site management in the NM 87506. please contact Menice Santistevan at areas of environmental restoration,

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waste management and related DEPARTMENT OF ENERGY Type of Meeting: Open and Closed. activities. Proposed Schedule and Agenda: The President’s Council of Advisors on President’s Council of Advisors on Tentative Agenda Science and Technology (PCAST) Science and Technology (PCAST) is • Call to Order, Introductions, Review scheduled to meet in open session on AGENCY: Department of Energy. Friday, September 7, 2012, from 9 a.m.– of Agenda ACTION: Notice of partially-closed 12:30 p.m. • Administrative Issues meeting. Open Portion of Meeting: During this • open meeting, PCAST is tentatively Public Comments (15 minutes) SUMMARY: This notice sets forth the • scheduled to hear from speakers who Adjourn schedule and summary agenda for a will provide information on innovation Breaks Taken as Appropriate. partially closed meeting of the and public private partnerships, and President’s Council of Advisors on innovation inducement prizes. PCAST Public Participation: The EM SSAB, Science and Technology (PCAST), and Paducah, welcomes the attendance of will also receive an update on its study describes the functions of the Council. of the Networking and Information the public at its advisory committee Notice of this meeting is required under meetings and will make every effort to Technology Research and Development the Federal Advisory Committee Act (NITRD) program. Additional accommodate persons with physical (FACA), 5 U.S.C., App. 2. disabilities or special needs. If you information and the agenda, including DATES: Friday, September 7, 2012. any changes that arise, will be posted at require special accommodations due to the PCAST Web site at: http:// a disability, please contact Reinhard ADDRESSES: The meeting will be held at the National Academy of Sciences (in whitehouse.gov/ostp/pcast. Knerr as soon as possible in advance of Closed Portion of the Meeting: PCAST the meeting at the telephone number the Lecture Room), 2101 Constitution Avenue NW., Washington, DC. may hold a closed meeting of listed above. Written statements may be approximately 1 hour with the President FOR FURTHER INFORMATION CONTACT: filed with the Board either before or on September 7, 2012, which must take Information regarding the meeting after the meeting. Individuals who wish place in the White House for the agenda, time, location, and how to to make oral statements pertaining to President’s scheduling convenience and register for the meeting is available on agenda items should contact Reinhard to maintain Secret Service protection. the PCAST Web site at: http:// Knerr at the telephone number listed This meeting will be closed to the whitehouse.gov/ostp/pcast. A live video above. Requests must be received as public because such portion of the webcast and an archive of the webcast soon as possible prior to the meeting meeting is likely to disclose matters that after the event are expected to be and reasonable provision will be made are to be kept secret in the interest of available at http://whitehouse.gov/ostp/ to include the presentation in the national defense or foreign policy under pcast. The archived video will be agenda. The Deputy Designated Federal 5 U.S.C. 552b(c)(1). available within one week of the Officer is empowered to conduct the This notice is being published less meeting. Questions about the meeting meeting in a fashion that will facilitate than 15 days prior to the meeting date should be directed to Dr. Deborah D. the orderly conduct of business. due to programmatic issues, logistical Stine, PCAST Executive Director, by Individuals wishing to make public circumstances, and member’s email at: [email protected]; or comments will be provided a maximum availability. telephone: (202) 456–6006. Please note Public Comments: It is the policy of of five minutes to present their that public seating for this meeting is comments. The EM SSAB, Paducah, the PCAST to accept written public limited and is available on a first-come, comments of any length, and to will hear public comments pertaining to first-served basis. its scope (clean-up standards and accommodate oral public comments SUPPLEMENTARY INFORMATION: The environmental restoration; waste whenever possible. The PCAST expects President’s Council of Advisors on management and disposition; that public statements presented at its Science and Technology (PCAST) is an stabilization and disposition of non- meetings will not be repetitive of advisory group of the nation’s leading stockpile nuclear materials; excess previously submitted oral or written scientists and engineers, appointed by facilities; future land use and long-term statements. the President to augment the science The public comment period for this stewardship; risk assessment and and technology advice available to him meeting will take place on September 7, management; and clean-up science and from inside the White House and from 2012, at a time specified in the meeting technology activities). Comments cabinet departments and other Federal agenda posted on the PCAST Web site outside of the scope may be submitted agencies. See the Executive Order at at http://whitehouse.gov/ostp/pcast. via written statement as directed above. http://www.whitehouse.gov/ostp/pcast. This public comment period is designed Minutes: Minutes will be available by PCAST is consulted about and provides only for substantive commentary on writing or calling Reinhard Knerr at the analyses and recommendations PCAST’s work, not for business address and phone number listed above. concerning a wide range of issues where marketing purposes. Minutes will also be available at the understandings from the domains of Oral Comments: To be considered for following Web site: http:// science, technology, and innovation the public speaker list at the meeting, www.pgdpcab.energy.gov/ may bear on the policy choices before interested parties should register to 2011Meetings.html. the President. PCAST is co-chaired by speak at http://whitehouse.gov/ostp/ Dr. John P. Holdren, Assistant to the pcast, no later than 12:00 p.m. (EDT) on Issued at Washington, DC on August 21, President for Science and Technology, Friday, August 31, 2012. Phone or email 2012. and Director, Office of Science and reservations will not be accepted. To LaTanya R. Butler, Technology Policy, Executive Office of accommodate as many speakers as Acting Deputy Committee Management the President, The White House; and Dr. possible, the time for public comments Officer. Eric S. Lander, President, Broad will be limited to two (2) minutes per [FR Doc. 2012–21038 Filed 8–24–12; 8:45 am] Institute of the Massachusetts Institute person, with a total public comment BILLING CODE 6450–01–P of Technology and Harvard. period of 30 minutes. If more speakers

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register than there is space available on Energy; SC–26/Germantown Building, DEPARTMENT OF ENERGY the agenda, PCAST will randomly select 1000 Independence Avenue SW., speakers from among those who Washington, DC 20585–1290; U.S. Energy Information applied. Those not selected to present Telephone: 301–903–0536 Administration oral comments may always file written SUPPLEMENTARY INFORMATION: Agency Information Collection comments with the committee. Speakers Purpose of Meeting: To provide Extension are requested to bring at least 25 copies advice and guidance on a continuing of their oral comments for distribution basis to the Department of Energy and AGENCY: U.S. Energy Information to the PCAST members. the National Science Foundation on Administration (EIA), Department of Written Comments: Although written scientific priorities within the field of Energy. comments are accepted continuously, basic nuclear science research. ACTION: Notice and request for OMB written comments should be submitted Tentative Agenda: Agenda will review and comment. to PCAST no later than 12:00 p.m. (EDT) include discussions of the following: on August 31, 2012, so that the SUMMARY: The EIA has submitted an comments may be made available to the Friday, September 21, 2012 information collection request to the PCAST members prior to this meeting • Perspectives from Department of OMB for extension under the provisions for their consideration. Information Energy and National Science of the Paperwork Reduction Act of 1995. regarding how to submit comments and Foundation The information collection requests a documents to PCAST is available at • Update from the Department of three-year extension of its Uranium Data http://whitehouse.gov/ostp/pcast in the Energy and National Science Program, OMB Control Number 1905– section entitled ‘‘Connect with PCAST.’’ Foundation’s Nuclear Physics Office 0160. The proposed collection will Please note that because PCAST • Presentation of the Charge for the modify and continue the use of Form operates under the provisions of FACA, Committee of Visitors EIA–851A ‘‘Domestic Uranium all public comments and/or • Status of the Charge for the Production Report (Annual),’’ Form presentations will be treated as public Implementation of the Long Range EIA–851Q ‘‘Domestic Uranium documents and will be made available Plan Production Report (Quarterly),’’ and the for public inspection, including being • Presentation on the NP2010 NRC Form EIA–858 ‘‘Uranium Marketing posted on the PCAST Web site. Report Annual Survey.’’ EIA proposed minor Meeting Accommodations: • Public Comment (10-minute rule) changes to Form EIA–851Q and its Individuals requiring special Note: The NSAC Meeting will be broadcast reporting instructions, and to the accommodation to access this public live on the Internet. You may find out how reporting instructions to Form EIA– meeting should contact Dr. Stine at least to access this broadcast by going to the 851A and Form EIA–858. seven business days prior to the meeting following site prior to the start of the DATES: Comments regarding this so that appropriate arrangements can be meeting: www.tvworldwide.com/events/doe/ proposed information collection must made. 120921. A video record of the meeting be received on or before September 26, including the presentations that are made 2012. If you anticipate that you will be Issued in Washington, DC on August 22, will be archived at this site after the meeting 2012. submitting comments, but find it ends. difficult to do so within the period of LaTanya R. Butler, Public Participation: The meeting is time allowed by this notice, please Acting Deputy Committee Management open to the public. If you would like to advise the DOE Desk Officer at OMB of Officer. file a written statement with the your intention to make a submission as [FR Doc. 2012–21063 Filed 8–24–12; 8:45 am] Committee, you may do so either before soon as possible. The Desk Officer may BILLING CODE 6450–01–P or after the meeting. If you would like be telephoned at 202–395–4718. to make oral statements regarding any of ADDRESSES: Written comments should these items on the agenda, you should DEPARTMENT OF ENERGY be sent to the contact Brenda L. May, 301–903–0536 DOE Desk Officer, Office of Information DOE/NSF Nuclear Science Advisory or [email protected] (email). and Regulatory Affairs, Office of Committee You must make your request for an oral Management and Budget, New statement at least 5 business days before Executive Office Building, Room AGENCY: Department of Energy, Office of the meeting. Reasonable provision will 10102, 735 17th Street NW., Science. be made to include the scheduled oral Washington, DC 20503. ACTION: Notice of open meeting. statements on the agenda. The And to Chairperson of the Committee will Department of Energy, U.S. Energy SUMMARY: This notice announces a conduct the meeting to facilitate the Information Administration, Attn: meeting of the DOE/NSF Nuclear orderly conduct of business. Public Douglas Bonnar, EI–23, Forrestal Science Advisory Committee (NSAC). comment will follow the 10-minute Building, 1000 Independence Avenue The Federal Advisory Committee Act rule. SW., Washington, DC 20585, 202– (Pub. L. 92–463, 86 Stat. 770) requires Minutes: The minutes of the meeting 586–1085, Fax at 202–586–3045, that public notice of these meetings be will be available on the Committee’s Email at [email protected]. announced in the Federal Register. Web site at: http://science.energy.gov/ FOR FURTHER INFORMATION CONTACT: np/nsac Web site for viewing. DATES: Friday, September 21, 2012, 9 Requests for additional information or a.m.–4:30 p.m. Issued in Washington, DC on August 21, copies of the information collection ADDRESSES: Hilton Washington DC 2012. instrument and instructions should be North/Gaithersburg, 620 Perry Parkway, LaTanya R. Butler, directed to Douglas Bonnar at the Gaithersburg, Maryland 20877, 301– Acting Deputy Committee Management contact information given above. Forms 977–8900. Officer. and instructions are also available on FOR FURTHER INFORMATION CONTACT: [FR Doc. 2012–21039 Filed 8–24–12; 8:45 am] the Internet at: http://www.eia.gov/ Brenda L. May, U.S. Department of BILLING CODE 6450–01–P survey/#uranium.

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SUPPLEMENTARY INFORMATION: This Hub located in Weld County, Colorado, maintained by the Secretary of the information collection request contains: all as more fully set forth in the Commission and will receive copies of (1) OMB No.: 1905–0160; (2) application which is on file with the all documents filed by the applicant and Information Collection Request Title: Commission and opens to public by all other parties. A party must submit Uranium Data Program; (3) Type of inspection. The filing may also be 7 copies of filings made with the Request: Extension of a currently viewed on the Web at http:// Commission and must mail a copy to approved collection; (4) Purpose: www.ferc.gov using the ‘‘eLibrary’’ link. the applicant and to every other party in Collects basic data necessary to meet Enter the docket number excluding the the proceeding. Only parties to the EIA’s legislative mandates as well as the last three digits in the docket number proceeding can ask for court review of needs of the Congress, Federal field to access the document. For Commission orders in the proceeding. Government, State and local assistance, please contact FERC Online However, a person does not have to governments, industry, and the general Support at intervene in order to have comments public; (5) Annual Estimated Number of [email protected] or toll considered. The second way to Respondents: 131; (6) Annual Estimated free at (866) 208–3676, or TTY, contact participate is by filing with the Number of Total Responses: 205; (7) (202) 502–8659. Secretary of the Commission, as soon as Annual Estimated Number of Burden Any questions concerning this possible, an original and two copies of Hours: 1,460; (8) Annual Estimated application may be directed to comments in support of or in opposition Reporting and Recordkeeping Cost Francisco Tarin, Director, Regulatory to this project. The Commission will Burden: EIA estimates that there are no Affairs, Colorado Interstate Gas consider these comments in additional costs to respondents Company, L.L.C.; P.O. Box 1087, determining the appropriate action to be associated with the surveys other than Colorado Springs, Colorado 80944 at taken, but the filing of a comment alone the costs associated with the burden (719) 667–7517 or by fax at (719) 667– will not serve to make the filer a party hours. 7534 or Mark A. Minich, General to the proceeding. The Commission’s Statutory Authority: Section 13(b) of Counsel, Colorado Interstate Gas rules require that persons filing the Federal Energy Administration Act Company, L.L.C.; P.O. Box 1087, comments in opposition to the project of 1974, Public Law 93–275, codified at Colorado Springs, Colorado 80944 at provide copies of their protests only to 15 U.S.C. 772(b). (719) 520–4416 or by fax at (719) 520– the party or parties directly involved in Issued in Washington, DC, on August 16, 4415. the protest. 2012. Pursuant to section 157.9 of the Persons who wish to comment only Stephanie Brown, Commission’s rules, 18 CFR 157.9, on the environmental review of this within 90 days of this Notice the project should submit an original and Director, Office of Survey Development and Statistical Integration, U.S. Energy Commission staff will either: complete two copies of their comments to the Information Administration. its environmental assessment (EA) and Secretary of the Commission. [FR Doc. 2012–21020 Filed 8–24–12; 8:45 am] place it into the Commission’s public Environmental commentors will be record (eLibrary) for this proceeding; or placed on the Commission’s BILLING CODE 6450–01–P issue a Notice of Schedule for environmental mailing list, will receive Environmental Review. If a Notice of copies of the environmental documents, DEPARTMENT OF ENERGY Schedule for Environmental Review is and will be notified of meetings issued, it will indicate, among other associated with the Commission’s Federal Energy Regulatory milestones, the anticipated date for the environmental review process. Commission Commission staff’s issuance of the final Environmental commentors will not be environmental impact statement (FEIS) required to serve copies of filed [Docket No. CP12–496–000] or EA for this proposal. The filing of the documents on all other parties. Colorado Interstate Gas Company, EA in the Commission’s public record However, the non-party commentors L.L.C.; Notice of Application for this proceeding or the issuance of a will not receive copies of all documents Notice of Schedule for Environmental filed by other parties or issued by the Take notice that on August 7, 2012, Review will serve to notify federal and Commission (except for the mailing of Colorado Interstate Gas Company, L.L.C. state agencies of the timing for the environmental documents issued by the (CIG), Post Office Box 1087, Colorado completion of all necessary reviews, and Commission) and will not have the right Springs, Colorado 80944, filed in the the subsequent need to complete all to seek court review of the above captioned docket an application federal authorizations within 90 days of Commission’s final order. pursuant to section 7(c) of the Natural the date of issuance of the Commission The Commission strongly encourages Gas Act (NGA) for a certificate of public staff’s FEIS or EA. electronic filings of comments, protests, convenience and necessity authorizing There are two ways to become and interventions in lieu of paper using the construction of its High Plains 2013 involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Expansion Project. The project consists this project. First, any person wishing to www.ferc.gov. Persons unable to file of: (i) A new 7.75 mile, 24-inch diameter obtain legal status by becoming a party electronically should submit an original pipeline, the Lancaster Lateral, in Weld to the proceedings for this project and 14 copies of the protest or County, Colorado; (ii) an overpressure should, on or before the comment date intervention to the Federal Energy protection facility; (iii) two new receipt stated below, file with the Federal Regulatory Commission, 888 First Street meter stations, and (iv) the modification Energy Regulatory Commission, 888 NE., Washington, DC 20426. of existing facilities. Also CIG requests First Street NE., Washington, DC 20426, This filing is accessible online at a predetermination of rolled in rate a motion to intervene in accordance http://www.ferc.gov, using the treatment related to the cost of service with the requirements of the ‘‘eLibrary’’ link and is available for on the new facilities that will allow CIG Commission’s Rules of Practice and review in the Commission’s Public to meet market demand for Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. transportation service on the High and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the Plains System from new natural gas CFR 157.10). A person obtaining party Web site that enables subscribers to processing facilities to the Cheyenne status will be placed on the service list receive email notification when a

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document is added to a subscribed Commission staff will either: complete two copies of their comments to the docket(s). For assistance with any FERC its environmental assessment (EA) and Secretary of the Commission. Online service, please email place it into the Commission’s public Environmental commentors will be [email protected], or call record (eLibrary) for this proceeding, or placed on the Commission’s (866) 208–3676 (toll free). For TTY, call issue a Notice of Schedule for environmental mailing list, will receive (202) 502–8659. Environmental Review. If a Notice of copies of the environmental documents, Comment Date: 5 p.m. Eastern Time Schedule for Environmental Review is and will be notified of meetings on September 10, 2012. issued, it will indicate, among other associated with the Commission’s Dated: August 20, 2012. milestones, the anticipated date for the environmental review process. Commission staff’s issuance of the final Environmental commentors will not be Kimberly D. Bose, environmental impact statement (FEIS) required to serve copies of filed Secretary. or EA for this proposal. The filing of the documents on all other parties. [FR Doc. 2012–20905 Filed 8–24–12; 8:45 am] EA in the Commission’s public record However, the non-party commentors BILLING CODE 6717–01–P for this proceeding or the issuance of a will not receive copies of all documents Notice of Schedule for Environmental filed by other parties or issued by the Review will serve to notify federal and Commission (except for the mailing of DEPARTMENT OF ENERGY state agencies of the timing for the environmental documents issued by the completion of all necessary reviews, and Federal Energy Regulatory Commission) and will not have the right the subsequent need to complete all Commission to seek court review of the federal authorizations within 90 days of Commission’s final order. [Docket No.CP12–497–000] the date of issuance of the Commission Motions to intervene, protests, and staff’s FEIS or EA. comments may be filed electronically Transcontinental Gas Pipe Line There are two ways to become via the internet in lieu of paper; see, 18 Company, LLC; Notice of Application involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the this project. First, any person wishing to Take notice that on August 8, 2012, instructions on the Commission’s Web obtain legal status by becoming a party Transcontinental Gas Pipe Line site under the ‘‘e-Filing’’ link. The to the proceedings for this project Company, LLC (Transco), filed in the Commission strongly encourages should, on or before the comment date above referenced docket an application electronic filings. stated below, file with the Federal Comment Date: 5 p.m. Eastern Time pursuant to section 7 of the Natural Gas Energy Regulatory Commission, 888 on September 10, 2012. Act (NGA) and Part 157 of the First Street NE., Washington, DC 20426, Dated: August 20, 2012. Commission’s regulations, for a motion to intervene in accordance Kimberly D. Bose, authorization to replace approximately with the requirements of the 2,167 feet of existing 30-inch pipeline Commission’s Rules of Practice and Secretary. on Transco’s mainline in East Procedure (18 CFR 385.214 or 385.211) [FR Doc. 2012–20906 Filed 8–24–12; 8:45 am] Brandywine and East Caln Townships, and the Regulations under the NGA (18 BILLING CODE 6717–01–P Chester County, Pennsylvania with a 42- CFR 157.10). A person obtaining party inch pipeline, all as more fully set forth status will be placed on the service list in the application which is on file with maintained by the Secretary of the DEPARTMENT OF ENERGY the Commission and open to public Commission and will receive copies of inspection. The filing is available for Federal Energy Regulatory all documents filed by the applicant and Commission review at the Commission in the Public by all other parties. A party must submit Reference Room or may be viewed on 14 copies of filings made in the [Project No. 14440–000] the Commission’s Web site at http:// proceeding with the Commission and www.ferc.gov using the ‘‘eLibrary’’ link. must mail a copy to the applicant and City of Pendleton, Oregon; Notice of Enter the docket number excluding the to every other party. Only parties to the Application Accepted for Filing and last three digits in the docket number proceeding can ask for court review of Soliciting Comments, Motions To field to access the document. For Commission orders in the proceeding. Intervene, Protests, assistance, contact FERC at However, a person does not have to Recommendations, and Terms and [email protected] or call intervene in order to have comments Conditions toll-free, (886) 208–3676 or TYY, (202) considered. The second way to Take notice that the following 502–8659. participate is by filing with the hydroelectric application has been filed Any questions concerning this Secretary of the Commission, as soon as with the Commission and is available application may be directed to Scott possible, an original and two copies of for public inspection. Turkington, Director Rates & Regulatory, comments in support of or in opposition a. Type of Application: Conduit Transcontinental Gas Pipe Line to this project. The Commission will Exemption. Company, LLC, Post Office Box 1396, consider these comments in b. Project No.: 14440–000. Houston, TX 77251–1396, by telephone determining the appropriate action to be c. Date filed: May 14, 2012. at (713) 215–3391 or by email at taken, but the filing of a comment alone d. Applicant: City of Pendleton, [email protected] and will not serve to make the filer a party Oregon. Stephen A. Hatridge, Senior Counsel, to the proceeding. The Commission’s e. Name of Project: Energy Recovery Transcontinental Gas Pipe Line rules require that persons filing Phase II Project. Company, LLC, Post Office Box 1396, comments in opposition to the project f. Location: The proposed Energy Houston, TX 77251–1396, by telephone provide copies of their protests only to Recovery Phase II Project would be at (713) 215–2312 or by email at the party or parties directly involved in located on a water supply pipeline for [email protected]. the protest. the City of Pendleton in Umatilla Pursuant to Section 157.9 of the Persons who wish to comment only County, Oregon. The land on which all Commission’s rules, 18 CFR 157.9, on the environmental review of this the project structures are located is within 90 days of this Notice the project should submit an original and owned by the applicant.

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g. Filed Pursuant to: Federal Power with a total installed capacity of 60.1 ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Act 16 USC §§ 791a–825r. kilowatts; and (2) appurtenant facilities. AND CONDITIONS,’’ or h. Applicant Contact: Mr. Robb The applicant estimates Well 4 would ‘‘PRESCRIPTIONS;’’ (2) set forth in the Corbett, City of Pendleton, Oregon, 500 have an average annual generation of heading, the name of the applicant and SW Dorian Ave., Pendleton, OR 97801 0.259 gigawatt-hour. the project number of the application to phone (541) 966–0201. Well 8 Development which the filing responds; (3) furnish i. FERC Contact: Robert Bell, (202) the name, address, and telephone 502–6062, [email protected]. The Well 8 development would number of the person protesting or j. Status of Environmental Analysis: consist of: (1) An existing powerhouse intervening; and (4) otherwise comply This application is ready for containing one proposed generating unit with the requirements of 18 CFR environmental analysis at this time, and with an installed capacity of 55.7 385.2001 through 385.2005. All the Commission is requesting kilowatts; and (2) appurtenant facilities. comments, recommendations, terms and comments, reply comments, The applicant estimates that Well 8 conditions or prescriptions must set recommendations, terms and would have an average annual forth their evidentiary basis and conditions, and prescriptions. generation of 0.240 gigawatt-hour. otherwise comply with the requirements k. Deadline for filing responsive The entire project would have a total of 18 CFR 4.34(b). Agencies may obtain documents: Due to the small size of the installed capacity of 234.4 kilowatts and copies of the application directly from proposed project, as well as the resource an average annual generation of 1.012 the applicant. Any of these documents agency consultation letters filed with gigawatt-hours. must be filed by providing the original m. This filing is available for review the application, the 60-day timeframe and seven copies to: The Secretary, and reproduction at the Commission in specified in 18 CFR 4.34(b) for filing all Federal Energy Regulatory Commission, the Public Reference Room, Room 2A, comments, motions to intervene, 888 First Street NE., Washington, DC 888 First Street NE., Washington, DC protests, recommendations, terms and 20426. An additional copy must be sent 20426. The filing may also be viewed on conditions, and prescriptions is to Director, Division of Hydropower shortened to 30 days from the issuance the web at http://www.ferc.gov/docs- filing/elibrary.asp using the ‘‘eLibrary’’ Administration and Compliance, Office date of this notice. All reply comments of Energy Projects, Federal Energy filed in response to comments link. Enter the docket number, P–14440, in the docket number field to access the Regulatory Commission, at the above submitted by any resource agency, address. A copy of any protest or motion Indian tribe, or person, must be filed document. For assistance, call toll-free 1–866–208–3676 or email to intervene must be served upon each with the Commission within 45 days representative of the applicant specified from the issuance date of this notice. [email protected]. For TTY, call (202) 502–8659. A copy is also in the particular application. A copy of Comments, protests, and all other filings in reference to this interventions may be filed electronically available for review and reproduction at the address in item h above. application must be accompanied by via the Internet in lieu of paper; see 18 proof of service on all persons listed in CFR 385.2001(a)(1)(iii) and the n. Development Application—Any qualified applicant desiring to file a the service list prepared by the instructions on the Commission’s web Commission in this proceeding, in site at http://www.ferc.gov/docs-filing/ competing application must submit to the Commission, on or before the accordance with 18 CFR 4.34(b) and efiling.asp. The Commission strongly 385.2010. encourages electronic filings. specified deadline date for the The Commission’s Rules of Practice particular application, a competing Dated: August 20, 2012. and Procedure require all intervenors development application, or a notice of Kimberly D. Bose, filing documents with the Commission intent to file such an application. Secretary. to serve a copy of that document on Submission of a timely notice of intent [FR Doc. 2012–20903 Filed 8–24–12; 8:45 am] each person in the official service list allows an interested person to file the BILLING CODE 6717–01–P for the project. Further, if an intervenor competing development application no files comments or documents with the later than 120 days after the specified Commission relating to the merits of an deadline date for the particular DEPARTMENT OF ENERGY issue that may affect the responsibilities application. Applications for of a particular resource agency, it must preliminary permits will not be Federal Energy Regulatory also serve a copy of the document on accepted in response to this notice. Commission p. Protests or Motions to Intervene— that resource agency. [Docket No. CP12–499–000] l. Description of the project: The Anyone may submit a protest or a Energy Recovery Phase II Project motion to intervene in accordance with East Tennessee Natural Gas, LLC; proposes the following developments: the requirements of Rules of Practice Notice of Request Under Blanket and Procedure, 18 CFR 385.210, Authorization Well 2 Development 385.211, and 385.214. In determining The Well 2 development would the appropriate action to take, the Take notice that on August 9, 2012, consist of: (1) An existing powerhouse Commission will consider all protests East Tennessee Natural Gas, LLC (East containing one proposed generating unit filed, but only those who file a motion Tennessee), 5400 Westheimer Court, with an installed capacity of 118.6 to intervene in accordance with the Houston, Texas 77056–5310, filed in kilowatts; and (2) appurtenant facilities. Commission’s Rules may become a Docket No. CP12–499–000, an The applicant estimates Well 2 would party to the proceeding. Any protests or application pursuant to Sections have an average annual generation of motions to intervene must be received 157.205 and 157.216 of the 0.512 gigawatt-hour. on or before the specified deadline date Commission’s Regulations under the for the particular application. Natural Gas Act (NGA) as amended, to Well 4 Development q. All filings must (1) bear in all abandon in place two standby The Well 4 development would capital letters the title ‘‘PROTEST’’, compressor units and abandon in place consist of: (1) An existing powerhouse ‘‘MOTION TO INTERVENE’’, or remove related appurtenant containing one proposed generating unit ‘‘COMMENTS’’, ‘‘REPLY COMMENTS,’’ equipment at its Glade Spring

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Compressor Station in Washington request. If no protest is filed within the If you have not already done so, those County, Virginia, under East time allowed therefor, the proposed who plan to attend the West region Tennessee’s blanket certificate issued in activity shall be deemed to be technical conference are strongly Docket No. CP82–412–000,1 all as more authorized effective the day after the encouraged to complete the registration fully set forth in the application which time allowed for filing a protest. If a form located at: www.ferc.gov/whats- is on file with the Commission and open protest is filed and not withdrawn new/registration/nat-gas-elec-mkts- to the public for inspection. within 30 days after the allowed time form.asp. There is no deadline to East Tennessee proposes to abandon for filing a protest, the instant request register to attend the conference. The in place two standby 660 horsepower shall be treated as an application for dress code for the conference will be reciprocating natural gas compressor authorization pursuant to Section 7 of business casual. The agenda and units and abandon in place or remove the NGA. roundtable participants for the related appurtenant equipment at the Dated: August 20, 2012. remaining technical conferences will be Glade Spring Compressor Station. East Kimberly D. Bose, issued in supplemental notices at later Tennessee states that the two standby dates. compressor units are outdated and their Secretary. abandonment would have no effect on [FR Doc. 2012–20907 Filed 8–24–12; 8:45 am] The West region technical conference any of East Tennessee’s transportation BILLING CODE 6717–01–P will not be transcribed. However, there customers. East Tennessee also states will be a free audiocast of the that in order to install additional noise conference. The audiocast will allow DEPARTMENT OF ENERGY control equipment and update the two persons to listen to the West region compressor units would require Federal Energy Regulatory technical conference, but not significant capital investment. Further, Commission participate. Anyone with Internet access East Tennessee estimates that it would who desires to listen to the West region cost $15,900,942 to construct these [Docket No. AD12–12–000] conference can do so by navigating to facilities today. www.ferc.gov’s Calendar of Events and Coordination Between Natural Gas and Any questions concerning this locating the West region technical Electricity Markets application may be directed to Lisa A. conference in the Calendar. The West Connolly, General Manager, Rates & Supplemental Notice of Technical region technical conference will contain Certificates, East Tennessee Natural Gas, Conference a link to its audiocast. The Capitol LLC, P.O. Box 1642, Houston, Texas Connection provides technical support 77251–1642, or via telephone at (713) As announced in the Notices issued on July 5, 2012 1 and July 17, 2012,2 the for audiocasts and offers the option of 627–4102, facsimile (713) 627–5947, or listening to the meeting via phone- via email: Federal Energy Regulatory Commission (Commission) staff will hold a technical bridge for a fee. If you have any [email protected]. questions, visit This filing is available for review at conference on Tuesday, August 28, www.CapitolConnection.org or call 703– the Commission or may be viewed on 2012, from 9 a.m. to approximately 5:30 993–3100.4 the Commission’s Web site at http:// p.m. local time to discuss gas-electric www.ferc.gov, using the ‘‘eLibrary’’ link. coordination issues in the West region.3 Information on this and the other Enter the docket number excluding the The agenda and list of roundtable regional technical conferences will also last three digits in the docket number participants for this conference is be posted on the Web site www.ferc.gov/ filed to access the document. For attached. This conference is free of industries/electric/indus-act/electric- assistance, please contact FERC Online charge and open to the public. coord.asp, as well as the Calendar of Support at FERC Commission members may participate Events on the Commission’s Web site [email protected] or call toll-free in the conference. www.ferc.gov. Changes to the agenda or at (866) 206–3676, or, for TTY, contact The West region technical conference list of roundtable participants for the (202) 502–8659. Comments, protests and will be held at the following venue: West region technical conference, if any, interventions may be filed electronically DoubleTree by Hilton Hotel Portland, will be posted on the Web site via the Internet in lieu of paper. See, 18 1000 NE Multnomah Street, Portland, www.ferc.gov/industries/electric/indus- CFR 385.2001(a)(1)(iii) and the OR, 97232, USA, Tel (reservations and act/electric-coord.asp prior to the instructions on the Commission’s Web other information): 1–503–281–6111, 1– conference. 800–996–0510 (toll free). site under the ‘‘e-Filing’’ link. The Commission conferences are Commission strongly encourages 1 accessible under section 508 of the intervenors to file electronically. Coordination between Natural Gas and Electricity Markets, Docket No. AD12–12–000 (July Rehabilitation Act of 1973. For Any person or the Commission’s staff 5, 2012) (Notice Of Technical Conferences) (http:// accessibility accommodations, please may, within 60 days after issuance of elibrary.ferc.gov/idmws/common/ the instant notice by the Commission, opennat.asp?fileID=13023450); 77 FR 41184 (July send an email to [email protected] file pursuant to Rule 214 of the 12, 2012) (http://www.gpo.gov/fdsys/pkg/FR-2012- or call toll free 1–866–208–3372 (voice) 07-12/pdf/2012-16997.pdf). or 202–208–1659 (TTY), or send a FAX Commission’s Procedural Rules (18 CFR 2 Coordination between Natural Gas and to 202–208–2106 with the required 385.214) a motion to intervene or notice Electricity Markets, Docket No. AD12–12–000 (July of intervention and pursuant to Section 17, 2012) (Supplemental Notice Of Technical accommodations. 157.205 of the regulations under the Conferences) (http://elibrary.ferc.gov/idmws/ common/opennat.asp?fileID=13029403). 4 NGA (18 CFR 157.205), a protest to the The audiocast will continue to be available on 3 As indicated in the July 5, 2012 notice, for the Calendar of Events on the Commission’s Web purposes of this technical conference, the West site www.ferc.gov for three months after the 1 20 FERC ¶ 62,413 (1982). region includes the Western Interconnection. conference.

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For more information about this and 20426, (202) 502–8938, Washington, DC 20426, (202) 502–8004, the other regional technical conferences, [email protected];Sarah [email protected]. please contact: Pamela Silberstein, McKinley, Federal Energy Regulatory Dated: August 20, 2012. Federal Energy Regulatory Commission, Commission, 888 First Street NE., Kimberly D. Bose, 888 First Street NE.,Washington, DC Secretary.

Coordination Between Natural Gas and arrangements. Others emphasize the California Public Utilities Electricity markets regionally-based approaches to Commission (CPUC)? 6 Some determine whether this is demand for commenters state that the West already Docket No. AD12–12–000 additional pipeline capacity and engages in substantial outage and West Region—August 28, 2012, services, or whether there are ways the maintenance coordination between the Portland, OR region can better deploy existing electric and pipeline industries. How, if capacity to meet demand growth. Some at all, is the resulting knowledge of Agenda commenters suggest that the pipeline conditions taken into account 9–9:15 Welcome and Opening Commission has a role to play, in terms in electric dispatch and pricing Remarks of possible refinements to its blanket decisions, and how is the resulting 9:15–9:45 Regional Energy certificate process. knowledge of electric system conditions Infrastructure Presentation (FERC While some pipelines offer flexible taken into account in pipeline staff) pipeline and storage services, operational decisions? 9:45–12 First Roundtable Discussion: commenters suggest that more flexibility 2. How does your region approach the Gas-Electric Coordination and Market and additional nomination question of gas infrastructure adequacy? Structures in the West opportunities are needed by operators of Are there reforms to the organized The Western region consists of gas-fired generation in some areas. wholesale electric market rules that bilateral markets, trading hubs, and the Commenters differ on the impact of the CAISO could consider as a possible organized wholesale energy markets of mismatch in the scheduling and means to allow a gas-fired generator to the California ISO (CAISO), and varying delivery timelines between the gas and recover the costs of contracting for gas access to fuel supplies and natural gas electric industries, with some calling for infrastructure expansion needed to storage across several sub-regions. greater harmonization between natural serve electric markets in the region? To Public and non-public utilities may gas trading and transportation what extent do bilateral contracts participate in these markets. nomination and scheduling timelines provide for the recovery of such costs, Commenters in the West stress the need and electricity trading and scheduling both in CAISO and in the areas that do for regional and even sub-regional times within the West, and others not have organized markets? approaches to gas-electric coordination, contending that the gas-electric Commenters like Puget Sound Energy, in light of the different market mismatch presents no significant Inc. (Puget Sound Energy) suggest that structures and mix of resources that co- challenges or that it is a longer-term the immediate need to add exist. The Commission anticipates that issue. infrastructure could be minimized by the differing perspectives of the Pacific Roundtable participants are allowing pipeline capacity release for Northwest, Rocky Mountain, Desert encouraged to be prepared to discuss periods longer than one year at greater Southwest, and California sub-regions the following: than maximum tariff rate.7 What would will be reflected in the discussion of 1. Describe the policies and practices be the advantages and drawbacks to gas-electric coordination topics and in your region that impact the these proposals? challenges. procurement of gas transportation and 3. What types of services offered by Many within the Western region storage capacity purchases by gas-fired natural gas pipelines and storage expect that a significant portion of new generators. What changes do you expect, providers throughout the West would generating capacity installed in the next if any, as the use of gas for electric best meet the needs of gas-fired ten years will use natural gas as its generation increases? Salt River Project generators in the region? Recognizing primary fuel, which has raised concerns in its comments suggests the possible that some pipelines offer additional for some regarding the sufficiency of development of a gas-sharing pool nomination opportunities beyond the pipeline capacity to accommodate this similar to regional electric reserve current standards, would generators like growth in gas-fired generation. sharing pools.5 Would this type of to see additional operating flexibility in Approaches to addressing infrastructure development help to address the pipeline services, and if so, what kind? adequacy also vary across the region. disincentives to long-term gas supply For example, one commenter Some commenters stress the need for and transportation contracting noted by cost recovery mechanisms or other 6 CPUC March 30, 2012 Comments at 7. market enhancements that provide 5 Salt River Project Agricultural Improvement and 7 Puget Sound Energy March 30, 2012 Comments incentives for appropriate fuel Power District March 30, 2012 Comments at 2. at 10.

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recommends that the Commission rules, particularly the Standards of generators to result in greater daily encourage gas storage operators to offer Conduct. fluctuations in gas usage than have been 24-hour service and balancing services. Comments suggest that improving experienced in the past. For example, Another described an ‘‘intermittent gas’’ communications protocols between the the 2012 California Gas Report prepared product conceptually similar to gas and electric industry is one issue by the California Gas and Electric conditional firm electric transmission that may lend itself to more immediate Utilities projects that there will be service.8 Would proposals like these resolution than other gas-electric higher daily fluctuations in gas usage in address generators’ flexibility needs? coordination issues. This panel will the future, associated with the increase Are these ideas feasible in the West, discuss whether there are adequate in renewable generation in the state.11 and, if so, how could they be communication protocols among the What changes in communications and structured? What financial assurances various stakeholders to assure real time data sharing protocols will be would gas pipelines and storage appropriate gas-electric coordination needed to accommodate these expected providers need to provide such and identify potential solutions to any variations? services? issues. 5. Based on the experience in your 4. How diverse (or consistent) are Roundtable participants are region, what aspects of the FERC nomination, scheduling and encouraged to be prepared to discuss Standards of Conduct (which govern the commitment practices across the region? the following: relationship between a transmission How do the regions’ utilities and 1. How are coordination and provider and its marketing function) generators manage the mismatch information-sharing regarding both need to be clarified or potentially between the scheduling and emergency and planned outages revised to improve gas-electric commitment timelines on the electric handled by affected gas and electric communications and coordination? For side in local time and the NAESB entities in the different regions? Are example, Puget Sound Energy standard gas pipeline practices? Are improvements needed? Several entities recommends that the Commission there areas in the West where this is in the Northwest stated that the gas and should clarify that the exception for a more of a problem to generators than electric utility planners in the transmission provider to disclose non- elsewhere? If so, can the gas and electric Northwest have initiated regular public transmission information with its market scheduling timelines be adjusted meetings to address resiliency in a merchant function should not be limited in a way that improves matters for those coordinated manner.10 What kind of solely to an emergency on the regions where it is a problem? coordination occurs and what kind of transmission provider’s system. Rather, information is shared and with whom in Puget Sound Energy suggests that the 12–1:30 Break preparation for extreme events that exception be broadened to include non- 1:30–2:45 Second Roundtable simultaneously and significantly affect emergency situations to prevent an Discussion: Communications/ both the gas and electric sectors. Are emergency and also to permit Coordination/Information-Sharing there any limitations on communication communications to alleviate Each of the sub-regions that make up that seem unnecessarily restrictive? emergencies on a nearby/regional the West has experienced unexpected Should entities coordinate weather transmission provider’s system.12 events that highlighted the need for forecasts? Describe specific non-emergency improved communication and 2. The gas pipelines in California and situations to be covered by the coordination between electric and gas the CAISO have worked to improve suggested clarification to the emergency entities: For example, Denver/the their coordination of planned outages. exception to prohibited Rockies in December 2006; the Pacific What is the impact of electric system communications. Although the Northwest in December 2009; California outages upon the gas system, and vice Standards of Conduct do not restrict in September 2010; and the Southwest versa? Are further changes needed to transmission providers from in February and September 2011.9 allow for the coordination of planned communicating with each other, Western commenters in this proceeding outages? Will the Pipeline Safety, describe how the Standards of Conduct identified possible improvements Regulatory Certainty and Job Creation prevent individuals managing resources including enhanced communication Act of 2011 impose new requirements on a number of transmission systems in during emergency outages, coordination upon inter-industry communication and a region from conferring with each other of maintenance outage scheduling, and coordination? If so, how are the as suggested by Puget Sound Energy. FERC clarification of allowed industries planning for those new 2:45–3 Break information sharing under existing requirements? 3–4:30 Third Roundtable Discussion: 3. Several commenters identified the Reliability 8 Salt River Project Agricultural Improvement and nature of information that currently is The bulk electric system is typically Power District March 30, 2012 Comments at 2; available and shared between gas and planned, as required by the mandatory MidAmerican Energy Holdings Company March 30, electric entities. Is there additional reliability standards, to meet projected 2012 Comments at 15. information that needs to be shared that 9 See ‘‘Investigation of the Controlled Outages of customer demands and system February 18, 2006 by Public Service Company of currently is not being shared, and are all performance criteria, even under single Colorado,’’ Docket No. 06I–118EG, Initial Report to the relevant and necessary parties element contingency conditions. the Colorado Public Utilities Commission by the included? Are the information-sharing Interstate natural gas pipelines are Staff of the Colorado Public Utilities Commission, mechanisms appropriate to the July 7, 2006; ‘‘Plugging Into Natural Gas,’’ http:// planned and expanded to meet firm gas pnucc.org/sites/default/files/ circumstances? Are improvements delivery contracts between the pipelines RidingNorthwestDec2009Event_0.pdf; http:// needed and who should be responsible and one or more shippers. As noted www.cpuc.ca.gov/PUC/events/sanbruno.htm; for implementing improvements? ‘‘Report on Outages and Curtailments During the 4. Parties in the West region expect 11 Southwest Cold Weather Event of February 1–5, ‘‘2012 California Gas Report Prepared by the 2011,’’ http://www.ferc.gov/legal/staff-reports/08- increased reliance on gas-fired California Gas and Electric Utilities,’’ July 2012, at 11; http://www.socalgas.com/regulatory/ 16-11-report.pdf; ‘‘Arizona-Southern California _ Outages on September 8, 2011,’’ http:// 10 Puget Sound Energy March 30, 2012 Comments documents/cgr/2012%20CGR Final.pdf. www.ferc.gov/legal/staff-reports/04-27-2012-ferc- at 6; Northwest Gas Association, et al., March 29, 12 Puget Sound Energy March 30, 2012 Comments nerc-report.pdf. 2012 Comments at 1. at 12–13.

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above, almost all commenters from the the West routinely conduct joint ➢ Ray Miller, Vice President, Pipeline West indicated they expect an increased functional exercises? Management, Kinder Morgan reliance on natural gas generation in the 4:30–5:30 General Discussion of Other Pipelines coming years, due to economic and Region-Specific Issues Affecting ➢ John Moura, Associate Director, national policy factors. Commenters Gas-Electric Coordination Reliability Assessment, NERC ➢ also expressed concerns about the future Electric markets in the West function Liam Noailles, Manager, Market reliability and interdependencies of the differently in California, the Pacific Operations, Xcel Energy ➢ bulk electric system and the interstate Northwest and in the rest of the Western Kent Price, Senior Marketing natural gas pipeline system as the Interconnect. To the extent not Representative, Salt River Project ➢ amount of natural gas-fired generation discussed in the earlier roundtable Pete Richards, Director, Operations, increases. discussions, we’ll discuss these Gas Control & Measurement, Roundtable participants are differences as well as any specific issues Williams—Northwest Pipeline ➢ encouraged to be prepared to discuss of concern to one or more of these sub- Clay Riding, Director Natural Gas the following: regions not touched on earlier. Resources, Puget Sound Energy ➢ Andrew Soto, Senior Managing 1. Is there a need for a minimum level Roundtable Participants: ➢ Counsel, American Gas Association of dependability in the fuel supply for Richard Adams, Executive Director, ➢ Pacific Northwest Utilities Conference Reuben Tavares, Electric Generation gas-fired generators? How would it be System Specialist, California Energy defined, who would define it, and what Committee ➢ Ed Brewer, Vice President, Commission would be the mechanism for ➢ Commercial Operations, Williams— Justin Thompson, Director of accomplishing this? To what extent is Business Support, Arizona Public the dependability of fuel supply a Northwest Pipeline ➢ Will Brown, Director-Commercial, Service Company required specification in standardized ➢ Kinder Morgan West Region Pipelines William Tom, Senior Manager, Day- contract documents for buying and ➢ Ahead Operations, Pacific Gas & selling electricity? Should this be Tina Burnett, Senior Energy Analyst, The Boeing Corporation (on behalf of Electric addressed regionally, and how can it be ➢ Gregory Van Pelt, External Affairs addressed in the regions without Process Gas Consumers Group) ➢ Stefan Byrd, Senior Vice President Manager, California ISO organized markets? What role can or do Commercial and Trading (on behalf of ➢ Craig Williams, Market Interface State Commissions play in defining or MidAmerican Energy Holdings Manager, Western Electricity otherwise supporting requirements for Company) (representing the common Coordinating Council fuel dependability in all of the Western views of Pacific Corp Energy and Kern subregions? [FR Doc. 2012–20904 Filed 8–24–12; 8:45 am] River Gas Transmission) BILLING CODE 6717–01–P 2. Several commenters express ➢ Jan Caldwell, Manager, Marketing concern about whether there are Services, Williams—Northwest particular reliability concerns in areas Pipeline ENVIRONMENTAL PROTECTION that lack underground natural gas ➢ Shelley Corman, Senior Vice AGENCY storage. What tools are available to President, Commercial & Regulatory, regions to manage gas-fired generation Transwestern Pipeline Company [EPA–HQ–OAR–2008–0699; FRL–9721–6] swings and preserve reliability, in areas ➢ John Dagg, Director of Gas without gas storage? What happens Transmission and System Operations, First Draft Documents Related to the when there are events that impact Southern California Gas Company and Review of the National Ambient Air pipeline deliverability in those regions? San Diego Gas & Electric Quality Standards for Ozone ➢ Lynn Dahlberg, Director Marketing 3. To what extent do the regions in AGENCY: Environmental Protection the West coordinate studies of the Services, Williams—Northwest Agency (EPA). natural gas and electric systems to Pipeline ➢ Curtis Dallinger, Director, Gas ACTION: Notice of extension of comment analyze forecasted resource mix and/or period. interdependency risks from Resource Planning, Xcel Energy ➢ Randy Friedman, Director, Gas curtailments or contingencies? Can this SUMMARY: The EPA is announcing an Supply, Northwest Natural Gas be addressed through existing extension of the public comment period ➢ Paul Goldstein, Managing Director, transmission planning processes or are for the first draft assessment documents Sempra U.S. Gas & Power different processes needed? ➢ Roger Graham, Director Wholesale titled, Health Risk and Exposure 4. Commenters from California and Marketing & Business Development, Assessment for Ozone, First External the Northwest highlighted ongoing Pacific Gas & Electric Review Draft; Welfare Risk and coordination efforts that allowed ➢ Steve Harper, Director Gas Supply, Exposure Assessment for Ozone, First participants from the natural gas and Avista Corp. External Review Draft; and Policy electric industries, as well as state ➢ Robert Hayes, Vice President of Assessment for the Review of the Ozone regulators, to assess emergency response Physical Trading and Operations, National Ambient Air Quality plans and provided a forum to discuss Calpine Corporation Standards: First External Review Draft. and implement improvements.13 Are ➢ Tom Haymaker, Slice Manager, Clark The Agency is extending the comment sufficient emergency coordination Public Utilities period by 31 days to provide procedures in place in the West? Are ➢ Lee Hobbs, Senior Vice President, stakeholders and the public adequate these procedures routinely tested TransCanada US Pipelines time to conduct appropriate analysis through functional exercises or ➢ Skip Horvath, President, Natural Gas and prepare meaningful comments on simulations? Should all regions within Supply Association these first draft assessment documents. ➢ Kevin Johnson, Director, Gas Control, The original comment period was to end Kinder Morgan Western Pipelines on September 11, 2012. The extended 13 See, e.g., Northwest Industrial Gas Users March ➢ 30, 2012 Comments at 3; Northwest Gas Dan Kirschner, Executive Director, comment period will now close on Association, et al. March 29, 2012 Comments at 1. Northwest Gas Association October 12, 2012.

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DATES: Comments should be submitted the use of special characters, any form mark the part or all of the information on or before October 12, 2012. of encryption, and be free of any defects that you claim to be CBI. For CBI ADDRESSES: Submit your comments, or viruses. information in a disk or CD ROM that identified by Docket ID No. EPA–HQ– Docket: All documents in the docket you mail to EPA, mark the outside of the OAR–2008–0699, by one of the are listed in the www.regulations.gov disk or CD ROM as CBI and then following methods: index. Although listed in the index, identify electronically within the disk or • www.regulations.gov: Follow the some information is not publicly CD ROM the specific information that is on-line instructions for submitting available, e.g., CBI or other information claimed as CBI. In addition to one comments. whose disclosure is restricted by statute. complete version of the comment that • Email: Comments may be sent by Certain other material, such as includes information claimed as CBI, a electronic mail (email) to a-and-r- copyrighted material, will be publicly copy of the comment that does not [email protected], Attention Docket ID available only in hard copy. Publicly contain the information claimed as CBI No. EPA–HQ–OAR–2008–0699. available docket materials are available must be submitted for inclusion in the • Fax: Fax your comments to 202– either electronically in public docket. Information so marked 566–9744, Attention Docket ID No. www.regulations.gov or in hard copy at will not be disclosed except in EPA–HQ–OAR–2008–0699. the Air Docket in the EPA Docket accordance with procedures set forth in • Mail: Send your comments to: Air Center, EPA West, Room 3334, 1301 40 CFR part 2. and Radiation Docket and Information Constitution Ave. NW., Washington, 2. Tips for Preparing Your Comments. Center, Environmental Protection DC. This Docket Facility is open from When submitting comments, remember Agency, Mailcode: 2822T, 1200 8:30 a.m. to 4:30 p.m. Monday through to: Pennsylvania Ave. NW., Washington, Friday, excluding legal holidays. The • Identify the rulemaking by docket DC 20460, Attention Docket ID No. Docket telephone number is 202–566– number and other identifying EPA–HQ–OAR–2008–0699. 1742; fax 202–566–9744. information (subject heading, Federal • Hand Delivery or Courier: Deliver FOR FURTHER INFORMATION CONTACT: For Register date and page number). your comments to: EPA Docket Center, questions related to the draft document • Follow directions—The agency may 1301 Constitution Ave. NW., Room titled, Health Risk and Exposure ask you to respond to specific questions 3334, Washington, DC. Such deliveries Assessment for Ozone, First External or organize comments by referencing a are only accepted during the Docket’s Review Draft (EPA–452/P–12–001; July Code of Federal Regulations (CFR) part normal hours of operation, and special 2012), please contact Ms. Karen Wesson, or section number. arrangements should be made for Office of Air Quality Planning and • Explain why you agree or disagree; deliveries of boxed information. Standards (Mail code C504–02), U.S. suggest alternatives and substitute Instructions: Direct your comments to Environmental Protection Agency, language for your requested changes. Docket ID No. EPA–HQ–OAR–2008– Research Triangle Park, NC 27711; • Describe any assumptions and 0699. The EPA’s policy is that all email: [email protected]; provide any technical information and/ comments received will be included in telephone: 919–541–3515; fax: 919– or data that you used. the public docket without change and 541–5315. • If you estimate potential costs or may be made available online at For questions related to the draft burdens, explain how you arrived at www.regulations.gov, including any document titled, Welfare Risk and your estimate in sufficient detail to personal information provided, unless Exposure Assessment for Ozone, First allow for it to be reproduced. the comment includes information External Review Draft (EPA–452/P–12– • Provide specific examples to claimed to be Confidential Business 004; July 2012), please contact Dr. illustrate your concerns, and suggest Information (CBI) or other information Travis Smith, Office of Air Quality alternatives. whose disclosure is restricted by statute. Planning and Standards (Mail code • Make sure to submit your Do not submit information that you C539–07), U.S. Environmental comments by the comment period consider to be CBI or otherwise Protection Agency, Research Triangle deadline identified. protected through www.regulations.gov Park, NC 27711; email: SUPPLEMENTARY INFORMATION: Under or email. The www.regulations.gov Web [email protected]; telephone: 919– section 108(a) of the Clean Air Act site is an ‘‘anonymous access’’ system, 541–2035; fax: 919–541–5315. (CAA), the Administrator identifies and which means EPA will not know your For questions related to the draft lists certain pollutants which ‘‘cause or identity or contact information unless document titled, Policy Assessment for contribute to air pollution which may you provide it in the body of your the Review of the Ozone National reasonably be anticipated to endanger comment. If you send an email Ambient Air Quality Standards: First public health or welfare.’’ The EPA then comment directly to EPA without going External Review Draft (EPA–452/P–12– issues air quality criteria for these listed through www.regulations.gov, your 002; August 2012), please contact Ms. pollutants, which are commonly email address will be automatically Susan Lyon Stone, Office of Air Quality referred to as ‘‘criteria pollutants.’’ The captured and included as part of the Planning and Standards (Mail code air quality criteria are to ‘‘accurately comment that is placed in the public C504–06), U.S. Environmental reflect the latest scientific knowledge docket and made available on the Protection Agency, Research Triangle useful in indicating the kind and extent Internet. If you submit an electronic Park, NC 27711; email: of all identifiable effects on public comment, EPA recommends that you [email protected]; telephone: 919– health or welfare which may be include your name and other contact 541–1146; fax: 919–541–0237. expected from the presence of [a] information in the body of your General Information pollutant in the ambient air, in varying comment and with any disk or CD–ROM quantities.’’ Under section 109 of the you submit. If EPA cannot read your A. What should I consider as I prepare CAA, EPA establishes primary (health- comment due to technical difficulties my comments for EPA? based) and secondary (welfare-based) and cannot contact you for clarification, 1. Submitting CBI. Do not submit this National Ambient Air Quality Standards EPA may not be able to consider your information to EPA through (NAAQS) for pollutants for which air comment. Electronic files should avoid www.regulations.gov or email. Clearly quality criteria are issued. Section

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109(d) of the CAA requires periodic Ozone, First External Review Draft. At in a separate notice in the Federal review and, if appropriate, revision of that time, we noted that Chapter 6 of the Register (77 FR 46755). The EPA is also existing air quality criteria. The revised Health Risk and Exposure Assessment soliciting comments from the public on air quality criteria reflect advances in (REA) and quantitative results of these draft documents. Following the scientific knowledge on the effects of ecosystem services modeling in Chapter CASAC meeting and the close of the the pollutant on public health or 6 of the Welfare REA would be made public comment period, EPA will welfare. The EPA is also required to available in a separate submission in consider comments received from the periodically review and revise the August, 2012. CASAC and the public in preparing NAAQS, if appropriate, based on the On August 15, EPA made available revisions to these documents. revised criteria.1 A draft of the updates to the first draft Health and The draft documents briefly described integrated review plan was released for Welfare REAs, along with several above do not represent and should not public review and comment in technical memos and appendices. be construed to represent any final EPA September 2009 and was the subject of Updates to the Health REA include policy, viewpoint, or determination. a consultation with the Clean Air Chapter 6 which describes risk analyses The EPA will consider any public Scientific Advisory Committee (CASAC) based on application of results from comments submitted in response to this on November 13, 2009 (74 FR 54562; human clinical studies, an updated notice when revising the documents. 2 Chapter 9 which incorporates the October 22, 2009). Comments received Dated: August 20, 2012. from that consultation and from the findings from Chapter 6, and several public were considered in finalizing the corrections to other chapters, including Mary Henigin, plan and in beginning the review of the corrected table numbers in Chapter 5, Acting Director, Office of Air Quality Planning air quality criteria. and corrected references in several and Standards. As part of EPA’s review of the locations. Updates to the Welfare REA [FR Doc. 2012–21034 Filed 8–24–12; 8:45 am] primary and secondary ozone (O3) include additional analyses described in BILLING CODE 6560–50–P NAAQS,3 the Agency is conducting Chapter 6 which provide estimates of quantitative assessments characterizing damages from O3 exposure to ecosystem the health and welfare risks associated services related to commercial forests FEDERAL DEPOSIT INSURANCE with exposure to ambient O3. The EPA’s and urban trees, additional discussions CORPORATION plans for conducting these assessments, in Chapter 7 related to the ecosystem including the proposed scope and service analyses in the revised Chapter Notice to All Interested Parties of the methods of the analyses, were presented 6, as well as corrections to maps in Termination of the Receivership of in two planning documents titled, Chapter 4 and corrected references in 10339, Badger State Bank, Cassville, Ozone National Ambient Air Quality several locations. WI Standards: Scope and Methods Plan for In addition, on August 15, 2012 EPA Notice is hereby given that the Federal made available the first draft document Health Risk and Exposure Assessment Deposit Insurance Corporation (‘‘FDIC’’) titled Policy Assessment for the Review and Ozone National Ambient Air as Receiver for Badger State Bank, of the Ozone National Ambient Air Quality Standards: Scope and Methods Cassville, Wisconsin (‘‘the Receiver’’) Quality Standards: First External Plan for Welfare Risk and Exposure intends to terminate its receivership for Review Draft. When final, the Policy Assessment (henceforth, Scope and said institution. The FDIC was 4 Assessment will serve to ‘‘bridge the Methods Plans). These documents were appointed receiver of Badger State Bank. gap’’ between the scientific information released for public comment in April The liquidation of the receivership 2011, and were the subject of a and the judgments required of the assets has been completed. To the extent consultation with the CASAC on May Administrator in determining whether it permitted by available funds and in 19–20, 2011 (76 FR 23809; April 28, is appropriate to retain or revise the accordance with law, the Receiver will 2011). In May 2012, a memo titled, standards. The first draft Policy be making a final dividend payment to Updates to information presented in the Assessment builds upon information proven creditors. Scope and Methods Plans for the Ozone presented in the Integrated Science Based upon the foregoing, the NAAQS Health and Welfare Risk and Assessment of Ozone and Related Receiver has determined that the Exposure Assessments, was made Photochemical Oxidants (Third draft) 5 continued existence of the receivership available that described changes to and the two draft Risk and Exposure will serve no useful purpose. elements of the scope and methods Assessment documents described above. Consequently, notice is given that the plans and provided a brief explanation The first draft Policy Assessment may receivership shall be terminated, to be of each change and the reason for it. be accessed online through EPA’s TTN On July 16, 2012 EPA made available Web site at http://www.epa.gov/ttn/ effective no sooner than thirty days after the first draft documents Health Risk naaqs/standards/ozone/ the date of this Notice. If any person and Exposure Assessment for Ozone, s_o3_index.html. wishes to comment concerning the First External Review Draft and Welfare The EPA is soliciting advice and termination of the receivership, such Risk and Exposure Assessment for recommendations from the CASAC by comment must be made in writing and means of a review of these draft sent within thirty days of the date of 1 See http://www.epa.gov/ttn/naaqs/review.html documents at an upcoming public this Notice to: Federal Deposit for more information on the NAAQS review meeting of the CASAC that will be held Insurance Corporation, Division of process. September 11–13, 2012. Information Resolutions and Receiverships, 2 See http://yosemite.epa.gov/sab/sabproduct.nsf/ about these public meetings, including Attention: Receivership Oversight WebProjectsbyTopicCASAC!OpenView for more Department 32.1, 1601 Bryan Street, information on CASAC activities related to the the dates and locations, was published current O3 NAAQS review. Dallas, TX 75201. 3 See http://www.epa.gov/ttn/naaqs/review.html 5 U.S. EPA. Integrated Science Assessment of No comments concerning the for more information on the NAAQS review Ozone and Related Photochemical Oxidants (Third termination of this receivership will be process. External Review Draft). U.S. Environmental considered which are not sent within 4 EPA–452/P–11–001 and –002; April 2011; Protection Agency, Washington, DC, EPA/600/R– this time frame. Available: http://www.epa.gov/ttn/naaqs/ 10/076C, 2012; Available: http://cfpub.epa.gov/ standards/ozone/s_o3_2008_pd.html ncea/isa/recordisplay.cfm?deid=242490#Download. Federal Deposit Insurance Corporation.

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Dated: August 22, 2012. influenced by foreign governmental controlled carriers and their Robert E. Feldman, priorities or by their access to non- corresponding Commission-issued Executive Secretary. market sources of capital, do not engage Registered Persons Index numbers is set [FR Doc. 2012–20986 Filed 8–24–12; 8:45 am] in unreasonable below-market pricing forth below: BILLING CODE 6714–01–P practices which could disrupt trade or (1) American President Lines, Ltd and harm privately-owned shipping APL Co., Pte. (RPI No. 000240)— companies. Republic of Singapore; The controlled carrier list is not a FEDERAL MARITIME COMMISSION (2) COSCO Container Lines Company, comprehensive list of foreign-owned or Limited (RPI No. 015614)—People’s Controlled Carriers Under the Shipping -controlled ships or ship owners; rather, Republic of China; Act of 1984 it is only a list of ocean common carriers (3) China Shipping Container Lines that are controlled by governments. See Co., Ltd and China Shipping Container August 22, 2012. 46 U.S.C. 40102(8). Thus, tramp Lines (Hong Kong) Co., Limited (RPI No. AGENCY: Federal Maritime Commission. operators and other non-common 019270)—People’s Republic of China; ACTION: Notice. carriers are not included, nor are non- (4) Hainan P O Shipping Co., Ltd. (RPI vessel-operating common carriers, No. 022860)—People’s Republic of SUMMARY: The Federal Maritime regardless of their ownership or control. China. Commission is publishing an updated Since the last publication of this list list of controlled carriers, i.e., ocean on May 10, 2005 (70 FR 24581), the Karen V. Gregory, common carriers operating in U.S.- Commission has newly classified one Secretary. foreign trades that are owned or ocean common carrier as a controlled [FR Doc. 2012–21009 Filed 8–24–12; 8:45 am] controlled by foreign governments. Such carrier, Hainan P O Shipping Co., Ltd. BILLING CODE P carriers are subject to special regulatory (‘‘P O Shipping’’), and removed four oversight by the Commission under the common carriers from the controlled Shipping Act of 1984. carrier list: Ceylon Shipping FEDERAL TRADE COMMISSION FOR FURTHER INFORMATION CONTACT: Corporation (‘‘Ceylon’’); Compagnie [File No. 101 0079] Rebecca A. Fenneman, General Counsel, Nationale Algerienne de Navigation Federal Maritime Commission, 800 (‘‘CNAN’’); Sinotrans Container Lines Cooperativa de Farmacias North Capitol Street NW., Washington, Co., Ltd. (d/b/a Sinolines) (‘‘Sinotrans’’); Puertorriquenas; Analysis of DC 20573, (202) 523–5740. and The Shipping Corporation of India Agreement Containing Consent Order Ltd. (‘‘SCI’’). SUPPLEMENTARY INFORMATION: The to Aid Public Comment Pursuant to 46 CFR 501.23, P O Federal Maritime Commission is Shipping was classified as a controlled AGENCY: Federal Trade Commission. publishing an updated list of controlled carrier on July 23, 2010. ACTION: Proposed Consent Agreement. carriers. Section 3(8) of the Shipping As part of a general review of Act of 1984 (46 U.S.C. 40102(8)), defines common carriers subject to regulation SUMMARY: The consent agreement in this a ‘‘controlled carrier’’ as: by the Commission, Ceylon was matter settles alleged violations of An ocean common carrier that is, or determined to be inactive as of March federal law prohibiting unfair or whose operating assets are, directly or 20, 2012. See 76 FR 70448; FMC Docket deceptive acts or practices or unfair indirectly, owned or controlled by a No. 11–20 Publication of Inaccurate or methods of competition. The attached government, with ownership or control Inactive Ocean Common Carrier Tariffs. Analysis to Aid Public Comment by a government being deemed to exist CNAN has also been removed from describes both the allegations in the for a carrier if— the list, as it no longer operates as an draft complaint and the terms of the (A) A majority of the interest in the ocean common carrier. All CNAN tariffs consent order—embodied in the consent carrier is owned or controlled in any in U.S.-foreign trades were cancelled agreement—that would settle these manner by that government, an agency effective February 24, 2011. allegations. of that government, or a public or Sinotrans is being removed from the private person controlled by that DATES: Comments must be received on list, as it no longer operates as an ocean or before September 20, 2012. government; or common carrier in the U.S.-foreign ADDRESSES: (B) That government has the right to trades, although a related company Interested parties may file a appoint or disapprove the appointment operates as a non-vessel-operating comment online or on paper, by of a majority of the directors, the chief common carriers (‘‘NVOCC’’) in the following the instructions in the operating officer, or the chief executive U.S.-foreign trades. Request for Comment part of the officer of the carrier. SCI is also being removed from the SUPPLEMENTARY INFORMATION section As required by the Shipping Act, list as it no longer does business in the below. Write ‘‘Coopharma, File No. 101 controlled carriers are subject to special U.S.-foreign trades. All SCI tariffs in 0079’’ on your comment, and file your oversight by the Commission. Section U.S.-foreign trades were cancelled comment online at https://ftcpublic. 9(a) of the Shipping Act (46 U.S.C. effective February 21, 2011. commentworks.com/ftc/ 40701(b)), states: China Shipping Container Lines Co., coopharmaconsentument, by following The Federal Maritime Commission, at Ltd. and China Shipping Container the instructions on the web-based form. any time after notice and opportunity Lines (Hong Kong) Company, Ltd. are If you prefer to file your comment on for a hearing, may prohibit the now a single organization (RPI No. paper, mail or deliver your comment to publication or use of a rate, charge, 019270). the following address: Federal Trade classification, rule, or regulation that a It is requested that any other Commission, Office of the Secretary, controlled carrier has failed to information regarding possible Room H–113 (Annex D), 600 demonstrate is just and reasonable. omissions or inaccuracies in this list be Pennsylvania Avenue NW., Washington, Congress enacted these protections to provided to the Commission’s Office of DC 20580. ensure that controlled carries, whose General Counsel. See 46 CFR 501.23. FOR FURTHER INFORMATION CONTACT: marketplace decision-making can be The amended list of currently classified Randall Marks (202–326–2571), FTC,

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Bureau of Competition, 600 In particular, do not include Farmacias Puertorriquen˜ as Pennsylvania Avenue NW., Washington, competitively sensitive information (‘‘Coopharma’’ or ‘‘Respondent’’). The DC 20580. such as costs, sales statistics, agreement settles charges that SUPPLEMENTARY INFORMATION: Pursuant inventories, formulas, patterns, devices, Coopharma violated Section 5 of the to section 6(f) of the Federal Trade manufacturing processes, or customer Federal Trade Commission Act, as Commission Act, 38 Stat. 721, 15 U.S.C. names. amended, 15 U.S.C. 45, by negotiating, 46(f), and § 2.34 the Commission Rules If you want the Commission to give entering into, and implementing of Practice, 16 CFR 2.34, notice is your comment confidential treatment, agreements among its member hereby given that the above-captioned you must file it in paper form, with a pharmacy owners to fix the prices on consent agreement containing a consent request for confidential treatment, and which they contract with third-party order to cease and desist, having been you have to follow the procedure payers in Puerto Rico. filed with and accepted, subject to final explained in FTC Rule 4.9(c), 16 CFR The proposed consent order has been 1 approval, by the Commission, has been 4.9(c). Your comment will be kept placed on the public record for 30 days placed on the public record for a period confidential only if the FTC General to receive comments from interested of thirty (30) days. The following Counsel, in his or her sole discretion, persons. Comments received during this Analysis to Aid Public Comment grants your request in accordance with period will become part of the public describes the terms of the consent the law and the public interest. record. After 30 days, the Commission Postal mail addressed to the agreement, and the allegations in the will review the agreement and the Commission is subject to delay due to comments received, and will decide complaint. An electronic copy of the heightened security screening. As a whether it should withdraw from the full text of the consent agreement result, we encourage you to submit your agreement or make the proposed package can be obtained from the FTC comments online. To make sure that the consent order final. Home Page (for August 21, 2012), on the Commission considers your online The purpose of this analysis is to World Wide Web, at http://www.ftc.gov/ comment, you must file it at https:// facilitate public comment on the os/actions.shtm. A paper copy can be ftcpublic.commentworks.com/ftc/ proposed consent order. The analysis is obtained from the FTC Public Reference coopharmaconsentument by following not intended to constitute an official Room, Room 130–H, 600 Pennsylvania the instructions on the web-based form. interpretation of the agreement and Avenue NW., Washington, DC 20580, If this Notice appears at http://www. proposed consent order, or to modify either in person or by calling (202) 326– regulations.gov/#!home, you also may their terms in any way. Further, the 2222. file a comment through that Web site. proposed consent order has been You can file a comment online or on If you file your comment on paper, entered into for settlement purposes paper. For the Commission to consider write ‘‘Coopharma, File No. 101 0079’’ only and does not constitute an your comment, we must receive it on or on your comment and on the envelope, admission by Respondent that it before September 20, 2012. Write and mail or deliver it to the following violated the law or that the facts alleged ‘‘Coopharma, File No. 101 0079’’ on address: Federal Trade Commission, in the proposed complaint (other than your comment. Your comment— Office of the Secretary, Room H–113 jurisdictional facts) are true. including your name and your state— (Annex D), 600 Pennsylvania Avenue The Proposed Complaint will be placed on the public record of NW., Washington, DC 20580. If possible, this proceeding, including, to the extent submit your paper comment to the Coopharma is a not-for-profit practicable, on the public Commission Commission by courier or overnight corporation organized and doing Web site, at http://www.ftc.gov/os/ service. business as a cooperative under the laws publiccomments.shtm. As a matter of Visit the Commission Web site at of Puerto Rico. Coopharma consists of discretion, the Commission tries to http://www.ftc.gov to read this Notice approximately 300 pharmacy owners remove individuals’ home contact and the news release describing it. The who own roughly 360 community information from comments before FTC Act and other laws that the pharmacies in Puerto Rico. Coopharma placing them on the Commission Web Commission administers permit the members control at least a third of the site. collection of public comments to pharmacies in Puerto Rico and the Because your comment will be made consider and use in this proceeding as organization has a particularly strong public, you are solely responsible for appropriate. The Commission will presence on the western side of the making sure that your comment does consider all timely and responsive main island. not include any sensitive personal public comments that it receives on or Coopharma was established with the information, like anyone’s Social before September 20, 2012. You can find principal purpose of negotiating on Security number, date of birth, driver’s more information, including routine behalf of its members and entering into license number or other state uses permitted by the Privacy Act, in single-signature ‘‘master contracts’’ with identification number or foreign country the Commission’s privacy policy, at payers that bind all Coopharma equivalent, passport number, financial http://www.ftc.gov/ftc/privacy.htm. pharmacies. The proposed complaint account number, or credit or debit card alleges that Coopharma members number. You are also solely responsible Analysis of Agreement Containing negotiated collectively through for making sure that your comment does Consent Order To Aid Public Comment Coopharma to obtain higher not include any sensitive health The Federal Trade Commission has reimbursement rates than its members information, like medical records or accepted, subject to final approval, an were receiving in their individual other individually identifiable health agreement containing a proposed contracts with payers, including information. In addition, do not include consent order with Cooperativa de pharmacy benefits managers and any ‘‘[t]rade secret or any commercial or insurers. financial information which is obtained 1 In particular, the written request for confidential The proposed complaint alleges that from any person and which is privileged treatment that accompanies the comment must Coopharma’s member pharmacies include the factual and legal basis for the request, or confidential,’’ as provided in Section and must identify the specific portions of the restrained competition by jointly 6(f) of the FTC Act, 15 U.S.C. 46(f), and comment to be withheld from the public record. See negotiating and entering into FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). FTC Rule 4.9(c), 16 CFR 4.9(c). agreements with third-party payers.

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Coopharma achieved this result by Caremark contracts; and (3) contacting federal antitrust liability, and that by encouraging its members: (1) To refuse Caremark’s clients. Indeed, Coopharma extension certain subordinate state to deal with third-party payers except took the matter public by placing a entities and private parties exercising through Coopharma; and (2) to threaten newspaper advertisement stating that state-granted powers may be immunized termination, or actually terminate, negotiations with Caremark had failed as well.2 Private parties claiming the contracts with payers that refused to and that, as of May 28, 2009, ‘‘we will protection of this immunity must meet deal with Coopharma on the terms it not continue providing services’’ to two elements. First, private parties must demanded. Caremark patients. demonstrate that the challenged Coopharma collectively negotiated In August 2009, Caremark agreed to conduct was undertaken pursuant to a reimbursement rates with more than ten replace Coopharma’s members’ clearly articulated state policy to payers and has reached agreements on individual contracts with a master displace competition with regulation. behalf of its members with seven of contract with Coopharma. The proposed Second, private parties must show that them. The mere threat of Coopharma complaint alleges that Caremark’s price the challenged conduct has been members’ collective action led two concessions cost it approximately actively supervised by the state.3 The additional payers to pay higher rates. $640,000 in 2009 alone. proposed complaint alleges that neither The proposed complaint alleges that Other Coercive Conduct requirement is satisfied here. Coopharma’s actions caused payers to Puerto Rico has not clearly articulated pay higher reimbursement rates to In addition, the proposed complaint a policy to replace competition with the Coopharma members, and that this price alleges that in at least two instances, the challenged conduct. Law 203 regulates increase ultimately may be passed along mere threat of collective terminations ‘‘collective bargaining’’ between to consumers in the form of higher benefitted individual Coopharma providers of health care services, premium payments, diminished service, pharmacies at a cost of millions of including pharmacies, on the one hand, or reduced coverage. As a result, dollars to third-party payers. and payers, on the other.4 However, Coopharma’s actions caused substantial Coopharma pharmacies obtained higher Law 203 limits collective bargaining to harm to the consumers of Puerto Rico. reimbursement rates from third-party situations where the providers obtain a Coopharma’s conduct was unrelated to payers Medco and Medicare Mucho Mas certificate verifying that they constitute any efficiency-enhancing integration even though negotiations with less than 20 percent of providers in a among its members. Coopharma did not result in a master particular area, do not engage in contract. During its negotiations with Negotiations With CVS-Caremark boycotts, submit to mandatory Medco, Coopharma threatened to pull arbitration in the case of an impasse, As a specific example of Coopharma’s all Coopharma pharmacies out of and comply with certain other misconduct, the proposed complaint Medco’s network. In an attempt to requirements.5 Coopharma has not— alleges that CVS-Caremark prevent such a disruption of its and cannot—satisfy these (‘‘Caremark’’), a pharmacy benefits network, Medco raised the requirements.6 manager operating in Puerto Rico, was reimbursement rates it paid to The proposed complaint also alleges forced to rescind a rate cut and to enter individual Coopharma pharmacies, a that Puerto Rico has not actively into a master contract at a higher rate concession that cost Medco and its supervised Coopharma’s conduct because of the collective action of clients over $2 million between 2007 because no Puerto Rican official has Coopharma members. and 2011. Medicare Mucho Mas, a large exercised the power to review, approve, In 2008, Caremark notified Medicare Advantage payer, also feared or disapprove either the rates in pharmacies throughout the country that that Coopharma could cause a similar Coopharma’s contracts with payers or it was reducing reimbursement on its disruption in its pharmacy network. As the coercive collective action it used to Medicare Part D contracts. Coopharma a result, Medicare Mucho Mas’ obtain them.7 Under Law 203, mobilized its members to collectively pharmacy benefits manager offered a Coopharma has neither sought to resist that rate change. Coopharma higher reimbursement rate to comply with nor satisfied any of the provided its members with a form letter, Coopharma pharmacies. law’s requirements. Even under Law which many sent, rejecting the new Finally, the proposed complaint 239, the Puerto Rico agency charged Medicare Part D contracts and telling alleges that Coopharma attempted to use with the general regulation of Caremark to negotiate rates through collective action to resist a cooperatives, the Corporacion para la Coopharma. Coopharma then informed reimbursement rate reduction by health Supervision y Seguro de Cooperativas Caremark that its members would not insurer Humana. Coopharma attempted accept Caremark’s reimbursement offer to coerce Humana into maintaining its 2 See, e.g., Parker v. Brown, 317 U.S. 341 (1943). and demanded higher rates. Coopharma reimbursement rates by threatening 3 California Retail Liquor Dealers Ass’n v. Midcal also informed certain Caremark clients termination of the individual contracts Aluminum, Inc., 445 U.S. 97, 105 (1980). that Caremark was threatening to and pressuring it into entering into a 4 26 L.P.R.A. § 3101, et seq. terminate pharmacies that did not master contract. When Humana asserted 5 E.g., 26 L.P.R.A. §§ 31.040; 31.050; 31.060. accept Caremark’s rate change. This that Coopharma lacked the legal 6 The Commission is aware that Law 239, which pressure led Caremark to rescind the regulates cooperatives generally, declared that authority to terminate its members’ cooperatives ‘‘shall not be considered conspiracies Part D rate change for the pharmacies contracts, Coopharma encouraged its or cartels to restrict business.’’ 5 L.P.R.A. § 4516 that sent letters rejecting the change. members to terminate their contracts (Law 239, § 20.5). The Commission and the Puerto Coopharma continued to pressure individually. Rico Department of Justice interpret Law 203 Caremark to enter into a master contract (which was passed after Law 239) to supersede Law 239. At the very least, Law 203 imposes additional on all lines of business, including Coopharma Cannot Qualify for State Action Immunity requirements on health care cooperatives, which Medicare Part D. Coopharma used the Coopharma cannot meet. same basic tactics to accomplish this The proposed complaint alleges that 7 Cf. Patrick v. Burget, 486 U.S. 94, 101 (1988) goal, by: (1) Demanding that Caremark Coopharma’s anticompetitive conduct (‘‘The active supervision prong of the Midcal test requires that state officials have and exercise power negotiate exclusively through cannot be shielded by the state action to review particular anticompetitive acts of private Coopharma; (2) threatening that its doctrine. The state action doctrine parties and disapprove those that fail to accord with members would terminate their provides that states are not subject to state policy.’’).

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de Puerto Rico (‘‘COSSEC’’), has no who begin contracting with Coopharma DATES: Submit comments on or before process in place for reviewing and to post them on its Web site. October 26, 2012. cooperatives’ negotiations with payers Paragraphs IV, V, and VI impose ADDRESSES: Submit comments or for approving or disapproving prices various obligations on Coopharma to identified by Information Collection and other terms that result from such report or to provide access to 9000–0026, Change Order Accounting negotiations. information to the Commission to by any of the following methods: • The Proposed Consent Order facilitate its compliance with the Regulations.gov: http:// consent order. Finally, Paragraph VII www.regulations.gov. The proposed consent order is provides that the proposed consent Submit comments via the Federal designed to prevent the continuance order will expire 20 years from the date eRulemaking portal by inputting and recurrence of the illegal conduct it is issued. ‘‘Information Collection 9000–0026, alleged in the proposed complaint, By direction of the Commission. Change Order Accounting’’ under the while allowing Coopharma to engage in heading ‘‘Enter Keyword or ID’’ and legitimate joint conduct. Donald S. Clark, selecting ‘‘Search’’. Select the link Paragraph II prevents Coopharma Secretary. ‘‘Submit a Comment’’ that corresponds from continuing the challenged [FR Doc. 2012–20955 Filed 8–24–12; 8:45 am] with ‘‘Information 9000–0026, Change conduct. Paragraph II.A prohibits BILLING CODE 6750–01–P Order Accounting’’. Follow the Respondent from entering into or instructions provided at the ‘‘Submit a facilitating agreements between or Comment’’ screen. Please include your among any pharmacies: (1) To negotiate DEPARTMENT OF DEFENSE name, company name (if any), and on behalf of any pharmacy with any ‘‘Information Collection 9000–0026, payer; (2) to refuse to deal or threaten GENERAL SERVICES Change Order Accounting’’ on your to refuse to deal with any payer; (3) to ADMINISTRATION attached document. include any term, condition, or • Fax: 202–501–4067. requirement upon which any pharmacy • NATIONAL AERONAUTICS AND Mail: General Services deals, or is willing to deal, with any SPACE ADMINISTRATION Administration, Regulatory Secretariat payer, but not limited to, price terms; or (MVCB), 1275 First Street NE., (4) not to deal individually with any [OMB Control No. 9000–0026; Docket 2012– Washington, DC 20417. ATTN: Hada payer, or not to deal with any payer 0076; Sequence 18] Flowers/IC 9000–0026, Change Order other than through Respondent. Accounting. The other parts of Paragraph II Federal Acquisition Regulation; reinforce these general prohibitions. Instructions: Please submit comments Information Collection; Change Order only and cite Information Collection Paragraph II.B prohibits Respondent Accounting from facilitating exchanges of 9000–0026, Change Order Accounting, information between pharmacies AGENCY: Department of Defense (DOD), in all correspondence related to this concerning whether, and on what terms, General Services Administration (GSA), collection. All comments received will to contract with a payer. Paragraph II.C and National Aeronautics and Space be posted without change to http:// bars attempts to engage in any action Administration (NASA). www.regulations.gov, including any personal and/or business confidential prohibited by Paragraph II.A or II.B, and ACTION: Notice of request for public information provided. Paragraph II.D proscribes encouraging, comments regarding an extension to an suggesting, advising, pressuring, existing OMB clearance. FOR FURTHER INFORMATION CONTACT: Mr. inducing, or attempting to induce any Michael O. Jackson, Procurement person to engage in any action that SUMMARY: Under the provisions of the Analyst, Office of Governmentwide would be prohibited by Paragraphs II.A Paperwork Reduction Act, the Acquisition Policy, GSA, (202) 208– through II.C. Regulatory Secretariat will be 4949, or email at Paragraph III is designed to prevent submitting to the Office of Management [email protected]. the challenged conduct from and Budget (OMB) a request to review SUPPLEMENTARY INFORMATION: reoccurring. Paragraph III.A requires and approve an extension of a Coopharma to send a copy of the previously approved information A. Purpose complaint and consent order to its collection requirement concerning FAR 43.205 allows a contracting members, its management and staff, and change order accounting. officer, whenever the estimated cost of any payers with whom Coopharma has Public comments are particularly a change or series of related changes contracted at any time since January 1, invited on: Whether this collection of under a contract exceeds $100,000, to 2008. Paragraph III.B allows for contract information is necessary for the proper assert the right in the clause at FAR termination if a payer voluntarily performance of functions of the Federal 52.243–6, Change Order Accounting, to submits a request to Coopharma to Acquisition Regulations (FAR), and require the contractor to maintain terminate its contract. Pursuant to such whether it will have practical utility; separate accounts for each change or a request, Paragraph III.B requires whether our estimate of the public series of related changes. Each account Coopharma to terminate, without burden of this collection of information shall record all incurred segregable, penalty, any pre-existing payer is accurate, and based on valid direct costs (less allocable credits) of contracts. Upon receiving such request, assumptions and methodology; ways to work, changed and unchanged, Paragraph III.C requires that Coopharma enhance the quality, utility, and clarity allocable to the change. These accounts notify in writing each pharmacy that of the information to be collected; and are to be maintained until the parties provides services through that contract ways in which we can minimize the agree to an equitable adjustment for the to be terminated. Paragraph III.D burden of the collection of information changes or until the matter is requires Coopharma, for three years, to on those who are to respond, through conclusively disposed of under the distribute a copy of the complaint and the use of appropriate technological Disputes clause. This requirement is consent order to new members, officers, collection techniques or other forms of necessary in order to be able to account directors, and employees, and to payers information technology. properly for costs associated with

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changes in supply and research and DEPARTMENT OF HEALTH AND DATES: Effective on August 23, 2012. development contracts that are HUMAN SERVICES Challenge submission period ends technically complex and incur February 5, 2013, 11:59 p.m. ET. numerous changes. Office of the National Coordinator for FOR FURTHER INFORMATION CONTACT: Health Information Technology; Adam Wong, 202–720–2866. B. Annual Reporting Burden Announcement of Requirements and SUPPLEMENTARY INFORMATION: Registration for Reducing Cancer The estimated annual reporting Among Women of Color Challenge Subject of Challenge Competition burden has decreased from what was published in the Federal Register at 74 AGENCY: Office of the National This challenge is a multidisciplinary FR 18718, on April 24, 2009. The Coordinator for Health Information call to innovators and developers to estimated number of respondents has Technology, HHS. create a mobile device-optimized tool decreased from 8,750 to 200, based on Award Approving Official: Farzad that engages and empowers women to information received from Government Mostashari, National Coordinator for improve the prevention and treatment of organizations most likely to use change Health Information Technology. breast, cervical, uterine, and ovarian order accounting. In addition, the ACTION: Notice. cancer in underserved and minority communities and interfaces with reduction in the number of respondents SUMMARY: Disparities in prevention, provider electronic health records is made possible because of the early treatment, and final outcomes (EHRs). The tool will achieve the improvement in Generally Accepted exist across the spectrum of cancer following: Accounting Principles (GAAP), the use types and are often amplified in • Provide general information of FAR cost principles (FAR subpart women’s health when we look at breast regarding preventive and screening 31.2), and expanded use of Cost cancer and gynecologic cancers— services for breast and gynecologic Accounting Standards (CAS). These primarily cervical, uterine, and ovarian cancers—including, but not limited to, procedures, in most cases, enable the cancer. With over 300,000 new cases benefits, timing, scheduling, and Government to account for the cost of combined and 68,000 deaths annually, location. changes without having to resort to the impact that these cancers have on • Allow for the interface with patient change order accounting. The responses the United States cannot be overstated. health records or provider-sponsored per respondent decreased from 18 to 12, While the incidence and prevalence of patient portals to provide specific based on an estimated monthly these malignancies is as socially and reminders and trigger electronic health submission to the Government, or 12 geographically diverse as our nation, record-based clinical decision support times a year. The estimated hours per they strike minority and underserved regarding the timing of preventive response time of .084 increased to .5, or women with a disproportionate lethality services. 30 minutes. This change is based on a caused by many factors. • Support the storage, viewing, and reassessment of the estimated time In particular, the prevention strategies exchange of complex patient care plans. required to gather and report the for these cancers cross the gambit of In particular, the tool will help accounting information in the format social and technical modalities from strengthen communication among specific to this information collection. radiology (e.g., mammography) to provider care teams, possibly spread out advanced immunotherapy and across large geographic locations, to Respondents: 200. vaccination (e.g., HPV vaccine). The afford optimal remote follow-up (e.g., be Responses per Respondent: 12. clinical communities that treat and care able to send patient information to Annual Responses: 2,400. for these patients is, likewise, among the electronic health records via Direct). broadest group of clinical disciplines • Support patient engagement and Hours per Response: 0.5. that can be aggregated—from primary care giver support to help patients and/ Total Burden Hours: 1,200. care and the surgical specialties to some or their caregivers keep track of complex Obtaining Copies of Proposals: of the most cutting-edge radiation care plans, such as connections to Requesters may obtain a copy of the oncology and medical oncology groups. community health workers, promotores information collection documents from But more importantly, any failure of our de salud, or patient navigators. • the General Services Administration, healthcare system to adequately prevent Be optimized for use on mobile Regulatory Secretariat (MVCB), 1275 one of these cancers is most often a devices. failure to address a myriad of social First Street NE., Washington, DC 20417, Eligibility Rules for Participating in the challenges, from education and access telephone (202) 501–4755. Please cite Competition to health literacy and community OMB Control No. 9000–0026, Change support. To be eligible to win a prize under Order Accounting, in all The ‘‘Reducing Cancer Among this challenge, an individual or entity— correspondence. Women of Color Challenge’’ is a call to (1) Shall have registered to participate Dated: August 14, 2012. developers to create a mobile device- in the competition under the rules William Clark, optimized tool that engages and promulgated by the Office of the Acting Director, Federal Acquisition Policy empowers women to improve the National Coordinator for Health Division, Office of Acquisition Policy, Office prevention and treatment of breast, Information Technology. of Governmentwide Policy. cervical, uterine, and ovarian cancer in (2) Shall have complied with all the [FR Doc. 2012–20742 Filed 8–24–12; 8:45 am] underserved and minority communities requirements under this section. and interfaces with provider electronic (3) In the case of a private entity, shall BILLING CODE 6820–EP–P health records (EHRs). be incorporated in and maintain a The statutory authority for this primary place of business in the United challenge competition is Section 105 of States, and in the case of an individual, the America COMPETES whether participating singly or in a Reauthorization Act of 2010 (Pub. L. group, shall be a citizen or permanent 111–358). resident of the United States.

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(4) May not be a Federal entity or IRS withholding and reporting security threats may be present. ONC Federal employee acting within the requirements, where applicable. may disqualify the app if, in ONC’s scope of their employment. judgment, the app may damage Payment of the Prize (5) Shall not be an HHS employee government or others’ equipment or working on their applications or Prize will be paid by contractor. operating environment. submissions during assigned duty Basis Upon Which Winner Will Be Additional Information hours. Selected (6) Shall not be an employee of Office Ownership of intellectual property is of the National Coordinator for Health The review panel will make selections determined by the following: IT. based upon the following criteria: • Each entrant retains title and full • (7) Federal grantees may not use Patient engagement ownership in and to their submission. • Federal funds to develop COMPETES Quality and accessibility of Entrants expressly reserve all Act challenge applications unless information • intellectual property rights not consistent with the purpose of their Targeted and actionable expressly granted under the challenge grant award. information • agreement. (8) Federal contractors may not use Links to online communities and/or • By participating in the challenge, Federal funds from a contract to develop social media • each entrant hereby irrevocably grants COMPETES Act challenge applications Innovativeness and usability to Sponsor and Administrator a limited, • Non-English language availability or to fund efforts in support of a non-exclusive, royalty free, worldwide, In order for an entry to be eligible to win COMPETES Act challenge submission. license and right to reproduce, this Challenge, it must meet the An individual or entity shall not be publically perform, publically display, following requirements: deemed ineligible because the and use the Submission to the extent 1. General—Contestants must provide individual or entity used Federal necessary to administer the challenge, continuous access to the app, a detailed facilities or consulted with Federal and to publically perform and description of the app, instructions on employees during a competition if the publically display the Submission, how to install and operate the app, and facilities and employees are made including, without limitation, for system requirements required to run the available to all individuals and entities advertising and promotional purposes app (collectively, ‘‘Submission’’). participating in the competition on an relating to the challenge. equitable basis. 2. No HHS or ONC logo—The app Entrants must agree to assume any must not use HHS’ or ONC’s logo or Authority: 15 U.S.C. 3719. and all risks and waive claims against official seal in the Submission, and Dated: August 20, 2012. the Federal Government and its related must not claim endorsement. Farzad Mostashari, 3. Section 508 Compliance— entities, except in the case of willful National Coordinator for Health Information misconduct, for any injury, death, Contestants must acknowledge that they Technology. understand that, as a pre-requisite to damage, or loss of property, revenue, or [FR Doc. 2012–21023 Filed 8–24–12; 8:45 am] any subsequent acquisition by FAR profits, whether direct, indirect, or BILLING CODE 4150–45–P consequential, arising from my contract or other method, they may be participation in this prize contest, required to make their proposed whether the injury, death, damage, or solution compliant with Section 508 DEPARTMENT OF HEALTH AND loss arises through negligence or accessibility and usability requirements HUMAN SERVICES otherwise. at their own expense. Any electronic Entrants must also agree to indemnify information technology that is Centers for Disease Control and the Federal Government against third ultimately obtained by HHS for its use, Prevention development, or maintenance must party claims for damages arising from or [30-Day-12–12LA] related to competition activities. meet Section 508 accessibility and usability standards. Past experience has Registration Process for Participants Agency Forms Undergoing Paperwork demonstrated that it can be costly for Reduction Act Review To register for this challenge solution-providers to ‘‘retrofit’’ participants should either: solutions if remediation is later needed. The Centers for Disease Control and D Access the www.challenge.gov Web The HHS Section 508 Evaluation Prevention (CDC) publishes a list of site and search for the ‘‘Reducing Product Assessment Template, available information collection requests under Cancer Among Women of Color at http://www.hhs.gov/od/vendors/ review by the Office of Management and Challenge’’. index.html, provides a useful roadmap Budget (OMB) in compliance with the D Access the ONC Investing in for developers to review. It is a simple, Paperwork Reduction Act (44 U.S.C. Innovation (i2) Challenge Web site web-based checklist utilized by HHS chapter 35). To request a copy of these at: officials to allow vendors to document requests, call the CDC Reports Clearance Æ http://www.health2con.com/ how their products do or do not meet Officer at (404) 639–7570 or send an devchallenge/challenges/onc-i2- the various Section 508 requirements. email to [email protected]. Send written challenges/ 4. Functionality/Accuracy—A comments to CDC Desk Officer, Office of Æ A registration link for the challenge Submission may be disqualified if the Management and Budget, Washington, can be found on the landing page application fails to function as DC or by fax to (202) 395–5806. Written under the challenge description expressed in the description provided comments should be received within 30 by the user, or if the application days of this notice. Amount of the Prize provides inaccurate or incomplete D First Prize: $85,000 information. Proposed Project D Second Prize: $10,000 5. Security—Submissions must be free Evaluation of the Communities D Third Prize: $5,000 of malware. Contestant agrees that the Putting Prevention to Work (CPPW) Awards may be subject to Federal ONC may conduct testing on the app to National Prevention Media Initiative— income taxes and HHS will comply with determine whether malware or other New—National Center for Chronic

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Disease Prevention and Health CPPW: 28 are funded only for obesity- older. The insights to be gained from Promotion (NCCDPHP), Centers for related initiatives; 11 are funded for this information collection will be Disease Control and Prevention (CDC). both obesity and tobacco initiatives; and valuable to assessing the impact of 11 are funded only for tobacco-related CPPW-related program activities. The Background and Brief Description initiatives. information will specifically be used to The American Recovery and CPPW program efforts are supported assess aided and unaided awareness of Reinvestment Act of 2009 (ARRA) by a National Prevention Media CPPW media efforts, beliefs and allotted $650 million to the Department Initiative. Although originally planned attitudes about obesity, and behaviors of Health and Human Services (HHS) to as a national campaign, CDC determined that encourage active eating and healthy support evidence-based prevention and that the best support for the CPPW living. Results will be used to inform wellness strategies. The cornerstone of communities would be to shift to a the design and delivery of future media the initiative is the Communities localized approach. CDC plans to campaigns. Putting Prevention to Work (CPPW) conduct two cycles of information OMB approval is requested for one Community Program, administered by collection in the 39 target communities year. The estimated burden per response the Centers for Disease Control and that are addressing obesity: the first in is one minute or less for eligibility Prevention (CDC). In March 2010, HHS Fall 2012 and the second in Winter/ screening, five minutes for an made 44 CPPW awards for community- Spring 2013. The target is 6,000 incomplete telephone interview, and 10 based obesity and tobacco preventions completed responses for each cycle of minutes for a complete telephone efforts, followed in September 2010 by data collection. A separate sample will interview. Participation in the telephone additional awards made possible by be drawn for each of the 39 interviews is voluntary and there are no Affordable Care Act (ACA) funding. communities. All information will be costs to respondents other than their Between the two funding sources, there collected through brief telephone time. The total estimated annualized are 50 communities that are part of interviews with adults aged 25 years or burden hours are 2,406.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Adult General Public ≥25 years of age...... Screener for the Community Telephone 22,400 1 1/60 Interview. Community Telephone Interview (incomplete) 400 1 5/60 Community Telephone Interview (complete) 12,000 1 10/60

Dated: August 21, 2012. comments should be received within 30 no source or no regular source of health Ron A. Otten, days of this notice. care and women without health insurance. Director, Office of Scientific Integrity (OSI), Proposed Project Office of the Associate Director for Science, The CDC’s National Breast and Office of the Director, Centers for Disease Minimum Data Elements (MDEs) for Cervical Cancer Early Detection Program Control and Prevention. the National Breast and Cervical Cancer (NBCCEDP) provides screening services [FR Doc. 2012–21033 Filed 8–24–12; 8:45 am] Early Detection Program (NBCCEDP) to underserved women through BILLING CODE 4163–18–P (OMB No. 0920–0571, exp. 11/30/ cooperative agreements with 50 States, 2012)—Extension—National Center for the District of Columbia, 5 U.S. Chronic Disease Prevention and Health Territories, and 11 American Indian/ Promotion (NCCDPHP), Centers for DEPARTMENT OF HEALTH AND Alaska Native tribal programs. The Disease Control and Prevention (CDC). HUMAN SERVICES program was established in response to Centers for Disease Control and Background and Brief Description the Breast and Cervical Cancer Mortality Prevention Many cancer-related deaths in women Prevention Act of 1990. Screening could be avoided by increased services include clinical breast [30-Day-12–0571] utilization of appropriate screening and examinations, mammograms and Pap early detection tests for breast and tests, as well as timely and adequate Agency Forms Undergoing Paperwork diagnostic testing for abnormal results, Reduction Act Review cervical cancer. Mammography is extremely valuable as an early detection and referrals to treatment for cancers The Centers for Disease Control and tool because it can detect breast cancer detected. NBCCEDP awardees collect Prevention (CDC) publishes a list of well before the woman can feel the patient-level screening and tracking data information collection requests under lump, when the cancer is still in an to manage the program and clinical review by the Office of Management and early and more treatable stage. services. A de-identified subset of data Budget (OMB) in compliance with the Similarly, a substantial proportion of on patient demographics, screening tests Paperwork Reduction Act (44 U.S.C. cervical cancer-related deaths could be and outcomes are reported by each Chapter 35). To request a copy of these prevented through the detection and awardee to CDC twice per year. requests, call the CDC Reports Clearance treatment of precancerous lesions. The CDC is requesting OMB approval to Officer at (404) 639–7570 or send an Papanicolaou (Pap) test is the primary collect MDE information for an email to [email protected]. Send written method of detecting both precancerous additional three years. CDC anticipates comments to CDC Desk Officer, Office of cervical lesions as well as invasive a reduction in the overall burden Management and Budget, Washington, cervical cancer. Mammography and Pap estimate due to a decrease in the DC or by fax to (202) 395–5806. Written tests are underused by women who have number of awardees from 68 to 67.

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There are no changes to the currently be modest. CDC will use the information program results to Congress and other approved minimum data elements, to monitor and evaluate NBCCEDP legislative authorities. electronic data collection procedures, or awardees; improve the availability and There are no costs to respondents the estimated burden per response. quality of screening and diagnostic other than their time. The total Because NBCCEDP awardees already services for underserved women; estimated annualized burden hours are collect and aggregate data at the state, develop outreach strategies for women 536. territory and tribal level, the additional who are never or rarely screened for burden of submitting data to CDC will breast and cervical cancer, and report

ESTIMATED ANNUALIZED BURDEN HOURS

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

NBCCEDP Awardees ...... Minimum Data Elements ...... 67 2 4

Dated: August 21, 2012. and it was launched by the Centers for health surveillance information with Ron A. Otten, Disease Control and Prevention (CDC) in other public health jurisdictions, CDC, Director, Office of Scientific Integrity (OSI), 2003. BioSense is a near real-time or other public health partners. The Office of the Associate Director for Science, surveillance system that receives and public health jurisdiction will retain Office of the Directors, Centers for Disease processes electronic healthcare ownership of any data it contributes to Control and Prevention. encounter data from participating public its exclusive secure space within [FR Doc. 2012–21030 Filed 8–24–12; 8:45 am] health jurisdictions’ non-federal BioSense 2.0. BILLING CODE 4163–18–P hospital emergency departments and CDC has agreements with VA, DoD, inpatient facilities in addition to all two national-level private sector clinical United States Department of Defense laboratories, and a private sector health DEPARTMENT OF HEALTH AND (DoD) and Veterans Affairs (VA) information exchange firm to provide HUMAN SERVICES outpatient hospitals and clinics healthcare encounter data to CDC’s nationwide. The BioSense Program also exclusive secure space for the purpose Centers for Disease Control and receives pharmacy data from a private of national public health situation Prevention sector health information exchange firm awareness and syndromic surveillance. [30-Day-12–0824] and laboratory data from two national- These organizations automatically chose level private sector clinical laboratories. to share with CDC when they were Agency Forms Undergoing Paperwork The BioSense Program is in the recruited to submit data to the BioSense Reduction Act Review process of transitioning from the 2.0 cloud environment. Because they are The Centers for Disease Control and original BioSense application to the not required to choose sharing Prevention (CDC) publishes a list of BioSense 2.0 application that has new permissions, collecting already existing information collection requests under governance, a new organizational healthcare encounter data submitted via review by the Office of Management and structure, and a new process for data electronic record transmission from Budget (OMB) in compliance with the submission and management. The them entails no burden hours. Paperwork Reduction Act (44 U.S.C. Association of State and Territorial Whenever possible, the BioSense chapter 35). To request a copy of these Health Officials (ASTHO) has been Program plans to share aggregate-level requests, call (404) 639–7570 or send an funded through a cooperative agreement pharmacy and laboratory data with email to [email protected]. Send written with CDC’s Division of Notifiable public health jurisdictions in the shared comments to CDC Desk Officer, Office of Disease and Healthcare Information space. To participate in the shared Management and Budget, Washington, (DNDHI) within the Public Health space, jurisdiction administrators must DC 20503 or by fax to (202) 395–5806. Surveillance and Informatics Program simply select from drop-down lists to Written comments should be received Office (PHSIPO) of the Office of choose their sharing permissions on the within 30 days of this notice. Surveillance, Epidemiology, and BioSense 2.0 application, and they will Laboratory Services (OSELS) to facilitate have the right at any time to revise the Proposed Project the governance of BioSense 2.0, and level of sharing permissions regarding BioSense 2.0 Recruitment of Data through a contract with a vendor, the data in their secure space. Sources (OMB No. 920–0824, exp. 10/ ASTHO will offer access and use of In order to continue meeting the 31/2012)—Revision—Office of BioSense 2.0 on a voluntary basis to congressional mandate in the BioSense Surveillance, Epidemiology, and state, local, and territorial public health 2.0 application BioSense Program Laboratory Services (OSELS), Public jurisdictions. maintains 3 different types of Health Surveillance and Informatics All data collected by BioSense 2.0 information collection: (1) contact Program Office (PHSIPO) {Proposed} will reside in a cloud-enabled, Web- information (name, telephone number, Centers for Disease Control and based platform that sits in the secure, email address, and street address) Prevention (CDC). private Government Cloud and is in needed for recruitment of participating compliance with the Federal public health jurisdictions to BioSense Background and Brief Description Information Security Management Act. 2.0 each year; (2) one-time collection of The BioSense Program was created by The platform will provide users with an information (name, email address, title, congressional mandate as part of the exclusive secure space as well as tools organizational affiliation, security Public Health Security and Bioterrorism for posting, receiving, controlling, questions, and password) to provide Preparedness and Response Act of 2002, analyzing, and sharing their public access to the BioSense 2.0 cloud and its

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tools for all appropriate users in government, and private sector are 20, 2, share data and at what level of participating jurisdictions and and 3 hours respectively. The public aggregation from a series of drop-down organizations, and (3) collection of health jurisdiction number is an average lists. Estimated annualized burden already existing healthcare encounter divided over three years. We expect it hours for public health jurisdictions is data submitted to the cloud via to be highest for the first year then 2 hours. electronic record transmission from decrease in subsequent years with an VA, DoD, the two national clinical participating public health jurisdictions’ estimated total of 60 jurisdictions over laboratory corporations, and the private non-federal hospitals, VA, DoD, two 3 years. sector health information exchange national-level private sector clinical Applying for access to the BioSense company (federal government and laboratories, and a private sector health 2.0 application is estimated at 5/60th of private sector) automatically chose to information exchange firm. Though a an hour per respondent. This involves a share with CDC when they were large number of electronic records are onetime completion of an online recruited to submit data to the BioSense transmitted from each entity each year, questionnaire. Estimated annualized 2.0 cloud environment. This entails 0 once the automated interfaces are set up burden hours for public health annualized burden hours per for transmission (choosing sharing jurisdictions, federal government, and respondent, because the data is shared permissions), there is no human burden private sector are 17, 3, and 4 hours directly with the CDC BioSense for record transmission. respectively. Program. Recruitment is estimated at 1 hour per Data collection (administering sharing This request is for a 3-year approval. respondent. This encompasses the permissions) is estimated at 5/60th of an There are no costs to survey unstructured conversation between the hour per respondent. This activity respondents other than their time to contractor and the respondent. entails accessing a submenu of the participate. The estimated total Estimated annualized burden hours for BioSense 2.0 cloud-enabled, Web-based annualized burden hours for this data public health jurisdictions, federal platform and choosing with whom to collection is 51 hours.

ESTIMATES OF ANNUALIZED BURDEN HOURS

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

Recruitment

State, Local, and Territorial Public Health Jurisdictions ...... 20 1 1 Federal Government ...... 2 1 1 Private Sector (national clinical laboratory corporations, and a private sector health informa- tion exchange company) ...... 3 1 1

Access to BioSense 2.0 Application

State, Local, and Territorial Public Health Jurisdictions ...... 200 1 5/60 Federal Government ...... 30 1 5/60 Private Sector ...... 50 1 5/60

Data Collection: Administrator Sharing Permissions

State, Local, and Territorial Public Health Jurisdictions ...... 20 1 5/60 Federal Government ...... 2 0 0 Private Sector (national clinical laboratory corporations, and a private sector health informa- tion exchange company) ...... 3 0 0

Dated: August 21, 2012. DEPARTMENT OF HEALTH AND email to [email protected]. Send written Ron A. Otten, HUMAN SERVICES comments to CDC Desk Officer, Office of Director, Office of Scientific Integrity, Office Management and Budget, Washington, of the Associate Director for Science, Office Centers for Disease Control and DC or by fax to (202) 395–5806. Written of the Director, Centers for Disease Control Prevention comments should be received within 30 and Prevention. days of this notice. [30-Day-12–0822] [FR Doc. 2012–21024 Filed 8–24–12; 8:45 am] Proposed Project BILLING CODE 4163–18–P Agency Forms Undergoing Paperwork Reduction Act Review National Intimate Partner and Sexual Violence Survey (OMB No. 0920–0822, The Centers for Disease Control and exp. 09/30/2012)—Revision—National Prevention (CDC) publishes a list of Center for Injury Prevention and Control information collection requests under (NCIPC), Centers for Disease Control review by the Office of Management and and Prevention (CDC). Budget (OMB) in compliance with the Background and Brief Description Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these The health burden of Intimate Partner requests, call the CDC Reports Clearance Violence (IPV), Sexual Violence (SV) Officer at (404) 639–7570 or send an and stalking are substantial. To address

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this important public health problem, in experienced rape in their lifetime. In hotline consult, at least one day of work 2010, CDC implemented the National addition, 44.5% of women and 22.2% of or school missed, and needs for health Intimate Partner and Sexual Violence men experienced sexual violence other care, housing, victim advocate, and legal Survey (NISVS) which produces than rape during their lifetime. services.) national and state level estimates of IPV, Approximately 5 million women and CDC proposes to continue collecting SV and stalking on an annual basis. 1.4 million men in the United States national data that will provide more NISVS uses a dual-frame sampling were stalked in the 12 months prior to detailed and timely information on strategy that includes both landline and the survey. intimate partner violence, sexual cell phone. In 2010, approximately There are also overlaps between violence and stalking victimization in 45.2% of interviews were conducted by stalking and other forms of violence the U.S. The proposed revision to the landline telephone and 54.8% of experienced in intimate relationships; National Intimate Partner and Sexual interviews were conducted using approximately 14% of females who Violence Survey (NISVS) involves no respondent’s cell phone. The overall were stalked by an intimate partner in longer collecting data on special sub- weighted response rate for 2010 data their lifetime also experienced physical populations (i.e. military, American collection was 27.5%. The weighted violence. Approximately 12% of female Indian/Alaskan Native, elderly) and cooperation rate was 81.3%. The victims experienced rape, physical thus focusing the scope of data cooperation rate reflects the proportion violence and stalking by a current or collection to the general population. who agreed to participate in the former intimate partner in their lifetime. The overarching purpose of the interview among those who were Furthermore, 76% of female victims of information collected has not changed. contacted and determined eligible. The intimate partner homicides were stalked A total of 73,318 eligible households cooperation rate obtained for 2010 data by their partners before they were will be screened annually; out of the collection suggests that, once contact killed. households screened, approximately was made and eligibility was The lifetime impact of these types of 58,318 will not consent or agree to determined, the majority of respondents violence on victims is extensive. Nearly participate and 15,000 will complete the chose to participate in the interview. 1 in 3 women and 1 in 10 men in the survey each year. The survey will be In the first year of data collection, United States have experienced rape, conducted among English and/or NISVS data indicated that physical violence and/or stalking by an Spanish speaking male and female approximately 6.9 million women and intimate partner and reported at least adults (18 years and older) living in the 5.6 million men experienced rape, one impact related to experiencing these United States. physical violence and/or stalking by an or other forms of violent behavior There are no costs to respondents intimate partner within the last year. within the relationship (e.g., fear, other than their time. NISVS data also suggested that 18.3% of concern for safety, post-traumatic stress The total estimated annual burden women and 1.4% of men in the U.S. disorder (PTSD) symptom, injury, crisis hours are 9,916.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Households ...... Screened 73,318 1 3/60 Surveyed 15,000 1 25/60

Dated: August 21, 2012. announces the following meeting of the the Institute’s standard grants review Ron A. Otten, aforementioned committee: and funding cycles pertaining to Director, Office of Scientific Integrity (OSI), Times and Dates research issues in occupational safety Office of the Associate Director for Science, and health, and allied areas. Office of the Directors, Centers for Disease 8 a.m.–5 p.m., October 16, 2012 It is the intent of NIOSH to support Control and Prevention. (Closed). broad-based research endeavors in [FR Doc. 2012–21022 Filed 8–24–12; 8:45 am] 8 a.m.–5 p.m., October 17, 2012 keeping with the Institute’s program BILLING CODE 4163–18–P (Closed). goals. This will lead to improved Place: Embassy Suites, 1900 Diagonal understanding and appreciation for the Road, Alexandria, Virginia 22314, magnitude of the aggregate health DEPARTMENT OF HEALTH AND Telephone: (703) 684–5900, Fax: (703) burden associated with occupational HUMAN SERVICES 684–0653. injuries and illnesses, as well as to Status: The meeting will be closed to Centers for Disease Control and support more focused research projects, the public in accordance with Prevention which will lead to improvements in the provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the delivery of occupational safety and Safety and Occupational Health Study health services, and the prevention of Section (SOHSS), National Institute for Determination of the Director, Management Analysis and Services work-related injury and illness. It is Occupational Safety and Health anticipated that research funded will (NIOSH) Office, CDC, pursuant to Public Law 92– 463. promote these program goals. In accordance with section 10(a)(2) of Purpose: The Safety and Occupational Matters To Be Discussed: The meeting the Federal Advisory Committee Act Health Study Section will review, will convene to address matters related (Pub. L. 92–463), the Centers for Disease discuss, and evaluate grant to the conduct of Study Section Control and Prevention (CDC) application(s) received in response to business and for the study section to

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consider safety and occupational health- OMB No.: 0970–0366. to complete the OFA–100 to apply for related grant applications. emergency funds. Description Agenda items are subject to change as Failure to collect this data would priorities dictate. On February 17, 2009, the President Contact Person for More Information: compromise ACF’s ability to monitor signed the American Recovery and Price Connor, Ph.D., Health Scientist, caseload and expenditure data that must Reinvestment Act of 2009 (Recovery NIOSH, CDC, 1600 Clifton Road N.E., increase in order for jurisdictions to Act), which establishes the Emergency Mailstop E–20, Atlanta, Georgia 30333, receive awards under the Emergency Contingency Fund for State TANF Telephone: (404) 498–2511, Fax: (404) Fund. Programs (Emergency Fund) as section 498–2571. 403(c) of the Social Security Act (the Documentation maintenance on The Director, Management Analysis financial reporting for the Emergency and Services Office, has been delegated Act). This legislation provides up to $5 billion to help States, Territories, and Fund is governed by 45 CFR 92.20 and the authority to sign Federal Register 45 CFR 92.42. notices pertaining to announcements of Tribes in fiscal year (FY) 2009 and FY meetings and other committee 2010 that have an increase in assistance ACF is planning to extend the management activities for both the caseloads and basic assistance information collection with the Centers for Disease Control and expenditures, or in expenditures related adjustment to the Estimated Annual Prevention and the Agency for Toxic to short-term benefits or subsidized Burden shown in the table below. Based Substances and Disease Registry. employment. The Recovery Act made on our projections for a lower Estimated additional changes to TANF extending Annual Burden, we have revised the Dated: August 16, 2012. supplemental grants through FY 2010, Elaine L. Baker, Number of Respondents to 6 from its expanding flexibility in the use of TANF previous number of 93 and the Number Director, Management Analysis and Services funds carried over from one fiscal year of Responses per Respondent to 3 from Office, Centers for Disease Control and to the next, and adding a hold-harmless Prevention. its previous number of 5. Because the provision to the caseload reduction Number of Respondents and the [FR Doc. 2012–21013 Filed 8–24–12; 8:45 am] credit for States and Territories serving Number of Responses per Respondents BILLING CODE 4163–18–P more TANF families. have been revised, the Estimated Total The Emergency Fund is intended to Burden Hours is now 432, down from DEPARTMENT OF HEALTH AND build upon and renew the principles of its previous number of 11,160. HUMAN SERVICES work and responsibility that underlie successful welfare reform initiatives. Respondents Administration for Children and The Emergency Fund provides Families resources to States, Territories, and State, Territory, and Tribal agencies Tribes to support work and families administering the Temporary Assistance Submission for OMB Review; during this difficult economic period. for Needy Families (TANF) Program that Comment Request are applying for the Emergency Fund. On July 20, 2009 we issued a Program Title: Emergency Contingency Fund Instruction accompanied by the for Temporary Assistance for Needy Emergency Fund Request Form (OFA– Families (TANF) Programs OFA–100. 100), and instructions for jurisdictions

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

TANF Emergency Fund Request Form, OFA–100 ...... 6 5 24 432

Estimated Total Annual Burden publication of this document in the DEPARTMENT OF HEALTH AND Hours: 432. Federal Register. Therefore, a comment HUMAN SERVICES is best assured of having its full effect Additional Information if OMB receives it within 30 days of Food and Drug Administration Copies of the proposed collection may publication. Written comments and be obtained by writing to the recommendations for the proposed [Docket No. FDA–2010–D–0881] Administration for Children and information collection should be sent Draft Guidance for Industry on Self- Families, Office of Planning, Research directly to the following: Office of Identification of Generic Drug and Evaluation, 370 L’Enfant Management and Budget, Paperwork Facilities, Sites, and Organizations; Promenade, SW., Washington, DC Reduction Project, Fax: 202–395–7285, Availability 20447, Attn: ACF Reports Clearance Email: Officer. All requests should be [email protected]. AGENCY: Food and Drug Administration, identified by the title of the information Attn: Desk Officer for the HHS. collection. Email address: Administration for Children and ACTION: Notice. [email protected]. Families. SUMMARY: The Food and Drug OMB Comment Robert Sargis, Administration (FDA) is announcing the OMB is required to make a decision Reports Clearance Officer. availability of a draft guidance for concerning the collection of information [FR Doc. 2012–21001 Filed 8–24–12; 8:45 am] industry entitled ‘‘Self-Identification of between 30 and 60 days after BILLING CODE 4184–01–P Generic Drug Facilities, Sites, and

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Organizations.’’ On July 9, 2012, the critical and measurable enhancements already familiar to manufacturers Generic Drug User Fee Amendments of to FDA’s generic drugs program. required to register and list. 2012 (GDUFA) (Pub. L. 112–144, Title GDUFA will also significantly improve This draft guidance is being issued III) was signed into law by the global supply chain transparency by consistent with FDA’s good guidance President. GDUFA, designed to speed requiring owners of facilities producing practices regulation (21 CFR 10.115). the delivery of safe and effective generic generic drug products and active The draft guidance, when finalized, will drugs to the public and reduce costs to pharmaceutical ingredients (API) and represent the Agency’s current thinking industry, requires that generic drug certain other sites and organizations that on self-identification of generic drug facilities, sites, and organizations support the manufacture or approval of facilities, sites, and organizations. It around the world provide identification these products to electronically self- does not create or confer any rights for information annually to FDA. This identify with FDA and update that or on any person and does not operate guidance is intended to assist industry information annually. to bind FDA or the public. An as it prepares to meet the self- Self-identification is required for two alternative approach may be used if identification requirement. It explains purposes. First, it is necessary to such approach satisfies the who is required to self-identify, what determine the universe of facilities requirements of the applicable statutes information must be requested, how the required to pay user fees. Once the self- and regulations. identification process has been information should be submitted to II. Comments FDA, and what the penalty is for failure completed, FDA will determine the fees to self-identify. and publish the amounts in the Federal Interested persons may submit to the DATES: Although you can comment on Register. Second, self-identification is a Division of Dockets Management (see any guidance at any time (see 21 CFR central component of an effort to ADDRESSES) either electronic or written 10.115(g)(5)), to ensure that the Agency promote global supply chain comments regarding this document. It is considers your comment on this draft transparency. The information provided only necessary to send one set of guidance before it begins work on the through self-identification will enable comments. Identify comments with the final version of the guidance, submit quick, accurate, and reliable docket number found in brackets in the either electronic or written comments surveillance of generic drugs and heading of this document. Received concerning the proposed collection of facilitate inspections and compliance. comments may be seen in the Division information by October 26, 2012. This guidance is intended to assist of Dockets Management between 9 a.m. Submit either electronic or written human generic drug facilities, sites, and and 4 p.m., Monday through Friday. comments on the draft guidance by organizations by describing how FDA III. Paperwork Reduction Act of 1995 October 26, 2012. will implement the self-identification requirement contained in GDUFA. As Under the Paperwork Reduction Act ADDRESSES: Submit written requests for required by GDUFA, in the coming of 1995 (the PRA) (44 U.S.C. 3501– single copies of the draft guidance to the weeks FDA will issue a self- 3520), Federal agencies must obtain Division of Drug Information, Center for identification requirement notice in the approval from the Office of Management Drug Evaluation and Research, Food Federal Register. The notice will and Budget (OMB) for each collection of and Drug Administration, 10903 New explain that human generic drug information that they conduct or Hampshire Ave., Bldg. 51, rm. 2201, facilities, sites, and organizations are sponsor. ‘‘Collection of information’’ is Silver Spring, MD 20993–0002. Send required to submit identification defined in 44 U.S.C. 3502(3) and 5 CFR one self-addressed adhesive label to information electronically to FDA 1320.3(c) and includes agency requests assist that office in processing your within 60 days. The notice will also list or requirements that members of the requests. See the SUPPLEMENTARY the self-identification information that public submit reports, keep records, or INFORMATION section for electronic must be submitted. FDA is issuing this provide information to a third party. access to the draft guidance document. guidance to assist industry as it prepares Section 3506(c)(2)(A) of the PRA, 44 Submit electronic comments on the to meet the self-identification U.S.C. 3506(c)(2)(A), requires Federal draft guidance to http:// requirement. The guidance explains agencies to provide a 60-day notice in www.regulations.gov. Submit written who is required to self-identify, what the Federal Register for each proposed comments to the Division of Dockets information must be requested, how the collection of information before Management (HFA–305), Food and Drug information should be submitted to submitting the collection to OMB for Administration, 5630 Fishers Lane, rm. FDA, and what the penalty is for failure approval. To comply with this 1061, Rockville, MD 20852. to self-identify. requirement, FDA is publishing this FOR FURTHER INFORMATION CONTACT: To facilitate the implementation of notice of the proposed collection of Jaewon Hong, Center for Drug the self-identification requirement in information set forth in this document. Evaluation and Research (HFD–300), GDUFA, FDA is establishing a new With respect to the collection of Food and Drug Administration, 10903 system for the electronic self- information associated with this draft New Hampshire Ave., Silver Spring, MD identification of generic industry guidance, FDA invites comments on the 20993, 1–866–405–5367 or 301–796– facilities, sites, and organizations. following topics: (1) Whether the 6707. Entities that are required to register and proposed information collected is SUPPLEMENTARY INFORMATION: list under section 510 of the Federal necessary for the proper performance of Food, Drug, and Cosmetic Act or section FDA’s functions, including whether the I. Background 351 of the Public Health Service Act, information will have practical utility; On July 9, 2012, the Generic Drug and those entities required to self- (2) the accuracy of FDA’s estimated User Fee Amendments of 2012 (GDUFA) identify under GDUFA, will submit burden of the proposed information (Pub. L. 112–144, Title III) was signed information separately to the respective collected, including the validity of the into law by the President. GDUFA is systems. Each system will populate its methodology and assumptions used; (3) designed to speed the delivery of safe own database to meet unique ways to enhance the quality, utility, and and effective generic drugs to the public requirements and deadlines. The new clarity of the information collected; and and reduce costs to industry. GDUFA GDUFA system will use the same (4) ways to minimize the burden of enables FDA to assess user fees to fund platform and technical standards information collected on the

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respondents, including through the use All of the facilities, sites, and Registrant Information— of automated collection techniques, organizations listed above are currently Name when appropriate, and other forms of required to register and list except for Registrant D–U–N–S Number information technology. #4. Registrant Contact Information Under GDUFA, and as described in FDA is establishing a new system for Establishment (Facility) Information— Name the draft guidance, electronic self- self-identification of generic industry Establishment Facility D–U–N–S Number identification will be required by all facilities, sites, and organizations. FEI facilities, sites, and organizations Entities that are required to register and Physical address involved in the development and list, and those that are required to self- Type of Business Operations manufacturing of generic drugs identify, will submit information to both Establishment (Facility) Contact Information identified or intended to be identified in systems separately. Each system will an approved or pending FDA generic populate its own database to meet FDA estimates that approximately drug submission. The electronic self- unique requirements and deadlines. 2,650 facilities, sites, and organizations identification requirement applies Although separate, both systems are (‘‘number of respondents’’ in Table 1) equally to all domestic and foreign built on a common process already will submit the self-identification facilities and is independent of the familiar to manufacturers required to information set forth above and obligation to pay user fees. register and list. This will minimize the described in the draft guidance, Generic drug facilities, sites, and cost and effort associated with resulting in approximately 3,000 annual organizations required under GDUFA to compliance. submissions (‘‘total annual responses’’ self-identify include: FDA will use the same electronic in Table 1). Although there will be one 1. Facilities that manufacture, or exchange standards and formats for self- self-identification submission annually intend to manufacture, human generic identification that are used in the Drug by each facility, site, and organization, drug APIs or FDFs, or both. Registration and Listing System (eDRLS) we rounded the estimate upwards to 2. Sites and organizations that including XML file formats, which approximately 3,000 to account for any package the FDF of a human generic conform to message standards for revisions to the submissions, if needed. drug into the primary container/closure Structured Product Labeling (SPL). These estimates are based on FDA’s system and label the primary container/ Facilities, sites, and organizations will database of manufacturers in eDRLS and closure system.1 be able to generate electronic SPL files are consistent with conversations 3. Sites that are identified in a generic in the free eSubmitter tool available on between the Agency and representatives drug submission and pursuant to a FDA’s Web site, or other commercially of regulated industry during the generic contract with the applicant remove the available tools, and submit the files drug user fee negotiations. We also drug from a primary container/closure through FDA’s Electronic Submissions estimate that preparing and submitting system and subdivide the contents into Gateway. Facilities, sites, and this information will take approximately a different primary container/closure organizations will be required to 2.5 hours for each facility (‘‘hours per system. provide Data Universal Numbering response’’ in Table 1). We base this 4. Bioequivalence (BE)/bioavailability System (D–U–N–S) numbers and estimate on the hour burden estimate for (BA) sites that are identified in a generic Facility Establishment Identifiers (FEI) submitting drug registration information drug submission and conduct clinical to enable quick and accurate electronically under eDRLS, as BE/BA testing, bioanalytical testing of identification of registrants as well as approved by OMB under control samples collected from clinical BE/BA facilities, sites, and organizations. They number 0910–0045. Most facilities, testing, and/or in vitro BE testing. will also be required to submit sites, and organizations are familiar 5. Sites that are identified in a generic information about the registrant, facility, with the eDRLS process and already drug submission and perform testing of and SPL file. Requested information have the self-identification information one or more attributes or characteristics will include: available. Entities that are required to of the FDF or the API pursuant to a register would submit this information Document Information— contract with the applicant to satisfy a separately to the eDRLS system, as Type of Document approved by OMB under control current good manufacturing practice ID Root (CGMP) testing requirement (excludes Set ID Root number 0910–0045. sites that are testing for research Version number FDA estimates the burden of this purposes only). Effective Time collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Number of responses per Total annual Hours per Total hours respondents respondent responses response

Generic Drug Facility and Site Electronic Self-Identification (including any revisions to the submission) ...... 2,650 1.13 3,000 2.5 7,500

Total ...... 7,500 1 There are no capital costs or operating and maintenance costs associated with this information collection.

1 Sites and organizations that package the FDF of closure system and label the primary container/ whether or not that packaging is done pursuant to a human generic drug into the primary container/ closure system are considered to be manufacturers, a contract or by the applicant itself.

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IV. Electronic Access Hampshire Ave., Bldg. 51, Rm. 2201, This draft guidance is intended to Persons with access to the Internet Silver Spring, MD 20993–0002. Send provide answers to common questions may obtain the document at either one self-addressed adhesive label to from generic drug industry participants http://www.fda.gov/Drugs/Guidance assist that office in processing your and other interested parties involved in SUPPLEMENTARY ComplianceRegulatoryInformation/ requests. See the the development and/or testing of INFORMATION generic drug products regarding FDA’s Guidances/default.htm or http:// section for electronic access to the draft guidance document. plans for implementing GDUFA. This www.regulations.gov. Submit electronic comments on the draft guidance is being issued consistent Dated: August 17, 2012. draft guidance to http:// with FDA’s good guidance practices Leslie Kux, www.regulations.gov. Submit written regulation (21 CFR 10.115). The draft Assistant Commissioner for Policy. comments to the Division of Dockets guidance, when finalized, will represent [FR Doc. 2012–20946 Filed 8–22–12; 11:15 am] Management (HFA–305), Food and Drug the Agency’s current thinking on BILLING CODE 4160–01–P Administration, 5630 Fishers Lane, Rm. generic drug user fee amendments of 1061, Rockville, MD 20852. 2012. It does not create or confer any FOR FURTHER INFORMATION CONTACT: rights for or on any person and does not DEPARTMENT OF HEALTH AND Jaewon Hong, Center for Drug operate to bind FDA or the public. An HUMAN SERVICES Evaluation and Research, Food and alternative approach may be used if Drug Administration, 10903 New such approach satisfies the Food and Drug Administration Hampshire Ave., Silver Spring, MD requirements of the applicable statutes [Docket No. FDA–2012–D–0880] 20993, 866–405–5367 or 301–796–6707. and regulations. SUPPLEMENTARY INFORMATION: II. Comments Draft Guidance for Industry on Generic I. Background Drug User Fee Amendments of 2012: Interested persons may submit either Questions and Answers; Availability FDA is announcing the availability of written comments regarding this a draft guidance for industry entitled document to the Division of Dockets AGENCY: Food and Drug Administration, ‘‘Generic Drug User Fee Amendments of Management (see ADDRESSES) or HHS. 2012: Questions and Answers.’’ GDUFA electronic comments to http:// ACTION: Notice. (Pub. L. 112–144, Title III) was signed www.regulations.gov. It is only into law by the President on July 9, necessary to send one set of comments. SUMMARY: The Food and Drug 2012. GDUFA is designed to speed the Identify comments with the docket Administration (FDA or Agency) is delivery of safe and effective generic number found in brackets in the announcing the availability of a draft drugs to the public and reduce costs to heading of this document. Received guidance for industry entitled ‘‘Generic industry. GDUFA enables FDA to assess comments may be seen in the Division Drug User Fee Amendments of 2012: user fees to support critical and of Dockets Management between 9 a.m. Questions and Answers.’’ The Generic measurable enhancements to FDA’s and 4 p.m., Monday through Friday, and Drug User Fee Amendments of 2012 generic drugs program. will be posted to the docket at http:// (GDUFA) is designed to speed the GDUFA establishes fees for www.regulations.gov. delivery of safe and effective generic abbreviated new drug applications drugs to the public and reduce costs to (ANDAs), prior approval supplements III. Electronic Access industry. GDUFA enables FDA to assess (PASs) to ANDAs, and drug master files Persons with access to the Internet user fees to support critical and (DMFs), annual facility fees, and a one- may obtain the document at either measurable enhancements to FDA’s time fee for original ANDAs pending http://www.fda.gov/Drugs/Guidance generic drugs program. GDUFA also with FDA on October 1, 2012 (backlog ComplianceRegulatoryInformation/ requires that generic drug facilities, fees). Fees will be incurred for ANDAs Guidances/default.htm or http:// sites, and organizations located around and PASs submitted on or after October www.regulations.gov. the world provide identification 1, 2012. An application fee will also be Dated: August 17, 2012. information annually to FDA. This incurred the first time a DMF is Leslie Kux, referenced in an ANDA or PAS guidance is intended to provide answers Assistant Commissioner for Policy. to common questions from the generic submitted on or after October 1, 2012. [FR Doc. 2012–20944 Filed 8–22–12; 11:15 am] drug industry and other interested FDA plans to publish the fee amounts parties involved in the development for ANDAs, PASs, DMFs, and the BILLING CODE 4160–01–P and/or testing of generic drug products backlog fee in the Federal Register on or before October 31, 2012. regarding the requirements and DEPARTMENT OF HEALTH AND The amount of the annual user fees commitments of GDUFA. HUMAN SERVICES for generic drug facilities will be DATES: Although you can comment on determined after GDUFA program any guidance at any time (see 21 CFR Food and Drug Administration launch. Under GDUFA, facilities, sites, 10.115(g)(5)), to ensure that the Agency and organizations are first required to [Docket No. FDA–2012–N–0882] considers your comment on this draft self-identify. Fees will be determined guidance before it begins work on the after the self-identification process has Generic Drug User Fee Amendments of final version of the guidance, submit been completed, providing FDA 2012; Public Meeting; Request for either electronic or written comments information about the number of Comments on the draft guidance by October 26, facilities that will be required to pay 2012. AGENCY: Food and Drug Administration, user fees. These include facilities HHS. ADDRESSES: Submit written requests for manufacturing, or intending to ACTION: Notice of public meeting; single copies of the draft guidance to the manufacture, active pharmaceutical request for comments. Division of Drug Information, Center for ingredients of human generic drugs and/ Drug Evaluation and Research, Food or finished dosage form human generic SUMMARY: The Food and Drug and Drug Administration, 10903 New drugs. Administration (FDA) is announcing a

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public meeting to discuss Attendance and Registration: If you found on the FDA Web site at http:// implementation of the Generic Drug wish to attend and/or present at the www.fda.gov/gdufa. User Fee Amendments of 2012 meeting, please register for the meeting The purpose of this meeting is to (GDUFA). GDUFA requires that generic and/or make a request for oral discuss recent communications that presentation by email to drug manufacturers pay user fees to provide greater detail on FDA’s GDUFA finance critical and measurable generic [email protected] by implementation plans. These drug program enhancements and also September 14, 2012. Your email should communications are published requires that generic drug facilities, contain complete contact information sites, and organizations around the for each attendee, including name, title, elsewhere in this issue of the Federal world provide identification affiliation, address, email address, and Register and include the following: information annually to FDA. The telephone number. Registration is free • Draft Guidance for Industry Generic purpose of the public meeting is to and will be on a first-come, first-served Drug User Fee Amendments of 2012: discuss recent communications basis. Early registration is recommended Questions and Answers (available at concerning GDUFA implementation and because seating is limited. (FDA may http://www.fda.gov/gdufa) limit the number of participants from to provide an opportunity for the public • Draft Guidance for Industry Self- each organization, as well as the total to present views on these materials. Identification of Generic Drug Facilities, DATES: The public meeting will be held number of participants, based on space limitations.) Registrants will receive Sites, and Organizations (available at on September 21, 2012, from 9 a.m. to http://www.fda.gov/gdufa) 1 p.m. confirmation once they have been accepted. Onsite registration on the day • Federal Register Notice of ADDRESSES: The public meeting will be of the meeting will be based on the Opportunity To Withdraw Abbreviated held at the FDA White Oak Campus, availability of space. New Drug Applications To Avoid 10903 New Hampshire Ave., Bldg. 2, We will try to accommodate all Backlog Fee Obligations (available at Rm. 2047, Silver Spring, MD 20993. persons who wish to make a http://www.fda.gov/gdufa) Entrance for the public meeting presentation. Those making oral participants (non-FDA employees) is presentations at the meeting should The meeting will provide an overview through Building 1 where routine submit to the docket a brief summary of of these communications and an security check procedures will be the presentation (or questions), opportunity for public input. performed. For parking and security including the discussion topic(s) that II. Meeting Organization information, please refer to http:// will be addressed and the approximate www.fda.gov/AboutFDA/ time requested for your presentation. In general, the meeting format will WorkingatFDA/BuildingsandFacilities/ The time allotted for presentations will include presentations by FDA, a panel WhiteOakCampusInformation/ depend on the number of persons who discussion with stakeholder groups, ucm241740.htm. wish to speak. If you need special individual public testimony, and an FOR FURTHER INFORMATION CONTACT: accommodations because of a disability, opportunity for questions and answers Mary Gross, Center for Drug Evaluation please contact Mary Gross or Randi from the audience. The amount of time and Research, Food and Drug Clark (see FOR FURTHER INFORMATION available for public testimony will be Administration, 10903 New Hampshire CONTACT) at least 7 days before the determined by the number of people Ave., Bldg. 51, Rm. 6178, Silver Spring, meeting. who register to provide testimony. An MD 20993, 301–796–3519, email: For those unable to attend in person, FDA will provide a Webcast and a agenda and other background for the [email protected]; or Randi public meeting will be posted at http:// Clark, Center for Drug Evaluation and telephone audio link to the meeting. To join the meeting via the Webcast, please www.fda.gov/gdufa at least 2 days in Research, Food and Drug advance of the meeting. Administration, 10903 New Hampshire go to https://collaboration.fda.gov/ Ave., Bldg. 51, Rm. 6166, Silver Spring, gdufa91012. If you have never attended III. Transcripts MD 20993, 301–796–4287, email: a Connect Pro meeting, you may wish to [email protected]. test your connection by going to https:// Please be advised that as soon as a collaboration.fda.gov/common/help/en/ transcript is available, it will be SUPPLEMENTARY INFORMATION: support/meeting_test.htm. accessible at http://www.regulations Comments: Submission of comments I. Background .gov. It may be viewed at the Division before the meeting is strongly of Dockets Management (see encouraged. Regardless of attendance at On July 9, 2012, GDUFA (Pub. L. 112– Comments). A transcript will also be the public meeting, interested persons 144, Title III) was signed into law by the available in either hardcopy or on CD– may submit either electronic or written President. Designed to speed access to ROM, after submission of a Freedom of comments. Submit electronic comments safe and effective generic drugs to the to http://www.regulations.gov. Submit public and reduce costs to industry, Information request. Written requests written comments to the Division of GDUFA requires that generic drug are to be sent to the Division of Freedom Dockets Management (HFA–305), Food manufacturers pay user fees to finance of Information (ELEM–1029), Food and and Drug Administration, 5630 Fishers critical and measurable generic drug Drug Administration, 12420 Parklawn Lane, Rm. 1061, Rockville, MD 20852. It program enhancements. GDUFA also Dr., Element Bldg., Rockville, MD is only necessary to send one set of requires that generic drug facilities, 20857. comments. Identify comments with the sites, and organizations located around Dated August 17, 2012. docket number found in brackets in the the world provide identification Leslie Kux, heading of this document. Received information annually to FDA. Assistant Commissioner for Policy. comments may be seen in the Division Additional information concerning of Dockets Management between 9 a.m. GDUFA, including the text of the law [FR Doc. 2012–20945 Filed 8–22–12; 11:15 am] and 4 p.m., Monday through Friday. and the letter in which FDA describes BILLING CODE 4160–01–P The deadline for submitting comments commitments it is making for is October 12, 2012. improvements in the process, may be

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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: affiliates 1 of those applicants, within HUMAN SERVICES the meaning of 505(j)(5)(A) of the I. Establishment of the Backlog Fee Federal Food, Drug, and Cosmetic Act, Food and Drug Administration On July 9, 2012, GDUFA (Pub. L. 112– until the outstanding fee is paid. [Docket No. FDA–2012–N–0879] 144, Title III) was signed into law by the Note: The fee is an obligation to the U.S. President. Designed to speed delivery of Government, and failure to pay the fee may Notice of Opportunity To Withdraw safe and effective generic drugs to the result in collection activities by the Abbreviated New Drug Applications To public and reduce costs to industry, Government under applicable laws. Avoid Backlog Fee Obligations GDUFA requires that generic drug manufacturers pay user fees to finance Dated: August 17, 2012. AGENCY: Food and Drug Administration, critical and measurable program Leslie Kux, HHS. enhancements. The new law includes a Assistant Commissioner for Policy. ACTION: Notice. provision to assess user fees for any [FR Doc. 2012–20947 Filed 8–22–12; 11:15 am] SUMMARY: The Food and Drug original ANDA that is pending on BILLING CODE 4160–01–P Administration (FDA) is issuing this October 1, 2012, that has not been notice to provide applicants who are no tentatively approved. Collection of fees for applications in the backlog will DEPARTMENT OF HEALTH AND longer seeking approval of their pending HUMAN SERVICES original abbreviated new drug provide the Agency with necessary funding to reduce the backlog and applications (ANDAs) with an National Institutes of Health opportunity to withdraw them as soon prepare to meet the ANDA review as possible to avoid paying a fee. The performance goals established by Center for Scientific Review; Notice of fee in question is a one-time backlog fee GDUFA. Specifically, in the Closed Meetings that was established through enactment Commitment Letter that accompanies of the Generic Drug User Fee the law, FDA committed to review and Pursuant to section 10(d) of the Amendments of 2012 (GDUFA). It will act on 90 percent of all ANDAs pending Federal Advisory Committee Act, as apply to any original ANDA that is on October 1, 2012, by the end of fiscal amended (5 U.S.C. App.), notice is pending (neither withdrawn nor year 2017. hereby given of the following meetings. The meetings will be closed to the tentatively approved) at FDA on October II. Backlog Fee Calculations for FY public in accordance with the 1, 2012. This notice is intended to allow 2013 applicants to decide which ANDAs they provisions set forth in sections do not wish to pursue and by timely FDA will set the backlog fee rates for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., notice of withdrawal avoid paying the FY 2013 to generate a total of as amended. The grant applications and new backlog fee on such applications. $50,000,000. Therefore, to determine the the discussions could disclose confidential trade secrets or commercial DATES: Under GDUFA, to avoid fee for a pending original ANDA, we property such as patentable material, incurring the backlog fee, an ANDA will divide $50,000,000 by the number and personal information concerning applicant covered by this notice must of original ANDAs that are pending on individuals associated with the grant submit written notification to FDA so October 1, 2012, and have not been applications, the disclosure of which that it is received by September 28, tentatively approved as of that date. would constitute a clearly unwarranted 2012. However, to expedite this process, We have estimated that absent invasion of personal privacy. applicants are encouraged to submit withdrawals there could be 3,000 their written notification by September pending original ANDAs on October 1, Name of Committee: Center for Scientific 15, 2012. 2012. Some currently pending original Review Special Emphasis Panel; Member Conflict: Enabling Bioanalytical and Imaging ADDRESSES: Applicants should submit ANDAs are old and incomplete, and FDA anticipates that applicants will Technologies. written notification of the request for Date: September 26, 2012. withdrawal by standard application withdraw many of them before October Time: 11 a.m. to 1 p.m. submission methods. If an application 1, 2012, to avoid incurring the backlog Agenda: To review and evaluate grant was submitted by the FDA electronic fee. If 2,000 original ANDAs were to applications. gateway, a request for withdrawal remain, the backlog fee per ANDA Place: National Institutes of Health, 6701 should be submitted to the application would be $25,000. However, this is only Rockledge Drive, Bethesda, MD 20892, by the gateway. In addition, a copy of an estimate; the final fee, which will be (Telephone Conference Call). published along with payment Contact Person: Kenneth Ryan, Ph.D., the electronic notification of withdrawal Scientific Review Officer, Center for should be emailed to instructions in a notice in the Federal Scientific Review, National Institutes of [email protected]. Register by October 31, 2012, could be Health, 6701 Rockledge Drive, Room 3218, Alternatively, the applicant should send higher or lower. MSC 7717, Bethesda, MD 20892, 301–435– written notification to the ANDA III. Due Date and Penalty To Pay 0229, [email protected]. archival file at the following address: Backlog Fees Name of Committee: Center for Scientific Office of Generic Drugs, Center for Drug Review Special Emphasis Panel; Member Evaluation and Research, Food and Payment of backlog fees will be due Conflict: Prevention Therapeutics. Drug Administration, Document Control no later than 30 calendar days after Date: September 26, 2012. Room, Metro Park North VII, 7620 publication in the Federal Register of a Time: 1 p.m. to 3:30 p.m. notice (to be issued by October 31, 2012) Agenda: To review and evaluate grant Standish Pl., Rockville, MD 20855. applications. FOR FURTHER INFORMATION CONTACT: announcing the amount of the backlog Thomas Hinchliffe, Center for Drug fee. Applicants with original ANDAs 1 GDUFA defines the term ‘‘affiliate’’ as a Evaluation and Research (HFD–617), that fail to pay the backlog fee by the business entity that has a relationship with a Food and Drug Administration, 7500 due date will be placed on a publicly second business entity if, directly or indirectly, one available arrears list, and FDA will not business entity controls, or has the power to Standish Place, Rockville, MD 20855, control, the other business entity; or a third party 240–276–9310, receive new ANDAs or supplements controls, or has power to control, both of the [email protected]. submitted by those applicants, or any business entities.

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Place: National Institutes of Health, 6701 9760138#. Additionally, if you would INFORMATION CONTACT section to register Rockledge Drive, Bethesda, MD 20892, like to participate in this meeting via the as a speaker. (Telephone Conference Call). online Web format, please log onto FOR FURTHER INFORMATION CONTACT: Mr. Contact Person: Careen K Tang-Toth, Ph.D, http://connect.hsin.gov/nmsac91112/ Scientific Review Officer, Center for Ryan Owens, ADFO of NMSAC, 2100 Scientific Review, National Institutes of and follow the online instructions to 2nd Street SW., Stop 7581, Washington, Health, 6701 Rockledge Drive, Room 6214, register for this meeting. DC 20593–7581; telephone 202–372– MSC 7804, Bethesda, MD 20892, (301) 435– For information on facilities or 1108 or email [email protected]. If 3504, [email protected]. services for individuals with disabilities you have any questions on viewing or (Catalogue of Federal Domestic Assistance or to request special assistance at the submitting material to the docket, call Program Nos. 93.306, Comparative Medicine; meeting, contact the person listed below Renee V. Wright, Program Manager, 93.333, Clinical Research, 93.306, 93.333, in the FOR FURTHER INFORMATION Docket Operations, telephone 202–366– 93.337, 93.393–93.396, 93.837–93.844, CONTACT section as soon as possible. 9826. 93.846–93.878, 93.892, 93.893, National To facilitate public participation, we SUPPLEMENTARY INFORMATION: Notice of Institutes of Health, HHS) are inviting public comment on the this meeting is given under the Federal Dated: August 21, 2012. issues to be considered by the Advisory Committee Act, 5 U.S.C. App. Committee as listed in the ‘‘Agenda’’ Michelle Trout, (Pub. L. 92–463). NMSAC operates section below. Identify your comments under the authority of 46 U.S.C. 70112. Program Analyst, Office of Federal Advisory by docket number [USCG–2012–0797], Committee Policy. NMSAC provides advice, consults with, and submit them no later than and makes recommendations to the [FR Doc. 2012–20927 Filed 8–24–12; 8:45 am] September 7, 2012 by using one of the Secretary of Homeland Security, via the BILLING CODE 4140–01–P following methods: Commandant of the Coast Guard, on • Federal eRulemaking Portal: matters relating to national maritime www.regulations.gov. Follow the security. DEPARTMENT OF HOMELAND instructions for submitting comments. Agenda of Meeting SECURITY • Mail: Docket Management Facility (M–30), U.S. Department of The agenda for the Committee Coast Guard Transportation, West Building Ground meeting is as follows: [USCG–2012–0797] Floor, Room W12–140, 1200 New Jersey Day 1 Avenue SE., Washington, DC 20590– (1) Maritime Domain Awareness and National Maritime Security Advisory 0001. We encourage use of electronic Information Sharing. The Committee Committee; Meeting submissions because security screening will hold a follow up discussion from AGENCY: Coast Guard, DHS. may delay delivery of mail. • its last meeting to discuss the results of ACTION: Fax: (202) 493–2251. Notice of Federal Advisory • the Committee’s efforts to poll the Committee Meeting. Hand Delivery: Same as mail maritime industry on what gaps still address above, between 9 a.m. and 5 remain in information sharing between SUMMARY: The National Maritime p.m., Monday through Friday, except the industry and the Federal Security Advisory Committee (NMSAC) Federal holidays. The telephone number Government with a panel of Department will meet on September 11–12, 2012 in is 202–366–9329. • of Homeland Security (DHS) the Washington, DC metropolitan area Instructions: All submissions Information Sharing Executives. The to discuss various issues relating to received must include the words Committee will make recommendations national maritime security. This ‘‘Department of Homeland Security’’ on how to improve the information meeting will be open to the public. and docket number [USCG–2012–0797]. sharing efforts of the Coast Guard and DATES: The Committee will meet on All submissions received will be posted DHS. Tuesday, September 11, 2012 from 9 without alteration at (2) Cyber-Security. The Committee a.m. to 3:30 p.m., and Wednesday, www.regulations.gov, including any will discuss the parameters of a new September 12, 2012 from 9 a.m. to 12 personal information provided. You tasking from the Coast Guard to provide p.m. This meeting may close early if all may review a Privacy Act notice guidance/recommendations on cyber- business is finished. regarding our public dockets in the security initiatives within the maritime All written material and requests to January 17, 2008 issue of the Federal sector. make oral presentations should reach Register (73 FR 3316). (3) Utilization of the Marine Highway the Coast Guard on or before September • Docket: Any background for the Protection of Metropolitan Areas 7, 2012. information or presentations available from Hazardous Cargo. The Committee ADDRESSES: The Committee will meet at prior to the meeting will be published will receive a brief on effort by the the American Bureau of Shipping, 1400 in the docket. For access to the docket Maritime Administration to reduce the Key Blvd., Suite 800, Arlington, Virginia to read background documents or risk of hazardous cargo in metropolitan 22209. Seating is very limited. Members submissions received by the NMSAC, go areas by utilizing the Marine Highway of the public wishing to attend the open to www.regulations.gov, and use system. sessions should register with Mr. Ryan ‘‘USCG–2012–0797’’ as your search (4) Detain On-Board Requirements. Owens, Alternate Designated Federal term. NMSAC will receive an update on Official (ADFO) of NMSAC, telephone Public comment period will be held implementation of recommendations 202–372–1108 or [email protected] on September 11, 2012, from 3:00 p.m. made by the NMSAC on April 19, 2012 no later than September 7, 2012. to 3:30 p.m., and September 12, 2012 on Coast Guard and U.S. Customs and Additionally, this meeting will be from 11:30 a.m. to 12 p.m. Speakers are Border Protection (CBP) field guidance broadcasted via a Web enabled requested to limit their comments to 5 pertaining to requirements for vessels to interactive online format and minutes. Please note that the public post or contract for guards while in US teleconference line. comment period will end following the ports. To participate via teleconference, dial last call for comments. Contact the (5) Transport Canada/Coast Guard (866) 810–4853; the pass code to join is person listed below in the FOR FURTHER Regulatory Harmonization. The

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Committee will receive an update from Budget (OMB) for review and approval are to respond, including the use of Transport Canada and the Coast Guard in accordance with the Paperwork appropriate automated, electronic, on the two governments’ efforts to Reduction Act: Application and mechanical, or other technological harmonize security regulations across Approval to Manipulate, Examine, techniques or other forms of the northern border. The Committee Sample, or Transfer Goods. This is a information. will then provide recommendations on proposed extension of an information Title: Application and Approval to these efforts. collection that was previously Manipulate, Examine, Sample, or (6) Integration of Facility Security approved. CBP is proposing that this Transfer Goods. Plans and Systems (Coast Guard information collection be extended with OMB Number: 1651–0006. Authorization Act section 822). NMSAC a change to the burden hours. This Form Number: CBP Form 3499. will be tasked to provide comment/ document is published to obtain Abstract: CBP Form 3499, guidance on the provisions of section comments from the public and affected ‘‘Application and Approval to 822 of the Coast Guard Authorization agencies. This information collection Manipulate, Examine, Sample or Act of 2010. was previously published in the Federal Transfer Goods’’, is used as an (7) Public Comment Period. NMSAC Register (77 FR 36567) on June 19, 2012, application to perform various will hear any other matters raised by the allowing for a 60-day comment period. operations on merchandise that is public. Please note that the public will This notice allows for an additional 30 located at a CBP approved bonded have an opportunity to comment days for public comments. This process facility. This form is filed by importers, throughout the day on each topic as it is conducted in accordance with 5 CFR consignees, transferees, or owners of is discussed. 1320.10. merchandise, and is subject to approval DATES: Written comments should be by the port director. The data requested Day 2 received on or before September 26, on the form identifies the merchandise (1) Port Security Grant Program 2012. for which action is being sought and Priorities. The Committee will discuss ADDRESSES: Interested persons are specifies in detail what operation is to and provide guidance/recommendations invited to submit written comments on be performed. The form may also be concerning Port Security Grant Program this information collection to the Office approved as a blanket application to Priorities. of Information and Regulatory Affairs, manipulate for a period of up to one (2) Radiation Portal Monitoring Office of Management and Budget. year for continuous or repetitive Replacement and Relocation. The Comments should be addressed to the manipulation. CBP Form 3499 is Committee will receive a brief and OMB Desk Officer for U.S. Customs and provided for by 19 CFR 19.8 and is discuss and provide comment/ Border Protection, Department of accessible at: http://forms.cbp.gov/pdf/ recommendations on DHS efforts related _ _ Homeland Security, and sent via CBP Form 3499.pdf. to Radiation Portal Monitors. electronic mail to Current Actions: CBP proposes to (3) Public comment period. NMSAC _ extend the expiration date of this will hear any other matters raised by the oira [email protected] or faxed to (202) 395–5806. information collection with no change public. Please note that the public will to the burden hours or to the FOR FURTHER INFORMATION CONTACT: have an opportunity to comment information collected. Requests for additional information throughout the day on each topic as it Type of Review: Extension (without should be directed to Tracey Denning, is discussed. change). U.S. Customs and Border Protection, Affected Public: Businesses. Dated: August 22, 2012. Regulations and Rulings, Office of Estimated Number of Responses: A.E. Tucci, International Trade, 799 9th Street NW., 151,140. Captain, U.S. Coast Guard, Office of Port 5th Floor, Washington, DC 20229–1177, Estimated Time per Response: 6 and Facility Compliance. at 202–325–0265. [FR Doc. 2012–21163 Filed 8–23–12; 4:15 pm] minutes. SUPPLEMENTARY INFORMATION: CBP Estimated Total Annual Burden BILLING CODE 9110–04–P invites the general public and affected Hours: 15,114. Federal agencies to submit written comments and suggestions on proposed Dated: August 21, 2012. DEPARTMENT OF HOMELAND and/or continuing information Tracey Denning, SECURITY collection requests pursuant to the Agency Clearance Officer, U.S. Customs and Border Protection. U.S. Customs and Border Protection Paperwork Reduction Act (Pub. L. 104– 13). Your comments should address one [FR Doc. 2012–21015 Filed 8–24–12; 8:45 am] Agency Information Collection of the following four points: BILLING CODE 9111–14–P Activities; Application and Approval To (1) Evaluate whether the proposed Manipulate, Examine, Sample, or collection of information is necessary DEPARTMENT OF HOMELAND Transfer Goods for the proper performance of the functions of the agency/component, SECURITY AGENCY: U.S. Customs and Border including whether the information will Protection, Department of Homeland have practical utility; U.S. Customs and Border Protection Security. (2) Evaluate the accuracy of the Agency Information Collection agencies/components estimate of the ACTION: 30-Day notice and request for Activities; User Fees comments; Extension of an existing burden of the proposed collection of information collection. information, including the validity of AGENCY: U.S. Customs and Border the methodology and assumptions used; Protection, Department of Homeland SUMMARY: U.S. Customs and Border (3) Enhance the quality, utility, and Security. Protection (CBP) of the Department of clarity of the information to be ACTION: 30-Day notice and request for Homeland Security will be submitting collected; and comments; Extension of an existing the following information collection (4) Minimize the burden of the information collection. request to the Office of Management and collections of information on those who

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SUMMARY: U.S. Customs and Border (3) Enhance the quality, utility, and CBP Form 339V—Vessels Protection (CBP) of the Department of clarity of the information to be Estimated Number of Respondents: Homeland Security will be submitting collected; and 10,000. the following information collection (4) Minimize the burden of the Estimated Number of Annual request to the Office of Management and collections of information on those who Responses: 10,000. Budget (OMB) for review and approval are to respond, including the use of Estimated Time per Response: 16 in accordance with the Paperwork appropriate automated, electronic, minutes. Reduction Act: User Fees. This is a mechanical, or other technological Estimated Total Annual Burden proposed extension of an information techniques or other forms of Hours: 2,670. collection that was previously information. approved. CBP is proposing that this Title: User Fees. ECCF Quarterly Report information collection be extended with OMB Number: 1651–0052. Estimated Number of Respondents: a change to the burden hours. This Form Number: CBP Forms 339A, 18. document is published to obtain 339C and 339V. Estimated Number of Annual comments from the public and affected Abstract: The Consolidated Omnibus Responses: 72. agencies. This information collection Budget Reconciliation Act of 1985 Estimated Time per Response: 2 was previously published in the Federal (COBRA—PL 99–272; 19 U.S.C. 58c) hours. Register (77 FR 35992) on June 15, 2012, authorizes the collection of user fees by Estimated Total Annual Burden allowing for a 60-day comment period. CBP. The collection of these fees Hours: 144. This notice allows for an additional 30 requires submission of information from ECCF Application and List of Couriers days for public comments. This process the party remitting the fees to CBP. This is conducted in accordance with 5 CFR information is submitted on three forms Estimated Number of Respondents: 3. 1320.10. including the CBP Form 339A for Estimated Number of Annual aircraft at http://forms.cbp.gov/pdf/ Responses: 12. DATES: Written comments should be cbp_form_339a.pdf; CBP Form 339C for Estimated Time per Response: 30 received on or before September 26, commercial vehicles at http:// minutes. 2012. forms.cbp.gov/pdf/cbp_form_339c.pdf; Estimated Total Annual Burden ADDRESSES: Interested persons are and CBP Form 339V for vessels at Hours: 6. _ _ invited to submit written comments on http://forms.cbp.gov/pdf/cbp form Dated: August 22, 2012. this information collection to the Office 339v.pdf. The information on these Tracey Denning, forms may also be filed electronically at of Information and Regulatory Affairs, Agency Clearance Officer, U.S. Customs and Office of Management and Budget. https://dtops.cbp.dhs.gov/. This Border Protection. collection of information is provided for Comments should be addressed to the [FR Doc. 2012–21067 Filed 8–24–12; 8:45 am] by 19 CFR 24.22. OMB Desk Officer for U.S. Customs and BILLING CODE 9111–14–P Border Protection, Department of In addition, CBP requires express Homeland Security, and sent via consignment courier facilities (ECCFs) to file lists of couriers using the facility electronic mail to DEPARTMENT OF THE INTERIOR [email protected] or faxed in accordance with 19 CFR 128.11. ECCFs are also required to file a to (202) 395–5806. Fish and Wildlife Service quarterly report in accordance with 19 FOR FURTHER INFORMATION CONTACT: CFR 24.23(b)(4). [FWS–HQ–IA–2012–N215: Requests for additional information Current Actions: This submission is FXIA16710900000P5–123–FF09A30000] should be directed to Tracey Denning, being made to extend the expiration U.S. Customs and Border Protection, date with a change to the burden hours Endangered Species; Receipt of Regulations and Rulings, Office of to allow for a change in the number of Applications for Permit International Trade, 799 9th Street NW., ECCF’s. 5th Floor, Washington, DC 20229–1177, AGENCY: Fish and Wildlife Service, Type of Review: Extension (with Interior. at 202–325–0265. change). ACTION: Notice of receipt of applications Affected Public: Businesses. SUPPLEMENTARY INFORMATION: CBP for permit. invites the general public and affected CBP Form 339A—Aircraft Federal agencies to submit written SUMMARY: We, the U.S. Fish and comments and suggestions on proposed Estimated Number of Respondents: Wildlife Service, invite the public to and/or continuing information 15,000. comment on the following applications collection requests pursuant to the Estimated Number of Annual to conduct certain activities with Paperwork Reduction Act (Pub. L.104– Responses: 15,000. endangered species. With some 13). Your comments should address one Estimated Time per Response: 16 exceptions, the Endangered Species Act of the following four points: minutes. (ESA) prohibits activities with listed Estimated Total Annual Burden species unless Federal authorization is (1) Evaluate whether the proposed Hours: 4,005. collection of information is necessary acquired that allows such activities. for the proper performance of the CBP Form 339C—Vehicles DATES: We must receive comments or functions of the agency/component, Estimated Number of Respondents: requests for documents on or before including whether the information will 50,000. September 26, 2012. have practical utility; Estimated Number of Annual ADDRESSES: Brenda Tapia, Division of (2) Evaluate the accuracy of the Responses: 50,000. Management Authority, U.S. Fish and agencies/components estimate of the Estimated Time per Response: 20 Wildlife Service, 4401 North Fairfax burden of the proposed collection of minutes. Drive, Room 212, Arlington, VA 22203; information, including the validity of Estimated Total Annual Burden fax (703) 358–2280; or email DMAFR@ the methodology and assumptions used; Hours: 16,500. fws.gov.

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FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to (Astrochelys radiata) to enhance the Brenda Tapia, (703) 358–2104 do so. species’ propagation or survival. This (telephone); (703) 358–2280 (fax); notification covers activities to be II. Background [email protected] (email). conducted by the applicant over a 5- SUPPLEMENTARY INFORMATION: To help us carry out our conservation year period. responsibilities for affected species, and I. Public Comment Procedures in consideration of section 10(a)(1)(A) of Applicant: Tipurtu South Texas the Endangered Species Act of 1973, as Investments, Ltd., Carrizo Springs, TX; A. How do I request copies of PRT–81674A applications or comment on submitted amended (16 U.S.C. 1531 et seq.), along applications? with Executive Order 13576, The applicant requests a captive-bred ‘‘Delivering an Efficient, Effective, and wildlife registration under 50 CFR Send your request for copies of Accountable Government,’’ and the 17.21(g) for the scimitar-horned oryx applications or comments and materials President’s Memorandum for the Heads (Oryx dammah) to enhance the species’ concerning any of the applications to of Executive Departments and Agencies propagation or survival. This the contact listed under ADDRESSES. of January 21, 2009—Transparency and notification covers activities to be Please include the Federal Register Open Government (74 FR 4685; January conducted by the applicant over a 5- notice publication date, the PRT- 26, 2009), which call on all Federal year period. number, and the name of the applicant agencies to promote openness and Applicant: Tipurtu South Texas in your request or submission. We will transparency in Government by Investments, Ltd., Carrizo Springs, TX; not consider requests or comments sent disclosing information to the public, we PRT–81673A to an email or address not listed under invite public comment on these permit ADDRESSES. If you provide an email applications before final action is taken. The applicant requests a permit address in your request for copies of authorizing interstate and foreign applications, we will attempt to respond III. Permit Applications commerce, export, and cull of excess to your request electronically. A. Endangered Species scimitar-horned oryx (Oryx dammah) Please make your requests or from the captive herd maintained at comments as specific as possible. Please Applicant: Erik Lacy, Oakdale, CA; their facility, for the purpose of confine your comments to issues for PRT–81003A enhancement of the survival of the which we seek comments in this notice, The applicant requests a captive-bred species. This notification covers and explain the basis for your wildlife registration under 50 CFR activities to be conducted by the comments. Include sufficient 17.21(g) for the radiated tortoise applicant over a 5-year period. information with your comments to (Astrochelys radiata) to enhance the Applicant: Squaw Mountain Ranch allow us to authenticate any scientific or species’ propagation or survival. This Outfitters, Jacksboro, TX; PRT–81327A commercial data you include. notification covers activities to be The comments and recommendations conducted by the applicant over a 5- The applicant requests a captive-bred that will be most useful and likely to year period. wildlife registration under 50 CFR influence agency decisions are: (1) 17.21(g) for the scimitar-horned oryx Those supported by quantitative Applicant: La Coma the Red Gate Co., (Oryx dammah), Arabian oryx (Oryx information or studies; and (2) Those Edinburg, TX; PRT–81782A leucoryx), addax (Addax that include citations to, and analyses The applicant requests a captive-bred nasomaculatus), dama gazelle (Nanger of, the applicable laws and regulations. wildlife registration under 50 CFR dama), and red lechwe (Kobus leche) to We will not consider or include in our 17.21(g) for the barasingha (Rucervus enhance the species’ propagation or administrative record comments we duvaucelii), scimitar-horned oryx (Oryx survival. This notification covers receive after the close of the comment dammah), addax (Addax activities to be conducted by the period (see DATES) or comments nasomaculatus), dama gazelle (Nanger applicant over a 5-year period. delivered to an address other than those dama), and red lechwe (Kobus leche) to Applicant: Squaw Mountain Ranch listed above (see ADDRESSES). enhance the species’ propagation or Outfitters, Jacksboro, TX; PRT–81329A B. May I review comments submitted by survival. This notification covers The applicant requests a permit others? activities to be conducted by the applicant over a 5-year period. authorizing interstate and foreign Comments, including names and commerce, export, and cull of excess street addresses of respondents, will be Applicant: La Coma the Red Gate Co., scimitar-horned oryx (Oryx dammah), available for public review at the street Edinburg, TX; PRT–81783A Arabian oryx (Oryx leucoryx), addax address listed under ADDRESSES. The The applicant requests a permit (Addax nasomaculatus), dama gazelle public may review documents and other authorizing interstate and foreign (Nanger dama), and red lechwe (Kobus information applicants have sent in commerce, export, and cull of excess leche) from the captive herd maintained support of the application unless our barasingha (Rucervus duvaucelii) and at their facility, for the purpose of allowing viewing would violate the red lechwe (Kobus leche) from the enhancement of the survival of the Privacy Act or Freedom of Information captive herd maintained at their facility, species. This notification covers Act. Before including your address, for the purpose of enhancement of the activities to be conducted by the phone number, email address, or other survival of the species. This notification applicant over a 5-year period. personal identifying information in your covers activities to be conducted by the Applicant: Gomez Development LLC, comment, you should be aware that applicant over a 5-year period. your entire comment—including your Edinburg, TX; PRT–81324A personal identifying information—may Applicant: Melissa White, Elizabeth, The applicant requests a captive-bred be made publicly available at any time. CO; PRT–81903A wildlife registration under 50 CFR While you can ask us in your comment The applicant requests a captive-bred 17.21(g) for the scimitar-horned oryx to withhold your personal identifying wildlife registration under 50 CFR (Oryx dammah) to enhance the species’ information from public review, we 17.21(g) for the radiated tortoise propagation or survival. This

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notification covers activities to be Applicant: Bamberger Ranch Preserve, mandates of the recovery program for conducted by the applicant over a 5- Johnson City, TX; PRT–79430A this species. This notification covers year period. The applicant requests a permit activities to be conducted by the applicant over a 5-year period. Applicant: Gomez Development LLC, authorizing interstate and foreign Edinburg, TX; PRT–81326A commerce, export, and cull of excess Applicant: Harkey Ranch Enterprises, scimitar-horned oryx (Oryx dammah) LLC, Brownwood, TX; PRT–79777A The applicant requests a permit from the captive herd maintained at authorizing interstate and foreign their facility, for the purpose of The applicant requests a captive-bred commerce, export, and cull of excess enhancement of the survival of the wildlife registration under 50 CFR scimitar-horned oryx (Oryx dammah) species. This notification covers 17.21(g) for the scimitar-horned oryx from the captive herd maintained at activities to be conducted by the (Oryx dammah) to enhance the species’ their facility, for the purpose of applicant over a 5-year period. propagation or survival. This enhancement of the survival of the notification covers activities to be species. This notification covers Applicant: Donald Palmerino, conducted by the applicant over a 5- activities to be conducted by the Southbridge, MA; PRT–74561A year period. applicant over a 5-year period. The applicant requests a captive-bred Applicant: Ryan McDonald, wildlife registration under 50 CFR Applicant: Glades Herp Farm Inc., Waxahachie, TX; PRT–82656A Bushnell, FL; PRT–81039A 17.21(g) for the golden parakeet (Guarouba guarouba) to enhance the The applicant requests a captive-bred The applicant requests a captive-bred species’ propagation or survival. This wildlife registration under 50 CFR wildlife registration under 50 CFR notification covers activities to be 17.21(g) for the radiated tortoise 17.21(g) for the following families and conducted by the applicant over a 5- (Astrochelys radiata) to enhance the species, to enhance their propagation or year period. species’ propagation or survival. This survival. This notification covers notification covers activities to be activities to be conducted by the Applicant: Jackson Zoological Society, conducted by the applicant over a 5- applicant over a 5-year period. Inc., Jackson, MS; PRT–691441 year period. Families: The applicant requests renewal of Crocodylidae their captive-bred wildlife registration Applicant: Valerie Holt, Moapa, NV; Species: under 50 CFR 17.21(g) for the following PRT–165748 families, to enhance their propagation or Galapagos tortoise (Chelonoidis nigra) The applicant requests renewal of survival. This notification covers Radiated tortoise (Astrochelys radiata) their captive-bred wildlife registration activities to be conducted by the Indian python (Python molurus under 50 CFR 17.21(g) for the brush- applicant over a 5-year period. molurus) tailed rat-kangaroo or Woylie (Bettongia Aruba island rattlesnake (Crotalus Families: penicillata), ring-tailed lemur (Lemur durissus unicolor) Callithricidae catta), brown lemur (Eulemur fulvus), Cuban ground iguana (Cyclura nubila Cercopithecidae black and white ruffed lemur (Varecia nubila) Equidae variegata), red ruffed lemur (Varecia Erethizontidae Grand Cayman blue iguana (Cyclura rubra), and golden parakeet (Guarouba Felidae (does not include jaguar, lewisi) guarouba) to enhance the species’ margay, or ocelot) propagation or survival. This Cayman Brac ground iguana (Cyclura Hominidae nubila caymanensis) notification covers activities to be Hylobatidae conducted by the applicant over a 5- Applicant: Boulder Ridge Ranch LLC, Lemuridae year period. Alto, MI; PRT–80856A Rhinocerotidae Tapiridae Applicant: Scovill Zoo, Decatur, IL; The applicant requests a captive-bred Sturnidae (does not include Aplonis PRT–704654 wildlife registration under 50 CFR pelzelni) 17.21(g) for the following species, to Crocodylidae (does not include The applicant requests renewal of enhance their propagation or survival. American crocodile) their captive-bred wildlife registration This notification covers activities to be under 50 CFR 17.21(g) for the family conducted by the applicant over a 5- Applicant: Turtle Back Zoo, West Lemuridae, to enhance the species’ year period. Orange, NJ; PRT–75691A propagation or survival. This Species: The applicant requests a permit to notification covers activities to be Galapagos tortoise (Chelonoidis nigra) export one female captive-bred Amur conducted by the applicant over a 5- Radiated tortoise (Astrochelys radiata) leopard (Panthera pardus orientalis) for year period. Nile crocodile (Crocodiles niloticus) the purpose of enhancement of the Applicant: Florida Fish & Wildlife Salmon-crested cockatoo (Cacatua survival of the species. Conservancy Commission, Port moluccensis) Applicant: U.S. Fish and Wildlife Charlotte, FL; PRT–82590A Ring-tailed lemur (Lemur catta) Service-MBO/SJV, Tucson, AZ; PRT– The applicant requests a permit to Black and white ruffed lemur (Varecia 67109A export fin clip samples to a laboratory variegata) The applicant requests a permit to in Canada for management plans of the Cottontop tamarin (Saguinus oedipus) export and re-import captive-bred and species smalltooth sawfish (Pristis Asian wild ass (Equus hemionus) wild specimens including live pectinata) 350 samples wild, for the Dama gazelle (Nanger dama) biological samples, salvaged material, purpose of scientific research. This Addax (Addax nasomaculatus) and viable eggs of Masked bobwhite notification covers activities to be Scimitar-horned oryx (Oryx dammah) quail (Colinus virginianus ridgwayi), as conducted by the applicant over a 5- Red lechwe (Kobus leche) part of the identified tasks and year period.

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Applicant: Louisville Zoological SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR Garden, Louisville, KY; 680317 The Gila and Salt River Meridian, Bureau of Land Management The applicant requests renewal of Arizona their captive-bred wildlife registration under 50 CFR 17.21(g) for the following The plat representing a dependent [LLOR957000–L63100000–HD0000: HAG12– families and species, to enhance their resurvey of the west boundary, 0264] propagation or survival. This Township 23 North, Range 15 East, the notification covers activities to be survey of the west and north Filing of Plats of Survey: Oregon/ conducted by the applicant over a 5- boundaries, a Sectional Guide Meridian Washington year period. and Sectional Correction Line, the AGENCY: Bureau of Land Management, Families: subdivisional lines and the subdivision Interior. Felidae of certain sections, Township 23 North, Lemuridae Range 14 East, accepted August 15, ACTION: Notice. Species: 2012, and officially filed August 17, Cuban crocodile (Crocodylus 2012, for Group 1093, Arizona. SUMMARY: The plats of survey of the rhombifer) This plat was prepared at the request following described lands are scheduled Applicant: Smithsonian National of the Bureau of Indian Affairs, Navajo to be officially filed in the Bureau of Zoological Park, Washington, DC; PRT– Regional Office. Land Management Oregon/Washington 75218A State Office, Portland, Oregon, 30 days The plat representing the survey of from the date of this publication. The applicant requests a permit to the south and east boundaries, and the take biological samples, from 70 green subdivisional lines, and the subdivision Willamette Meridian sea turtles (Chelonia mydas) in Costa of certain sections, Township 40 North, Oregon Rica and 70 loggerhead sea turtles Range 24 East, accepted August 13, T. 18 S., R. 6 W., accepted August 3, 2012. (Caretta caretta) in Mexico. These are 2012, and officially filed August 15, T. 14 S., R. 2 W., accepted August 3, 2012. from a wild source for the purpose of 2012, for Group 1096, Arizona. enhancement of the survival of the T. 17 S., R. 7 W., accepted August 3, 2012. This plat was prepared at the request species/scientific research. This ADDRESSES: A copy of the plats may be notification covers activities to be of the Bureau of Indian Affairs, Navajo Regional Office. obtained from the Land Office at the conducted by the applicant over a 5- Bureau of Land Management, Oregon/ year period. A person or party who wishes to Washington State Office, 333 SW. 1st Applicant: John Hattner, Keller, TX; protest against any of these surveys Avenue, Portland, Oregon 97204, upon PRT–81990A must file a written protest with the required payment. A person or party Arizona State Director, Bureau of Land The applicant requests a permit to who wishes to protest against a survey Management, stating that they wish to must file a notice that they wish to import a sport-hunted trophy of one protest. male bontebok (Damaliscus pygargus protest (at the above address) with the pygargus) culled from a captive herd A statement of reasons for a protest Oregon/Washington State Director, maintained under the management may be filed with the notice of protest Bureau of Land Management, Portland, program of the Republic of South Africa, to the State Director, or the statement of Oregon. reasons must be filed with the State for the purpose of enhancement of the FOR FURTHER INFORMATION CONTACT: Kyle Director within thirty (30) days after the survival of the species. Hensley, (503) 808–6124, Branch of protest is filed. Brenda Tapia, Geographic Sciences, Bureau of Land Program Analyst/Data Administrator, Branch FOR FURTHER INFORMATION CONTACT: Management, 333 SW. 1st Avenue, of Permits, Division of Management These plats will be available for Portland, Oregon 97204. Persons who Authority. inspection in the Arizona State Office, use a telecommunications device for the [FR Doc. 2012–21007 Filed 8–24–12; 8:45 am] Bureau of Land Management, One North deaf (TDD) may call the Federal BILLING CODE 4310–55–P Central Avenue, Suite 800, Phoenix, Information Relay Service (FIRS) at 1– Arizona, 85004–4427. Persons who use 800–877–8339 to contact the above a telecommunications device for the individual during normal business DEPARTMENT OF THE INTERIOR deaf (TDD) may call the Federal hours. The FIRS is available 24 hours a Bureau of Land Management Information Relay Service (FIRS) at 1– day, 7 days a week, to leave a message 800–877–8339 to contact the above or question with the above individual. [LLAZ956000.L14200000.BJ0000.241A] individual during normal business You will receive a reply during normal hours. The FIRS is available 24 hours a business hours. Notice of Filing of Plats of Survey; day, 7 days a week, to leave a message Arizona SUPPLEMENTARY INFORMATION: Before or question with the above individual. including your address, phone number, AGENCY: Bureau of Land Management, You will receive a reply during normal email address, or other personal Interior. business hours. identifying information in your ACTION: Notice of Filing of Plats of Stephen K. Hansen, comment, you should be aware that Survey; Arizona. Chief Cadastral Surveyor of Arizona. your entire comment—including your SUMMARY: The plats of survey of the [FR Doc. 2012–21072 Filed 8–24–12; 8:45 am] personal identifying information—may described lands were officially filed in BILLING CODE 4310–32–P be made publicly available at any time. the Arizona State Office, Bureau of Land While you can ask us in your comment Management, Phoenix, Arizona, on to withhold your personal identifying dates indicated. information from public review, we

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cannot guarantee that we will be able to Office, PO Box 2965, Portland, Oregon Josephine Counties and small portions do so. 97208, (503) 808–6028; of west Klamath County. [email protected]. Roseburg District Resource Advisory Mary J.M. Hartel, Persons who use a Committee advises Federal officials on Chief, Cadastral Surveyor of Oregon/ projects associated with Federal lands Washington. telecommunications device for the deaf (TDD) may call the Federal Information within the Roseburg District boundary [FR Doc. 2012–21064 Filed 8–24–12; 8:45 am] Relay Service (FIRS) at 1–800–877–8339 which includes lands in Douglas, Lane, BILLING CODE 4310–33–P to contact the above individual during and Jackson Counties. normal business hours. The FIRS is Salem District Resource Advisory Committee advises Federal officials on DEPARTMENT OF THE INTERIOR available 24 hours a day, 7 days a week, to leave a message or question with the projects associated with Federal lands Bureau of Land Management above individual. You will receive a within the Salem District boundary reply during normal business hours. which includes lands in Benton, [LLOR912000.63500000.DQ0000; HAG12– Clackamas, Clatsop, Columbia, Lane, 0269] SUPPLEMENTARY INFORMATION: The Secure Rural Schools and Community Lincoln, Linn, Marion, Multnomah, Notice of Public Meetings, Western Self Determination Act was extended to Polk, Tillamook, Washington, and Oregon Resource Advisory provide stability for local counties by Yamhill Counties. Committees compensating them, in part, for the Before including your address, phone decrease in funds formerly derived from number, email address, or other AGENCY: Bureau of Land Management, the harvest of timber on Federal lands. personal identifying information in your Interior. Pursuant to the Act, the five Committees comment, you should be aware that ACTION: Notice of public meetings. serve western Oregon BLM districts that your entire comment—including your contain Oregon and California grant personal identifying information—may SUMMARY: In accordance with the lands and Coos Bay Wagon Road grant be made publicly available at any time. Federal Land Policy and Management lands. Committees consist of 15 local While you can ask us in your comment Act (FLPMA) and the Federal Advisory citizens representing a wide array of to withhold your personal identifying Committee Act of 1972 (FACA), the U.S. interests. The RACs provide a information from public review, we Department of the Interior, Bureau of mechanism for local community cannot guarantee that we will be able to Land Management (BLM) western collaboration with Federal land do so. Oregon Resource Advisory Committees, managers as they select projects to be Authority: Title VI, Section 205 of Pub. L. will meet as indicated below. conducted on Federal lands or that will 110–343. DATES: Coos Bay District: Thursday, benefit resources on Federal lands using Michael S. Mottice, September 20 from 9 a.m. to 4 p.m. funds under Title II of the Act. Acting State Director Oregon/Washington. Eugene District: Friday, September 7 All meetings are open to the public. from 8 a.m. to 5 p.m. The public may present written [FR Doc. 2012–21000 Filed 8–24–12; 8:45 am] Medford District: Wednesday, comments to the Council. Each formal BILLING CODE 4310–33–P September 12 from 8:30 a.m. to 5 p.m. Council meeting will also have time Roseburg District: Monday, September allocated for hearing public comments. DEPARTMENT OF THE INTERIOR 17 from 9 a.m. to 4 p.m. Depending on the number of persons Salem District: Thursday, September wishing to comment and time available, Bureau of Land Management 20 from 9 a.m. to 4:30 p.m. the time for individual oral comments ADDRESSES: The meetings will be held at may be limited. Individuals who plan to [LLMTL–00000–01–L10200000–PG0000] the following addresses in western attend and need special assistance, such Oregon. The point of contact for each as sign language interpretation, tour Notice of Public Meeting; Central meeting is also listed: transportation or other reasonable Montana Resource Advisory Council Coos Bay District Resource Advisory accommodations, should contact the Committee: Megan Harper, 1300 Airport BLM as provided above. The Resource AGENCY: Bureau of Land Management, Lane, North Bend, Oregon 97459, (541) Advisory Committees will be based on Interior. 756–0100. the following BLM District boundaries: ACTION: Notice of public meeting. Eugene District Resource Advisory Coos Bay District Resource Advisory Committee: Pat Johnston, 3106 Pierce Committee advises Federal officials on SUMMARY: In accordance with the Parkway, Suite E, Springfield, Oregon projects associated with Federal lands Federal Land Policy and Management 97477, (541) 683–6600. within the Coos Bay District which Act and the Federal Advisory Medford District Resource Advisory includes lands in Coos, Curry, Douglas, Committee Act of 1972, the U.S. Committee: Jim Whittington, 3040 and Lane Counties. Department of the Interior, Bureau of Biddle Road, Medford, Oregon 97504, Eugene District Resource Advisory Land Management (BLM) Central (541) 618–2200. Committee advises Federal officials on Montana Resource Advisory Council Roseburg District Resource Advisory projects associated with Federal lands (RAC) will meet as indicated below. Committee: Jake Winn, 777 NW Garden within the Eugene District boundary DATES: The meeting will be September Valley Blvd., Roseburg, Oregon 97470, which includes lands in Benton, 18–19, 2012. (541) 440–4930. Douglas, Lane, and Linn Counties. The September 18 meeting will begin Salem District Resource Advisory Medford District Resource Advisory at 10 a.m. with a 30-minute public Committee: Richard Hatfield, 1717 Committee advises Federal officials on comment period and will adjourn at Fabry Road SE., Salem, Oregon 97306, projects associated with Federal lands 5:15 p.m. (503) 375–5657. within the Medford District and The September 19 meeting will begin FOR FURTHER INFORMATION CONTACT: Jeff Klamath Falls Resource Area in the at 8 a.m. with a 30-minute public Clark, Bureau of Land Management, Lakeview District which includes lands comment period beginning at 10 a.m. Oregon/Washington, Oregon State in Coos, Curry, Douglas, Jackson, and and will adjourn at 12 p.m.

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ADDRESSES: The meetings will be in the Representative (USTR) under section institution of an investigation and Lewistown Field Office Conference 332(g) of the Tariff Act of 1930 (19 schedule, including the date for a public Room at 920 NE Main, Lewistown, U.S.C. 1332(g)), the U.S. International hearing, relating to the preparation of Montana. Trade Commission (Commission) the first report; the Commission will FOR FURTHER INFORMATION CONTACT: Gary instituted investigation No. 332–533, announce the institution of a second L. ‘‘Stan’’ Benes, Central Montana Environmental and Related Services. investigation and schedule relating to District Manager, Lewistown Field DATES: October 4, 2012: Deadline for preparation of the second report in a Office, 920 NE Main, Lewistown, MT filing requests to appear at the public second notice. 59457, (406) 538–1900, hearing. As requested by the USTR, the [email protected]. Persons who use a October 10, 2012: Deadline for filing Commission will provide a first report, telecommunications device for the deaf pre-hearing briefs and statements. on environmental and related services, (TDD) may call the Federal Information that, to the extent practicable: October 22, 2012: Public hearing. • Relay Service (FIRS) at 1–800–677–8339 October 30, 2012: Deadline for filing Estimates the size of the U.S. and to contact the above individual during post-hearing briefs and statements global markets for certain environmental normal business hours. The FIRS is and all other written submissions. and related services—including water available 24 hours a day, 7 days a week March 29, 2013: Transmittal of and wastewater services, solid and to leave a message or question with the Commission report to USTR. hazardous waste services, and above individual. You will receive a remediation services—identifies top ADDRESSES: All Commission offices, reply during normal business hours. suppliers and key country markets for including the Commission’s hearing such services, investigates factors SUPPLEMENTARY INFORMATION: This 15- rooms, are located in the United States affecting supply and demand in these member council advises the Secretary of International Trade Commission market segments, and highlights market the Interior on a variety of management Building, 500 E Street SW., Washington, developments that have occurred within issues associated with public land DC. All written submissions should be the last five years; management in Montana. During these addressed to the Secretary, United • Estimates the value of trade and meetings the council will participate in/ States International Trade Commission, investment in the subject environmental discuss/act upon these topics/activities: 500 E Street SW., Washington, DC services segments, identifies key export a roundtable discussion among council 20436. The public record for this and import markets for such services, members and the BLM; the Charles M. investigation may be viewed on the and discusses recent trends in Russell National Wildlife Refuge Commission’s electronic docket (EDIS) environmental services trade and conservation plan; a Greater Sage- at https://edis.usitc.gov/edis3-internal/ investment; and Grouse update; Judith River and Arrow app. • Creek reserved water rights update; Identifies barriers to trade and district managers’ updates; fire and FOR FURTHER INFORMATION CONTACT: investment in the subject environmental mitigation education program updates; Project Leader Jennifer Powell (202– services segments, discusses recent Draft HiLine Resource Management Plan 205–3450 or [email protected]) efforts to liberalize trade and investment and Ft. Belknap Water compact update; or Deputy Project Leader Joann Peterson in environmental services, and a riparian assessment report; and U.S. (202–205–3032 or investigates the potential impact of Department of the Interior Bison [email protected]) for further liberalization in environmental Conservation Initiative update. All RAC information specific to this services. meetings are open to the public. The investigation. For information on the As requested, the Commission expects public may present written comments to legal aspects of this investigation, to deliver this first report to the USTR the RAC. Each formal RAC meeting will contact William Gearhart of the no later than March 29, 2013. also have time allocated for hearing Commission’s Office of the General Public Hearing: A public hearing in public comments. Depending on the Counsel (202–205–3091 or connection with this investigation will number of persons wishing to comment [email protected]). The media be held at the U.S. International Trade and time available, the time for should contact Margaret O’Laughlin, Commission Building, 500 E Street SW., individual oral comments may be Office of External Relations (202–205– Washington, DC, beginning at 9:30 a.m. limited. 1819 or [email protected]). on October 22, 2012. Requests to appear Hearing-impaired individuals may at the public hearing should be filed Gary L. ‘‘Stan’’ Benes, obtain information on this matter by with the Secretary no later than 5:15 Central Montana District Manager. contacting the Commission’s TDD p.m., October 4, 2012. All pre-hearing [FR Doc. 2012–21006 Filed 8–24–12; 8:45 am] terminal at 202–205–1810. General briefs and statements should be filed not BILLING CODE P information concerning the Commission later than 5:15 p.m., October 10, 2012 may also be obtained by accessing its and all post-hearing briefs and Internet server (http://www.usitc.gov). statements should be filed not later than INTERNATIONAL TRADE Persons with mobility impairments who 5:15 p.m., October 30, 2012; all such COMMISSION will need special assistance in gaining pre- and post-hearing briefs and access to the Commission should statements must be filed in accordance [Investigation No. 332–533] contact the Office of the Secretary at with the requirements in the 202–205–2000. ‘‘Submissions’’ section below. In the Environmental and Related Services Background: In his letter the USTR event that, as of the close of business on AGENCY: United States International requested that the Commission prepare October 4, 2012 no witnesses are Trade Commission. two reports, one on environmental and scheduled to appear at the hearing, the ACTION: Institution of investigation and related services, and a second on hearing will be canceled. Any person scheduling of public hearing. renewable energy and related services, interested in attending the hearing as an and deliver the reports in 8 and 11 observer or nonparticipant should SUMMARY: Following receipt of a request months, respectively, after receipt of the contact the Office of the Secretary at on July 30, 2012 from the U.S. Trade letter. This notice announces the 202–205–2000 after October 4, 2012, for

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information concerning whether the Issued: August 21, 2012. By order of the Commission. hearing will be held. Lisa R. Barton, Lisa R. Barton, Written Submissions: In lieu of or in Acting Secretary to the Commission. Acting Secretary to the Commission. addition to participating in the hearing, [FR Doc. 2012–20956 Filed 8–24–12; 8:45 am] [FR Doc. 2012–21048 Filed 8–24–12; 8:45 am] interested parties are invited to file BILLING CODE 7020–02–P BILLING CODE 7020–02–P written submissions concerning this investigation. All written submissions INTERNATIONAL TRADE should be addressed to the Secretary, INTERNATIONAL TRADE COMMISSION and should be received not later than COMMISSION 5:15 p.m., October 30, 2012. All written [Investigation No. 337–TA–844] submissions must conform with the [Investigation No. 731–TA–702 (Third provisions of section 201.8 of the Review)] Certain Drill Bits and Products Commission’s Rules of Practice and Containing Same; Determination To Procedure (19 CFR 201.8). Section 201.8 Ferrovanadium and Nitrided Vanadium Review an Initial Determination; on and the Commission’s Handbook on From Russia Review, Affirmance of Grant of Summary Determination on the Merits; Filing Procedures require that interested Determination Termination of the Investigation parties file documents electronically on or before the filing deadline and submit On the basis of the record 1 developed AGENCY: U.S. International Trade eight (8) true paper copies by 12:00 in the subject five-year review, the Commission. noon eastern time on the next business United States International Trade ACTION: Notice. day. In the event that confidential Commission (Commission) determines, treatment of a document is requested, pursuant to section 751(c) of the Tariff SUMMARY: Notice is hereby given that interested parties must file, at the same Act of 1930 (19 U.S.C. 1675(c)), that the U.S. International Trade time as the eight paper copies, at least revocation of the antidumping duty Commission has determined to review an initial determination (‘‘ID’’) (Order four (4) additional true paper copies in order on ferrovanadium and nitrided No. 9) of the presiding administrative which the confidential information vanadium from Russia would not be must be deleted (see the following law judge (‘‘ALJ’’) granting summary likely to lead to continuation or determination of no importation and paragraph for further information recurrence of material injury to an regarding confidential business terminating the investigation. On industry in the United States within a review, the Commission has determined information). Persons with questions reasonably foreseeable time. regarding electronic filing should to affirm the ALJ’s grant of summary contact the Secretary (202–205–2000). Background determination of no importation on the merits and terminates the investigation. Any submissions that contain The Commission instituted this FOR FURTHER INFORMATION CONTACT: confidential business information (CBI) review on September 1, 2011 (76 FR Panyin A. Hughes, Office of the General must also conform with the 54490) and determined on December 5, Counsel, U.S. International Trade requirements in section 201.6 of the 2011 that it would conduct a full review Commission, 500 E Street SW., Commission’s Rules of Practice and (76 FR 79214, December 21, 2011). Washington, DC 20436, telephone (202) Procedure (19 C.F.R. 201.6). Section Notice of the scheduling of the 205–3042. Copies of non-confidential 201.6 of the rules requires that the cover Commission’s review and of a public documents filed in connection with this of the document and the individual hearing to be held in connection investigation are or will be available for pages be clearly marked as to whether therewith was given by posting copies inspection during official business they are the ‘‘confidential’’ or ‘‘non- of the notice in the Office of the hours (8:45 a.m. to 5:15 p.m.) in the confidential’’ version, and that the Secretary, U.S. International Trade Office of the Secretary, U.S. confidential business information be Commission, Washington, DC, and by International Trade Commission, 500 E clearly identified by means of brackets. publishing the notice in the Federal Street SW., Washington, DC 20436, All written submissions, except for Register on February 8, 2012 (77 FR telephone (202) 205–2000. General confidential business information, will 6582). The hearing was held in information concerning the Commission be made available for inspection by Washington, DC, on June 21, 2012, and may also be obtained by accessing its interested parties. all persons who requested the Internet server at http://www.usitc.gov. The public record for this investigation In the request letter, the USTR stated opportunity were permitted to appear in may be viewed on the Commission’s that his office intends to make the person or by counsel. Commission’s report available to the electronic docket (EDIS) at http:// The Commission transmitted its edis.usitc.gov. Hearing-impaired public in its entirety, and asked that the determination in this review to the persons are advised that information on Commission not include any Secretary of Commerce on August 22, this matter can be obtained by confidential business information or 2012. The views of the Commission are contacting the Commission’s TDD national security classified information contained in USITC Publication 4345 terminal on (202) 205–1810. in the report that the Commission sends (August 2012), entitled Ferrovanadium SUPPLEMENTARY INFORMATION: to the USTR. Any confidential business The and Nitrided Vanadium from Russia: Commission instituted this investigation information received by the Investigation No. 731–TA–702 (Third on June 4, 2012, based on a complaint Commission in this investigation and Review). filed by Boart Longyear Company and used in preparing this report will not be Longyear TM, Inc. both of South Jordan, published in a manner that would Issued: August 22, 2012. Utah. 76 FR 32997 (June 4, 2012). The reveal the operations of the firm complaint alleged violations of section supplying the information. 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 337 of the Tariff Act of 1930, as By order of the Commission. CFR 207.2(f)). amended 19 U.S.C. 1337, in the

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importation into the United States, the DEPARTMENT OF JUSTICE and include an additional $13.25 (25 sale for importation, and the sale within cents per page for the 53 pages of the United States after importation of Notice of Lodging of Consent Decree attachments). If requesting by email or certain drill bits and products under the Clean Water Act fax, forward a check in that amount to containing the same by reason of Notice is hereby given that on August the Consent Decree Library at the infringement of certain claims of United 22, 2012, a proposed Consent Decree in address given above. States Patent Nos. 7,828,090; 7,874,384; United States v. Sterling Suffolk Ronald G. Gluck, and 8,051,929. The notice of Racecourse, LLC, Civil Action No. 12- Assistant Section Chief, Environmental investigation named the following cv-11556, was lodged with the United Enforcement Section, Environment and entities as respondents: Boyles Bros States District Court for the District of Natural Resource Division. Diamantina S.A. of Lima, Peru; Massachusetts. [FR Doc. 2012–21028 Filed 8–24–12; 8:45 am] Christensen Chile S.A. of Santiago, The Consent Decree resolves the BILLING CODE 4410–15–P Chile; Diamantina Christensen Trading United States’ claims under Section 301 Inc. of Panama; and Intermountain of the Clean Water Act, 33 U.S.C. 1311, Drilling Supply Corp. of West Valley relating to the Defendant’s horse racing DEPARTMENT OF JUSTICE City, Utah. facility in East Boston and Revere, Office of Justice Programs On June 11, 2012, Respondents filed Massachusetts. The Defendant will pay a motion for summary determination of $1.25 million as a civil penalty and will [OJP (BJA) Docket No. 1602] no importation pursuant to 19 U.S.C. continue to perform work at the facility, 1337(a)(1)(B). On June 21, 2012, estimated to cost approximately $3.29 Meeting of the Public Safety Officer Complainants filed an opposition to the million, in order to comply with the Medal of Valor Review Board anticipated terms of a new National motion. On July 10, 2012, the ALJ AGENCY: Pollutant Discharge Elimination System Bureau of Justice Assistance issued the subject ID, granting (BJA), Office of Justice Programs (OJP), Respondents’ motion for summary Permit. Finally, the Defendant will be responsible for the performance of three DOJ. determination of no importation and ACTION: Notice of meeting. terminating the investigation. Supplemental Environmental Projects with an estimated value of $742,000 that SUMMARY: This is an announcement of a On July 24, 2012, Complainants filed will provide water quality monitoring a petition for review of the ID. meeting of the Public Safety Officer and protection efforts for the nearby Medal of Valor Review Board to review Respondents filed an opposition to watershed. Complainants’ petition on July 31, 2012. and vote on recommendations for the The Department of Justice will receive 2011–2012 Medal of Valor nominations, Having examined the record of this for a period of thirty (30) days from the consider issues relevant to the investigation, including the ALJ’s ID, date of this publication comments nomination review process, discuss the petition for review, and the response relating to the Consent Decree. pending ceremonies and upcoming thereto, the Commission has determined Comments should be addressed to the activities and other relevant Board to review the ID. On review, the Assistant Attorney General, issues related thereto. The meeting date Commission affirms the ALJ’s grant of Environment and Natural Resources and time is listed below. Division, and either emailed to summary determination of no DATES: September 20, 2012, 9 a.m. to 1 [email protected] or importation but does not adopt any p.m. ET. statements in the ID to the effect that the mailed to P.O. Box 7611, U.S. ADDRESSES: This meeting will take place determination is on jurisdictional Department of Justice, Washington, DC 20044–7611, and should refer to the at 810 7th Street NW., Washington, DC grounds. Specifically, the Commission 20531. finds that the ALJ’s determination matter as United States v. Sterling FOR FURTHER INFORMATION CONTACT: appropriately considers the merits, and Suffolk Racecourse, LLC, D.J. Ref. Gregory Joy, Policy Advisor, Bureau of the Commission affirms the ALJ’s Number 90–5–1–1–09639. Justice Assistance, Office of Justice determination on the merits. During the public comment period, Programs, 810 7th Street NW., Complainants may re-file their the Consent Decree may be examined on Washington, DC 20531, by telephone at complaint if they can make an allegation the following Department of Justice Web (202) 514–1369, toll free (866) 859– of importation into the United States, site, http://www.usdoj.gov/enrd/ _ 2687, or by email at the sale for importation, or the sale Consent Decrees.html. A copy of the [email protected]. within the United States after Consent Decree may also be obtained by importation of accused products after mail from the Consent Decree Library, SUPPLEMENTARY INFORMATION: The issuance of the asserted patents. P.O. Box 7611, U.S. Department of Public Safety Officer Medal of Valor Justice, Washington, DC 20044–7611 or Review Board carries out those advisory The authority for the Commission’s by faxing or emailing a request to functions specified in 42 U.S.C. 15202. determination is contained in section ‘‘Consent Decree Copy’’ Pursuant to 42 U.S.C. 15201, the 337 of the Tariff Act of 1930, as ([email protected]), fax no. President of the United States is amended (19 U.S.C. 1337), and in (202) 514–0097, phone confirmation authorized to award the Public Safety sections 210.42–46 of the Commission’s number (202) 514–5271. If requesting by Officer Medal of Valor, the highest Rules of Practice and Procedure (19 CFR mail from the Consent Decree Library a national award for valor by a public 210.42–46). copy of the proposed Consent Decree safety officer. Issued: August 22, 2012. only, please so note and enclose a check The primary purpose of this meeting By order of the Commission. in the amount of $13.75 (25 cents per is to review and vote on page reproduction cost for the 55 page recommendations for the 2011–2012 Lisa R. Barton, proposed Consent Decree) payable to Medal of Valor nominations. Acting Secretary to the Commission. the U.S. Treasury. If you would also like This meeting is open to the public at [FR Doc. 2012–20991 Filed 8–24–12; 8:45 am] a copy of the attachments to the the offices of the Bureau of Justice BILLING CODE 7020–02–P proposed Consent Decree, please so note Assistance. For security purposes,

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members of the public who wish to telephone at 202–693–4129 (this is not Number 1219–0026. The current participate must register at least seven a toll-free number) or sending an email approval is scheduled to expire on (7) days in advance of the meeting/ to [email protected]. October 31, 2012; however, it should be conference call by contacting Mr. Joy. Submit comments about this request noted that existing information All interested participants will be to the Office of Information and collection requirements submitted to the required to meet at the Bureau of Justice Regulatory Affairs, Attn: OMB Desk OMB receive a month-to-month Assistance, Office of Justice Programs; Officer for DOL–MSHA, Office of extension while they undergo review. 810 7th Street NW., Washington, DC Management and Budget, Room 10235, For additional information, see the and will be required to sign in at the 725 17th Street NW., Washington, DC related notice published in the Federal front desk. Note: Photo identification 20503, Telephone: 202–395–6929/Fax: Register on May 2, 2012 (77 FR 26046). will be required for admission. 202–395–6881 (these are not toll-free Interested parties are encouraged to Additional identification documents numbers), email: _ send comments to the OMB, Office of may be required. OIRA [email protected]. Information and Regulatory Affairs at Access to the meeting will not be FOR FURTHER INFORMATION CONTACT: the address shown in the ADDRESSES allowed without prior registration. Contact Michel Smyth by telephone at section within 30 days of publication of Anyone requiring special 202–693–4129 (this is not a toll-free this notice in the Federal Register. In accommodations should contact Mr. Joy number) or by email at order to help ensure appropriate at least seven (7) days in advance of the [email protected]. consideration, comments should meeting. Please submit any comments Authority: 44 U.S.C. 3507(a)(1)(D). mention OMB Control Number 1219– or written statements for consideration SUPPLEMENTARY INFORMATION: Each 0026. The OMB is particularly by the Review Board in writing at least operator of a surface coal mine is interested in comments that: seven (7) days in advance of the meeting required by Regulations 30 CFR 77.1000 • Evaluate whether the proposed date. to establish and follow a ground control collection of information is necessary Gregory Joy, plan that is consistent with prudent for the proper performance of the Policy Advisor/Designated Federal Officer, engineering design and that will ensure functions of the agency, including Bureau of Justice Assistance. safe working conditions. The mine whether the information will have [FR Doc. 2012–21004 Filed 8–24–12; 8:45 am] operator is required by § 77.1000–1 to practical utility; BILLING CODE 4410–18–P file the ground control plan under • Evaluate the accuracy of the § 77.1000 for highwalls, pits, and spoil agency’s estimate of the burden of the banks with the appropriate MSHA proposed collection of information, DEPARTMENT OF LABOR District Manager. The mining methods including the validity of the employed by the operator are selected to methodology and assumptions used; Office of the Secretary ensure highwall, pit, and spoil bank • Enhance the quality, utility, and stability. In the event of a highwall clarity of the information to be Agency Information Collection failure or material dislodgment, there collected; and Activities; Submission for OMB may be very little time to escape • Review; Comment Request; Ground possible injury; therefore, preventive Minimize the burden of the Control Plans for Surface Coal Mines measures must be taken. Each plan is collection of information on those who and Surface Work Areas of based on the type of strata expected to are to respond, including through the Underground Coal Mines be encountered, the height and angle of use of appropriate automated, highwalls and spoil banks, and the electronic, mechanical, or other ACTION: Notice. equipment to be used at the mine. The technological collection techniques or plan is used to show how the mine other forms of information technology, SUMMARY: The Department of Labor operator will maintain safe conditions e.g., permitting electronic submission of (DOL) is submitting the Mine Safety and around the highwalls, pits, and spoil responses. Health Administration (MSHA) banks. Each plan is reviewed by the Agency: DOL–MSHA. sponsored information collection MSHA to ensure highwalls, pits, and Title of Collection: Ground Control request (ICR) titled, ‘‘Ground Control spoil banks are maintained in a safe Plans for Surface Coal Mines and Plans for Surface Coal Mines and condition through the use of sound Surface Work Areas of Underground Surface Work Areas of Underground engineering design. Coal Mines. Coal Mines,’’ to the Office of This information collection is subject OMB Control Number: 1219–0026. Management and Budget (OMB) for to the PRA. A Federal agency generally Affected Public: Private Sector— review and approval for continued use cannot conduct or sponsor a collection Businesses or other for-profits. in accordance with the Paperwork of information, and the public is Reduction Act (PRA) of 1995 (44 U.S.C. generally not required to respond to an Total Estimated Number of 3501 et seq.). information collection, unless it is Respondents: 844. DATES: Submit comments on or before approved by the OMB under the PRA Total Estimated Number of September 26, 2012. and displays a currently valid OMB Responses: 844. ADDRESSES: A copy of this ICR with Control Number. In addition, Total Estimated Annual Burden applicable supporting documentation; notwithstanding any other provisions of Hours: 5,840. including a description of the likely law, no person shall generally be subject Total Estimated Annual Other Costs respondents, proposed frequency of to penalty for failing to comply with a Burden: $2,844. response, and estimated total burden collection of information if the may be obtained from the RegInfo.gov collection of information does not Dated: August 22, 2012. Web site, http://www.reginfo.gov/ display a valid Control Number. See 5 Michel Smyth, public/do/PRAMain, on the day CFR 1320.5(a) and 1320.6. The DOL Departmental Clearance Officer. following publication of this notice or obtains OMB approval for this [FR Doc. 2012–21035 Filed 8–24–12; 8:45 a.m.] by contacting Michel Smyth by information collection under Control BILLING CODE 4510–43–P

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DEPARTMENT OF LABOR stakeholders in order to collect collection instruments are clearly additional information. understood, and the impact of collection Office of the Secretary According to the Procedural requirements on respondents can be Guidelines, if OTLA determines properly assessed. Currently, the Office Dominican Republic—Central circumstances require an extension of of Workers’ Compensation Programs is America—United States Free Trade time, it can delay the report’s soliciting comments concerning the Agreement; Notice of Extension of the publication (Procedural Guidelines, Sec. proposed extension of the existing Period of Review for Submission H.7). OTLA has determined that the collection: Health Insurance Claim Form #2011–03 (Dominican Republic) circumstances require an extension of (OWCP–1500). A copy of the proposed time, pursuant to section H.7 of the AGENCY: Bureau of International Labor information collection request can be Affairs, U.S. Department of Labor. Procedural Guidelines. The extension of obtained by contacting the office listed time is necessary to permit adequate below in the addresses section of this ACTION: Notice. consideration of the following Notice. The Office of Trade and Labor Affairs information that OTLA recently DATES: Written comments must be received: (OTLA) in the Bureau of International • submitted to the office listed in the Labor Affairs (ILAB) of the U.S. Public comments in response to the addresses section below on or before Department of Labor has determined Federal Register Notice (77 FR 36578 October 26, 2012. (2012)) that OTLA issued on June 19, that an extension of time is required for ADDRESSES: Ms. Yoon Ferguson, U.S. 2012, soliciting information relevant to its review of Submission #2011–03 Department of Labor, 200 Constitution concerning the Dominican Republic (the the Submission by July 2, 2012; and • Information the ILAB delegation Ave. NW., Room S–3201, Washington, Submission) filed under Chapter collected during its July 22–25, 2012 DC 20210, telephone (202) 693–0701, Sixteen (the Labor Chapter) of the visit to the Dominican Republic. fax (202) 693–2447, Email Dominican Republic—Central [email protected]. Please use only OTLA will continue to give this America—United States Free Trade one method of transmission for matter the highest priority in order to Agreement (CAFTA–DR). comments (mail, fax, or Email). On December 22, 2011, OTLA complete the review as expeditiously as possible. SUPPLEMENTARY INFORMATION: received the Submission from Father I. Background: The Office of Workers’ Christopher Hartley. It alleges action or DATES: Effective Date: August 20, 2012. Compensation Programs (OWCP) is the inaction by the Government of the FOR FURTHER INFORMATION CONTACT: agency responsible for administration of Dominican Republic that, if Gregory Schoepfle, Director, OTLA, U.S. the Federal Employees’ Compensation substantiated, could be inconsistent Department of Labor, 200 Constitution Act (FECA), 5 U.S.C. 8101 et seq., the with the Dominican Republic’s Avenue NW., Room S–5303, Black Lung Benefits Act (BLBA), 30 commitments under the Labor Chapter. Washington, DC 20210. Telephone: U.S.C. 901 et seq., and the Energy OTLA accepted the Submission for (202) 693–4900 (this is not a toll-free Employees Occupational Illness review on February 22, 2012 (77 FR number). Compensation Program Act of 2000 15397 (2012)), in accordance with its Signed at Washington, DC on August 20, (EEOICPA), 42 U.S.C. 7384 et seq. All published Procedural Guidelines (71 FR 2012. three of these statutes require that 76694 (2006)). Acceptance triggers a Carol Pier, OWCP pay for medical treatment of 180-day fact-finding and review period Acting Deputy Undersecretary, International beneficiaries: BLBA also requires that that results in the issuance of a public Affairs. OWCP pay for medical examinations report of any findings and [FR Doc. 2012–21044 Filed 8–24–12; 8:45 am] and related diagnostic services to recommendations. The objective of fact- BILLING CODE 4510–28–P determine eligibility for benefits under finding and review is to gather that statute. Form OWCP–1500 is used information so that OTLA can better by OWCP and contractor bill processing understand the case and publicly report DEPARTMENT OF LABOR staff to process bills for medical services on the U.S. Government’s views provided by medical professionals other regarding whether the Government of Office of Workers’ Compensation than medical services provided by the Dominican Republic’s action or Programs hospitals, pharmacies and certain other inaction was consistent with the medical providers. To consider the Proposed Extension of Existing obligations set forth in the Labor appropriateness of the requested Collection; Comment Request Chapter. The public report will include payment in a timely fashion, it is a summary of the review process, as ACTION: Notice. essential that provider bills be well as any findings and submitted on a standard form that will recommendations. SUMMARY: The Department of Labor, as capture the critical data elements As part of its ongoing review, OTLA part of its continuing effort to reduce needed to evaluate the bill, such as sent a delegation to the Dominican paperwork and respondent burden, procedure and diagnosis codes. This Republic from April 22–30, 2012, to conducts a preclearance consultation information collection is currently gather information on issues raised by program to provide the general public approved for use through November 30, the Submission. The OTLA delegation and Federal agencies with an 2012. met with representatives from the opportunity to comment on proposed II. Review Focus: The Department of Government of the Dominican Republic, and/or continuing collections of Labor is particularly interested in employers, workers, and other groups information in accordance with the comments which: with information relevant to the Paperwork Reduction Act of 1995 • Evaluate whether the proposed Submission. ILAB conducted a follow- (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This collection of information is necessary up visit to the Dominican Republic from program helps to ensure that requested for the proper performance of the July 22–25, 2012, during which its data can be provided in the desired functions of the agency, including delegation met again with the above format, reporting burden (time and whether the information will have representatives and with additional financial resources) is minimized, practical utility;

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• Evaluate the accuracy of the SUMMARY: The Department of Labor, as II. Review Focus: The Department of agency’s estimate of the burden of the part of its continuing effort to reduce Labor is particularly interested in proposed collection of information, paperwork and respondent burden, comments which: including the validity of the conducts a preclearance consultation • Evaluate whether the proposed methodology and assumptions used; program to provide the general public collection of information is necessary • Enhance the quality, utility and and Federal agencies with an for the proper performance of the clarity of the information to be opportunity to comment on proposed functions of the agency, including collected; and and/or continuing collections of whether the information will have • Minimize the burden of the information in accordance with the practical utility; collection of information on those who Paperwork Reduction Act of 1995 • Evaluate the accuracy of the are to respond, including through the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This agency’s estimate of the burden of the use of appropriate automated, program helps to ensure that requested proposed collection of information, electronic, mechanical, or other data can be provided in the desired including the validity of the technological collection techniques or format, reporting burden (time and methodology and assumptions used; other forms of information technology, financial resources) is minimized, • e.g., permitting electronic submissions collection instruments are clearly Enhance the quality, utility and of responses. understood, and the impact of collection clarity of the information to be III. Current Actions: The Department requirements on respondents can be collected; and of Labor seeks the approval of the properly assessed. Currently, the Office • Minimize the burden of the extension of this currently approved of Workers’ Compensation Programs is collection of information on those who information collection in order to carry soliciting comments concerning its are to respond, including through the out its responsibility to provide proposal to extend OMB approval of the use of appropriate automated, payment for certain covered medical information collection: Representative electronic, mechanical, or other services to eligible employees who are Fee Request (CA–143/CA–155). A copy technological collection techniques or covered under FECA, BLBA or of the proposed information collection other forms of information technology, EEOICPA. request can be obtained by contacting e.g., permitting electronic submissions Type of Review: Extension. the office listed below in the addresses of responses. Agency: Office of Workers’ section of this Notice. III. Current Actions: The Department Compensation Programs. DATES: Written comments must be of Labor seeks the approval for the Title: Health Insurance Claim Form. submitted to the office listed in the extension of this currently approved OMB Number: 1240–0044. addresses section below on or before information collection in order to carry Agency Number: OWCP–1500. October 26, 2012. out its responsibility to approve Affected Public: Individuals or representative fees under the two Acts. households, businesses or other for- ADDRESSES: Ms Yoon Ferguson, U.S. profit. Department of Labor, 200 Constitution Type of Review: Extension. Total Respondents: 71,304. Ave. NW., Room S–3201, Washington, Agency: Office of Workers’ Total Responses: 3,036,067. DC 20210, telephone (202) 693–0701, Compensation Programs. Time per Response: 1—7 minutes. fax (202) 693–2447, Email Title: Representative Fee Request [email protected]. Please use only Estimated Total Burden Hours: OMB Number: 1240–0049. 322,838. one method of transmission for Total Burden Cost (capital/startup): comments (mail, fax, or Email). Agency Number: CA–143/CA–155. $0. SUPPLEMENTARY INFORMATION: Affected Public: Business or other for- profit, Individuals or households. Total Burden Cost (operating/ I. Background: Individuals filing for maintenance): $0. compensation benefits with the Office of Total Respondents: 12,363. Comments submitted in response to Workers’ Compensation Programs Total Annual Responses: 12,363. this notice will be summarized and/or (OWCP) may be represented by an included in the request for Office of Average Time per Response: 30 attorney or other representative. The minutes. Management and Budget approval of the representative is entitled to request a fee Estimated Total Burden Hours: 6,182. information collection request; they will for services under the Federal also become a matter of public record. Employees’ Compensation Act (FECA) Frequency: On occasion. Dated: August 21, 2012. and under the Longshore and Harbor Total Burden Cost (capital/startup): Yoon Ferguson, Workers’ Compensation Act (LHWCA). $0. Agency Clearance Officer, Office of Workers’ The fee must be approved by the OWCP Total Burden Cost (operating/ Compensation Programs, U.S. Department of before any demand for payment can be maintenance): $15,696. made by the representative. This Labor. Comments submitted in response to information collection request sets forth [FR Doc. 2012–20957 Filed 8–24–12; 8:45 am] this notice will be summarized and/or the criteria for the information, which BILLING CODE 4510–CR–P included in the request for Office of must be presented by the respondent in Management and Budget approval of the order to have the fee approved by the information collection request; they will DEPARTMENT OF LABOR OWCP. The information collection does also become a matter of public record. not have a particular form or format; the Office of Workers’ Compensation respondent must present the Dated: August 21, 2012. Programs information in any format which is Yoon Ferguson, convenient and which meets all the Agency Clearance Officer, Office of Workers’ Proposed Extension of Existing required information criteria. This Compensation Programs, U.S. Department of Collection; Comment Request information collection is currently Labor. approved for use through December 31, [FR Doc. 2012–20961 Filed 8–24–12; 8:45 am] ACTION: Notice. 2012. BILLING CODE 4510–CH–P

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DEPARTMENT OF LABOR home health aides in the home. In order collection in order to carry out its to determine whether billed amounts responsibility to provide payment for Office of Workers’ Compensation are appropriate, OWCP needs to identify covered medical services to Programs the patient, the specific services that beneficiaries who are covered under were rendered and their relationship to FECA, BLBA and EEOICPA. Proposed Extension of Existing the work-related injury or illness. The Type of Review: Extension Collection; Comment Request regulations implementing these statutes Agency: Office of Workers’ require the use of Form OWCP–04 or ACTION: Notice. Compensation Programs UB–04 for the submission of medical Title: Uniform Billing Form SUMMARY: The Department of Labor, as bills from institutional providers (20 OMB Number: 1240–0019 part of its continuing effort to reduce CFR 10.801, 30.701, 725.405, 725.406, Agency Number: OWCP–04 paperwork and respondent burden, 725.701 and 725.704). The Uniform Affected Public: Individuals or conducts a preclearance consultation Billing form, known as the paper UB– households; Businesses or other for- program to provide the general public 04, has been approved by the American profit; Not-for-profit institutions and Federal agencies with an Hospital Association, the Centers for Total Respondents: 6,947 opportunity to comment on proposed Medicare and Medicaid Services and Total Responses: 230,997 and/or continuing collections of the Civilian Health and Medical Time per Response: 1–7 minutes information in accordance with the Program of Uniformed Services Estimated Total Burden Hours: 26,599 Paperwork Reduction Act of 1995 (CHAMPUS), by various other Total Burden Cost (capital/startup): (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This government health care providers, and $0 program helps to ensure that requested the private sector to request payment to Total Burden Cost (operating/ data can be provided in the desired institutional providers of medical maintenance): $0 format, reporting burden (time and services. The paper UB–04 has been Comments submitted in response to financial resources) is minimized, designed by the National Uniform this notice will be summarized and/or collection instruments are clearly Billing Committee and is neither a included in the request for Office of understood, and the impact of collection government-printed form nor Management and Budget approval of the requirements on respondents can be distributed by OWCP. However, this information collection request; they will properly assessed. Currently, the Office collection includes the paper UB–04 as also become a matter of public record. of Workers’ Compensation Programs is a collection instrument, with detailed Dated: August 21, 2012. soliciting comments concerning the instructions prepared by OWCP to Yoon Ferguson, proposed extension of the existing ensure that it obtains only the collection: Uniform Billing Form information needed to consider requests Agency Clearance Officer, Office of Workers’ (OWCP–04). A copy of the proposed Compensation Programs, U.S. Department of for payment from institutional providers Labor. information collection request can be using this billing form. This information [FR Doc. 2012–20958 Filed 8–24–12; 8:45 am] obtained by contacting the office listed collection is currently approved for use below in the addresses section of this through November 30, 2012. BILLING CODE 4510–CR–P Notice. II. Review Focus DATES: Written comments must be LIBRARY OF CONGRESS submitted to the office listed in the The Department of Labor is particularly interested in comments addresses section below on or before Copyright Royalty Board October 26, 2012. which: • Evaluate whether the proposed ADDRESSES: Ms Yoon Ferguson, U.S. collection of information is necessary Notice of Intent To Audit Department of Labor, 200 Constitution for the proper performance of the AGENCY: Ave. NW., Room S–3201, Washington, Copyright Royalty Board, functions of the agency, including Library of Congress. DC 20210, telephone (202) 693–0701, whether the information will have ACTION: Public notice. fax (202) 693–2447, Email practical utility; [email protected]. Please use only • Evaluate the accuracy of the SUMMARY: The Copyright Royalty Judges one method of transmission for agency’s estimate of the burden of the are announcing receipt of two notices of comments (mail, fax, or Email). proposed collection of information, intent to audit the 2009, 2010, and 2011 SUPPLEMENTARY INFORMATION: including the validity of the statements of account submitted by methodology and assumptions used; I. Background • DKCM, Inc. and Greater Media, Inc., Enhance the quality, utility and concerning the royalty payments made The Office of Workers’ Compensation clarity of the information to be Programs (OWCP) is the agency by each pursuant to two statutory collected; and licenses. responsible for administration of the • Minimize the burden of the Federal Employees’ Compensation Act collection of information on those who FOR FURTHER INFORMATION CONTACT: (FECA), 5 U.S.C. 8101 et seq., the Black are to respond, including through the LaKeshia Keys, Program Specialist, by Lung Benefits Act (BLBA), 30 U.S.C. 901 use of appropriate automated, telephone at (202) 707–7658 or email at et seq., and the Energy Employees electronic, mechanical, or other [email protected]. Occupational Illness Compensation technological collection techniques or SUMMARY INFORMATION: The Copyright Program Act of 2000 (EEOICPA), 42 other forms of information technology, Act, title 17 of the United States Code, U.S.C. 7384 et seq. All three of these e.g., permitting electronic submissions grants to copyright owners of sound statutes require that OWCP pay for of responses. recordings the exclusive right to medical treatment of beneficiaries; this perform publicly sound recordings by medical treatment can include III. Current Actions means of certain digital audio inpatient/outpatient hospital services, The Department of Labor seeks the transmissions, subject to certain as well as services provided by nursing approval of the extension of this limitations. Specifically, this right is homes, skilled nursing facilities and currently approved information limited to two statutory licenses. The

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section 114 license allows the public OFFICE OF MANAGEMENT AND respondents are encouraged to use performance of sound recordings by BUDGET electronic communications. means of digital audio transmissions by Jeffrey D. Zients, nonexempt noninteractive digital OMB Sequestration Update Report to Acting Director. subscription services and eligible the President and Congress for Fiscal [FR Doc. 2012–20939 Filed 8–24–12; 8:45 am] nonsubscription services. 17 U.S.C. Year 2013 114(f). The second license allows a BILLING CODE P service to make any necessary AGENCY: Executive Office of the ephemeral reproductions to facilitate President, Office of Management and the digital transmission of the sound Budget. NATIONAL SCIENCE FOUNDATION recording. 17 U.S.C. 112(e). ACTION: Notice of availability of the Notice of Permit Applications Licensees may operate under these OMB Sequestration Update Report to Received; Under the Antarctic licenses provided they pay the royalty the President and Congress for FY 2013. Conservation Act of 1978 fees and comply with the terms set by (Pub. L. 95–541) the Copyright Royalty Judges. The rates SUMMARY: Public Law 112–25, the and terms for the section 112 and 114 Budget Control Act of 2011 (BCA, ‘‘the AGENCY: National Science Foundation. licenses are set forth in 37 CFR part 380. Act’’) amended the Balanced Budget ACTION: Notice of Permit Applications As part of the terms set for these and Emergency Deficit Control Act of Received under the Antarctic licenses, the Judges designated 1985 (BBEDCA) by reinstating the Conservation Act of 1978, Public Law SoundExchange, Inc., as the discretionary spending limits that had 95–541. organization charged with collecting the expired after 2002. Section 254 of the SUMMARY: The National Science royalty payments and statements of BBEDCA requires the Office of Management and Budget (OMB) to issue Foundation (NSF) is required to publish account submitted by eligible a notice of permit applications received nonsubscription services such as, a Sequestration Update Report on August 20th of each year on the overall to conduct activities regulated under the among others, Commercial Webcasters Antarctic Conservation Act of 1978. and Broadcasters, and distributing the status of discretionary legislation. This report provides OMB’s current estimates NSF has published regulations under royalties to the copyright owners and the Antarctic Conservation Act at Title of the spending limits set in the Act and performers entitled to receive such 45 Part 670 of the Code of Federal OMB’s scoring of pending royalties under the section 112 and 114 Regulations. This is the required notice appropriations legislation against those licenses. 37 CFR 380.4(b)(1) of permit applications received. limits as of August 2012. As required, (Commercial Webcasters), 380.13(b)(1) these estimates rely on the same DATES: Interested parties are invited to (Broadcasters). As the designated economic and technical assumptions submit written data, comments, or Collective, SoundExchange may used in the President’s 2013 Budget, views with respect to this permit conduct a single audit of a licensee for which the Administration transmitted to application by September 26, 2012. This any calendar year for the purpose of the Congress on February 13, 2012. application may be inspected by verifying their royalty payments. interested parties at the Permit Office, SoundExchange must first file with the DATES: Effective Date: Sec. 254(b). address below. Judges a notice of intent to audit a SUBMISSION AND AVAILABILITY OF ADDRESSES: Comments should be licensee and serve the notice on the REPORTS.—Each report required by addressed to Permit Office, Room 755, licensee to be audited. 37 CFR 380.6(c), this section shall be submitted, in the Office of Polar Programs, National 380.15(c). case of CBO, to the House of Science Foundation, 4201 Wilson Representatives, the Senate and OMB On August 8, 2012, SoundExchange Boulevard, Arlington, Virginia 22230. and, in the case of OMB, to the House filed with the Judges separate notices of FOR FURTHER INFORMATION CONTACT: of Representatives, the Senate, and the intent to audit DKCM, Inc., a Polly A. Penhale at the above address or President on the day it is issued. On the Commercial Webcaster, and Greater (703) 292–7420. following day a notice of the report shall Media, Inc., a Broadcaster, for the years SUPPLEMENTARY INFORMATION: The be printed in the Federal Register. 2009, 2010, and 2011. Sections 380.6(c) National Science Foundation, as and 380.15(c) require the Judges to ADDRESSES: The OMB Sequestration directed by the Antarctic Conservation publish a notice in the Federal Register Reports to the President and Congress is Act of 1978 (Pub. L. 95–541), as within 30 days of receipt of the notice available on-line on the OMB home amended by the Antarctic Science, announcing the Collective’s intent to page at: http://www.whitehouse.gov/ Tourism and Conservation Act of 1996, conduct an audit. omb/legislative_reports/sequestration. has developed regulations for the establishment of a permit system for In accordance with §§ 380.6(c) and FOR FURTHER INFORMATION CONTACT: various activities in Antarctica and 380.15(c), the Copyright Royalty Judges Thomas Tobasko, 6202 New Executive designation of certain animals and are publishing today’s notice to fulfill Office Building, Washington, DC 20503, certain geographic areas requiring this requirement with respect to Email address: [email protected], special protection. The regulations SoundExchange’s respective notices of telephone number: (202) 395–5745, FAX establish such a permit system to intent to audit DKCM, Inc., and Greater number: (202) 395–4768 or Jenny designate Antarctic Specially Protected Media, Inc., each filed August 8, 2012. Winkler Murray, 6236 New Executive Areas. Office Building, Washington, DC 20503, Dated: August 22, 2012. The applications received are as Email address: [email protected], follows: Suzanne M. Barnett, telephone number: (202) 395–7763, FAX Chief Copyright Royalty Judge. number: (202) 395–4768. Because of 1. Applicant [FR Doc. 2012–21049 Filed 8–24–12; 8:45 am] delays in the receipt of regular mail Philip R. Kyle, Department of Earth BILLING CODE 1410–72–P related to security screening, and Environmental Science, NM

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Institute of Mining and Technology, Contention 4A, which is described more 5. Impacts on water quality and the Socorro, NM 87801. fully below.3 aquatic environment due to increased Permit Application: 2013–018. The evidentiary hearing will be held nutrients resulting from destructive under the authority of the Atomic wildfires resulting from dewatering. Activity for Which Permit Is Requested Energy Act, 42 U.S.C. 2231, 2239, and B. Impacts to wetlands, floodplains, Enter Antarctic Specially Protected 2241. It will be conducted pursuant to special aquatic sites, and other waters, Areas. The applicant plans to enter the NRC hearing procedures set forth in associated with salt drift and salt ASPA 130-Tramway Ridge, Mt. Erebus 10 CFR Part 2, Subpart L, 10 CFR deposition resulting from cooling towers to measure soil temperatures and 2.1200–2.1213. During the course of this (that use salt water) being situated in an sample gases emitted in weak gas vents adjudicatory proceeding the Board may inland, freshwater wetland area of the for comparison with gases emitted also hear oral arguments as provided in LNP site. elsewhere on Erebus. The composition 10 CFR 2.331 and may hold various C. As a result of the omissions and of the gas emissions is important as it prehearing conferences pursuant to 10 inadequacies described above, the Draft is likely the source of nutrients/energy CFR 2.329. These may be held via Environmental Impact Statement also that supports extremophiles in the soil. teleconference, video-conference, and/ failed to adequately identify, and inappropriately characterizes as Location or in person. Except where certain legally privileged documents or SMALL, the proposed project’s zone of: ASPA 130-Tramway Ridge, Mt. testimony are being heard, all of the 1. Environmental impacts; Erebus, Ross Island. 2. Impact on Federally listed species; proceedings will be open to the public. 3. Irreversible and irretrievable Dates See 10 CFR 2.328. environmental impacts; and December 1, 2012 to January 31, 2014. A. Matters To Be Considered 4. Appropriate mitigation measures. Nadene G. Kennedy, Contention 4A, as it will be litigated B. Date, Time, and Location of Evidentiary Hearing Permit Officer, Office of Polar Programs. during the October 31, 2012 evidentiary hearing,4 reads as follows: [FR Doc. 2012–20990 Filed 8–24–12; 8:45 am] The Board will convene the The Final Environmental Impact BILLING CODE 7555–01–P evidentiary hearing on Wednesday, Statement (FEIS) fails to comply with 10 October 31, 2012, at 9:00 a.m. e.d.t., in CFR Part 51 and the National the Levy County Courthouse. The Environmental Policy Act because it courthouse is located at 355 South Court NUCLEAR REGULATORY fails to specifically and adequately Street, Bronson, Florida. If the COMMISSION address, and inappropriately evidentiary hearing lasts longer than characterizes as SMALL, certain direct, one day, we will adjourn at indirect, and cumulative impacts, onsite [Docket Nos. 52–029–COL, 52–030–COL; approximately 5:00 p.m. on October 31 ASLBP No. 09–879–04–COL–BD01] and offsite, of constructing and and will reconvene and continue at 9:00 operating the proposed LNP facility: a.m. e.d.t. on Thursday, November 1, Atomic Safety and Licensing Board; In A. Impacts to wetlands, floodplains, 2012. We anticipate that the evidentiary the Matter of Progress Energy Florida, special aquatic sites, and other waters, hearing will not take more than two Inc. (Levy County Nuclear Power Plant, associated with dewatering, specifically: days. Units 1 and 2) 1. Impacts resulting from active and Members of the public and media are passive dewatering; welcome to attend and observe the August 21, 2012. 2. Impacts resulting from the evidentiary hearing. Actual Before Administrative Judges: Alex S. Karlin, connection of the site to the underlying participation in the hearing will be Chairman, Dr. Anthony J. Baratta and Dr. Floridan aquifer system; limited to the parties and their lawyers Randall J. Charbeneau 3. Impacts on Outstanding Florida and witnesses.5 Please be aware that Notice of Hearing Waters such as the Withlacoochee and security measures may be employed at Waccasassa Rivers; the entrance to the facility, including This Atomic Safety and Licensing 4. Impacts on water quality and the searches of hand-carried items such as Board gives notice that it will convene aquatic environment due to alterations briefcases or backpacks. No signs will be an evidentiary hearing with regard to a and increases in nutrient concentrations permitted in the courtroom. challenge by the Nuclear Information caused by the removal of water; and and Resource Service and the Ecology C. Limited Appearance Statements Party of Florida (Intervenors) 1 to an 3 A motion to admit another contention was filed The purpose of limited appearance application by Progress Energy Florida, on July 9, 2012 and is currently pending. Pursuant statements is to allow members of the Inc. (PEF) to construct and operate two to an order of the Commission, CLI–12–16, the public who are not parties to the new nuclear power reactors in Levy Board has placed this proposed new contention in adjudication to provide the Board with County, Florida.2 The evidentiary abeyance. Order (Holding Proposed New Contention in Abeyance) (Aug. 16, 2012) statements setting forth their positions hearing will be held in Bronson, Florida (unpublished). or concerns on matters relating to the and will commence on October 31, 4 This contention has evolved during the course admitted contentions. This Board 2012. The hearing will concern the one of this proceeding. First, the contention challenged already conducted two oral limited admitted contention in this proceeding, the adequacy of the Environmental Report, a document submitted by PEF. See LBP–09–10, 70 appearance statement sessions regarding NRC 51, 106 (2009). Next, the Intervenors Contention 4A in Crystal River, Florida, 1 The Green Party of Florida was one of the interposed substantially the same contention on Thursday, January 12, 2012. See Tr. original intervenors herein, but it subsequently challenging the adequacy of the Draft at 698–827, 876–927. Thus, we will not withdrew. See Notice of Withdrawal (May 17, Environmental Impact Statement issued by the NRC 2012). Staff. See Memorandum and Order (Admitting hear further oral limited appearance 2 See Progress Energy Florida, Inc.; Application Contention 4A) (Feb. 2, 2011) (unpublished). for the Levy County Nuclear Power Plant Units 1 Finally, when the NRC Staff issued the Final 5 The parties consist of the Nuclear Information and 2; Notice of Order, Hearing, and Opportunity Environmental Impact Statement, this same and Resource Service, the Ecology Party of Florida, To Petition for Leave To Intervene, 73 FR 74,532, contention migrated and continued to be admitted Progress Energy Florida, Inc., and the Staff of the 74,532 (Dec. 8, 2008). as a challenge to the FEIS. Tr. at 856. Nuclear Regulatory Commission.

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statements. However, the Board will that page, click on the link identified as the Railroad Unemployment Insurance continue to accept written limited ‘‘Begin Web-Based ADAMS Search.’’ Act (RUIA), railroad employers are appearance statements until October 24, Persons who have difficulty in required to submit reports of employee 2012. Such written statements should be conducting useful searches in ADAMS service and compensation to the RRB as submitted in one of the following or who otherwise encounter problems in needed for administering the RRA and methods: accessing the documents located in RUIA. To pay benefits due on a Mail: Office of the Secretary, ADAMS may contact the NRC Public deceased employee’s earnings records or Rulemakings and Adjudications Staff, Document Room (PDR) reference staff determine entitlement to, and amount of U.S. Nuclear Regulatory Commission, by telephone at (800) 397–4209 or (301) annuity applied for, it is necessary at Washington, DC 20555–0001. 415–4737, or by e-mail at [email protected]. times to obtain from railroad employers Fax: (301) 415–1101 (verification In addition, hard copies of Board current (lag) service and compensation (301) 415–1966). orders, notices and/or memoranda are not yet reported to the RRB through the Email: [email protected], also available at the NRC PDR, located annual reporting process. The reporting In addition, using the same method of at One White Flint North, 11555 requirements are specified in 20 CFR service, a copy of the written limited Rockville Pike (first floor), Rockville, 209.6 and 209.7. The RRB currently appearance statement should be sent to Maryland. utilizes Form G–88A.1, Notice of the Chairman of this Licensing Board as Finally, the public is advised that the Retirement and Verification of Date Last follows: Secretary of the Commission will give Worked, Form G–88A.2, Notice of Mail: Alex S. Karlin, Chairman, c/o: notice of filings and other events in this Retirement and Request for Service Matthew E. Flyntz, Law Clerk, Atomic proceeding to any member of the public Needed for Eligibility, and Form AA–12, Safety and Licensing Board Panel, Mail who requests it.6 See 10 CFR 2.315(b). Notice of Death and Compensation, to Stop T–3 E2C, U.S. Nuclear Regulatory obtain the required lag service and Commission, Washington, DC 20555– Dated: Rockville, Maryland, August 21, 2012. related information from railroad 0001. employers. Form G–88A.1 is a Fax: (301) 415–5599 (verification For the Atomic Safety and Licensing computer-generated listing sent by the (301) 415–7405). Board. Email: [email protected]. Alex S. Karlin, RRB to railroad employers and used for Chairman, Administrative Judge. the specific purpose of verifying D. Availability of Documentary [FR Doc. 2012–21005 Filed 8–24–12; 8:45 am] information previously provided to the Information Regarding the Proceeding RRB regarding the date last worked by BILLING CODE 7590–01–P Documents relating to this Atomic an employee. If the information is Safety and Licensing Board adjudicatory correct, the employer need not reply. If the information is incorrect, the proceeding such as the parties’ RAILROAD RETIREMENT BOARD statements of position, pre-filed employer is asked to provide corrected testimony, pre-filed evidentiary Proposed Collection; Comment information. Form G–88A.2 is used by exhibits, transcripts of prior conferences Request the RRB to secure lag service and and oral arguments, and copies or prior compensation information when it is orders and rulings issued by this Board Summary: In accordance with the needed to determine benefit eligibility. in this case, are available for public requirement of Section 3506 (c)(2)(A) of Form AA–12 obtains a report of lag inspection at the Nuclear Regulatory the Paperwork Reduction Act of 1995 service and compensation from the last Commission’s ‘‘Electronic Hearing which provides opportunity for public railroad employer of a deceased Docket’’ (EHD). The EHD is located at comment on new or revised data employee. This report covers the lag http://adams.nrc.gov/ehd/. Interested collections, the Railroad Retirement period between the date of the latest persons should access that Web page Board (RRB) will publish periodic record of employment processed by the and click on the tab identified as summaries of proposed data collections. RRB and the date an employee last ‘‘Levy_County_52–029 & 52–030–COL.’’ Comments are invited on: (a) Whether worked, the date of death or the date the The documents in that portion of the the proposed information collection is employee may have been entitled to EHD will be the primary focus of the necessary for the proper performance of benefits under the Social Security Act. evidentiary hearing. The public should the functions of the agency, including The information is used by the RRB to be aware that new documents are whether the information has practical determine benefits due on the deceased regularly added to the EHD as the utility; (b) the accuracy of the RRB’s employee’s earnings record. The RRB parties file pleadings and the Board estimate of the burden of the collection proposes no changes to Forms AA–12 or issues orders or notices. Therefore this of the information; (c) ways to enhance G–88A.2; minor editorial changes to the Web site should be monitored regularly the quality, utility, and clarity of the paper version of Form G–88A.1 and the by interested members of the public. information to be collected; and (d) implementation of an Internet In addition, the broader category of all ways to minimize the burden related to equivalent version of Forms G–88A.1 of NRC’s public documents related to the collection of information on and G–88A.2 that can be submitted PEF’s application and the responses, respondents, including the use of through the RRB’s Employer Reporting questions, and other documents automated collection techniques or System (ERS). generated by the NRC Staff (such as other forms of information technology. In addition, 20 CFR 209.12(b) requires PEF’s Combined License Application 1. Title and purpose of information all railroad employers to furnish the and the NRC’s Environmental Impact collection: Employer Reporting; 3220– RRB with the home addresses of all Statements) may be accessed via the 0005. employees hired within the last year publicly available records component of Under Section 9 of the Railroad (new-hires). Form BA–6a, Form BA–6 NRC’s document system (ADAMS). Retirement Act (RRA), and Section 6 of Address Report, is used by the RRB to ADAMS can be accessed via the NRC obtain home address information of 6 Any such request may be directed to the Web site at http://www.nrc.gov/ and Secretary of the Commission by electronic mail at employees from railroad employers who then clicking on the link specified as: [email protected] or by telephone at (301) do not have the home address ‘‘ADAMS Public Documents.’’ Once on 415–1677. information computerized and who

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submit the information in a paper electronically by magnetic tape Completion of the forms is format. The form also serves as an cartridge, CD–ROM, PC diskette, secure mandatory. Multiple responses may be instruction sheet to railroad employers Email, or via ERS. The RRB proposes no filed by respondent. who can submit the information changes to Form BA–6a.

ESTIMATE OF ANNUAL RESPONDENT BURDEN [The estimated annual respondent burden is as follows]

Annual Time Burden Form No. responses (minutes) (hours)

AA–12 ...... 60 5 5 G–88A.1 ...... 100 5 8 G–88A.1 Internet ...... 260 4 17 G–88A.1 Internet (Class 1 railroads) ...... 144 16 38 G–88A.2 ...... 100 5 8 G–88A.2 (Internet) ...... 1,200 2.5 50 BA–6a Electronic Equivalent* ...... 14 15 4 BA–6a (E-mail) ...... 30 15 8 BA–6a (File Transfer Protocol) ...... 10 15 3 BA–6a Internet (RR initiated) ...... 250 17 71 BA–6a Internet (RRB initiated) ...... 250 12 50 BA–6a Paper (RR initiated) ...... 80 32 43 BA–6a Paper (RRB initiated) ...... 250 32 133

Total ...... 2,748 ...... 438

2. Title and purpose of information death, and (4) monthly survivor information from surviving relatives collection: Survivor Questionnaire; insurance payments. The requirements needed to determine if any further OMB 3220–0032. for determining the entitlement of benefits are payable under the RRA. Under Section 6 of the Railroad possible beneficiaries to these benefits Completion is voluntary. One response Retirement Act (RRA), benefits that may are prescribed in 20 CFR part 234. is requested of each respondent. The be due on the death of a railroad When the RRB receives notification of RRB proposes collecting identifying employee or a survivor annuitant the death of a railroad employee or information when a trustee pays the include (1) a lump-sum death benefit (2) survivor annuitant, an RRB field office burial expenses; minor non-burden a residual lump-sum payment (3) utilizes Form RL–94–F, Survivor impacting clarification; and editorial accrued annuities due but unpaid at Questionnaire, to secure additional changes to Form RL–94–F.

ESTIMATE OF ANNUAL RESPONDENT BURDEN [The estimated annual respondent burden is as follows]

Annual Time Burden Form No. responses (minutes) (hours)

RL–94–F, Items 5–10, and 18 ...... 50 9 8 RL–94–F, Items 5–18 ...... 7,200 11 1,320 RL–94–F, Item 18 only ...... 750 5 63

Total ...... 8,000 ...... 1,391

3. Title and purpose of information an employment relation between the The RRB is proposing revisions to collection: Employer’s Deemed Service employee and his or her employer. The Form GL–99 to obtain only a ‘‘Yes’’ or Month Questionnaire; OMB 3220–0156. procedures pertaining to the deeming of ‘‘No’’ response regarding whether an Section 3(i) of the Railroad Retirement additional months of service are found employee was in an employment Act (RRA), as amended by Public Law in the RRB’s regulations at 20 CFR part relationship with an employer during 98–76, provides that the Railroad 210, Creditable Railroad Service. any months indicated on the GL–99 as Retirement Board (RRB), under certain The RRB utilizes Form GL–99, not worked. Other minor non-burden circumstances, may deem additional Employer’s Deemed Service Months impacting editorial changes are also months of service in cases where an Questionnaire, to obtain service and proposed. Completion is mandatory. employee does not actually work in compensation information from railroad One response is required for each RRB every month of the year, provided the employers to determine if an employee inquiry. employee satisfies certain eligibility can be credited with additional deemed requirements, including the existence of months of railroad service.

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ESTIMATE OF ANNUAL RESPONDENT BURDEN [The estimated annual respondent burden is as follows]

Annual Time Burden Form No. responses (minutes) (hours)

GL–99 ...... 4,000 2 133

Additional Information or Comments: compliance with specified market Traders (‘‘RSQTs’’),5 specialists,6 and To request more information or to making obligations pursuant to the rule Remote Specialists.7 As set forth in Rule obtain a copy of the information will be determined on a monthly basis. 1014, market makers have an obligation collection justification, forms, and/or The text of the proposed rule change to make two-sided markets in products listed on the Exchange. This rule change supporting material, contact Dana is available on the Exchange’s Web site Hickman at (312) 751–4981 or proposal does not negate any of the at http:// [email protected]. Comments general market making obligations nasdaqomxphlx.cchwallstreet.com/ regarding the information collection established in Rule 1014. These Rule should be addressed to Charles NASDAQOMXPHLX/Filings/, at the 1014 market making obligations Mierzwa, Railroad Retirement Board, principal office of the Exchange, and at continue in force. This proposal only 844 North Rush Street, Chicago, Illinois the Commission’s Public Reference clarifies one discreet part of Rule 1014 60611–2092 or emailed to Room. to make it identical to the rules of other [email protected]. Written II. Self-Regulatory Organization’s options exchanges, as discussed below. comments should be received within 60 Statement of the Purpose of, and Market Making Obligations days of this notice. Statutory Basis for, the Proposed Rule Currently, Rule 1014 sets forth the Charles Mierzwa, Change market making obligations of all market Chief of Information Resources Management. In its filing with the Commission, the makers. Sub-section (b)(ii)(D)(1) of Rule [FR Doc. 2012–20980 Filed 8–24–12; 8:45 am] Exchange included statements 1014 states that SQTs and RSQTs (when BILLING CODE 7905–01–P they do not function as Remote concerning the purpose of and basis for Specialists) shall be responsible to quote the proposed rule change and discussed two-sided markets in not less than 60% any comments it received on the SECURITIES AND EXCHANGE of the series in which such SQTs or proposed rule change. The text of these COMMISSION RSQTs are assigned; provided that, on statements may be examined at the any given day, a DRSQT or DSQT shall [Release No. 34–67700; File No. SR–Phlx– places specified in Item IV below. The 2012–108] be responsible to quote two-sided Exchange has prepared summaries, set markets in the lesser of 99% of the forth in sections A, B, and C below, of Self-Regulatory Organizations; series listed on the Exchange or 100% NASDAQ OMX PHLX LLC; Notice of the most significant aspects of such of the series listed on the Exchange Filing and Immediate Effectiveness of statements. minus one call-put pair. The sub-section Proposed Rule Change Regarding Rule A. Self-Regulatory Organization’s states also that whenever a DSQT or 1014 Statement of the Purpose of, and DRSQT enters a quotation in an option in which such DSQT or DRSQT is August 21, 2012. Statutory Basis for, the Proposed Rule Change assigned, such DSQT or DRSQT must Pursuant to Section 19(b)(1) of the maintain until the close of that trading Securities Exchange Act of 1934 1. Purpose day quotations for the lesser of 99% of (‘‘Act’’),1 and Rule 19b–4) 2 thereunder, the series of the option listed on the notice is hereby given that on August The purpose of this proposed rule Exchange or 100% of the series of the 13, 2012, NASDAQ OMX PHLX LLC change is to amend Rule 1014 to (‘‘Phlx’’ or ‘‘Exchange’’) filed with the indicate that compliance with specified 5 An RSQT is an ROT that is a member or member Securities and Exchange Commission market making obligations pursuant to organization with no physical trading floor (‘‘SEC’’ or ‘‘Commission’’) the proposed the rule will be determined on a presence who has received permission from the Exchange to generate and submit option quotations rule change as described in Items I, II, monthly basis. electronically in options to which such RSQT has and III below, which Items have been been assigned. An RSQT may only submit such prepared by the Exchange. The Background quotations electronically from off the floor of the Exchange. See Rule 1014(b)(ii)(B). Commission is publishing this notice to Market makers on the Exchange solicit comments on the proposed rule Rule 1014 also discusses other market makers include Registered Options Traders including Directed SQTs and Directed RSQTs, change from interested persons. (‘‘ROTs’’),3 Streaming Quote Traders which receive Directed Orders as defined in Rule 4 1080(l)(i)(A). Specialists may likewise receive I. Self-Regulatory Organization’s (‘‘SQTs’’), Remote Streaming Quote Directed Orders. Statement of the Terms of Substance of 6 A member may not act as an options specialist the Proposed Rule Change 3 An ROT is a regular member or a foreign (to include a Remote Specialist as defined in Rule currency options participant of the Exchange 1020(a)(ii)) in any option unless such member is The Exchange is filing with the located on the trading floor who has received registered as an options specialist in such option by Commission a proposal to amend Rule permission from the Exchange to trade in options the Exchange pursuant to Rule 501 and such 1014 (Obligations and Restrictions for his own account. See Rule 1014 (b)(i). registration may be revoked or suspended at any Applicable to Specialists and Registered 4 An SQT is an ROT who has received permission time by the Exchange. See Rule 1020(a)(i). Options Traders) to indicate that from the Exchange to generate and submit option 7 A Remote Specialist is an options specialist in quotations electronically in options to which such one or more classes that does not have a physical SQT is assigned. An SQT may only submit such presence on an Exchange floor and is approved by 1 15 U.S.C. 78s(b)(1). quotations while such SQT is physically present on the Exchange pursuant to Rule 501. See Rule 2 17 CFR 240.19b–4. the floor of the Exchange. See Rule 1014(b)(ii)(A). 1020(a)(ii).

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option listed on the Exchange minus Specifically, the Exchange proposes to objectives of Section 6(b)(5) of the Act 14 one call-put pair. Subsection (b)(ii)(D)(2) state in sub-sections (b)(ii)(D)(1) and in particular, in that it is designed to of Rule 1014 states that a specialist (b)(ii)(D)(2) of Rule 1014 that promote just and equitable principles of (including the RSQT functioning as a compliance with the quoting obligation trade, to remove impediments to and Remote Specialist in particular options) will be determined on a monthly basis. perfect the mechanism of a free and shall be responsible to quote two-sided The proposed language is exactly the open market and a national market markets in the lesser of 99% of the same language used by another options system, and, in general to protect series or 100% of the series minus one exchange, NYSE Arca.11 The proposed investors and the public interest. The call-put pair in each option in which change puts the Exchange and its Exchange would do this though a such specialist is assigned. To satisfy members on an equal footing with other proposed rule change indicating that the requirement of subsection options markets in terms of compliance compliance with market making quoting (b)(ii)(D)(2) with respect to quoting a with the noted quoting obligations. obligations will be determined on a series, the specialist must quote such The proposal ensures that compliance monthly basis. The specified one month series 90% of the trading day (as a standards for two-sided quoting will be review period clarifies how compliance percentage of the total number of the same on the Exchange as on other will be monitored, which should minutes in such trading day) or such options exchanges. The proposal does enhance compliance efforts by market higher percentage as the Exchange may not, however, change the quoting makers and the Exchange and is announce in advance.8 requirements set forth in Rule 1014 or consistent with requirements currently in place on other exchanges. 3. Determining Compliance on a the Exchange’s regulatory oversight Monthly Basis (monitoring) of the requirements. To the The proposal ensures that compliance contrary, subsequent to the approval of standards for two-sided quoting will be Rule 1014 does not currently indicate this proposal, the quoting requirements the same on the Exchange as on other the timeframe within which the will remain and the Exchange will options exchanges. The Exchange Exchange can review whether a member continue to monitor (surveil) market believes that the proposal will not has met the quoting obligations in sub- maker quoting behavior on a daily basis diminish, and in fact may increase, section (b)(ii)(D).9 In contrast, NYSE with an eye toward whether market market making activity on the Exchange, Arca establishes a time period of a makers meet Rule 1014 quoting by establishing a quoting compliance month to determine whether a market requirements.12 standard that is reasonable and is maker or lead market maker has met his While quoting will continue to be already in use on other options quoting obligation, stating that monitored daily, the Exchange believes exchanges, while continuing to monitor compliance with the two-sided quoting that it is appropriate, fair and generally quoting activity on a daily basis. obligation will be determined on a more efficient for the Exchange and 10 B. Self-Regulatory Organization’s monthly basis. The Exchange now market participants to evaluate Statement on Burden on Competition proposes to insert a similar monthly compliance on a monthly rather than time frame into its quoting rules. daily basis. Thus, a market maker that The Exchange does not believe that may have quoted less on a single day of the proposed rule change will impose 8 For all market making obligations, see Rule a month may meet his overall Rule 1014 any burden on competition not 1014(b)(ii)(D). 9 Sub-section (b)(ii)(D) currently states, in quoting obligations, and still be necessary or appropriate in furtherance relevant part: ‘‘In addition to the other requirements compliant with the Rule, by posting of the purposes of the Act. To the for ROTs set forth in this Rule 1014, except as substantially more two-sided quotes on contrary, the Exchange believes the provided in sub-paragraph (4) below, and except as the other days of the month. The proposal is pro-competitive. The provided in subparagraph (2) below when an RSQT functions as a Remote Specialist in particular Exchange believes that the proposal will proposal would enable the Exchange to options, an SQT and an RSQT shall be responsible not diminish, and in fact may increase, provide members with rules that are to quote two-sided markets in not less than 60% of market making activity on the Exchange, similar to those of other options the series in which such SQT or RSQT is assigned, by establishing a quoting compliance exchanges, and to add clarity to its provided that, on any given day, a Directed SQT (‘‘DSQT’’) or a Directed RSQT (‘‘DRSQT’’) (as standard that is reasonable and is rules. This should promote trading and defined in Rule 1080(l)(i)(C)) shall be responsible to already in use on other options hedging activity on the Exchange to the quote two-sided markets in the lesser of 99% of the exchanges. benefit of the Exchange, its members, series listed on the Exchange or 100% of the series and market participants. listed on the Exchange minus one call-put pair, in 2. Statutory Basis each case in at least 60% of the options in which The Exchange believes that its C. Self-Regulatory Organization’s such DSQT or DRSQT is assigned. Whenever a Statement on Comments on the DSQT or DRSQT enters a quotation in an option in proposal is consistent with Section 6(b) which such DSQT or DRSQT is assigned, such of the Act 13 in general, and furthers the Proposed Rule Change Received From DSQT or DRSQT must maintain until the close of Members, Participants, or Others that trading day quotations for the lesser of 99% of the series of the option listed on the Exchange or 11 Id. No written comments were either 100% of the series of the option listed on the 12 On the basis of the daily monitoring activity, solicited or received. Exchange minus one call-put pair. To satisfy the the Exchange will continue to have the ability to applicable requirements of this subparagraph (D)(1) let market makers know if they are failing to III. Date of Effectiveness of the with respect to quoting a series, an SQT, RSQT, achieve their quoting requirements. Moreover, on Proposed Rule Change and Timing for DSQT, or DRSQT must quote such series 90% of the the basis of the daily monitoring activity, the Commission Action trading day (as a percentage of the total number of Exchange can determine whether market makers minutes in such trading day) or such higher violated any other Exchange rules such as, for The Exchange believes that the percentage as the Exchange may announce in example, Rule 707 regarding just and equitable advance. The Exchange may consider exceptions to principles of trade. Such daily monitoring will foregoing proposed rule change may the requirement to quote 90% (or higher) of the allow the Exchange to investigate unusual activity take effect upon filing with the trading day based on demonstrated legal or and to take appropriate regulatory action (e.g., Commission pursuant to Section regulatory requirements or other mitigating consideration of a Rule 707 violation proceeding 19(b)(3)(A) 15 of the Act and Rule 19b– circumstances.’’ based on market maker stoppage of quoting and 10 See NYSE Arca Rule 6.37B. See also NYSE total withdrawal from the market during market MKT (NYSE Amex) Rule 925.1NY (establishing a disturbances). 14 15 U.S.C. 78f(b)(5). time period of a month to determine compliance). 13 15 U.S.C. 78f(b). 15 15 U.S.C. 78s(b)(3)(A).

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4(f)(6)(iii) thereunder 16 because the provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s foregoing proposed rule change does available for Web site viewing and Statement of the Terms of Substance of not: (i) Significantly affect the printing in the Commission’s Public the Proposed Rule Change protection of investors or the public Reference Room, 100 F Street NE., interest; (ii) impose any significant Washington, DC 20549 on official The Exchange proposes to amend the burden on competition; and (iii) become business days between the hours of 10 NYSE Amex Options LLC (‘‘NYSE Amex Options’’) Limited Liability operative for 30 days from the date on a.m. and 3 p.m. Copies of such filing Company Agreement (‘‘LLC which it was filed, or such shorter time also will be available for inspection and Agreement’’) to eliminate certain as the Commission may designate. copying at the principal offices of the restrictions relating to the qualification At any time within 60 days of the Exchange. All comments received will filing of the proposed rule change, the of Founding Firm Advisory Committee be posted without change; the Commission summarily may Members. The text of the proposed rule Commission does not edit personal temporarily suspend such rule change if change is available on the Exchange’s identifying information from it appears to the Commission that such Web site at www.nyse.com, at the action is: (i) Necessary or appropriate in submissions. You should submit only principal office of the Exchange, on the the public interest; (ii) for the protection information that you wish to make Commission’s Web site at www.sec.gov, of investors; or (iii) otherwise in available publicly. and at the Commission’s Public furtherance of the purposes of the Act. All submissions should refer to File Reference Room. If the Commission takes such action, the Number SR–Phlx–2012–108 and should II. Self-Regulatory Organization’s Commission shall institute proceedings be submitted on or before September 17, Statement of the Purpose of, and to determine whether the proposed rule 2012. Statutory Basis for, the Proposed Rule should be approved or disapproved. For the Commission, by the Division of Change IV. Solicitation of Comments Trading and Markets, pursuant to delegated 17 In its filing with the Commission, the Interested persons are invited to authority. Elizabeth M. Murphy, self-regulatory organization included submit written data, views, and statements concerning the purpose of, arguments concerning the foregoing, Secretary. and basis for, the proposed rule change including whether the proposed rule [FR Doc. 2012–20969 Filed 8–24–12; 8:45 am] and discussed any comments it received change is consistent with the Act. BILLING CODE 8011–01–P on the proposed rule change. The text Comments may be submitted by any of of those statements may be examined at the following methods: the places specified in Item IV below. Electronic Comments SECURITIES AND EXCHANGE The Exchange has prepared summaries, COMMISSION set forth in sections A, B, and C below, • Use the Commission’s Internet of the most significant parts of such comment form (http://www.sec.gov/ [Release No. 34–67702; File No. SR– statements. rules/sro.shtml); or NYSEMKT–2012–43] • Send an email to rule- A. Self-Regulatory Organization’s [email protected]. Please include File Self-Regulatory Organizations; NYSE Statement of the Purpose of, and the Number SR–Phlx–2012–108 on the MKT LLC; Notice of Filing and Statutory Basis for, the Proposed Rule subject line. Immediate Effectiveness of Proposed Change Paper Comments Rule Change Amending the NYSE 1. Purpose • Send paper comments in triplicate Amex Options LLC Limited Liability to Elizabeth M. Murphy, Secretary, Company Agreement To Eliminate The Exchange proposes to amend the Securities and Exchange Commission, Certain Restrictions Relating to the LLC Agreement to eliminate certain Qualification of Founding Firm restrictions relating to the qualification 100 F Street NE., Washington, DC 4 20549–1090. Advisory Committee Members of Founding Firm Advisory Committee (‘‘Advisory Committee’’) Members. The All submissions should refer to File August 21, 2012. LLC Agreement is the source of NYSE Number SR–Phlx–2012–108. This file Amex Options’ governance and number should be included on the Pursuant to Section 19(b)(1) 1 of the operating authority and, therefore, subject line if email is used. To help the Securities Exchange Act of 1934 (the functions in a similar manner as articles Commission process and review your ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 of incorporation and by-laws function comments more efficiently, please use notice is hereby given that on August only one method. The Commission will 17, 2012, NYSE MKT LLC (the 4 Founding Firm means each of the Initial post all comments on the Commission’s ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with Members (NYSE MKT, Goldman, Sachs & Co., Internet Web site (http://www.sec.gov/ the Securities and Exchange Citadel Securities LLC, Banc of America Strategic rules/sro.shtml). Copies of the Commission (the ‘‘Commission’’) the Investments Corporation, Citigroup Financial submission, all subsequent proposed rule change as described in Strategies, Inc., Datek Online Management Corp., UBS Americas Inc., and Barclays Electronic amendments, all written statements Items I and II below, which Items have Commerce Holdings Inc.) other than NYSE MKT with respect to the proposed rule been prepared by the self-regulatory and any permitted transferee(s) of such Initial change that are filed with the organization. The Commission is Member, (ii) any required transferee deemed to be Commission, and all written publishing this notice to solicit a Founding Firm by the Board of NYSE Amex Options, and (iii) any other Member (a person who communications relating to the comments on the proposed rule change is a signatory to the LLC Agreement, other than proposed rule change between the from interested persons. NYSE Euronext, or who has been admitted to NYSE Commission and any person, other than Amex Options as a Member in accordance with the LLC Agreement and has not ceased to be a Member those that may be withheld from the 17 17 CFR 200.30–3(a)(12). in accordance with the LLC Agreement or for any public in accordance with the 1 15 U.S.C.78s(b)(1). other reason), other than NYSE MKT, deemed to be 2 15 U.S.C. 78a. a Founding Firm by the Board of NYSE Amex 16 17 CFR 240.19b–4(f)(6)(iii). 3 17 CFR 240.19b–4. Options. See LLC Agreement, Section 1.1.

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for a corporation.5 The Founding Firm of the board) of a Specified Entity.9 The cooperation and coordination with Advisory Committee is comprised of Exchange believes that the Advisory persons engaged in facilitating natural persons (each, an ‘‘Advisory Committee should not exclude transactions in securities, contribute to Committee Member’’) who provide individuals with certain affiliations the identification of opportunities for advice to the Board.6 The Board with Specified Entities because innovation, and enhance competition. considers such advice but is not bound Advisory Committee Members have no B. Self-Regulatory Organization’s by it.7 formal authority over NYSE Amex Statement on Burden on Competition Currently, Section 8.3(d) of the LLC Options and only provide non-binding Agreement provides that each Founding advice to the Board. Moreover, the The Exchange does not believe that Firm, prior to designating an individual Board determines which matters are the proposed rule change will impose to the Advisory Committee, shall certify referred to the Advisory Committee and any burden on competition that is not in writing to the Board that such may choose, if necessary and in light of necessary or appropriate in furtherance individual is not then a director (or an the affiliations of Advisory Committee of the purposes of the Act. alternate director or observer to the Members, not to seek its advice on C. Self-Regulatory Organization’s board or any committee of the board), 10 sensitive competitive issues. As such, Statement on Comments on the officer, or employee of a Specified the Exchange believes that proposed Proposed Rule Change Received From Entity; 8 in the event an individual rule change would not create a Members, Participants, or Others designated to the Advisory Committee significant conflict of interest for becomes a member of the board of Advisory Committee Members. In No written comments were solicited directors or similar governing body of a addition, the Exchange believes that the or received with respect to the proposed Specified Entity, such individual shall current restrictions unnecessarily limit rule change. immediately cease to be an Advisory the pool of qualified candidates, and the III. Date of Effectiveness of the Committee Member. Exchange could benefit from the advice Proposed Rule Change and Timing for The Excange proposes to amend the and industry knowledge provided by Commission Action LLC Agreement to remove the Advisory Committee Members that are restrictions that an individual who affiliated with Specified Entities. The Exchange has filed the proposed serves on the Advisory Committee rule change pursuant to Section cannot then be or later become a 2. Statutory Basis 19(b)(3)(A)(iii) of the Act 13 and Rule director (or alternate director or The Exchange believes that the 19b-4(f)(6) thereunder.14 Because the observer to the board or any committee proposed rule change is consistent with proposed rule change does not: (i) Section 6(b) of the Securities Exchange Significantly affect the protection of 5 See Securities Exchange Act Release No. 64144 Act of 1934 (the ‘‘Act’’),11 in general, investors or the public interest; (ii) (March 29, 2011), 76 FR 18591 (April 4, 2011) (SR– and furthers the objectives of Section impose any significant burden on NYSEAmex-2011–18) (approving the formation of a 12 competition; and (iii) become operative joint venture between the Exchange, its ultimate 6(b)(5) of the Act, in particular, in that parent NYSE Euronext, and seven other entities to it is designed to prevent fraudulent and prior to 30 days from the date on which operate an electronic trading facility for options manipulative acts and practices, to it was filed, or such shorter time as the contracts). promote just and equitable principles of Commission may designate, if 6 See LLC Agreement, Section 8.3(a). consistent with the protection of 7 trade, to foster cooperation and Id. investors and the public interest, the 8 Specified Entity means, as of any date, (i) any coordination with persons engaged in U.S. securities option exchange (or facility thereof) regulating, clearing, settling, processing proposed rule change has become or U.S. alternative trading system on which information with respect to, and effective pursuant to Section 19(b)(3)(A) securities option contracts are executed (other than facilitating transactions in securities, to of the Act 15 and Rule 19b–4(f)(6)(iii) NYSE Amex Options or any of its Affiliates) that thereunder.16 lists for trading any option contract that competes remove impediments to and perfect the with a product or a contract that is contemplated mechanism of a free and open market At any time within 60 days of the by the then-current business plan of NYSE Amex and a national market system, and, in filing of the proposed rule change, the Options to be listed for trading by the Exchange general, to protect investors and the Commission summarily may within ninety (90) days of such date, (ii) any person temporarily suspend such rule change if that owns or controls a U.S. securities option public interest. exchange or U.S. alternative trading system Specifically, the Exchange believes it appears to the Commission that such described in clause (i), and (iii) any affiliate of a the proposed rule change would expand action is necessary or appropriate in the person described in clause (i) or (ii) above; provided the pool of candidates eligible for public interest, for the protection of that, in the event of a change in applicable law investors, or otherwise in furtherance of permitting the execution of transactions in membership on the Advisory Committee exchange-listed securities options otherwise than and thereby increase the breadth of the purposes of the Act. on a national securities exchange or facility thereof industry knowledge that will be (including, but not limited to, internalization of IV. Solicitation of Comments orders for exchange-listed securities options or the available to it without creating any conflicts of interest that cannot be Interested persons are invited to execution of such orders on an alternative trading submit written data, views, and system), (x) a system operated by or on behalf of appropriately managed, which benefits a Founding Firm or its affiliates for purposes of the the public interest. The increased arguments concerning the foregoing, internalization or crossing of: (i) Orders of including whether the proposed rule customers of such Founding Firm or its affiliates, representation of different (ii) orders of such Founding Firm or its affiliates or constituencies on the Advisory 13 15 U.S.C. 78s(b)(3)(A)(iii). (iii) orders routed from a retail broker-dealer or Committee also would foster 14 retail brokerage unit, shall not be considered a 17 CFR 240.19b–4(f)(6). 15 15 U.S.C. 78s(b)(3)(A). Specified Entity and (y) in addition to the matters 9 covered in clause (x), NYSE Amex Options and the The restriction would continue to apply to 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Founding Firms will negotiate in good faith the officers and employees of Specified Entities. 4(f)(6)(iii) requires the Exchange to give the 10 terms of an exception from the definition of The Exchange does not propose to change the Commission written notice of the Exchange’s intent Specified Entity for any alternative trading system qualification for directors and alternates of the to file the proposed rule change along with a brief owned solely by an individual Founding Firm or its Board of NYSE Amex Options, which similarly description and text of the proposed rule change, affiliates that performs order crossing in a manner restricts certain affiliations with Specified Entities. at least five business days prior to the date of filing that does not substantially compete with the See LLC Agreement, Section 8.1(h). of the proposed rule change, or such shorter time Exchange in terms of market share and other 11 15 U.S.C. 78f(b). as designated by the Commission. The Exchange relevant factors. See LLC Agreement, Section 1.1. 12 15 U.S.C. 78f(b)(5). has satisfied this requirement.

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change is consistent with the Act. SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Comments may be submitted by any of COMMISSION Statement of the Purpose of, and the the following methods: Statutory Basis for, the Proposed Rule Electronic Comments [Release No. 34–67701; File No. SR–Phlx– Change 2012–107] • Use the Commission’s Internet 1. Purpose comment form (http://www.sec.gov/ Self-Regulatory Organizations; Phlx proposes to have the ability to rules/sro.shtml); or NASDAQ OMX PHLX LLC; Notice of require an immediate answer to its • Send an email to rule- Filing and Immediate Effectiveness of inquiries to floor brokers related to the [email protected]. Please include File a Proposed Rule Change Regarding identity of the clients behind agency No. SR–NYSEMKT–2012–43 on the Client Information About Agency orders that the floor brokers handle. The subject line. Orders of Floor Brokers current text of the rule to be amended Paper Comments provides each member, member August 21, 2012. organization or associated person a • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the timeframe of two business days to to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 respond to the Exchange’s inquiries in Securities and Exchange Commission, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 order for the response to be deemed as 100 F Street NE., Washington, DC notice is hereby given that on August a prompt compliance. However, in the 20549–1090. 10, 2012, NASDAQ OMX PHLX LLC case where a floor broker receives an All submissions should refer to File No. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the agency order from his client, the SR–NYSEMKT–2012–43. This file Securities and Exchange Commission Exchange’s regulatory staff must be able number should be included on the (‘‘Commission’’) the proposed rule to know immediately the identity of that subject line if email is used. To help the change as described in Items I and II client when the order is subject of a Commission process and review your below, which Items have been prepared complaint or otherwise requires comments more efficiently, please use by the Exchange. The Commission is regulatory review. Such authority is only one method. The Commission will publishing this notice to solicit necessary in order for the Phlx regulatory staff to be able to take an post all comments on the Commission’s comments on the proposed rule change Internet Web site (http://www.sec.gov/ action regarding concerns that stem from interested persons. rules/sro.shtml). Copies of the from their observation of order submission, all subsequent I. Self-Regulatory Organization’s handling, a complaint by a market amendments, all written statements Statement of the Terms of Substance of participant, or a complaint by regulatory with respect to the proposed rule the Proposed Rule Change staff from another self-regulatory change that are filed with the organization that is party to an Commission, and all written The Exchange proposes to make it information sharing agreement with communications relating to the possible for the staff of Phlx to require Phlx. Accordingly, Phlx is proposing proposed rule change between the an immediate answer to their inquiries that the fines provided for in Option Commission and any person, other than to floor brokers for client information Floor Procedure F–8 will be assessed if those that may be withheld from the about the agency orders those floor a floor broker fails to respond public in accordance with the brokers handle. The text of the proposed immediately to a request for information provisions of 5 U.S.C. 552, will be rule change is available at http:// about its client. available for Web site viewing and nasdaqomxphlx.cchwallstreet.com/ 2. Statutory Basis printing in the Commission’s Public nasdaqomxphlx/phlx/, at Phlx’s Reference Room, 100 F Street NE., principal office, and at the Phlx believes that the proposed rule Washington, DC 20549, on official Commission’s Public Reference Room. change is consistent with the provisions business days between the hours of 10 of Section 6 of the Act,3 in general, and a.m. and 3 p.m. Copies of such filing II. Self-Regulatory Organization’s 4 Statement of the Purpose of, and with Section 6(b)(5) of the Act, in also will be available for inspection and particular, in that the proposal is Statutory Basis for, the Proposed Rule copying at the principal office of the designed to prevent fraudulent and Exchange. All comments received will Change manipulative acts and practices, to be posted without change; the promote just and equitable principles of Commission does not edit personal In its filing with the Commission, the trade, to foster cooperation and identifying information from Exchange included statements coordination with persons engaged in submissions. You should submit only concerning the purpose of and basis for regulating, clearing, settling, processing information that you wish to make the proposed rule change and discussed information with respect to, and available publicly. All submissions any comments it received on the facilitating transactions in securities, to should refer to File No. SR–NYSEMKT– proposed rule change. The text of these remove impediments to and perfect the 2012–43 and should be submitted on or statements may be examined at the mechanism of a free and open market before September 17, 2012. places specified in Item IV below. The and a national market system, and, in Exchange has prepared summaries, set For the Commission, by the Division of general, to protect investors and the forth in Sections A, B, and C below, of Trading and Markets, pursuant to delegated public interest. Phlx believes that the 17 the most significant aspects of such authority. change is necessary to give its staff the statements. Elizabeth M. Murphy, ability to provide appropriate Secretary. surveillance of agency orders handled [FR Doc. 2012–20971 Filed 8–24–12; 8:45 am] by floor brokers. BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f. 17 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5).

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B. Self-Regulatory Organization’s Electronic Comments SOCIAL SECURITY ADMINISTRATION Statement on Burden on Competition • Use the Commission’s Internet Agency Information Collection Phlx does not believe that the comment form (http://www.sec.gov/ Activities: Proposed Request and proposed rule change will result in any rules/sro.shtml); or Comment Request burden on competition that is not • Send an email to rule- necessary or appropriate in furtherance The Social Security Administration [email protected]. Please include File (SSA) publishes a list of information of the purposes of the Act, as amended. No. SR–Phlx–2012–107 on the subject collection packages requiring clearance C. Self-Regulatory Organization’s line. by the Office of Management and Statement on Comments on the Paper Comments Budget (OMB) in compliance with Proposed Rule Change Received From Public Law 104–13, the Paperwork Members, Participants, or Others • Send paper comments in triplicate Reduction Act of 1995, effective October to Elizabeth M. Murphy, Secretary, 1, 1995. This notice includes revisions Written comments were neither Securities and Exchange Commission, and one extension of OMB-approved solicited nor received. 100 F Street NE., Washington, DC information collections. SSA is soliciting comments on the III. Date of Effectiveness of the 20549–1090. accuracy of the agency’s burden Proposed Rule Change and Timing for All submissions should refer to File No. estimate; the need for the information; Commission Action SR–Phlx–2012–107. This file number its practical utility; ways to enhance its The Exchange has filed the proposed should be included on the subject line quality, utility, and clarity; and ways to rule change pursuant to Section if email is used. To help the minimize burden on respondents, 19(b)(3)(A)(iii) of the Act 5 and Rule Commission process and review your including the use of automated 19b–4(f)(6) thereunder.6 Because the comments more efficiently, please use collection techniques or other forms of proposed rule change does not: (i) only one method. The Commission will information technology. Mail, email, or fax your comments and Significantly affect the protection of post all comments on the Commission’s recommendations on the information investors or the public interest; (ii) Internet Web site (http://www.sec.gov/ collection(s) to the OMB Desk Officer impose any significant burden on rules/sro.shtml). Copies of the submission, all subsequent and SSA Reports Clearance Officer at competition; and (iii) become operative the following addresses or fax numbers. prior to 30 days from the date on which amendments, all written statements it was filed, or such shorter time as the with respect to the proposed rule (OMB) Commission may designate, if change that are filed with the Commission, and all written Office of Management and Budget, Attn: consistent with the protection of Desk Officer for SSA, Fax: 202–395– communications relating to the investors and the public interest, the 6974, Email address: proposed rule change between the proposed rule change has become [email protected]. effective pursuant to Section 19(b)(3)(A) Commission and any person, other than of the Act 7 and Rule 19b–4(f)(6)(iii) those that may be withheld from the (SSA) thereunder.8 public in accordance with the Social Security Administration, DCRDP, At any time within 60 days of the provisions of 5 U.S.C. 552, will be Attn: Reports Clearance Director, 107 filing of the proposed rule change, the available for Web site viewing and Altmeyer Building, 6401 Security Commission summarily may printing in the Commission’s Public Blvd., Baltimore, MD 21235, Fax: temporarily suspend such rule change if Reference Room, 100 F Street NE., 410–966–2830, Email address: it appears to the Commission that such Washington, DC 20549, on official [email protected]. action is necessary or appropriate in the business days between the hours of 10 I. The information collection below is public interest, for the protection of a.m. and 3 p.m. Copies of such filing pending at SSA. SSA will submit it to investors, or otherwise in furtherance of also will be available for inspection and OMB within 60 days from the date of the purposes of the Act. copying at the principal office of the this notice. To be sure we consider your Exchange. All comments received will comments, we must receive them no IV. Solicitation of Comments be posted without change; the later than October 26, 2012. Individuals Commission does not edit personal can obtain copies of the collection Interested persons are invited to instrument by writing to the above submit written data, views, and identifying information from submissions. You should submit only email address. arguments concerning the foregoing, State Supplementation Provisions: including whether the proposed rule information that you wish to make available publicly. All submissions Agreement; Payments—20 CFR change is consistent with the Act. 416.2095–416.2098, 416.2099—0960– should refer to File No. SR–Phlx–2012– Comments may be submitted by any of 0240. Section 1618 of the Social 107 and should be submitted on or the following methods: Security Act (Act) contains pass-along before September 17, 2012. provisions of the Social Security 5 15 U.S.C. 78s(b)(3)(A)(iii). For the Commission, by the Division of amendments. These provisions require 6 17 CFR 240.19b–4(f)(6). Trading and Markets, pursuant to delegated states that supplement Federal 7 15 U.S.C. 78s(b)(3)(A). authority.9 Supplemental Security Income 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the Elizabeth M. Murphy, payments to pass along Federal cost-of- Commission written notice of the Exchange’s intent Secretary. living increases to individuals who are to file the proposed rule change along with a brief [FR Doc. 2012–20970 Filed 8–24–12; 8:45 am] eligible for state supplemental description and text of the proposed rule change, payments. If a state fails to keep at least five business days prior to the date of filing BILLING CODE 8011–01–P of the proposed rule change, or such shorter time payments at the required level, it as designated by the Commission. The Exchange becomes ineligible for Medicaid has satisfied this requirement. 9 17 CFR 200.30–3(a)(12). reimbursement under title XIX of the

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Act. SSA uses the information to are state agencies administering Type of Request: Extension of an determine a state’s eligibility for supplemental programs. OMB-approved information collection. Medicaid reimbursement. Respondents

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

Total Expenditures ...... 7 4 60 28 Maintenance of Payment Levels ...... 24 1 60 24

Total ...... 31 ...... 52

II. SSA submitted the information Speech Technology—Knowledge-Based asks requestors who use the Internet and collections below to OMB for clearance. Authentication (RISA)—20 CFR telephone services to provide additional Your comments regarding the 401.45—0960–0596. RISA, one of SSA’s identifying information unique to those information collections would be most authentication methods, allows services so SSA can authenticate their useful if OMB and SSA receive them 30 individuals to access their personal identities before releasing personal days from the date of this publication. information through our Internet and information. The respondents are To be sure we consider your comments, Automated Telephone Services. SSA current beneficiaries who are requesting we must receive them no later than asks individuals and third parties who personal information from SSA, and September 26, 2012. Individuals can seek personal information from SSA individuals and third parties who are obtain copies of the OMB clearance records, or who register to participate in registering for SSA’s online business packages by writing to SSA’s online business services, to services. [email protected]. 1. Request for Internet Services— provide certain identifying information. Type of Request: Revision of an OMB- Authentication; Automated Telephone As an extra measure of protection, SSA approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

Internet Requestors ...... 7,929,336 1 2.5 330,389 Telephone Requestors ...... 8,123,835 1 4.5 609,288 *Screen Splash (on hold) ...... 1 ...... 1

Totals ...... 16,053,172 ...... 939,678 * We are reducing the burden to a one-hour placeholder burden, because we are placing the Screen Splash application on hold.

2. Application for Special Benefits for monthly payments. These regulations collection request comprises the World War II Veterans—20 CFR 408, establish the requirements individuals relevant regulations and Form SSA– Subparts B, C and D—0960–0615. Title need to qualify for and become entitled 2006–F6. The respondents are VIII of the Act (Special Benefits for to Special Veterans Benefits (SVB). SSA individuals applying for SVB under title Certain World War II Veterans) allows uses Form SSA–2000–F6 to elicit the VIII of the Act. qualified World War II veterans residing information we need to determine Type of Request: Revision of an OMB- outside the United States to receive entitlement to SVB. This information approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

§ 408.202(d); § 408.210; § 408.230(a); § 408.305; §§ 408.310–.315 (SSA– 2000–F6) ...... 100 1 20 33 § 408.420(a), (b) ...... 71 1 15 18 §§ 408.430 & .432 ...... 66 1 30 33 § 408.435(a), (b), (c) ...... 71 1 15 18

Totals ...... 308 ...... 102

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Dated: August 22, 2012. could change our prior determination or from 1972 to 2000. The National Guard Faye Lipsky, decision in your case. Technician Act of 1968, Pub. L. 90–486, Reports Clearance Director, Social Security In addition, when we received this codified at 32 U.S.C. 709, made Administration. precedential Court of Appeals’ decision technicians with the National Guard [FR Doc. 2012–20972 Filed 8–24–12; 8:45 am] and determined that an AR might be civil service employees of the United BILLING CODE 4191–02–P required, we began to identify those States Government. Some technicians, persons within the circuit who might be like Mr. Petersen, have ‘‘dual status’’ subject to readjudication if we because they are not only civilian SOCIAL SECURITY ADMINISTRATION subsequently issued an AR. Because we employees but also military members of have determined that an AR is required the National Guard. Mr. Petersen [Docket No. SSA–2012–0046] and are publishing this AR, we will received a civilian pension from the Social Security Acquiescence Ruling send a notice to those individuals we CSRS for his work as a National Guard (AR) 12–X(8); Petersen v. Astrue, 633 have identified. In the notice, we will technician. His work as a technician F.3d 633 (8th Cir. 2011); Whether a provide information about the AR and was not covered by Social Security, and National Guard Technician Who their right to request readjudication Social Security taxes were not withheld Worked in Noncovered Employment Is under the AR. However, affected from his pay. Thus, his CSRS pension Exempt From the Windfall Elimination individuals do not need to receive a is based wholly on noncovered civil Provision (WEP)—Title II of the Social notice in order to request that we apply service work. Security Act this AR to our prior determination or Mr. Petersen applied for Social decision, as provided in 20 CFR Security retirement benefits in 2006. AGENCY: Social Security Administration. 404.985(b)(2). Social Security found that he was ACTION: Notice of Social Security If we later rescind this AR as obsolete, entitled to benefits but informed Mr. Acquiescence Ruling. we will publish a notice in the Federal Petersen that his benefit amount would Register to that effect, as provided in 20 be reduced in accordance with the WEP. SUMMARY: We are publishing this Social CFR 404.985(e). If we decide to relitigate The agency denied his request for Security Acquiescence Ruling (AR) in the issue covered by this AR, as reconsideration. He requested a hearing accordance with 20 CFR 402.35(b)(2). provided by 20 CFR 404.985(c), we will by an ALJ, and the ALJ found that Mr. DATES: Effective Date: August 27, 2012. publish a notice in the Federal Register Petersen’s benefits should not be FOR FURTHER INFORMATION CONTACT: stating that we will apply our reduced because of the WEP. The Robert Crowe, Office of the General interpretation of the Act or regulations Appeals Council then reviewed the Counsel, Office of Program Law, Social involved and explaining why we have ALJ’s decision on its own motion and Security Administration, 6401 Security decided to relitigate the issue. subsequently issued a decision finding Boulevard, Baltimore, MD 21235–6401, (Catalog of Federal Domestic Assistance, that Mr. Petersen’s benefits were subject (410) 965–3155, or TTY 410–966–5609, Program Nos. 96.001 Social Security— to reduction under the WEP. The for information about this notice. For Disability Insurance; 96.002 Social Appeals Council’s decision was the information on eligibility or filing for Security—Retirement Insurance; 96.004 agency’s final decision. benefits, call our national toll-free Social Security—Survivors Insurance) Mr. Petersen requested judicial review number, 1–800–772–1213 or TTY 1– Dated: August 21, 2012. of the agency’s final decision in 800–325–0778, or visit our Internet site, Michael J. Astrue, accordance with 42 U.S.C. 405(g). On Social Security Online, at http:// Commissioner of Social Security. February 23, 2009, the district court www.socialsecurity.gov. issued a decision finding that his SUPPLEMENTARY INFORMATION: An AR Acquiescence Ruling 12–X(8) benefits were not subject to the WEP explains how we will apply a holding Petersen v. Astrue, 633 F.3d 633 (8th because 42 U.S.C. 415(a)(7)(A)(III) in a decision of a United States Court of Cir. 2011): Whether a National Guard exempts from the WEP those retirement Appeals that we determine conflicts Technician Who Worked in Noncovered payments based on service as a member with our interpretation of a provision of Employment Is Exempt From the of a uniformed service. The district the Social Security Act (the Act) or Windfall Elimination Provision (WEP)— court found that Mr. Petersen’s National regulations when the Government has Title II of the Social Security Act. Guard technician service qualified him decided not to seek further review of Issue: Whether a National Guard for this exception. The Government that decision or is unsuccessful on technician who worked in noncovered appealed the district court’s decision to further review. employment under the Civil Service the United States Court of Appeals for We will apply the holding of the Retirement System (CSRS) is subject to the Eighth Circuit. Court of Appeals’ decision as explained the WEP. Holding in this AR to all determinations or Statutory and Regulatory Citation: decisions at all levels of administrative Section 215(a)(7)(A)(III) of the Social The Court of Appeals noted that ‘‘dual review within the Eighth Circuit. We Security Act, 42 U.S.C. 415(a)(7)(A); 20 status’’ National Guard technicians must will apply this AR to all determinations CFR 404.213(e)(9). maintain military membership in the or decisions made on or after August 27, Circuit: Eighth (Arkansas, Iowa, National Guard and are also required to 2012. If we made a determination or Minnesota, Missouri, Nebraska, North wear their uniform, even when decision to apply the WEP to your Dakota, and South Dakota). performing civilian technician work. retirement or disability benefits between Applicability of Ruling: This ruling The Eighth Circuit held that, as a result February 3, 2011, the date of the Court applies to determinations or decisions, of ‘‘these unique National Guard of Appeals’ decision, and August 27, at all levels of administrative review, technician requirements imposed upon 2012, the effective date of this AR, you i.e., initial, reconsideration, him, Petersen performed his work ‘as a may request that we apply the AR to the administrative law judge (ALJ) hearing, member of’ the Nebraska Air National prior determination or decision. You and Appeals Council. Guard.’’ Consequently, the Eighth must show, pursuant to 20 CFR Description of Case: Mr. Petersen was Circuit found that Mr. Petersen qualified 404.985(b)(2), that applying the AR a technician with the National Guard for the exception to the WEP for work

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performed ‘‘as a member of the exception was to exempt military retired address is U.S. Department of State, SA– uniformed services.’’ pay, based on noncovered IDT military 5, L/PD, Fifth Floor (Suite 5H03), duty, from application of the WEP. The Washington, DC 20522–0505. Statement as to How Petersen Differs exception was not intended to exempt From the Agency’s Policy Dated: August 21, 2012. any pension based on civilian work J. Adam Ereli, The WEP is a modified formula for from application of the WEP. The Court Principal Deputy Assistant Secretary, Bureau calculating the retirement or disability of Appeals declined to consider the benefits of a person who receives a of Educational and Cultural Affairs, legislative history of the uniformed Department of State. pension from noncovered work (i.e., services exception because it found [FR Doc. 2012–21019 Filed 8–24–12; 8:45 am] work that is not defined as employment there was no ambiguity to the for Social Security purposes and where uniformed services exception. BILLING CODE 4710–05–P Social Security taxes were not deducted from the employee’s pay). The WEP Explanation of How SSA Will Apply the applies to persons who attain age 62 or Petersen Decision Within the Circuit DEPARTMENT OF TRANSPORTATION become eligible for disability benefits Social Security old-age or disability [Docket No. FRA 2012–0006–N–10] after 1985 and who first become eligible applicants and beneficiaries who for a monthly payment (such as a civil receive a CSRS pension based on Information Collection Requirements service pension) after 1985 ‘‘which is noncovered work as dual status (ICRs) Forwarded to the Office of based in whole or in part upon his or National Guard technicians, and who Management and Budget (OMB); her earnings for service which did not are permanent legal residents of a State Request for Comments. constitute ‘employment’ as defined in’’ within the Eighth Circuit, should have 42 U.S.C. 410. 42 U.S.C. their Social Security benefits computed AGENCY: Federal Railroad 415(a)(7)(A)(III). The WEP applies to using the normal PIA, rather than the Administration, DOT. persons with noncovered employment WEP PIA described in 42 U.S.C. ACTION: Notice and request for in the CSRS which includes the civilian 415(a)(7) of the Act. A decisionmaker comments. employment of a ‘‘dual status’’ National should not apply this AR to an Guard technician. A formula is used to applicant or beneficiary who is not a SUMMARY: In compliance with the compute the person’s primary insurance permanent legal resident of a State Paperwork Reduction Act of 1995 (44 amount (PIA), which then is used to within the Eighth Circuit at the time of U.S.C. 3501 et seq.), this notice compute the amount of the person’s making the determination or decision to announces that the Information Social Security benefits. 42 U.S.C. apply the WEP. Before we determine Collection Requirements (ICRs) 415(a)(7)(B); 20 CFR 404.213(c). The that the WEP does not apply, we must abstracted below have been forwarded formula results in a lower Social have evidence that an applicant’s or to the Office of Management and Budget Security benefit. beneficiary’s CSRS pension is based on (OMB) for review and comment. The Congress amended the WEP in 1994 service as a dual status civilian ICRs describes the nature of the in Pub. L. 103–296, the Social Security technician with the National Guard. information collection and their Independence and Program expected burden. The Federal Register [FR Doc. 2012–21065 Filed 8–24–12; 8:45 am] Improvements Act of 1994 (the notice with a 60-day comment period Independence Act). Section 308 of the BILLING CODE 4191–02–P soliciting comments on the following Independence Act, codified at 42 U.S.C. collection of information was published 415(a)(7)(A)(III), created a new on June 12, 2012 (77 FR 35106). exemption from the WEP, which applies DEPARTMENT OF STATE DATES: Comments must be submitted on to ‘‘a payment based wholly on service [Public Notice 7994] or before September 26, 2012. as a member of a uniformed service’’ as FOR FURTHER INFORMATION CONTACT: Mr. defined in 42 U.S.C. 410(m). We Culturally Significant Objects Imported Robert Brogan, Office of Safety, interpret the uniformed services for Exhibition Determinations: ‘‘Plants Planning and Evaluation Division, RRS– exception to the WEP to mean that only of Virtue and Rocks by a Stream’’ by 21, Federal Railroad Administration, monthly payments based on military Shitao service are exempt from the WEP. Under 1200 New Jersey Ave. SE., Mail Stop 17, this interpretation, monthly payments ACTION: Notice, correction. Washington, DC 20590 (telephone: (202) that are based on noncovered civilian 493–6292), or Ms. Kimberly Toone, public employment, including that of SUMMARY: On August 14, 2012, notice Office of Information Technology, RAD– National Guard technicians who work was published on pages 48582–3 of the 20, Federal Railroad Administration, under the CSRS, are not exempt from Federal Register (volume 77, number 1200 New Jersey Ave. SE., Mail Stop 35, the WEP. Moreover, the effect of the 157) of determinations made by the Washington, DC 20590 (telephone: (202) uniformed services exception to the Department of State pertaining to the 493–6132). (These telephone numbers WEP and the regulatory provision found object ‘‘Plants of Virtue and Rocks by a are not toll-free.) at 20 CFR 404.213(e)(9) is to exempt Stream’’ by Shitao. The referenced SUPPLEMENTARY INFORMATION: The from the WEP only military retirement notice is corrected here to change the Paperwork Reduction Act of 1995 pay based on reserve inactive duty name of the exhibition in which that (PRA), Public Law 104–13, Section 2, training (IDT). Other kinds of military object will appear to ‘‘The Artful 109 Stat. 163 (1995) (codified as revised duty, such as active duty, already were Recluse: Painting, Poetry, and Politics in at 44 U.S.C. 3501–3520), and its not subject to the WEP because they 17th-Century China’’. implementing regulations, 5 CFR Part have been covered employment since FOR FURTHER INFORMATION CONTACT: For 1320, require Federal agencies to issue 1956. The WEP does not apply to further information, including a listing two notices seeking public comment on noncovered work before 1957. of the exhibit object, contact Ona M. information collection activities before The legislative history of the Hahs, Attorney-Adviser, Office of the OMB may approve paperwork packages. uniformed services exception to the Legal Adviser, U.S. Department of State 44 U.S.C. 3506, 3507; 5 CFR 1320.5, WEP explains that the purpose of the (telephone: 202–632–6473). The mailing 1320.8(d)(1), 1320.12. On June 12, 2012,

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FRA published a 60-day notice in the compliant with all applicable having to constantly compare the Federal Register soliciting comment on regulations. request letter to the supplied ICRs for which the agency was seeking In an ongoing effort to conduct more documents. OMB approval. 77 FR 35106. FRA thorough and more effective inspections The FRA region responsible for the received no comments in response to of freight railroad equipment and to sample car field sample car inspection this notice. further enhance safe rail operations, is obliged to formally insect the car for Before OMB decides whether to FRA has developed a safety concern compliance. All the information in the approve a proposed collection of recommendation report form and a customer request is forwarded to the information, it must provide 30 days for group of guidance checklist forms that region for review. Once the inspection public comment. 44 U.S.C. 3507(b); 5 facilitate railroad, rail car owner, and is completed, the assigned inspector CFR 1320.12(d). Federal law requires rail equipment manufacturer provides his report in a memorandum to OMB to approve or disapprove compliance with agency Railroad Safety the MP&E Specialist. The MP&E paperwork packages between 30 and 60 Appliance Standards regulations. New Specialist reviews the documents and days after the 30 day notice is form FRA F 6180.EZ is designed to provides a memo to the Regional published. 44 U.S.C. 3507(b)–(c); 5 CFR reduce burden on respondents. When a Administrator who sends a response by 1320.12(d); see also 60 FR 44978, 44983, request for sample car inspection memorandum to FRA Headquarters of Aug. 29, 1995. OMB believes that the 30 incoming letter is provided by the the finding from the field inspection. day notice informs the regulated customer, an abundant of amount of The additional memorandums would be eliminated by the F6180.4 EZ just by a community to file relevant comments information is submitted to FRA for and affords the agency adequate time to grid sign-off, reducing the amount of review that may require a formal on-site digest public comments before it additional paperwork and filing inspection. The information contained renders a decision. 60 FR 44983, Aug. documents. in the letter includes several paragraphs 29, 1995. Therefore, respondents should FRA Headquarters is responsible for to explain the cited Code of Federal submit their respective comments to gathering all the information from the Regulations that the customer believes OMB within 30 days of publication to request from the customer as well as related to the construction of the car. best ensure having their full effect. 5 assigning and forwarding the Since many cars today are considered a CFR 1320.12(c); see also 60 FR 44983, information to the Region. All the car of special construction, the type of Aug. 29, 1995. information is reviewed by the MP&E The summary below describes the car to be reviewed, many times the Specialist at Headquarters. The MP&E nature of the information collection amount of details of information are Specialist prepares a grid letter response requirements (ICRs) and the expected supplied to support why the customer for the MP&E Staff Director who then burden, and are being submitted for believes the car submitted is the nearest offers the response letter to the Director, clearance by OMB as required by the car to construction. An abundance of Office of Safety Assurance and PRA. factors with justification to support the Compliance. The formal response letter Title: Safety Appliance Concern car type is included in the request. is then sent to the customer through the Recommendation Report; Safety Some examples would be a Logo, Control Correspondence Management Appliance Standards Guidance Company Name, and signature block, (CCM) system. The filing system and Checklist Forms specific drawings, reflectorization, folders today are already large in size, OMB Control Number: 2130–0565 engineering information such as test or and would be reduced by having a form Type of Request: Extension with modeling of components. Also, the that is on one piece of paper with all the change of a previously approved request may include car reporting information necessary to complete the information collection marks, the amount of cars that would be process from the initial request for Affected Public: 130 Federal and State constructed in the car series. In sample car inspection to the formal Inspectors addition, the request would provide the response letter provided. Abstract: Sample car/locomotive location of the inspection, contact Form Number(s): New Form FRA F inspections are performed as a courtesy person, title, and contact information. 6180.4EZ; current Forms FRA to the car manufacturers to ensure that Currently, each request is written 6180.4(a)–(q) the equipment is built in accordance differently, but contains most of the Annual Estimated Burden Hours: 244 with all applicable Federal regulations information to process the request to hours and requirements. Car builders that completion. The F6180.EZ Form Addressee: Send comments regarding desire to have FRA review their provides specific blocks that contain a this information collection to the Office equipment for compliance with safety standardized format to provide specific of Information and Regulatory Affairs, standards are to submit their safety information that is in an easy to fill-in Office of Management and Budget, 725 appliance arrangement drawings, prints, the form arrangement. This would Seventeenth Street NW., Washington, etc., to the FRA Office of Safety greatly reduce the amount of time to DC 20503, Attention: FRA Desk Officer. Assurance and Compliance for review at complete the form instead of a long form Comments may also be sent least 60 days prior to construction. The letter and additional sample car electronically via email to the Office of sample car inspection program is inspection request of similar car orders Information and Regulatory Affairs designed to provide assurance that would be minimized by the information (OIRA) at the following address: rolling stock equipment is compliant provided previously. By having a form [email protected] within the Code of Federal Regulations of this nature, the customer will have Comments are invited on the for use on the general railroad system. the information visually that would be following: Whether the proposed Although a sample car inspection is not required, to eliminate the potential of collection of information is necessary required, most builders today request missing information that then causes for the proper performance of the FRA to perform the inspection. The goal additional letters to complete the functions of the Department, including of the sample car inspection program is incoming package. FRA could whether the information will have to reduce risk to railroad employees and potentially be able to provide a cursory practical utility; the accuracy of the improve passenger safety for the general review of the provided information to Department’s estimate of the burden of public by ensuring rolling stock is fully ensure the package is complete without the proposed information collection;

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ways to enhance the quality, utility, and September 5, 2012, at which time the 5 p.m., Monday through Friday, except clarity of the information to be teleconference phone number will be Federal holidays. collected; and ways to minimize the provided. Members of the public may SUPPLEMENTARY INFORMATION: burden of the collection of information present oral statements during the on respondents, including the use of teleconference with Mr. Glasscock’s Electronic Access automated collection techniques or approval. Persons wishing to present You may see all the comments online other forms of information technology. oral statements or obtain information through the Federal Document A comment to OMB is best assured of should contact Mr. Glasscock. Management System (FDMS) at: http:// having its full effect if OMB receives it Questions about the agenda or written www.regulations.gov. within 30 days of publication of this comments may be submitted by U.S. Docket: For access to the docket to notice in the Federal Register. Mail to: U.S. Department of read background documents or Authority: 44 U.S.C. 3501–3520. Transportation, Research and Innovative comments, go to http:// Technology Administration, ITS Joint www.regulations.gov and/or Room Issued in Washington, DC, on August 21, 2012. Program Office, Attention: Stephen W12–140 on the ground level of the Glasscock, 1200 New Jersey Avenue SE., West Building, 1200 New Jersey Rebecca Pennington, HOIT, Washington, DC 20590 or faxed Avenue, SE., Washington, DC, between Chief Financial Officer, Federal Railroad to (202) 493–2027. The ITS Joint 9 a.m. and 5 p.m., Monday through Administration. Program Office requests that written Friday, except Federal holidays. [FR Doc. 2012–20989 Filed 8–24–12; 8:45 am] comments be submitted prior to the Privacy Act: Anyone may search the BILLING CODE 4910–06–P teleconference. electronic form of all comments Notice of this teleconference is received into any of DOT’s dockets by the name of the individual submitting DEPARTMENT OF TRANSPORTATION provided in accordance with the Federal Advisory Committee Act and the the comment (or of the person signing Intelligent Transportation Systems General Services Administration the comment, if submitted on behalf of Program Advisory Committee; Notice regulations (41 CFR part 102–3) an association, business, labor union, or of Meeting covering management of Federal other entity). You may review DOT’s advisory committees. Privacy Act Statement for the Federal AGENCY: ITS Joint Program Office, Docket Management System (FDMS) Research and Innovative Technology Issued in Washington, DC, on the 21st day of August 2012. published in the Federal Register on Administration, U.S. Department of January 17, 2008 (73 FR 3316), or you John Augustine, Transportation. may visit http://edocket.access.gpo.gov/ Managing Director, ITS Joint Program Office. ACTION: Notice. 2008/pdf/E8–785.pdf. [FR Doc. 2012–20988 Filed 8–24–12; 8:45 am] The Intelligent Transportation BILLING CODE 4910–HY–P Background Systems (ITS) Program Advisory On July 11, 2012, FMCSA published Committee (ITS PAC) will hold a a notice of receipt of Federal diabetes meeting by teleconference on September DEPARTMENT OF TRANSPORTATION exemption applications from 23 11, 2012, from 1 p.m. to 2:30 p.m. individuals and requested comments (EDT). Federal Motor Carrier Safety from the public (77 FR 40941). The The ITS PAC, established under Administration public comment period closed on Section 5305 of Public Law 109–59, [FMCSA Docket No. FMCSA–2012–0163] August 10, 2012, and no comments were Safe, Accountable, Flexible, Efficient received. Transportation Equity Act: A Legacy for Qualification of Drivers; Exemption FMCSA has evaluated the eligibility Users, August 10, 2005, and re-chartered Applications; Diabetes Mellitus of the 23 applicants and determined that on January 23, 2012, was created to granting the exemptions to these AGENCY: Federal Motor Carrier Safety advise the Secretary of Transportation individuals would achieve a level of Administration (FMCSA), DOT. on all matters relating to the study, safety equivalent to or greater than the development, and implementation of ACTION: Notice of final disposition. level that would be achieved by intelligent transportation systems. SUMMARY: FMCSA announces its complying with the current regulation Through its sponsor, the ITS Joint decision to exempt 23 individuals from 49 CFR 391.41(b)(3). Program Office, the ITS PAC makes its rule prohibiting persons with recommendations to the Secretary Diabetes Mellitus and Driving insulin-treated diabetes mellitus (ITDM) regarding ITS Program needs, objectives, Experience of the Applicants from operating commercial motor plans, approaches, content, and The Agency established the current vehicles (CMVs) in interstate commerce. progress. requirement for diabetes in 1970 The following is a summary of the The exemptions will enable these because several risk studies indicated web conference tentative agenda: (1) individuals to operate CMVs in that drivers with diabetes had a higher Committee high level plan of action; interstate commerce. rate of crash involvement than the and (2) Requirements for ITS Joint DATES: The exemptions are effective general population. The diabetes rule Program Office and external subject August 27, 2012. The exemptions expire provides that ‘‘A person is physically matter experts. on August 27, 2014. qualified to drive a commercial motor Participation in the teleconference is FOR FURTHER INFORMATION CONTACT: vehicle if that person has no established open to the public, but limited Elaine M. Papp, Chief, Medical medical history or clinical diagnosis of conference lines will be available on a Programs Division, (202) 366–4001, diabetes mellitus currently requiring first-come, first-served basis. Members [email protected], FMCSA, Room insulin for control’’ (49 CFR of the public who wish to participate W64–224, Department of 391.41(b)(3)). must notify Mr. Stephen Glasscock, the Transportation, 1200 New Jersey FMCSA established its diabetes Committee Designated Federal Official, Avenue SE., Washington, DC 20590– exemption program, based on the at (202) 366–9126 no later than 0001. Office hours are from 8:30 a.m. to Agency’s July 2000 study entitled ‘‘A

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Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level was granted; or (3) continuation of the a Program to Qualify Individuals with of safety equal to that existing without exemption would not be consistent with Insulin-Treated Diabetes Mellitus to the exemption. the goals and objectives of 49 U.S.C. Operate in Interstate Commerce as 31136(e) and 31315. If the exemption is Conditions and Requirements Directed by the Transportation Act for still effective at the end of the 2-year the 21st Century.’’ The report concluded The terms and conditions of the period, the person may apply to FMCSA that a safe and practicable protocol to exemption will be provided to the for a renewal under procedures in effect allow some drivers with ITDM to applicants in the exemption document at that time. and they include the following: (1) That operate CMVs is feasible. The Issued on: August 20, 2012. September 3, 2003 (68 FR 52441), each individual submit a quarterly Larry W. Minor, Federal Register notice in conjunction monitoring checklist completed by the with the November 8, 2005 (70 FR treating endocrinologist as well as an Associate Administrator for Policy. 67777), Federal Register notice provides annual checklist with a comprehensive [FR Doc. 2012–21025 Filed 8–24–12; 8:45 am] the current protocol for allowing such medical evaluation; (2) that each BILLING CODE 4910–EX–P drivers to operate CMVs in interstate individual reports within 2 business commerce. days of occurrence, all episodes of These 23 applicants have had ITDM severe hypoglycemia, significant DEPARTMENT OF TRANSPORTATION over a range of 1 to 35 years. These complications, or inability to manage Federal Motor Carrier Safety applicants report no severe diabetes; also, any involvement in an Administration hypoglycemic reactions resulting in loss accident or any other adverse event in of consciousness or seizure, requiring a CMV or personal vehicle, whether or [Docket No. FMCSA–2012–0160] the assistance of another person, or not it is related to an episode of resulting in impaired cognitive function hypoglycemia; (3) that each individual Qualification of Drivers; Exemption that occurred without warning provide a copy of the ophthalmologist’s Applications; Vision or optometrist’s report to the medical symptoms, in the past 12 months and no AGENCY: Federal Motor Carrier Safety examiner at the time of the annual recurrent (2 or more) severe Administration (FMCSA), DOT. hypoglycemic episodes in the past 5 medical examination; and (4) that each ACTION: Notice of final disposition. years. In each case, an endocrinologist individual provide a copy of the annual verified that the driver has medical certification to the employer for SUMMARY: FMCSA announces its demonstrated a willingness to properly retention in the driver’s qualification decision to exempt 10 individuals from monitor and manage his/her diabetes file, or keep a copy in his/her driver’s the vision requirement in the Federal mellitus, received education related to qualification file if he/she is self- Motor Carrier Safety Regulations diabetes management, and is on a stable employed. The driver must also have a (FMCSRs). They are unable to meet the copy of the certification when driving, insulin regimen. These drivers report no vision requirement in one eye for for presentation to a duly authorized other disqualifying conditions, various reasons. The exemptions will Federal, State, or local enforcement including diabetes-related enable these individuals to operate official. complications. Each meets the vision commercial motor vehicles (CMVs) in requirement at 49 CFR 391.41(b)(10). Conclusion interstate commerce without meeting The qualifications and medical Based upon its evaluation of the 23 the prescribed vision requirement in condition of each applicant were stated exemption applications, FMCSA one eye. The Agency has concluded that and discussed in detail in the July 11, exempts Randall W. Amtower (WV), granting these exemptions will provide 2012, Federal Register notice and they Steven G. Brickey (CO), Ronald K. a level of safety that is equivalent to or will not be repeated in this notice. Coleman (KY), Randall L. Corrick (ND), greater than the level of safety Discussion of Comments Raymond G. Gravesandy (NY), John T. maintained without the exemptions for these CMV drivers. FMCSA did not receive any Green (TX), Gregory M. Harris (TX), DATES: The exemptions are effective comments in this proceeding. Bryan R. Hopkins (NY), Kelly M. Keller (ND), Roger S. Kumbalek (WI), Timothy August 27, 2012. The exemptions expire Basis for Exemption Determination J. Loeschen (TX), Gary K. McCord (IN), on August 27, 2014. Under 49 U.S.C. 31136(e) and 31315, Joseph L. Miska (MN), Susan L. Mosel FOR FURTHER INFORMATION CONTACT: FMCSA may grant an exemption from (WI), Mark T. L. Owings (KS), Jacob D. Elaine M. Papp, Chief, Medical the diabetes requirement in 49 CFR Oxford (ID), Derek W. Palmer (MA), Programs Division, (202)-366–4001, 391.41(b)(3) if the exemption is likely to Robert D. Regavich (NJ), Jack W. [email protected], FMCSA, achieve an equivalent or greater level of Schlichting (MN), Lonnie H. Shere Department of Transportation, 1200 safety than would be achieved without (WA), Craig A. Trimmer (OH), Lisa E. New Jersey Avenue SE., Room W64– the exemption. The exemption allows Williams (IN), and Ramon I. Zimora- 224, Washington, DC 20590–0001. the applicants to operate CMVs in Ortiz (WA) from the ITDM requirement Office hours are from 8:30 a.m. to 5 p.m. interstate commerce. in 49 CFR 391.41(b)(3), subject to the Monday through Friday, except Federal To evaluate the effect of these conditions listed under ‘‘Conditions and holidays. exemptions on safety, FMCSA Requirements’’ above. SUPPLEMENTARY INFORMATION: considered medical reports about the In accordance with 49 U.S.C. 31136(e) applicants’ ITDM and vision, and and 31315 each exemption will be valid Electronic Access reviewed the treating endocrinologists’ for two years unless revoked earlier by You may see all the comments online medical opinion related to the ability of FMCSA. The exemption will be revoked through the Federal Document the driver to safely operate a CMV while if the following occurs: (1) The person Management System (FDMS) at http:// using insulin. fails to comply with the terms and www.regulations.gov. Consequently, FMCSA finds that in conditions of the 1/exemption; (2) the Docket: For access to the docket to each case exempting these applicants exemption has resulted in a lower level read background documents or from the diabetes requirement in 49 CFR of safety than was maintained before it comments, go to http://

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www.regulations.gov at any time or recognize the colors of traffic signals without the exemption. Without the Room W12–140 on the ground level of and devices showing requirement red, exemption, applicants will continue to the West Building, 1200 New Jersey green, and amber (49 CFR be restricted to intrastate driving. With Avenue SE., Washington, DC, between 9 391.41(b)(10)). the exemption, applicants can drive in a.m. and 5 p.m., Monday through FMCSA recognizes that some drivers interstate commerce. Thus, our analysis Friday, except Federal holidays. The do not meet the vision requirement but focuses on whether an equal or greater FDMS is available 24 hours each day, have adapted their driving to level of safety is likely to be achieved by 365 days each year. If you want accommodate their vision limitation permitting each of these drivers to drive acknowledgement that we received your and demonstrated their ability to drive in interstate commerce as opposed to comments, please include a self- safely. The 10 exemption applicants restricting him or her to driving in addressed, stamped envelope or listed in this notice are in this category. intrastate commerce. postcard or print the acknowledgement They are unable to meet the vision To evaluate the effect of these page that appears after submitting requirement in one eye for various exemptions on safety, FMCSA comments on-line. reasons, including amblyopia, complete considered the medical reports about Privacy Act: Anyone may search the loss of vision, and cystoidal macular the applicants’ vision as well as their electronic form of all comments edema. In most cases, their eye driving records and experience with the received into any of our dockets by the conditions were not recently developed. vision deficiency. name of the individual submitting the Eight of the applicants were either born To qualify for an exemption from the comment (or of the person signing the with their vision impairments or have vision requirement, FMCSA requires a comment, if submitted on behalf of an had them since childhood. The two person to present verifiable evidence association, business, labor union, etc.). individuals that sustained their vision that he/she has driven a commercial You may review DOT’s Privacy Act conditions as adults have had them for vehicle safely with the vision deficiency Statement for the FDMS published in a period of 1 to 16 years. for the past 3 years. Recent driving the Federal Register on January 17, Although each applicant has one eye performance is especially important in 2008 (73 FR 3316), or you may visit which does not meet the vision evaluating future safety, according to http://edocket.access.gpo.gov/2008/pdf/ requirement in 49 CFR 391.41(b)(10), several research studies designed to E8–785.pdf. each has at least 20/40 corrected vision correlate past and future driving in the other eye, and in a doctor’s performance. Results of these studies Background opinion, has sufficient vision to perform support the principle that the best On June 27, 2012, FMCSA published all the tasks necessary to operate a CMV. predictor of future performance by a a notice of receipt of exemption Doctors’ opinions are supported by the driver is his/her past record of crashes applications from certain individuals, applicants’ possession of valid and traffic violations. Copies of the and requested comments from the commercial driver’s licenses (CDLs) or studies may be found at Docket Number public (77 FR 38381). That notice listed non-CDLs to operate CMVs. Before FMCSA–1998–3637. 10 applicants’ case histories. The 10 issuing CDLs, States subject drivers to We believe we can properly apply the individuals applied for exemptions from knowledge and skills tests designed to principle to monocular drivers, because the vision requirement in 49 CFR evaluate their qualifications to operate a data from the Federal Highway 391.41(b)(10), for drivers who operate CMV. Administration’s (FHWA) former waiver CMVs in interstate commerce. All of these applicants satisfied the study program clearly demonstrate the Under 49 U.S.C. 31136(e) and 31315, testing requirements for their State of driving performance of experienced FMCSA may grant an exemption for a 2- residence. By meeting State licensing monocular drivers in the program is year period if it finds ‘‘such exemption requirements, the applicants better than that of all CMV drivers would likely achieve a level of safety demonstrated their ability to operate a collectively (See 61 FR 13338, 13345, that is equivalent to or greater than the CMV, with their limited vision, to the March 26, 1996). The fact that level that would be achieved absent satisfaction of the State. experienced monocular drivers such exemption.’’ The statute also While possessing a valid CDL or non- demonstrated safe driving records in the allows the Agency to renew exemptions CDL, these 10 drivers have been waiver program supports a conclusion at the end of the 2-year period. authorized to drive a CMV in intrastate that other monocular drivers, meeting Accordingly, FMCSA has evaluated the commerce, even though their vision the same qualifying conditions as those 10 applications on their merits and disqualified them from driving in required by the waiver program, are also made a determination to grant interstate commerce. They have driven likely to have adapted to their vision exemptions to each of them. CMVs with their limited vision for deficiency and will continue to operate careers ranging from 5 to 40 years. In the safely. Vision and Driving Experience of the past 3 years, two of the drivers were The first major research correlating Applicants involved in crashes and none of the past and future performance was done The vision requirement in the drivers was convicted of moving in England by Greenwood and Yule in FMCSRs provides: violations in a CMV. 1920. Subsequent studies, building on A person is physically qualified to The qualifications, experience, and that model, concluded that crash rates drive a commercial motor vehicle if that medical condition of each applicant for the same individual exposed to person has distant visual acuity of at were stated and discussed in detail in certain risks for two different time least 20/40 (Snellen) in each eye the June 27, 2012 notice (77 FR 38381). periods vary only slightly (See Bates without corrective lenses or visual and Neyman, University of California acuity separately corrected to 20/40 Basis for Exemption Determination Publications in Statistics, April 1952). (Snellen) or better with corrective Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of lenses, distant binocular acuity of at FMCSA may grant an exemption from predicting crash proneness from crash least 20/40 (Snellen) in both eyes with the vision requirement in 49 CFR history coupled with other factors. or without corrective lenses, field of 391.41(b)(10) if the exemption is likely These factors—such as age, sex, vision of at least 70° in the horizontal to achieve an equivalent or greater level geographic location, mileage driven and meridian in each eye, and the ability to of safety than would be achieved conviction history—are used every day

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by insurance companies and motor 31136(e) and 31315 to the 10 applicants If the exemption is still effective at the vehicle bureaus to predict the listed in the notice of June 27, 2012 (77 end of the 2-year period, the person may probability of an individual FR 38381). apply to FMCSA for a renewal under experiencing future crashes (See Weber, We recognize that the vision of an procedures in effect at that time. Donald C., ‘‘Accident Rate Potential: An applicant may change and affect his/her Issued on: August 20, 2012. Application of Multiple Regression ability to operate a CMV as safely as in Larry W. Minor, Analysis of a Poisson Process,’’ Journal the past. As a condition of the Associate Administrator for Policy. of American Statistical Association, exemption, therefore, FMCSA will June 1971). A 1964 California Driver impose requirements on the 10 [FR Doc. 2012–21027 Filed 8–24–12; 8:45 am] Record Study prepared by the California individuals consistent with the BILLING CODE 4910–EX–P Department of Motor Vehicles grandfathering provisions applied to concluded that the best overall crash drivers who participated in the DEPARTMENT OF TRANSPORTATION predictor for both concurrent and Agency’s vision waiver program. nonconcurrent events is the number of Those requirements are found at 49 Pipeline and Hazardous Materials single convictions. This study used 3 CFR 391.64(b) and include the Safety Administration consecutive years of data, comparing the following: (1) That each individual be experiences of drivers in the first 2 years physically examined every year (a) by [Docket No. PHMSA–2012–0215] with their experiences in the final year. an ophthalmologist or optometrist who Applying principles from these Pipeline Safety: Information Collection attests that the vision in the better eye Activities studies to the past 3-year record of the continues to meet the requirement in 49 10 applicants, two of the drivers were CFR 391.41(b)(10) and (b) by a medical AGENCY: Pipeline and Hazardous involved in crashes and none was examiner who attests that the individual Materials Safety Administration convicted of moving violations in a is otherwise physically qualified under (PHMSA), DOT. CMV. All the applicants achieved a 49 CFR 391.41; (2) that each individual record of safety while driving with their ACTION: Notice and request for provide a copy of the ophthalmologist’s vision impairment, demonstrating the comments. or optometrist’s report to the medical likelihood that they have adapted their examiner at the time of the annual SUMMARY: In accordance with the driving skills to accommodate their medical examination; and (3) that each Paperwork Reduction Act of 1995, condition. As the applicants’ ample individual provide a copy of the annual PHMSA invites comments on two driving histories with their vision medical certification to the employer for information collections that we will be deficiencies are good predictors of retention in the driver’s qualification submitting to the Office of Management future performance, FMCSA concludes file, or keep a copy in his/her driver’s and Budget (OMB) for renewal. The their ability to drive safely can be qualification file if he/she is self- information collections relate to the projected into the future. program for Control Room Management/ We believe that the applicants’ employed. The driver must have a copy Human Factors and the Integrity intrastate driving experience and history of the certification when driving, for Management Program for Gas provide an adequate basis for predicting presentation to a duly authorized Distribution Pipelines. their ability to drive safely in interstate Federal, State, or local enforcement commerce. Intrastate driving, like official. DATES: Interested persons are invited to submit comments on or before October interstate operations, involves Discussion of Comments substantial driving on highways on the 26, 2012. interstate system and on other roads FMCSA received no comments in this ADDRESSES: Comments may be built to interstate standards. Moreover, proceeding. submitted in the following ways: driving in congested urban areas Conclusion E-Gov Web Site: http://www. exposes the driver to more pedestrian regulations.gov. This site allows the and vehicular traffic than exists on Based upon its evaluation of the 10 public to enter comments on any interstate highways. Faster reaction to exemption applications, FMCSA Federal Register notice issued by any traffic and traffic signals is generally exempts Kerry L. Baxter (UT), Tyrane agency. required because distances between Harper (AL), Edward C. Little (WA), Fax: 1–202–493–2251. them are more compact. These John P. Loichinger (IN), Jeffrey Macysyn Mail: Docket Management Facility; conditions tax visual capacity and (IN), Peter G. Packard (NH), Raef O. U.S. Department of Transportation driver response just as intensely as Parmalee (OR), Ronald H. Sieg (MO), (DOT), 1200 New Jersey Avenue SE., interstate driving conditions. The Ted L. Smeltzer (IN), and Gregory S. West Building, Room W12–140, veteran drivers in this proceeding have Smith (AR) from the vision requirement Washington, DC 20590–0001. operated CMVs safely under those in 49 CFR 391.41(b)(10), subject to the Hand Delivery: Room W12–140 on the conditions for at least 3 years, most for requirements cited above (49 CFR ground level of DOT, West Building, much longer. Their experience and 391.64(b)). 1200 New Jersey Avenue SE., driving records lead us to believe that In accordance with 49 U.S.C. 31136(e) Washington, DC, between 9:00 a.m. and each applicant is capable of operating in and 31315, each exemption will be valid 5 p.m., Monday through Friday, except interstate commerce as safely as he/she for 2 years unless revoked earlier by Federal holidays. has been performing in intrastate FMCSA. The exemption will be revoked Instructions: Identify the docket commerce. Consequently, FMCSA finds if: (1) The person fails to comply with number, PHMSA–2012–0215, at the that exempting these applicants from the terms and conditions of the beginning of your comments. Note that the vision requirement in 49 CFR exemption; (2) the exemption has all comments received will be posted 391.41(b)(10) is likely to achieve a level resulted in a lower level of safety than without change to http://www. of safety equal to that existing without was maintained before it was granted; or regulations.gov, including any personal the exemption. For this reason, the (3) continuation of the exemption would information provided. You should know Agency is granting the exemptions for not be consistent with the goals and that anyone is able to search the the 2-year period allowed by 49 U.S.C. objectives of 49 U.S.C. 31136 and 31315. electronic form of all comments

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received into any of our dockets by the Current Expiration Date: 1/31/2013. Issued in Washington, DC, on August 21, name of the individual submitting the Abstract: 49 CFR 192.631 and 195.446 2012. comment (or signing the comment, if address human factors and other John A. Gale, submitted on behalf of an association, components of control room Director, Office of Standards and business, labor union, etc.). Therefore, management. These regulations require Rulemaking. you may want to review DOT’s operators of hazardous liquid pipelines [FR Doc. 2012–20935 Filed 8–24–12; 8:45 am] complete Privacy Act Statement in the and gas pipelines to develop and BILLING CODE 4910–60–P Federal Register published on April 11, implement a human factors 2000 (65 FR 19477) or visit http://www. management plan designed to reduce regulations.gov before submitting any risk associated with human factors in DEPARTMENT OF VETERANS such comments. each control room. AFFAIRS Docket: For access to the docket or to Affected Public: Private sector; read background documents or Operators of both natural gas and [OMB Control No. 2900-New (VA Form 10– comments, go to http://www. hazardous liquid pipeline systems. 0529a–f)] regulations.gov at any time or to Room Annual Reporting and Recordkeeping Agency Information Collection: W12–140 on the ground level of DOT, Burden: West Building, 1200 New Jersey Avenue Emergency Submission for OMB Total Annual Responses: 2,702. SE., Washington, DC, between 9 a.m. Review (PACT Demo Lab, Clinical and 5 p.m., Monday through Friday, Total Annual Burden Hours: Innovation Study: Implementation of a except Federal holidays. If you wish to 1,018,807. Patient Centered Medical Home for receive confirmation of receipt of your Frequency of Collection: On OEF/OIF Veterans With PTSD: Bridging written comments, please include a self- Occasion. Primary and Behavioral Health Care); addressed, stamped postcard with the Title: Integrity Management Program Comment Request following statement: ‘‘Comments on for Gas Distribution Pipelines. AGENCY: Veterans Health PHMSA–2012–0215.’’ The Docket Clerk OMB Control Number: 2137–0625. Administration, Department of Veterans will date stamp the postcard prior to Current Expiration Date: 1/31/2013. Affairs. returning it to you via the U.S. mail. Abstract: The Federal Pipeline Safety ACTION: Please note that due to delays in the Regulations in 49 CFR, Part 192, Notice. delivery of U.S. mail to Federal offices Subpart P require operators of gas SUMMARY: In compliance with the in Washington, DC, we recommend that distribution pipelines to develop and Paperwork Reduction Act (PRA) of 1995 persons consider an alternative method implement integrity management (IM) (44 U.S.C., 3501–3521), this notice (internet, fax, or professional delivery programs. The purpose of these announces that the Department of service) of submitting comments to the programs is to enhance safety by Veterans Affairs (VA), will submit to the docket and ensuring their timely receipt identifying and reducing pipeline Office of Management and Budget at DOT. integrity risks. PHMSA requires that (OMB) the following emergency FOR FURTHER INFORMATION CONTACT: operators maintain records proposal for the collection of Angela Dow by telephone at 202–366– demonstrating compliance with these information under the provisions of the 1246, by fax at 202–366–4566, or by requirements for 10 years, and that these Paperwork Reduction Act (44 U.S.C. mail at DOT, PHMSA, 1200 New Jersey records must include superseded IM 3507(j)(1)). An emergency clearance is Avenue SE., PHP–30, Washington, DC plans. being requested for information needed 20590–0001. Affected Public: Operators of gas to develop and evaluate a patient- SUPPLEMENTARY INFORMATION: Section distribution pipeline systems. centered model of care for OEF/OIF 1320.8(d), Title 5, Code of Federal Annual Reporting and Recordkeeping veterans with PTSD. Regulations, requires PHMSA to provide Burden: DATES: Comments must be submitted on interested members of the public and Total Annual Responses: 9,343. or before September 6, 2012. affected agencies an opportunity to Total Annual Burden Hours: 865,178. ADDRESSES: Send comments and comment on information collection and Frequency of Collection: On occasion. recommendations concerning any recordkeeping requests. This notice Comments are invited on: aspect of the information collection to identifies an information collection VA’s OMB Desk Officer, OMB Human request that PHMSA will be submitting (a) The need for the proposed Resources and Housing Branch, New to OMB for renewal. The following collection of information for the proper Executive Office Building, Room 10235, information is provided for that performance of the functions of the Washington, DC 20503 (202) 395–7316 information collection: (1) Title of the agency, including whether the or FAX (202) 395–6974. Please refer to information collection; (2) OMB control information will have practical utility; ‘‘2900–New (VA Form 10–0529a–f). number; (3) Current expiration date; (4) (b) The accuracy of the agency’s Type of request; (5) Abstract of the estimate of the burden of the proposed FOR FURTHER INFORMATION CONTACT: information collection activity; (6) collection of information, including the Denise McLamb, Enterprise Records Description of affected public; (7) validity of the methodology and Service (005R1B), Department of Estimate of total annual reporting and assumptions used; Veterans Affairs, 810 Vermont Avenue recordkeeping burden; and (8) (c) Ways to enhance the quality, NW, Washington, DC 20420, (202) 632– Frequency of collection. PHMSA will utility, and clarity of the information to 7479, Fax (202) 632–7583 or email: request a three-year term of approval for be collected; and [email protected]. Please refer to the information collection activity. (d) Ways to minimize the burden of ‘‘OMB Control No. 2900-New VA Form PHMSA requests comments on the the collection of information on those (10–0529a–f). following information collections: who are to respond, including the use SUPPLEMENTARY INFORMATION: Title: Pipeline Safety: Control Room of appropriate automated, electronic, Titles: PACT Demo Lab, Clinical Management/Human Factors. mechanical, or other technological Innovation Study: Implementation of a OMB Control Number: 2137–0624. collection techniques. Patient Centered Medical Home for

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OEF/OIF Veterans with PTSD: Bridging announces that the Department of (PHQ–9; Kroenke, Spitzer, & Primary and Behavioral Health Care. Veterans Affairs (VA), will submit to the Williams, 2001), VA Form 10– a. SF 12, Questionnaire, VA Form 10– Office of Management and Budget 0532j. 0529. (OMB) the following emergency l. Generalized Anxiety Disorder b. (Patient Health Questionnaire-9 proposal for the collection of (GAD–7); Spitzer, Kroenke, (PHQ–9), VA Form 10–0529a. information under the provisions of the Williams, & Lowe, 2006), VA Form c. PTSD Checklist (PCL), VA Form Paperwork Reduction Act (44 U.S.C. 10–0532k. 10–0529Bb. 3507(j)(1)). An emergency clearance is OMB Control Number: 2900-New. d. Patient Satisfaction Questionnaire- being requested for information needed Type of Review: New data collection. Short Form (PSQ–18), VA Form 10– to assess the effectiveness of pain care Abstract: The data collected on VA 0529c. management provided to veterans. Form 10–0532a–k will be used to: (1) e. Combat Exposure Scale (CES), VA DATES: Comments must be submitted on Assess the effectiveness of patient care Form 10–0529d. or before September 6, 2012. management (PCM) in increasing f. World Health Organization Quality ADDRESSES: Send comments and patients’ functionality, improving of Life (WHOQOL–BREF), VA Form 10– recommendations concerning any quality of life, and improving pain 0529e. aspect of the information collection to control relative to usual care and (2) to g. World Health Organization VA’s OMB Desk Officer, OMB Human assess the impact of PCM on depression Disability Assessment Schedule II Resources and Housing Branch, New and anxiety relative to usual care. This (WHODAS–II), VA Form 10–0529f. Executive Office Building, Room 10235, data collection’s model has been OMB Control Number: 2900-New. Washington, DC 20503 (202) 395–7316 designed to serve patients by Type of Review: New data collection. or FAX (202) 395–6974. Please refer to augmenting existing pain management The data collected on VA Forms 10– ‘‘2900–New (VA Form 10–0532a–k). interventions (e.g., medications, 0529a–f will be used to develop and FOR FURTHER INFORMATION CONTACT: physical therapy) by teaching pain care evaluate a patient-centered model of management skills that patients can care for OEF/OIF Veterans with PTSD. Denise McLamb, Enterprise Records Service (005R1B), Department of incorporate into their daily activities. The forms will be used to survey the VA will use the information to evaluate effectiveness of the patient centered Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 632– the effectiveness of the intervention so medical home model by enhancing the that it can most effectively be applied to conventional care currently provided in 7479, FAX (202) 632–7583 or email: [email protected]. Please refer to future patients with chronic pain the care of patients with PTSD. problems. Affected Public: Individuals or ‘‘OMB Control No. 2900-New (VA Form 10–0532a–k). Affected Public: Individuals or households. households. SUPPLEMENTARY INFORMATION: Estimated Annual Burden: 420. Estimated Annual Burden Frequency of Response: Annually. Titles: Clinical Innovation Study— Helping Veterans Manage Chronic a. VA Form 10–0532—67 hours. Estimated Average Burden per b. VA Form 10–0532a—80 hours. Respondent: 10 minutes. Pain a. Pain Care Management Tracking c. VA Form 10–0532b—200 hours. Estimated Number of Respondents: d. VA Form 10–0532c—80 hours. 840. Tool, VA Form 10–0532. b. Pain Care Management Self e. VA Form 10–0532d—53 hours. Estimated Number of Responses: f. VA Form 10–0532e—53 hours. 2,520. Monitoring Form (unpublished), VA Form 10–0532a. g. VA Form 10–0532f—133 hours. Dated: August 21, 2012. c. Pain Outcomes Questionnaire h. VA Form 10–0532g—19 hours. By direction of the Secretary. (Clark, Gironda, & Young, 2003), i. VA Form 10–0532h—27 hours. Denise McLamb, VA Form 10–0532b. j. VA Form 10–0532i—93 hours. Program Analyst Director, Enterprise Records d. The Multidimensional Pain k. VA Form 10–0532j— 67 hours. Service. Inventory (MPI; Kearns, Turk, & l. VA Form 10–0532k—67 hours. [FR Doc. 2012–20916 Filed 8–24–12; 8:45 am] Rudy, 1985), VA Form 10–0532c. Estimated Average Burden per BILLING CODE 8320–01–P e. Pain Catastrophizing Scale (Osman, Respondent Barrios, Gutierrez, Kopper, a. VA Form 10–0532—5 minutes. Merrifield, & Grittmann, 2000), VA b. VA Form 10–0532a—10 minutes. DEPARTMENT OF VETERANS Form 10–0532d. c. VA Form 10–0532b—15 minutes. AFFAIRS f. The Oswestry Disability Index d. VA Form 10–0532c—15 minutes. (Fairbank & Pynsent, 2000), VA e. VA Form 10–0532d—10 minutes. [OMB Control No. 2900-New (VA Form 10– f. VA Form 10–0532e—10 minutes. 0532a–k)] Form 10–0532e. g. Brief Pain Inventory—Short Form g. VA Form 10–0532f—10 minutes. Agency Information Collection: (BPI; Cleeland, 1991). Administered h. VA Form 10–0532g—7 minutes. Emergency Submission for OMB at baseline and each follow-up, VA i. VA Form 10–0532h—10 minutes. Review (PACT: Clinical Innovation Form 10–0532f. j. VA Form 10–0532i—7 minutes. Study—Helping Veterans Manage h. Fear-Avoidance Beliefs k. VA Form 10–0532j—5 minutes. Chronic Pain); Comment Request Questionnaire (FABQ; Waddell, l. VA Form 10–0532k—5 minutes. Newton, et al., 1993), VA Form 10– Frequency of Response: Monthly. AGENCY: Veterans Health 0532g. Estimated Number of Respondents Administration, Department of Veterans i. The Brief COPE (Carver, 1997), VA a. VA Form 10–0532—800. Affairs. Form 10–0532h. b. VA Form 10–0532a—480. ACTION: Notice. j. Depression and Anxiety Stress c. VA Form 10–0532b—800. Scales (DASS–21; Lovibond & d. VA Form 10–0532c—320. SUMMARY: In compliance with the Lovibond, 1995), VA Form 10– e. VA Form 10–0532d—320. Paperwork Reduction Act (PRA) of 1995 0532i. f. VA Form 10–0532e—320. (44 U.S.C., 3501–3521), this notice k. Patient Health Questionnaire g. VA Form 10–0532f—800.

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h. VA Form 10–0532g—160. l. VA Form 10–0532k—800. By direction of the Secretary. i. VA Form 10–0532h—160. Dated: August 21, 2012. Denise McLamb, j. VA Form 10–0532i—800. Program Analyst Director, Enterprise Records k. VA Form 10–0532j—800. Service. [FR Doc. 2012–20917 Filed 8–24–12; 8:45 am] BILLING CODE 8320–01–P

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 648 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 6 and Specifications and Management Measures; Final Rules

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DEPARTMENT OF COMMERCE at 50 CFR 648.20) and a risk policy Comment 1: Lund’s Fisheries, Inc., (§ 648.21) to guide the Council’s and GSSA supported Framework National Oceanic and Atmospheric Scientific and Statistical Committee Adjustment 6. They noted that this Administration (SSC) in its ABC setting process for all action will clearly define the Council’s Council fishery management plans risk policy and retain the integrity of the 50 CFR Part 648 (FMPs) in the recently implemented SSC scientific review process, while [Docket No. 120307159–2329–01] Omnibus Amendment for Annual Catch providing the SSC with the needed Limits and Accountability Measures flexibility to set ABCs in data-poor RIN 0648–BB99 (October 31, 2011; 76 FR 60606). The situations. GSSA noted that the SSC Council’s original risk policy did not should be allowed to analyze and use all Fisheries of the Northeastern United permit increases to the ABC for stocks available scientific data when States; Atlantic Mackerel, Squid, and that lack an overfishing limit (OFL) recommending ABC, and should not be Butterfish Fisheries; Framework derived either from the stock constrained because no OFL can be Adjustment 6 assessment, or through the SSC ABC derived. Lund’s Fisheries, Inc., and AGENCY: National Marine Fisheries recommendation process. Framework GSSA supported the requirement that Service (NMFS), National Oceanic and Adjustment 6 modifies the risk policy the SSC must justify its decision by Atmospheric Administration (NOAA), regarding stocks without an OFL or OFL providing a description of why the Commerce. proxy to allow the SSC to recommend increase is warranted, how it arrived at ACTION: Final rule. increases to the ABC for stocks that have the increase, and certify why stable or increasing trends in overfishing will not occur. Lund’s SUMMARY: NMFS is modifying the Mid- abundance, and for which the SSC can Fisheries, Inc., asserted that, under Atlantic Fishery Management Council’s point to robust scientific information to these strict requirements, any fear that risk policy regarding stocks without an suggest that an increased ABC will not the SSC would greatly inflate the ABC overfishing limit. Framework lead to overfishing. The adjustment to without scientific justification is Adjustment 6 was initiated by the Mid- this policy does not change the unwarranted. Atlantic Fishery Management Council Council’s approach to stocks without an Response: NMFS agrees that it is the in order to clarify its tolerance for risk OFL that have declining biomass, or for Council’s prerogative to define its risk for such stocks. The modification will which the SSC cannot point to scientific policy to communicate its tolerance for allow increases of the acceptable evidence to suggest that the risk in ABC recommendations to the biological catch for stocks that have recommended ABC will not result in SSC, provided that its risk policy stable or increasing trends in overfishing. complies with the Magnuson-Stevens abundance, and for which there is Though this action only modifies the Act. The Council’s revisions to the risk robust scientific information to suggest MSB FMP, the adjusted risk policy policy do comply with the Magnuson- that an increased acceptable biological applies to all of the Council’s managed Stevens Act because the SSC is still catch will not lead to overfishing. species, including Atlantic mackerel, confined to specific criteria in setting an butterfish, Atlantic bluefish, spiny ABC that does not pose the risk of DATES: Effective on August 24, 2012. dogfish, summer flounder, scup, black overfishing for a given stock. Further, ADDRESSES: Copies of supporting sea bass, Atlantic surfclam, ocean the Council and NMFS will review SSC documents used by the Mid-Atlantic quahog, and tilefish. The regulations for ABC recommendations to ensure that Fishery Management Council (Council), the ABC control rules and risk policy the revised risk policy is applied including the Supplemental reside in the MSB FMP, but are a appropriately. Environmental Assessment (EA) and the product of the Omnibus Amendment, Comment 2: The Herring Alliance and Regulatory Impact Review (RIR), for which affected all of the FMPs for the NRDC urged NMFS to disapprove Framework Adjustment 6, and the above-listed species. The provisions in Framework Adjustment 6. They noted Omnibus Annual Catch Limits and the Omnibus Amendment, including the that the Council is proposing a Accountability Measure Amendment risk policy, do not apply to longfin significant modification to its risk EA/RIR, are available from: John K. squid or Illex squid; these species are policy that would sanction a more risk- Bullard, Northeast Regional exempt from these requirements prone approach to managing stocks Administrator, National Marine because they have a life cycle of less lacking an OFL. Further, the Herring Fisheries Service, 55 Great Republic than 1 year. It is only necessary to Alliance argued that the proposed Drive, Gloucester, MA 01930. These complete this action as a framework changes to the risk policy would nullify documents are also accessible via the adjustment to the MSB FMP because the the policy for Level 4 stocks (those Internet at http://www.nero.noaa.gov. ABC control rules and risk policy are stocks with the lowest certainty in FOR FURTHER INFORMATION CONTACT: Aja incorporated by reference into the scientific information), leaving those Szumylo, Fishery Policy Analyst, 978– regulations for all other Council species. species vulnerable to overfishing, which 281–9195, fax 978–281–9135. is incongruous with the objectives of the Comments and Responses SUPPLEMENTARY INFORMATION: Omnibus Amendment, the National NMFS received a total of four Standard 1 guidelines, and the Background comments on the proposed rule for Magnuson-Stevens Act. NMFS published a proposed rule for Framework Adjustment 6 from: Lund’s Response: The adjustment would only Framework Adjustment 6 on June 28, Fisheries, Inc., a processing facility in allow increases for Level 4 stocks that 2012 (77 FR 38566). Additional Cape May, NJ; the Garden State Seafood have had stable or increasing trends in background information and detail on Association (GSSA), a New Jersey-based abundance, and stocks for which the why and how Framework Adjustment 6 commercial fishing industry group; the SSC could certify that its ABC was developed are included in the Herring Alliance, which represents 52 recommendation is not likely to result proposed rule, and are not repeated organizations concerned about the in overfishing. NMFS disagrees that the here. The Council established status of the Atlantic Coast’s forage fish; adjustment to this policy would nullify acceptable biological catch (ABC) and the Natural Resources Defense the risk policy for all Level 4 stock. control rules (implementing regulations Council (NRDC). Framework Adjustment 6 does not

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change the Council’s approach to stocks initiated Framework 6 to revise its risk NMFS agrees that this approach is valid, without an OFL/OFL proxy that have policy for all Council-managed species. provided that sufficient scientific evidence of biomass declines or for The timing of Framework 6 coincides evidence is presented in the SSC’s which the SSC cannot point to scientific with the start of Trimester III for longfin deliberations to suggest that its evidence to suggest that the squid (September 1–December 31), recommendation will not result in recommended ABC will not result in which, under the existing butterfish overfishing of the stock in question. As overfishing. specifications, would not open because further support for this approach, the Neither the Magnuson-Stevens Act the total annual butterfish mortality cap National Standard 1 guidelines at nor the National Standard 1 guidelines on the longfin squid fishery (1,436 mt) § 600.310(f)(3) note that while NMFS have language prohibiting increases in has been attained. Framework 6 expects that in most cases a ABC in the absence of an OFL. The provides the authority to implement the recommended ABC should be reduced National Standard 1 guidelines do Council’s original 2012 from the OFL to reduce the probability advise that, when possible, the recommendation for butterfish of overfishing, the ABC may be set equal determination of an ABC should be specifications in a final rule, which to the OFL. Again, NMFS expect the based on the probability that an actual could allow the Trimester III longfin SSC and the Council to present very catch equal to the stock’s ABC would squid fishery to open on schedule by strong justification for such cases result in overfishing (see increasing the butterfish mortality cap (§ 600.310(f)(5)). § 600.310(f)(4)), but make no mention of (to 2,445 mt). Comment 5: The NRDC asserted that how a Council should proceed when it Comment 4: The Herring Alliance ad hoc approaches to developing ABC is not possible to establish an OFL or argued that Framework 6 was developed recommendations that have not been OFL proxy. Each Council may solely as a result of the first application vetted by independent experts lack determine the acceptable level of risk of of the risk policy to the 2012 butterfish transparency and rigorous independent overfishing (which overall must be specifications. It asserted that NMFS evaluation, and thus do not represent below 50 percent, according to should not approve a rushed Council the best available scientific information. Magnuson-Stevens Act; § 600.310(f)(4)). decision solely on a single ABC The NRDC asserted that is especially the In this case, the Council is further specification experience. It commented case given that more rigorous methods defining its risk tolerance for certain that, rather than bypassing its own for estimating reference points for data- stocks without an OFL or OFL proxy. policy, the Council should work to poor stocks are available. It noted that Comment 3: Lund’s Fisheries, Inc., develop OFLs for all Level 4 stocks in the SSC’s ABC recommendations for the commented that the application of this order to set ABCs that comply with the 2012 and 2013 specifications are prime policy as it pertains to the final 2012 current risk policy, as the SSC did for examples of the dangers of ad hoc butterfish specifications is urgent. It butterfish for the 2013 fishing year. It decision making. The NRDC commented urged NMFS to immediately publish a noted that, in order for the SSC to that the Council and NMFS should final rule implementing Framework 6 certify that an ABC will not lead to adopt a policy with specific criteria and and waive the delay in effectiveness so overfishing, it will need to perform an characteristics for which methods are that the final 2012 butterfish analysis of all relevant scientific acceptable for determining OFLs or OFL specifications can be published prior to information about the status of the stock proxies for data-limited stocks. the start of the Trimester III longfin to determine whether quota increases Response: The SSC is expected to squid fishery. It argued that a delay in will lead to overfishing. It argues that conduct its ABC recommendation publication would result in negative this level of analysis is equivalent to the process in an open, transparent public economic impacts to the squid fishery, development of an OFL proxy. forum and to provide detailed and that a waiver would not pose any Response: NMFS reiterates that the documentation for the Council and threat to overfishing the butterfish adjustment to the risk policy in public that provides the information resource. Framework 6 applies to all of the considered, the approaches taken, and Response: NMFS agrees that the Council’s managed species. While the why the recommended ABC is approval of Framework 6 has immediate process to initiate the change was consistent with the best available implications for the longfin squid started in response to the 2012 scientific information. Thus, provided fishery, but clarifies that, regardless of specifications experience with that the SSC can demonstrate that the the immediate implications of this butterfish, the Council worked to devise method that it uses for a given stock is action, the revisions to the risk policy a revision to the risk policy that would defensible and will not result in will apply to all Council-managed allow the SSC to use all available overfishing for the stock in question, species that may lack an OFL in the information when making ABC NMFS does not believe that it is future. NMFS published a proposed rule recommendations for any situation necessary to define a list of criteria or (October 26, 2011; 76 FR 66260) with where a Council-managed species does characteristics of methods that are the Council’s original 2012 butterfish not have an OFL available from the acceptable for determining OFLs or OFL ABC recommendation (3,622 mt) assessment. proxies for data-limited stocks. because, in the absence of the risk The SSC has noted its preference to Comment 6: The NRDC criticized the policy, the SSC’s advice to increase the have an OFL estimate that is based on SSC’s recommended butterfish ABCs for butterfish ABC (from 1,811 mt in 2011) the assessment, which takes into both the 2012 and 2013 fishing years. It was otherwise well justified (see account all information about noted that the SSC doubled the 2012 response to Comment 6). A comment on population dynamics that is available at ABC based on a NOAA Technical the proposed rule pointed out that the time (see Framework Adjustment 6 Memorandum used to set ABCs for increases to the butterfish ABC were discussion at April 2012 Council stocks that only have reliable catch prohibited by the Council’s risk policy, meeting). It noted that, rather than information, but did not apply the and we addressed this inconsistency by deriving an OFL proxy when an OFL is recommended methodology in the publishing the status quo specification unavailable from the assessment, its memorandum properly, and the SSC’s in an interim final rule (March 21, 2012; preference is to simply set an ABC that subsequent reaffirmation of their 2012 77 FR 16472). In response to our interim it believes would not lead to overfishing ABC recommendation under the final rule for butterfish, the Council based on all other available evidence. provisions in Framework 6. It also

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criticized the SSC’s butterfish ABC SSC noted that the butterfish stock met Comment 7: The Herring Alliance recommendation for the 2013 fishing the criteria outlined for this approach, argued that such a regressive change to year. Further, it noted that the change in and relied on the concepts in this the risk policy requires full the risk policy being proposed in guidance document in developing its consideration through an FMP Framework Adjustment 6 would ABC recommendation. The report amendment, rather than through a encourage more of this type of rushed recommends doubling catch during a framework adjustment. It noted that the decision making, which will in turn stable period to create an OFL, setting Omnibus Amendment clearly specifies increase the risk of overfishing for the the ABC at 50 to 90 percent of the OFL, that any significant changes are not stocks with the greatest uncertainty and then tracking the stock to see how appropriate under the limited public regarding stock status and productivity. the adjusted catch levels affect process of a framework adjustment. The In contrast, Lund’s Fisheries, Inc., and abundance. During its public process, Herring Alliance acknowledged that the GSSA supported the Council’s 2012 the SSC discussed that, given that Omnibus Amendment does allow for butterfish recommendations. They butterfish fishing mortality was likely changes to a limited list of its provisions noted that any increases in butterfish contributing very little to changes in through the framework adjustment catch would be expected to be very stock abundance, the ABC could be process, but claims that changes to the small relative to the actual increase in doubled and still yield a fishing risk policy are not included in that list butterfish abundance. They also mortality rate that would not affect for any of the Council-managed species. asserted that the chances of overfishing stock size. The SSC also commented The Herring Alliance argued that the the butterfish resource under the modest during Council deliberations that adjustment to the risk policy proposed quota increases initially proposed by the establishing an OFL or OFL proxy in Framework Adjustment 6 is an Council and NMFS in the proposed rule would not have changed its ABC entirely new concept that was not for 2012 butterfish specifications are, by recommendation for 2012. NMFS previously contemplated by the SSC estimates, extremely low. considered the SSC’s rationale for Council, and that the proposed Response: NMFS does not believe that increasing the butterfish ABC and found deviation to the risk policy is different Framework 6 will lead to rushed it to be appropriate and well supported from the provisions already in place for decision making. Again, the SSC is still by the best available scientific the Council to deviate from the ABC confined to a specific set of criteria in information. The SSC was guided by control rules. It claimed that, since the setting an ABC that does not pose the NOAA Technical Memorandum NMFS– proposed changes to risk policy are a risk of overfishing for a given stock. The SEFSC–616, and used its scientific complete reversal of the Council’s final implementation of specifications judgment to recommend an ABC that original guidance for Level 4 stocks, it for Council-managed species is the was expected to result in a level of cannot be characterized as a minor culmination of a lengthy process that fishing mortality documented in SAW adjustment. involves input from the SSC, the 49, and, as noted by the SSC, was not Response: This action does not Council, the Northeast Fisheries Science expected to result in overfishing of the introduce a new concept, and is not a Center, and NMFS policy staff. The butterfish resource. significant departure from the Council’s Council may recommend a more existing risk policy, but rather a NMFS notes that, since the initiation conservative ABC than that clarification of the Council’s intent of Framework Adjustment 6, the SSC recommended by the SSC if it feels that regarding stocks with increasing trends the SSC’s recommendation does not reaffirmed its original 2012 butterfish for which an OFL cannot be established. adequately safeguard against ABC recommendation of 3,622 mt Similar discussion regarding departure overfishing. Further, NMFS can (originally recommended in May 2011) from the Council’s established ABC implement alternative specifications, at their May 2012 meeting in accordance control rules is included in the NS1 should our review determine that the with the provisions in Framework Guidelines (§ 600.310(f)(3)) and in the Council’s recommendation is out of Adjustment 6, and the Council ABC control rule regulations at § 648.20. compliance with National Standard 1. reaffirmed their original suite of The Council felt that the flexibility NMFS notes that the merits of the recommended specifications (originally provided to the SSC in the ABC control SSC’s ABC recommendations for the recommended in June 2011) at its June rules was in conflict with the lack of 2012 and 2013 fishing years are not the 2012 meeting. As noted in the response flexibility in its existing risk policy. subject of this rulemaking, but offers to Comment 3, NMFS will publish a Because the risk policy and ABC control some discussion of these issues because rule to finalize butterfish specifications rules are meant to work in concert, the of their relevance to Framework 6. With shortly. Council initiated Framework regard to the SSC’s 2012 ABC Comments on the Council’s 2013 Adjustment 6 to perfect and clarify its recommendation, the NRDC references specifications recommendations will be guidance to the SSC. NOAA Technical Memorandum NMFS– addressed in the 2013 specifications Framework Adjustment 6 does not SEFSC–616 (Calculating Acceptable process. The SSC recommended a 2013 change the Council’s approach for all Biological Catch for Stocks that have butterfish ABC to the Council at its May Level 4 stocks, and only allows the SSC Reliable Catch Data Only (Only Reliable 2012 meeting, and the Council adopted to recommend ABC increases for Level Catch Stocks—ORCS; 2011)). The the SSC’s recommendation, along with 4 stocks under very limited memorandum was developed by a butterfish specifications and circumstances. Stocks without an OFL Working Group comprised of management measures, at its June 2012 or OFL proxy that have evidence of representatives from seven of the eight meeting. The Council is finalizing its biomass declines or for which the SSC SSCs, five of the six NMFS Science recommendation, which will be cannot point to scientific evidence to Centers, NMFS Headquarters, academic submitted to NMFS for review and suggest that the recommended ABC will institutions, a state agency, and a non- rulemaking. NMFS clarifies that the SSC not result in overfishing will still be governmental organization to offer did not rely on the provisions in bound by the original risk policy. guidance that can be used to set ABCs Framework Adjustment 6 for its 2013 Adjustments to the existing Council for stocks that only have reliable catch butterfish ABC recommendation risk policy can be addressed through the data, are lightly fished, and appear to because it was able to develop an OFL framework process for all Council- have stable or increasing trends. The proxy during its deliberations. managed species (see § 648.25(a)(1) for

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mackerel and butterfish; § 648.79(a)(1) cap on the longfin squid fishery to 2,445 would not have a significant economic for surfclam and ocean quahog; mt (a 1,009-mt increase from status quo) impact on a substantial number of small § 648.110(a)(1) for summer flounder; through the implementation of the final entities. The factual basis for this § 648.130(a)(1) for scup; § 648.149(a)(1) 2012 butterfish specifications. The certification was published in the for black sea bass; § 648.167(a)(1) for Council initiated process for Framework proposed rule and is not repeated here. bluefish; § 648.239(a)(1) for spiny Adjustment 6 at its February 2012 No comments were received regarding dogfish; and § 648.299(a)(1)(x) for meeting, which was the first Council this certification. As a result, a tilefish). Given that the adjustment will meeting after it realized that its risk regulatory flexibility analysis was not only apply in limited circumstances, policy may need further clarification required and none was prepared. and given that no other provisions of the with respect to stocks without an Omnibus Amendment are altered by overfishing limit. The timeline that this List of Subjects in 50 CFR Part 648 this action, this change is minor enough action has followed has been the fastest Fisheries, Fishing, Recordkeeping and to have been addressed in a framework possible given statutory requirements, reporting requirements. adjustment rather than through a plan and happens to coincide with the start amendment. The analytical of Trimester III for longfin squid. By the Dated: August 21, 2012. requirements to complete this action as time the longfin squid fishery closed on Alan D. Risenhoover, a framework adjustment or an July 10, 2012, in Trimester II, over 100 Director, Office of Sustainable Fisheries, amendment are the same, and the percent of the status quo annual Performing the Functions and Duties of the Council prepared the necessary allocation of the butterfish mortality cap Deputy Assistant Administrator for analytical requirements for this action was estimated to have been taken. Regulatory Programs, National Marine Fisheries Service. in the form of a Supplemental Because the butterfish mortality cap Environmental Assessment. The closes the longfin squid fishery in For the reasons set out in the primary difference is the amount of time Trimester III when 90 percent of the preamble, 50 CFR part 648 is amended that it takes to complete an amendment annual butterfish cap allocation has as follows: as compared to a framework adjustment. been taken, under the status quo The Council process for this framework allocation, the longfin squid fishery PART 648—FISHERIES OF THE adjustment was completed over two would not be opened at the start of NORTHEASTERN UNITED STATES Council meetings (February 2012 and Trimester III on September 1, 2012. The April 2012). In contrast, an amendment increased butterfish mortality cap ■ 1. The authority citation for part 648 would take several additional months implemented through the final 2012 continues to read as follows: for completion. The public was butterfish specifications will allow for Authority: 16 U.S.C. 1801 et seq. provided the required notice for Council the longfin squid fishery to operate meetings for this framework adjustment, during Trimester III. Longfin squid ■ 2. In § 648.21, paragraph (d) is revised and the meetings were open to public migrate throughout their range and have to read as follows: participation and offered the public sporadic availability. The fleet is quick § 648.21 Mid-Atlantic Fishery Management sufficient opportunity to comment on to target longfin squid aggregations Council risk policy. the measures being considered. Finally, when they do appear, and is capable of this framework adjustment underwent landing over 550 mt in a single week. * * * * * the proposed and final rulemaking Analysis of this year’s fishing activity (d) Stock without an OFL or OFL processes to allow the public additional indicates that longfin squid was proxy. (1) If an OFL cannot be opportunity to comment. particularly abundant this spring and determined from the stock assessment, summer, and historical availability or if a proxy is not provided by the SSC Classification patterns suggest that longfin squid during the ABC recommendation The Administrator, Northeast Region, abundance could still be high in the process, ABC levels may not be NMFS, determined that this framework early fall. Only 7,761 mt of the 22,220 increased until such time that an OFL adjustment to the Atlantic Mackerel, mt longfin squid quota has been has been identified. Squid, and Butterfish; Atlantic Bluefish; harvested this year, meaning that well (2) The SSC may deviate from Spiny Dogfish; Summer Flounder, Scup, over half of the quota remains to be paragraph (d)(1) of this section, and Black Sea Bass; Surfclam and Ocean harvested during the final 4 months of provided that the following two criteria Quahog; and Tilefish FMPs is necessary the fishing year. A 30-day delay in the for the conservation and management of are met: Biomass-based reference points implementation of this rulemaking, and indicate that the stock is greater than the Atlantic mackerel, butterfish, thus a delay in the implementation of Atlantic bluefish, spiny dogfish, BMSY and stock biomass is stable or the final 2012 butterfish specifications, increasing, or if biomass based reference summer flounder, scup, black sea bass, may prevent fishermen from accessing surfclam, ocean quahog, and tilefish points are not available, best available longfin squid when it is temporarily science indicates that stock biomass is fisheries and that it is consistent with available within portions of its range stable or increasing; and the SSC the Magnuson-Stevens Act and other and prevent the harvest of a significant provides a determination that, based on applicable laws. amount of longfin squid quota (up to best available science, the The Assistant Administrator for 2,220 mt of the remaining 14,459 mt of recommended increase to the ABC is Fisheries, NOAA, finds good cause longfin squid quota), negating any not expected to result in overfishing. under section 553(d) of the benefit of implementing this rule. Administrative Procedure Act to waive This final rule has been determined to Any such deviation must include a the 30-day delay in effectiveness for this be not significant for purposes of description of why the increase is action because delaying the Executive Order 12866. warranted, description of the methods effectiveness of this rule would be The Chief Counsel for Regulation of used to derive the alternative ABC, and contrary to the public interest. the Department of Commerce certified a certification that the ABC is not likely Immediate implementation of to the Chief Counsel for Advocacy of the to result in overfishing on the stock. Framework Adjustment 6 will allow for Small Business Administration during [FR Doc. 2012–21058 Filed 8–24–12; 8:45 am] the increase in the butterfish mortality the proposed rule stage that this action BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE established for butterfish based on the adjustments in Framework 6, the SSC most recent butterfish assessment, the reaffirmed its original 2012 butterfish National Oceanic and Atmospheric Council’s preferred specifications would ABC recommendation of 3,622 mt Administration have doubled the butterfish acceptable (initially recommended at the SSC’s biological catch (ABC) for fishing year May 2011 meeting to recommend 2012 50 CFR Part 648 2012 over the status quo level (to 3,622 butterfish specifications) at its May 2012 [Docket No. 110707371–2346–03] mt). A public comment on the proposed meeting. rule submitted by the Herring Alliance, RIN 0648–BB28 an environmental group that represents Following the SSC’s reaffirmation of 52 organizations concerned about the the 2012 butterfish specifications, the Fisheries of the Northeastern United status of the Atlantic coast’s forage fish, Council reaffirmed its original suite of States; Atlantic Mackerel, Squid, and accurately stated that the proposed recommended specifications at its June Butterfish Fisheries; Specifications increase to the butterfish ABC is 2012 meeting. Therefore, this action and Management Measures prohibited by the Council’s former risk now sets butterfish specifications in AGENCY: National Marine Fisheries policy. That policy, at 50 CFR 648.21(d), accordance with the Council’s original Service (NMFS), National Oceanic and states: ‘‘If an OFL cannot be determined recommendation for the remainder of Atmospheric Administration (NOAA), from the stock assessment, or if a proxy the 2012 fishing year (until December Commerce. is not provided by the Scientific and 31, 2012). The butterfish ABC and ACL ACTION: Final rule. Statistical Committee (SSC) during the are specified at 3,622 mt, and the ACL ABC recommendation process, ABC is specified at 3,260 mt (reduced 10 SUMMARY: NMFS is implementing final levels may not be increased until such percent from ACL). This action allocates 2012 specifications and management time that an OFL has been identified.’’ 2⁄3 of butterfish catch (based on the measures for the butterfish fishery, To remedy this situation, NMFS 1999–2008 average) as discards, and which is managed as part of the Atlantic published an interim final rule for maintains the allocation of 15 mt for Mackerel, Squid, and Butterfish Fishery butterfish specifications (March 21, Research Set-Aside (RSA) specified in 2012; 77 FR 16472) that temporarily Management Plan. This action requires the interim final butterfish reinstated the status quo butterfish a 3-inch (76-mm) minimum codend specifications (March 21, 2012; 77 FR mesh size in order to possess more than specifications (1,811 mt ABC; 1,630 mt 16472), which results in a DAH and 2,000 lb (0.9 mt) of butterfish (up from ACT; 500 mt domestic annual harvest DAP of 1,072 mt (3,260 mt minus 2,173 1,000 lb (0.45mt)). These specifications (DAH) and domestic annual processing mt discards minus 15 mt RSA). The and management measures promote the (DAP); 1,436 mt butterfish mortality utilization and conservation of the cap) and allowed for public comment. total allowable level of foreign fishing butterfish resource. The interim final rule was published (TALFF) for butterfish is only specified to address bycatch by foreign fleets DATES: Effective on August 24, 2012. to address the procedural impediment to finalizing the original proposed targeting mackerel TALFF. Because ADDRESSES: Copies of the 2012 butterfish specification identified in the there was no mackerel TALFF specified specifications document, including the comment noted above. This action in the final 2012 specifications for Environmental Assessment (EA), is finalizes the interim rule. Because available from John K. Bullard, mackerel, butterfish TALFF is also set at NMFS already proposed the zero. Northeast Regional Administrator, specifications and management National Marine Fisheries Service, 55 measures contained in this final rule at Great Republic Drive, Gloucester, MA TABLE 1—FINAL SPECIFICATIONS, IN the initial proposed rule stage, and the METRIC TONS (MT), FOR 01930. This document is also accessible public already had an opportunity to BUTTERFISH FOR THE 2012 FISHING via the Internet at comment on the proposed specifications http://www.nero.noaa.gov. NMFS (October 26, 2011; 76 FR 66260), there YEAR prepared a Final Regulatory Flexibility is no need to re-propose these final Analysis (FRFA), which is contained in specifications. NMFS used the interim Specifications Butterfish the Classification section of this rule. final rule to accept comments on the OFL ...... Unknown. Copies of the FRFA and the Small Entity lower specification, but also responded Compliance Guide are available from: ABC ...... 3,622. to comments on the higher proposed ACL ...... 3,622. Daniel S. Morris, Acting Regional specification in the interim final rule Administrator, National Marine ACT ...... 3,260. (March 21, 2012; 77 FR 16472). RSA ...... 15. Fisheries Service, Northeast Region, 55 Comments on the interim final rule are Great Republic Drive, Gloucester, MA DAH/DAP ...... 1,072. addressed in the Comments and JVP ...... 0. 01930–2276, or via the Internet at http:// Responses section of this rule. www.nero.noaa.gov. TALFF ...... 0. Since the publication of the interim Butterfish Mortality Cap ...... 2,445. FOR FURTHER INFORMATION CONTACT: Aja final rule for butterfish specifications, Szumylo, Fishery Policy Analyst, 978– the Council recommended, and NMFS 281–9195, fax 978–281–9135. has approved, Framework Adjustment 6 The butterfish mortality cap in the SUPPLEMENTARY INFORMATION: (Framework 6) to the Atlantic Mackerel, longfin squid fishery is specified at Squid, and Butterfish Fishery 2,445 mt (75 percent of 3,260 mt). If the Background Management Plan. Framework 6 adjusts butterfish mortality cap is harvested On October 26, 2011, NMFS the Council’s risk policy to allow the during Trimester I (January-April) or published a proposed rule (76 FR SSC to propose ABC increases for stocks Trimester III (September-December), the 66260) that included the Mid-Atlantic that have stable or increasing trends in directed longfin squid fishery will close Fishery Management Council’s abundance, and for which there is for the remainder of that trimester. (Council) preferred butterfish robust scientific information to suggest The 2012 butterfish mortality cap is specifications. Though an overfishing that an increased ABC will not lead to allocated by Trimester as follows: limit (OFL) was not able to be overfishing. In accordance with the

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TABLE 2—TRIMESTER ALLOCATION OF butterfish assessment, the SSC assumed does not, ‘‘hide’’ comments from the BUTTERFISH MORTALITY CAP ON a high level of natural morality (M = 0.8) public. The commenter’s submission THE LONGFIN SQUID FISHERY FOR and applied the 67-percent ratio to focused primarily on the merits of the 2012 result in a fishing mortality of F = 0.536, two most recent butterfish stock which the SSC used as a proxy assessments. As noted below, comments Trimester Percent Metric tons maximum fishing mortality rate on the merits of stock assessments are threshold for butterfish. In the NEFSC not generally addressed in the response I (Jan–Apr) ...... 65 1,589.25 analysis, a catch of 16,800 mt would to comment. II (May–Aug) ..... 3.3 80.69 only lead to fishing mortality rates Comment 2: GSSA maintained its III (Sep–Dec) .... 31.7 775.06 higher than F = 0.536 (i.e., rates support for the Council’s original consistent with overfishing based on the butterfish specification recommendation Total ...... 100 2,445 maximum fishing mortality rate (ABC = 3,622 mt; ACT = 3,260 mt; DAH threshold proxy) under very extreme and DAP = 1,087 mt; butterfish cap = Finally, this action implements a 3- assumptions. The SSC therefore adopted 2,445 mt). It noted that recent trawl inch (76-mm) minimum codend mesh 16,800 mt as a proxy OFL. survey information, and information size requirement for vessels possessing The SSC buffered the proxy OFL by from the 49th Stock Assessment 2,000 lb (0.9 mt) or more of butterfish 50 percent to reach the butterfish ABC Workshop (SAW 49), suggest that (up from 1,000 lb (0.45 mt) in 2011), in of 8,400 mt. Its justification for this fishing mortality is low, and therefore order to allow more butterfish that buffer noted that the short life history of support the increase. otherwise would have been discarded to butterfish gives limited time for Response: This action implements the be landed. management to respond to adverse Council’s original preferred In its reaffirmation of its patterns, that recruitment of butterfish is recommendations. recommended 2012 butterfish ABC of highly variable and uncertain, that the Comment 3: The Herring Alliance 3,622 mt, the SSC also noted that the stock status of butterfish is unknown, supported NMFS’ disapproval of the rationale for the 2013 butterfish ABC and that butterfish are susceptible to Council’s proposed 2012 specifications recommendation provides additional environmental and ecosystem and implementation of status quo support for its 2012 butterfish ABC variability, in particular inter-annual specifications. It stated that the recommendation. The SSC’s final variability in natural mortality. Council’s proposed catch limits are butterfish ABC recommendation for inconsistent with the regulations 2013 is 8,400 mt, based on an OFL Comments and Responses implementing the Omnibus proxy of 16,800 mt. A detailed summary Five comments were submitted on the Amendment. of the SSC’s rationale for its 2013 interim final butterfish specifications Response: NMFS agrees that the butterfish ABC recommendation is from: Seafreeze, Ltd. (Seafreeze), a Council’s initially proposed 2012 available in its May 2012 Report frozen seafood producer based in Rhode specifications were inconsistent with (available, along with other materials Island; Dr. Joel Jay Sohn, a research the Council’s risk policy as from the SSC discussion, at: http:// associate at Harvard University; the implemented through the Omnibus _ www.mafmc.org/meeting materials/ Garden State Seafood Association ACL/AM Amendment (76 FR 60606, _ _ SSC/2012–05/SSC 2012 05.htm), and (GSSA), an industry group representing September 29, 2011), and so NMFS will be discussed in the documentation members of the commercial fishing implemented the status quo (2011) for the 2013 MSB specifications industry in New Jersey; the Herring specifications in an interim final rule for recommendations. It is summarized Alliance, which represents 52 the beginning of the 2012 fishing year. below because of its relevance to the organizations concerned about the The revised Risk Policy in Framework SSC’s reaffirmation of its 2012 butterfish status of the Atlantic Coast’s forage fish; Adjustment 6 to the MSB FMP allows ABC recommendation. and one member of the public. the SSC to recommend increases to the Because of the uncertainty in the most ABC for stocks without an OFL, recent butterfish stock assessment, on Comments on the Specifications provided that there is sufficient April 6, 2012, the Council requested Comment 1: Seafreeze noted that scientific evidence to suggest that such that NMFS Northeast Fisheries Science NMFS stated in the request for increases will not result in overfishing. Center (NEFSC) offer additional analysis comments that all comments received Based on the new Risk Policy, the SSC of the butterfish stock to aid the SSC in are part of the public record and will has since reaffirmed its 2012 butterfish the ABC setting process for the 2013 generally be posted in the Federal specifications recommendation in fishing year. The NEFSC analysis (May Register without change. It noted that accordance with the new provisions in 2, 2012, also available with the SSC this had not been done for the Framework Adjustment 6, which was meeting report) applied ranges of a comments received on either 2011 or recently approved by NMFS, and this number of different factors (such as 2012 MSB specifications, and action promulgates the Council’s natural mortality and survey speculated that this may be because original specifications catchability) to develop a range of likely NMFS did not want the public to see the recommendations. stock biomasses that would be comments. They also stated that we did Comment 4: Seafreeze disagreed with consistent with recent survey results not fully answer their comments. the determination that we are risking and observed butterfish catch. The Response: NMFS’ requests for overfishing of the butterfish resource NEFSC also examined a range of fishing comment state that comments are part of because no OFL has been determined. mortalities that would result from these the public record and will generally be Response: The butterfish quota was biomass estimates. The SSC used the posted to http://www.regulations.gov, maintained at status quo because an NEFSC analysis, along with guidance not the Federal Register, without increase was prohibited by the (Patterson, 1992) that suggests change. This was done for the Seafreeze regulations, not because NMFS maintaining a natural mortality/fishing comments on both the 2011 and 2012 determined that the stock was at risk of mortality ratio of 67 percent for small specifications. It is never our practice to overfishing due to the lack of an pelagic species, to develop a proxy OFL reprint full comment letters in the established OFL. The Council’s Risk for butterfish. Consistent with the 2010 Federal Register. NMFS has not, and Policy at the time it recommended 2012

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butterfish specifications did not permit Response: The butterfish population Centers, NMFS Headquarters, academic the SSC to recommend increases to the decline was noted by all independent institutions, a state agency, and a non- ABC for stocks for which an OFL could reviewers of the SAW 49 butterfish governmental organization, to offer not be determined. As discussed above, assessment. The recent increase in guidance which can be used to set ABCs the Council has since adjusted the risk survey trends occurred after the 2009 for stocks that only have reliable catch policy in Framework Adjustment 6 to assessment. NMFS notes that the SSC data, are lightly fished, and appear to the MSB FMP. The adjustments to the analyzed additional information from have stable or increasing trends. The risk policy allow the SSC to recommend 2010 and 2011 to reach its SSC noted that the butterfish stock met ABC increases for stocks without an recommendation for the 2012 fishing the criteria outlined for this approach, OFL under certain limited year; specifically, a recommended and relied on the concepts in this circumstances, such as for butterfish, doubling of the 2011 ABC guidance document in developing its where the SSC can present information recommendation. ABC recommendation. The report that suggests that stock abundance is Comment 8: The Herring Alliance was recommends doubling catch during a stable or increasing, and information disappointed that NMFS did not stable period to create an OFL, setting that supports its finding that increases respond to its claim that the Council’s the ABC at 50 to 90 percent of the OFL, in ABC are unlikely to result in ABC recommendation of 3,622 mt was and then tracking the stock to see how overfishing. not 100-percent supported by the the adjusted catch levels affect Comment 5: Seafreeze claimed that scientific analyses, including the abundance. During its public process, scientists and managers have cited technical report cited by the SSC, and the SSC discussed that, because recent low butterfish landings as an is therefore inconsistent with National butterfish fishing mortality was likely indication that the butterfish stock must Standard 2. It claimed the record shows contributing very little to changes in be in trouble. It claimed that this that the Council’s original stock abundance, the ABC could be rationale creates a vicious cycle that has recommendation of 3,622 mt was not doubled and still yield a fishing been used to make decisions to keep based on the best available scientific mortality rate that would not affect quotas low. information. It noted that the SSC stock size. The SSC also commented Response: Butterfish landings have doubled the ABC based on a NOAA during Council deliberations that never been used on their own as the Technical Memorandum used to set establishing an OFL or OFL proxy rationale for the butterfish quotas that ABCs for stocks that only have reliable would not have changed its ABC were set from 2005 to 2011. The quotas catch information, but did not apply the recommendation for 2012. NMFS were initially lowered in 2005 to recommended methodology in the considered the SSC’s rational for memorandum in any rigorous way. The discourage a directed fishery after increasing the butterfish ABC and found Herring Alliance also asserted that other NMFS notified the Council that the it to be appropriate and well supported rationale for the increase cited by the butterfish stock was overfished based on by the best available scientific SSC and NMFS, namely that there were the 2004 assessment. Past landings information. Though the SSC used the anecdotal observations of increased information is a single component guidance in NOAA Technical butterfish abundance, and that fishing within the suite of information used to Memorandum NMFS–SEFSC–616, it mortality appears low compared to make decisions about future landings used its scientific judgment to natural mortality, cannot be supported recommend an ABC that was expected levels. Among other things, the SSC by best available science. to result in a level of fishing mortality considers information from recent Response: At the time of the proposed documented in SAW 49, and, at the assessments and survey indices when rule for 2012 specifications, NMFS time of NMFS’s initial proposed rule, making ABC recommendations determined that the SSC provided was not expected to result in overfishing Comment 6: Dr. Sohn commented that appropriate scientific justification for its of the butterfish resource. the certification by the SSC that the best recommended doubling of the butterfish The observation that natural mortality available science was employed in its ABC. The SSC relied on the findings of is much higher than fishing mortality is butterfish ABC recommendation to the the most recent butterfish assessment, not used as a justification for increasing Council is a self-certification of the SAW 49, in conjunction with catch levels; it is offered in SAW 49 as SSC’s ABC development process. information form Council staff, to part of the determination that fishing Response: NMFS disagrees. In our inform its final ABC recommendation. mortality does not appear to be the view, the SSC’s agreement that the best SAW 49 determined that the butterfish major driving factor determining available science was used indicates its stock has a high natural mortality rate butterfish stock size, and that other approval of the peer-review process. (M = 0.8) and a low fishing mortality environmental factors are the primary That fact that the independent peer- rate (F = 0.02), and concluded that drivers of butterfish abundance levels. reviewers at SAW 49 proposed no environmental factors, rather than The relative contribution of fishing radically different model for butterfish fishing mortality, are driving stock mortality compared to natural mortality stock status determinations abundance. The SSC also considered is well documented in SAW 49. The demonstrates that little can be done at recent trawl survey indices, which anecdotal observations of increased this time to reduce the uncertainty in indicate that butterfish abundance is butterfish abundance provided by the stock biomass estimates. stable or increasing. fishing industry were not noted as a Comment 7: Dr. Sohn stated that the The Herring Alliance referenced basis for the decision, but were offered conclusion from the assessment that NOAA Technical Memorandum NMFS– as part of the fishery performance ‘‘butterfish populations appear to be SEFSC–616 (Calculating Acceptable reports generated during the Council’s declining over time’’ is untrue. He noted Biological Catch for Stocks That Have specification process. Observations from that evidence demonstrates that Reliable Catch Data Only (Only Reliable the fishing industry are often used to butterfish populations increase and Catch Stocks—ORCS; 2011)). The contextualize the scientific information decrease over time, and that currently memorandum was developed by a being considered by SSC members. NMFS surveys and all other long-term Working Group comprised of NMFS still supports the rationale that surveys indicate a period of increasing representatives from seven of the eight the SSC put forward in recommending abundance. SSCs, five of the six NMFS Science the 3,622-mt ABC for butterfish during

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its initial deliberations for 2012 prevent overfishing while achieving, on and methodology, and urged an orderly specifications. The SSC has also a continuing basis, the OY from each process of re-examination of the data conducted deliberations for its 2013 fishery for the United States fishing and methodology used to assess butterfish ABC recommendation, and industry (16 U.S.C. 1851(a)(1)). The butterfish so that the recommendations offered additional rationale in its 2013 Magnuson-Stevens Act defines are based upon scientifically valid ABC recommendation that supports the ‘‘optimum’’ with respect to yield from a assumptions and methods. assertion that the 3,622-mt butterfish fishery, as being prescribed on the basis Response: A benchmark butterfish ABC will not result in overfishing. Their of maximum sustainable yield from the assessment is scheduled for 2013. In the rationale for their recommended 2013 fishery, as reduced by relevant meantime, the current specification ABC (8,400 mt) is outlined in the economic, social or ecological factors recommendations for butterfish are Background section of the preamble to (16 U.S.C. 1802(33)). The Council’s based on the best available scientific this action. Given that the additional FMPs all contain a process for assessing, information. Further comments on the analysis that the SSC used to derive its specifying, identifying, and adjusting current butterfish assessment are 2013 ABC recommendation of 8,400 mt OY, as needed, based on relevant addressed below. suggests that this level has a low economic, social, and ecological factors Comment 12: Dr. Sohn discouraged likelihood of resulting in overfishing, it for each species. The guidelines state the adoption of short-term rules to is reasonable to conclude that ABCs of that achieving OY on a continuing basis govern butterfish harvest. He argued lower amounts, such as the 3,622-mt means producing a long-term series of that, by adopting short-term rules, ABC that will be implemented in this catches such that the average catch is previous scientific and management action, will be unlikely to result in equal to OY and other conservation errors will be perpetuated. overfishing. objectives of the Magnuson-Stevens Act Response: The commenter does not Comment 9: The Herring Alliance are met (§ 600.310(e)(3)(i)(B)). The explain what he considers to be a commented on the proposed rule and on guidelines further state that an FMP ‘‘short-term’’ rule. The Council typically the interim final rule for butterfish must contain measures, including ACLs recommends specifications for specifications that the role of butterfish and AMs, to achieve OY on a continuing butterfish for 1 fishing year (January 1– as forage should have been taken into basis. However, the Magnuson-Stevens December 31), but may set account in setting the butterfish ABC. It Act and guidelines do not require that specifications for up to 3 years for any noted that the National Standard 1 OY considerations be addressed when of the species managed under the MSB guidelines specify that managers must developing ACLs. The implementing FMP. The Council recommended pay serious attention to maintaining regulations for the Council’s Omnibus butterfish specifications for 1 fishing adequate forage for all components of Amendment require that the ACL be set year during the 2012 specifications the ecosystem, and that the FMP’s equal to the ABC for all Council- process. specification of optimum yield (OY) managed species, but the Council may Comment 13: Seafreeze expressed its must address ecological factors, even take these additional factors into view that butterfish needs to be turned where quantification of ecological account when establishing ACTs (see into export revenue and jobs rather than factors is not available. It reiterated that final NS1 guidelines, 74 FR 3178, 3189 being discarded. marine predators switch prey depending (explaining OY, ABC, ACT, ACL Response: Not all unharvested fish on the relative abundance and relationships in response 33)). constitute foregone yield, as these distribution of forage species, and Comment 10: One member of the animals serve as prey for other fishery concluded that, because the status of public commented that butterfish quotas stocks. Hence, fishery yields for stocks such as Atlantic herring blueback should be cut to save the species, and predator species can theoretically herring, alewife, American shad, that this comment should not be improve when a very high quota for hickory shad, and Atlantic menhaden dismissed by NMFS. This commenter butterfish is reduced. are compromised, a lack of also stated that NMFS has no clear, Comments on the Butterfish Assessment precautionary protection for butterfish accurate information. may render these stocks more Response: The quota levels In addition to comments on the vulnerable to collapse. Likewise, it also recommended by the Council and regulatory content of this rulemaking, argued that, should predators switch to implemented through this final rule are Seafreeze, and Dr. Sohn commented butterfish because of low availability of based on the best available science, and extensively on the butterfish stock other forage species, the Council’s high was reviewed twice by the Council’s assessment. NMFS does not typically butterfish ABC recommendation could SSC. The SSC is a Magnuson-Stevens respond in detail to comments on the lead to collapse of the butterfish stock. Act-mandated Council body made up of merits of the assessment in the response Response: As noted in the response to independent scientists, which to comments in rulemaking. This is comments in the interim final rule for recommends the ABC levels for all because assessments are conducted and butterfish specifications, the impacts of fisheries. NMFS notes that the finalized prior to and separate from natural mortality on the butterfish stock, commenter made general allegations for rulemakings, and feature their own including predation, are taken into which no supporting documentation process for public participation account during the butterfish was provided. NMFS encourages every procedures. Comments on the merits of assessment process, and are addressed commenter to provide documentation or an assessment, and the information used during the specification of the ABC. The specific references to reports or data to in the assessment, can therefore not be assessment does not consider potential support statements and conclusions addressed during the rulemaking future increases or decreases in submitted in response to rulemaking process, but rather need to be addressed butterfish predation because and to enable the agency to be more in the assessment process. Given the information is not available on future specific in its responses. nature of the comments on the interim trends in forage. Comment 11: Dr. Sohn urged the final rule for butterfish specifications, As noted by the commenter, National Secretary of Commerce to reject the NMFS recognizes that commenters are Standard 1 of the Magnuson-Stevens Council’s butterfish quota making a direct link between the merits Act discusses the specification of OY, recommendations because they are of the butterfish assessment and our and requires that an FMP or amendment based upon invalid scientific reasoning approval of the Council’s recommended

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butterfish specifications as being old data for setting the annual quota for Instead, we allow this effect to be supported by the best available cod, which have a 10-year lifespan. Dr. estimated from the data. scientific information. Although the Sohn also asserted that the use of ‘‘old’’ Comment 18: Seafreeze claimed that assessment and its supporting data means that NMFS will fail to the recent high abundance of butterfish information are not subject to NMFS’ conserve a resource when needed, and (as documented in East Coast state and decision making in the specifications, fail to open a fishery for harvest when university surveys, recent NEFSC responses to specific comments on the the resource has recovered. surveys, data from nuclear plants, and assessment are provided in the Response: Cod and butterfish are other sources) has been explained away following to clarify our position on assessed using different methods. The by citing the calibration factors between these matters. assessment model for the cod stocks is the FSV Bigelow to the RV Albatross IV. Comment 14: Seafreeze noted that the completely age-structured, for instance. Response: NMFS disagrees. The assessment of fish stocks is an imprecise Because there are not sufficient data to calibrated time series still shows this science and will remain so as long as we use an age-structured model for increase. use a handful of fish to estimate the full butterfish at this time, the butterfish Comment 19: Dr. Sohn claimed that size of a given fish stock, or until we assessment uses a delay-difference NMFS has refused to acknowledge that count every fish in the ocean. model, in which several assumptions the peer review process has rejected the Response: We agree that there is are made on the way these fish grow assessment for butterfish. Response: NMFS acknowledges that uncertainty in fish stock assessments. and transition from the younger group the peer review results indicated that However, even if all of the fish in the (fish that are too small to enter the stock were counted, there would still be the fishing mortality level identified in fishery) and the older mature group (in the assessment may not be appropriate uncertainty in the size of the stock in which all the fish are available to the the future, given a specified quota. We and that a stock biomass level could be fishery). If sufficient data are eventually determined. This is why there are no assess stocks based on data gathered available, an age-structured model can from thousands of fish, not just acceptable biological reference points be applied to butterfish because the for this stock. handfuls, taken in the course of NEFSC same fundamental processes of (and other) fishery-independent Comment 20: Dr. Sohn asserted that mortality, growth, spawning, and surveys, as well as samples gathered NMFS has not been inclusive in its recruitment occur. The important directly from fishing vessels. Although performance with respect to its distinction is the very different some uncertainty is inherent in assessment of butterfish, that NMFS has parameters governing the dynamics of estimates of relative abundance, this not sought advice widely, and that cod and butterfish. Although more real- uncertainty typically decreases with NMFS has not captured the full range of time collection of data might be useful increased sampling whether these data scientific thoughts and opinions on this for estimating the status of the butterfish are collected by scientists, fishery subject matter. He noted that the stock throughout the year, for a observers, or port samplers. assessment process has not been set up Comment 15: Dr. Sohn noted that the recruitment-driven stock such as to work with its stakeholders in failure of the assessment process for butterfish there will always be much gathering information in a scientific butterfish has produced incorrect uncertainty when attempting to predict fashion in order to assist in the management decisions that stretch back what state the stock will be in during assessment. to butterfish being listed as overfished the next year. Response: In fishery assessments, we in 2004. He implied that the failure of Comment 17: Seafreeze expressed a strive to account for a range of biological the butterfish assessment process is the lack of confidence in efforts to calibrate and ecosystem characteristics, to result of a willful and deliberate the FSV Bigelow to the RV Albatross IV improve our results, and to bound them misrepresentation of information on the and noted that it is likely impossible to by explicitly identifying and part of NMFS. mathematically calculate how the considering underlying uncertainties. Response: The unique life history of species captured in each tow will differ The scientific review process used in butterfish poses significant and well- between vessels, especially if the vessels the Northeast for developing fishery documented challenges for assessing the use different tow speeds and haul times. stock assessments is public and status of the resource and for Response: Estimating the relative transparent, and one of the most management. The assessment process capture efficiency at length for rigorous review processes of its kind in includes detailed discussion of this butterfish taken by the FSV Bigelow and the United States. The assessment issue and the Council process utilizes RV Albatross IV is not easy. This is why process used in the Northeast comprises and accounts for the uncertainty in the external peer reviews were conducted of a series of working group meetings that assessments by establishing butterfish both the experimental design and are open to the public. Scientists from management policies and measures estimation methodology of the vessel industry, NGOs, academic institutions, through review and recommendations of calibration experiment. It is also true and state governments regularly its SSC. Responses to specific that, for a given tow, a prediction of participate in these meetings, during assessment issues below offer more relative efficiency will be imprecise. which the working group comes to explanation of the butterfish Precision becomes much better for consensus on the data and models to be assessment. predicting the average relative efficiency used to assess the stock. The primary Comment 16: Seafreeze claimed that over all tows in the calibration study, goal of these meetings is to develop a the butterfish stock is assessed in the which is the procedure NMFS used to scientifically defensible assessment that same way that assessments are done for calibrate the surveys of the two vessels. is vetted and subjected to independent, cod. It noted that stock assessments are This gain in precision occurs because arms-length peer-review (by reviewers usually 5–7 years old by the time they the average becomes less variable as the obtained through the Center for are used for quota setting and that, given number of tows used for inference Independent Experts) at the final Stock that butterfish have a 1.5-year lifespan, increases. When conducting these Assessment Review Committee (SARC) 3–4 generation-old information is being analyses, we do not dictate the way that meeting. used to set annual quotas for butterfish. various changes in towing affect the Comment 21: Dr. Sohn stated that It compared this to using 30 to 40-year- relative efficiency of the two vessels. assessments are not done in a timely

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fashion so that rational management can issues, as well as a larval abundance Comment 24: Dr. Sohn commented take place. index for butterfish, will be considered that the claims that NMFS makes Response: NMFS acknowledges that in the 2013 benchmark butterfish concerning the decrease of the butterfish assessments are conducted within many assessment. population are the result of numbers constraints. Some of these constraints There will be a series of public and biomass caught during the NMFS are not commonly in play in other areas meetings to determine the data and spring and fall surveys. He noted that, of scientific research. Examples include model used in the benchmark butterfish while NMFS prides itself on the survey, deadlines that are driven by pending assessment, and commenters are it has destroyed continuity by not management events, the availability of welcome to attend. Also underway are paying sufficient attention to ensure scientific staff to analyze data and projects to determine ways in which consistent sampling. He further conduct the work within those measures of habitat association by discussed that the use of calibration deadlines, and the reliance of fishery butterfish might be incorporated into techniques appears to provide ad hoc managers on scientific information to the next assessment model. remedies that can never be tested as to inform their decisions. Assessments also Zoogeographical ecosystem-based their confidence. involve continual evaluation and re- models would be ideal for all species Response: The use of calibration evaluation. New data are constantly but, to the best of our knowledge, there factors is well founded in the literature arriving from multiple sources are no stocks anywhere that are assessed and their estimation for transitioning including monitoring by researchers and using such a spatially-detailed model. the survey from the RV Albatross IV to fishery observers, and reporting by The absence of such models reflects the the FSV Bigelow was based on rigorous fishing vessels and fish dealers. real data limitations and our inability to statistical analysis. Therefore, the Comment 22: Dr. Sohn noted that parameterize such a complex model, results are not ad hoc. The precision of ocean larval transport from the southern rather than a naı¨ve understanding of the the calculated confidence intervals for end of the butterfish population range species biology. While an enormous the FSV Bigelow-RV Albatross IV (north of Cape Hatteras) to the northern amount of information on the calibration factors is publicly available, end of its range may have an important demography of butterfish is considered and this uncertainty has been accounted role in the population dynamics of in the assessment, the rapid growth and for in calibrating butterfish indices from butterfish. The commenter cited a short lifespan of butterfish, as well as 2009 onward. NMFS does not currently number of scientific studies that other limitations, such as poor discard consider the stock to be declining, nor demonstrate that, for various species, estimate precision, contribute to the has it been since 2008. The two NEFSC larvae produced in one area may be the poor precision of butterfish spawning documents cited explain the careful foundation for populations of adult fish biomass estimates. We are confident attention paid to ensuring reliable in another area. He argued that, by that the new comprehensive study will transition of the survey from the RV limiting the assessment to the northern improve our knowledge of the butterfish Albatross IV to the FSV Bigelow. Fishing portion of the range of butterfish, NMFS population, and help NMFS and the industry members were very involved in is not measuring abundance in the area Council in future population estimates. the design of the new trawl, and the gear that may produce the butterfish of the Comment 23: Dr. Sohn stated that the comparison experiment was one of the mid- and North Atlantic. The 2004 and 2009 assessments for most extensive ever performed in terms commenter asserted that NMFS has butterfish failed because they used a of numbers of replicates in space and limited its survey to a political mathematical model that assumes time. boundary rather than a biological equilibrium conditions. Comment 25: Dr. Sohn commented boundary, and thus has no data on Response: Equilibrium (as used by the that NMFS failed to check its trawl important butterfish breeding grounds. commenter) is an attribute of survey results against independent data He concluded by noting that a deterministic models, in which every sets or long-term state surveys. He zoogeographical ecosystem-based model set of variable states in the model are claimed that NMFS has found excuses of the butterfish population should be uniquely determined by parameters in not to ‘‘go outside’’ of their own data done for butterfish, and that the failure the model and by sets of previous states sets to examine butterfish abundance, to incorporate new technology and of these variables. Deterministic models believing that these are too local or not theory is the result of NMFS ignoring perform the same way for a given set of long-term. The commenter noted that important scientific issues in the initial conditions. Because of the we should know butterfish abundance, assessment process. variability surrounding many of the and that the fact that we do not know Response: The studies cited by the parameters in models created for stock is because NMFS is not using all of the commenter do not analyze data on assessments, deterministic models, and available data. butterfish, but simply suggest that this deterministic equilibrium does not Response: State survey data are transport might apply to butterfish. apply to any stock. Rather, stochastic or reviewed at the data meeting for a There is some movement of butterfish probabilistic models, in which benchmark assessment. For butterfish, across the Cape Hatteras latitude. randomness is present and variable only the Massachusetts inshore and However, this occurs for any species states are not described by unique Connecticut Long Island Sound surveys over any specified stock boundary. For values, but rather by probability were readily available. These data were butterfish, there is no evidence that the distributions, are used to for stock reviewed, but not used in the degree of mixing is substantial. As assessments. There can be a stochastic assessment for several reasons. The state spawning occurs north of the Cape equilibrium, which is the average surveys cover only a very limited Hatteras latitude, any larvae transported behavior of a stochastic model; this is portion of the butterfish stock area. north of that latitude would only how stock assessment scientists view There are no age data associated with provide some fraction of the population. fish populations. Reference points are the samples. Age data are needed to Overall levels of annual recruitment can determined under stochastic distinguish the two age groups used in still be estimated without knowing the (probabilistic) conditions, and then the model for the 2010 butterfish mechanism that determines the uncertainty in the reference points assessment. For the Long Island Sound proportion of recruitment from the caused by this stochasticity is survey annual indices, there were no southern stock area. Nonetheless, these considered. associated measures of uncertainty.

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Regardless, using all state and other over half of the quota remains to be A Summary of the Significant Issues regional survey indices does not allow harvested during the final 4 months of Raised by the Public Comments in one to estimate absolute abundance. the fishing year. A 30-day delay in the Response to the IRFA, a Summary of the Comment 26: Dr. Sohn claimed that implementation of this rulemaking, may Assessment of the Agency of Such NMFS does not critically evaluate the prevent fishermen from accessing Issues, and a Statement of Any Changes methodology it uses for stock longfin squid when it is temporarily Made in the Final Rule as a Result of assessments. available within portions of its range Such Comments Response: NMFS disagrees. The SARC and prevent the harvest of a significant process provides significant critical amount of longfin squid quota (up to Comment 13 was not specifically evaluation of assessment models by directed to the IRFA, but expressed independent peer-reviewers. 2,220 mt of the remaining 14,459 mt of longfin squid quota), negating any concern about negative economic Classification benefit of implementing this rule. impacts of the specifications for butterfish on small entities. The The Administrator, Northeast Region, Moreover, the fishing entities affected NMFS, determined that these comment is fully described in the by this rule need not change their ‘‘Comments and Responses’’ section of specifications are necessary for the practice or gear, or make any other conservation and management of the the preamble to this final rule and, modifications to come into compliance therefore, is not repeated here. butterfish fishery and that they are with this action. They can continue to consistent with the Magnuson-Stevens fish as they do now without any change Description and Estimate of Number of Fishery Conservation and Management after this rule goes into effect. Small Entities to Which the Rule Will Act and other applicable laws. Apply The Assistant Administrator for Accordingly, the 30-day delay in effectiveness is not necessary here, Fisheries, NOAA, finds good cause Based on permit data for 2011, the where there is no need for the affected under section 553(d) of the numbers of potential fishing vessels in entities to modify their behavior, Administrative Procedure Act to waive the 2012 MSB fisheries are as follows: purchase new gear, or otherwise adjust the 30-day delay in effectiveness for this 351 longfin squid/butterfish moratorium action because delaying the their activities to come into compliance permits; 1,904 incidental squid/ effectiveness of this rule would be with the rule. butterfish permits; and 831 MSB party/ contrary to the public interest. The Council prepared an EA for the Immediately implementing the final charter permits. Many vessels 2012 specifications, and the NOAA participate in more than one of these 2012 butterfish specifications will not Assistant Administrator for Fisheries only benefit the butterfish fishery fisheries; therefore, permit numbers are concluded that there will be no directly, it will also aid the longfin not additive. Small businesses operating significant impact on the human squid fishery because the rule will in commercial and recreational (i.e., increase the butterfish mortality cap in environment as a result of this rule. A party and charter vessel operations) that fishery to 2,445 mt (a 1,009-mt copy of the EA is available upon request fisheries have been defined by the Small increase from status quo). By the time (see ADDRESSES). Business Administration as firms with the longfin squid fishery closed on July This final rule has been determined to gross revenues of up to $4.0 and $6.5 10, 2012, in Trimester II, over 100 be not significant for purposes of million, respectively. There are no large percent of the status quo annual Executive Order 12866. entities participating in this fishery, as allocation of the butterfish mortality cap NMFS, pursuant to section 604 of the that term is defined in section 601 of the was estimated to have been taken. Regulatory Flexibility Act, has prepared RFA. Therefore, there are no Because the butterfish mortality cap a FRFA in support of the 2012 disproportionate economic impacts on closes the longfin squid fishery in specifications and management small entities. Trimester III when 90 percent of the annual butterfish cap allocation has measures. The FRFA describes the Description of Projected Reporting, been taken, under the status quo economic impact that this final rule, Recordkeeping, and Other Compliance allocation, the longfin squid fishery along with other non-preferred Requirements would not be opened at the start of alternatives, will have on small entities. Trimester III on September 1, 2012. The The FRFA incorporates the economic There are no new reporting or increased butterfish mortality cap impacts and analysis summaries in the recordkeeping requirements contained implemented through the final 2012 IRFA, a summary of the significant in any of the alternatives considered for butterfish specifications will allow for issues raised by the public in response this action. In addition, there are no the longfin squid fishery to operate to the IRFA, and NMFS’s responses to Federal rules that duplicate, overlap, or during Trimester III. Longfin squid those comments. A copy of the IRFA, conflict with this final rule. migrate throughout their range and have the RIR, and the EA are available upon sporadic availability. The fleet is quick request (see ADDRESSES). to target longfin squid aggregations when they do appear, and is capable of Statement of Need for This Action landing over 550 mt in a single week. Analysis of this year’s fishing activity This action implements 2012 indicates that longfin squid was specifications for butterfish and adjusts particularly abundant this spring and the gear requirements for the butterfish summer, and historical availability fishery. A complete description of the patterns suggest that longfin squid reasons why this action is being abundance could still be high in the considered, and the objectives of and early fall. Only 7,761 mt of the 22,220 legal basis for this action, are contained mt longfin squid quota has been in the preamble to the proposed and harvested this year, meaning that well final rules and are not repeated here.

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Description of the Steps the Agency Has butterfish mortality cap (compared to implemented in the interim final Taken to Minimize the Significant 31.7 percent allocated at the start of the butterfish specifications. Economic Impacts on Small Entities fishing year) was available for the There were two alternatives regarding Consistent With the Stated Objectives of longfin squid fishery for the duration of the adjustment to the butterfish gear Applicable Statutes, Including a the fishing year. The status quo requirement. The status quo alternative Statement of the Factual, Policy, and butterfish mortality cap was requires vessels possessing 1,000 lb Legal Reasons for Selecting the implemented in the interim final (0.45 mt) or more of butterfish to fish Alternative Adopted in the Final Rule butterfish specifications during with a 3-inch (76-mm) minimum and Why Each One of the Other Trimester I of the 2012 fishing year, and codend mesh. The selected alternative Significant Alternatives to the Rule did result in a closure of the longfin (3-inch (76-mm) mesh to possess 2,000 Considered by the Agency Which Affect squid fishery. In addition, at the time of lb (0.9 mt)) could create some additional the Impact on Small Entities Was publication of this action, the butterfish revenue in the form of butterfish Rejected cap has already exceeded the Trimester landings for vessels using mesh sizes Actions Implemented With the Final III closure threshold, meaning that the smaller than 3 inches (76 mm). Rule lower status quo cap would not allow the longfin squid fishery to reopen List of Subjects in 50 CFR Part 648 The butterfish DAH specified in this during Trimester III. Given that the Fisheries, Fishing, Recordkeeping and action (1,072 mt) represents a 114- lower cap constrained the longfin squid reporting requirements. percent increase over the 2011 DAH fishery in 2012, it is reasonable to Dated: August 21, 2012. (500 mt). Though there has not been a expect that the proposed increase to the directed butterfish fishery in recent cap may provide for additional fishing Alan D. Risenhoover, years due to market conditions, the opportunities for the longfin squid Director, Office of Sustainable Fisheries, butterfish DAH was exceeded during the fishery between the implementation of performing the functions and duties of the Deputy Assistant Administrator for 2010 and 2011 fishing years. The this rule and the end of the 2012 fishing increase in the DAH has the potential to Regulatory Programs, National Marine year on December 31, 2012. For that Fisheries Service. increase revenue for permitted vessels. reason, additional revenue losses are not The adjustment to the gear For the reasons set out in the expected as a result of this proposed requirement for the butterfish fishery, preamble, 50 CFR part 648 is amended action. which requires vessels possessing 2,000 as follows: lb (0.9 mt) or more of butterfish to fish Alternatives to the Actions in the Final with a 3-inch (76-mm) minimum Rule for Butterfish PART 648—FISHERIES OF THE codend mesh, is expected to result in a NORTHEASTERN UNITED STATES modest increase in revenue for fishery There were six alternatives to the participants. This adjustment will preferred action for butterfish that were ■ 1. The authority citation for part 648 enable additional retention of butterfish not selected. The first (status quo) and continues to read as follows: second non-selected alternatives were by vessels using small-mesh fishing Authority: 16 U.S.C. 1801 et seq. gear. Previously, the mesh size based on the specifications structure ■ 2. In § 648.23, paragraph (a)(1) is requirement applied to vessels that existed prior to the implementation revised to read as follows: possessing 1,000 lb (0.45 mt) or more of of the Omnibus Amendment, and were butterfish. not selected because they no longer § 648.23 Mackerel, squid, and butterfish As discussed in the FRFA for MSB comply with the MSB FMP. The third gear restrictions. Amendment 10 (75 FR 11441; March 11, alternative (least restrictive) would have (a) * * * 2010), the butterfish mortality cap may set the ABC and ACL at 4,528 mt, the potentially economically impact fishery ACT at 4,075 mt, the DAH and DAP at (1) Butterfish fishery. Owners or participants. The longfin squid fishery 1,358 mt, and the butterfish mortality operators of otter trawl vessels closes during Trimesters I and III if the cap at 3,056 mt. The fourth alternative possessing 2,000 lb (0.9 mt) or more of butterfish mortality cap is reached. If would have set the ABC and ACL at butterfish harvested in or from the EEZ the longfin squid fishery is closed in 2,717 mt, the ACT at 2,445 mt, the DAH may only fish with nets having a response to butterfish catch before the and DAP at 815 mt, and the butterfish minimum codend mesh of 3 inches (76 entire longfin squid quota is harvested, mortality cap at 1,834 mt. These two mm) diamond mesh, inside stretch then the fishery may lose revenue. The alternatives were not selected because measure, applied throughout the codend potential for longfin squid revenue loss they were all inconsistent with the ABC for at least 100 continuous meshes depends upon the size of the butterfish recommended by the SSC. The fifth forward of the terminus of the net, or for mortality cap. The 2012 butterfish non-selected alternative would have set codends with less than 100 meshes, the mortality cap of 2,445 mt specified in ABC and ACL at 1,811 mt, the ACT at minimum mesh size codend shall be a this action represents a 70-percent 1,630 mt, the DAH and DAP at 543 mt, minimum of one-third of the net, increase over status quo (1,436 mt). The and the butterfish mortality cap at 1,222 measured from the terminus of the 2011 butterfish mortality cap did not mt. This alternative was not selected codend to the headrope. result in a closure of the longfin squid because it is inconsistent with status * * * * * fishery in Trimester I. At the start of quo. The sixth alternative was the [FR Doc. 2012–21060 Filed 8–24–12; 8:45 am] Trimester III, over 55 percent of the modified status quo alternative that was BILLING CODE 3510–22–P

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Reader Aids Federal Register Vol. 77, No. 166 Monday, August 27, 2012

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. Ch. II ...... 47328 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 429...... 49064, 49739 The United States Government Manual 741–6000 Proclamations: 430 ...... 48108, 49064, 49739 8844...... 45477 Ch. III ...... 47328 Other Services 8845...... 45895 Ch. X...... 47328 Electronic and on-line services (voice) 741–6020 8846...... 47763 Privacy Act Compilation 741–6064 8847...... 47765 12 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 234...... 45907 TTY for the deaf-and-hard-of-hearing 741–6086 13621...... 45471 235...... 46258 13622...... 45897 1005...... 50244 ELECTRONIC RESEARCH 13623...... 49345 1072...... 46606 World Wide Web Administrative Orders: Proposed Rules: Full text of the daily Federal Register, CFR and other publications Presidential 1002...... 50390 is located at: www.fdsys.gov. Determinations: 1005...... 50404 Federal Register information and research tools, including Public No. 2012–13 of August 1024...... 49090, 51116 Inspection List, indexes, and links to GPO Access are located at: 10, 2012 ...... 50557 1026...... 49090, 51116 www.ofr.gov. Notices: Notice of July 17, 2012 E-mail 13 CFR (Correction) ...... 45469 Ch. 1...... 46806, 46855 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of August 15, 121...... 49991 an open e-mail service that provides subscribers with a digital 2012 ...... 49699 form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and 5 CFR 14 CFR PDF links to the full text of each document. 7501...... 46601 21...... 45921 To join or leave, go to http://listserv.access.gpo.gov and select 27...... 48058, 50576 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 29...... 50576 Ch. XXII ...... 47328 (or change settings); then follow the instructions. 39 ...... 46929, 46932, 46935, PENS (Public Law Electronic Notification Service) is an e-mail 6 CFR 46937, 46940, 46943, 46946, service that notifies subscribers of recently enacted laws. 47267, 47273, 47275, 47277, 5...... 40000, 47767 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 48419, 48420, 48423, 48425, and select Join or leave the list (or change settings); then follow 7 CFR 48427, 49702, 49705, 49708, the instructions. 49710, 50371, 50577, 50582, FEDREGTOC-L and PENS are mailing lists only. We cannot 6...... 51681 51459, 51462, 51695 respond to specific inquiries. 59...... 50561 71 ...... 46282, 46283, 46284, 205...... 45903 Reference questions. Send questions and comments about the 48060, 49712, 49719, 49720, 253...... 50903 Federal Register system to: [email protected] 50907, 51464 272...... 48045 The Federal Register staff cannot interpret specific documents or 95...... 50909 273...... 48045 regulations. 97 ...... 45922, 45925, 50012, 782...... 51459 Reminders. Effective January 1, 2009, the Reminders, including 50014 932...... 51684 Rules Going Into Effect and Comments Due Next Week, no longer 400...... 50584 999...... 51686 appear in the Reader Aids section of the Federal Register. This Proposed Rules: 1033...... 51693 information can be found online at http://www.regulations.gov. 39 ...... 45513, 45518, 45979, CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 45981, 46340, 46343, 47329, 278...... 48461 longer appears in the Federal Register. This information can be 47330, 47563, 47568, 47570, 279...... 48461 found online at http://bookstore.gpo.gov/. 48110, 48469, 48473, 49386, 319...... 46339 49389, 49394, 49396, 50054, FEDERAL REGISTER PAGES AND DATE, AUGUST 8 CFR 50407, 50411, 50414, 50644, 50954, 51717, 51720, 51722, 45469–45894...... 1 50561–50902...... 22 Proposed Rules: 51724, 51729 45895–46256...... 2 50903–51458...... 23 235...... 47558 43...... 49740 46257–46600...... 3 71 ...... 45983, 45984, 45985, 51459–51680...... 24 10 CFR 46601–46928...... 6 51681–51866...... 27 45987, 48476, 49399, 49400, 46929–47266...... 7 2...... 46562 50417, 50419, 50646, 50647, 47267–47510...... 8 11...... 46257 50648, 50656 47511–47766...... 9 12...... 46562 91...... 49740, 50420 47767–48044...... 10 25...... 46257 97...... 50420 48045–48418...... 13 51...... 46562 121...... 50420 48419–48854...... 14 54...... 46562 125...... 50420 48855–49344...... 15 61...... 46562 129...... 50420 49345–49700...... 16 430...... 49701 135...... 50420 49701–49990...... 17 431...... 49701 145...... 49740 49991–50370...... 20 Proposed Rules: 400...... 50956 50371–50560...... 21 61...... 48107 401...... 50956

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15 CFR 28 CFR 39 CFR 41 CFR 774 ...... 45927, 46948, 48429 0...... 51698 20...... 50932 Proposed Rules: 801...... 49721 241...... 46950 102–37...... 50447 29 CFR Proposed Rules: 40 CFR 90...... 47783 1614...... 51469 44 CFR 922...... 46985 1910...... 46948 1...... 46289 64...... 46968 1400...... 46346 1926...... 46948, 49722 9...... 46289, 48858 65...... 50626 2700...... 48429 49...... 48878, 51620 67 ...... 46972, 46980, 49360, 16 CFR 2701...... 48429 52 ...... 45492, 45949, 45954, 49367, 49373, 49379 310...... 51697 2702...... 48429 45956, 45958, 45962, 45965, Proposed Rules: 2704...... 48429 46952, 46960, 46961, 47530, Proposed Rules: 67 ...... 46994, 50665, 50667, 2705...... 48429 47533, 47535, 47536, 48061, 23...... 50056 50668, 51743, 51744, 51745 2706...... 48429 48062, 50021, 50033, 50378, Ch. II ...... 51731 4022...... 48855 50595, 50602, 50608, 50611, 45 CFR 312...... 46643 50936 801...... 50057 Proposed Rules: 162...... 48008 1...... 47787 60...... 48433, 49490 Proposed Rules: 17 CFR 1926...... 49741 63...... 45967, 49490 1606...... 46995 81 ...... 46295, 48062, 50033 1...... 48208 30 CFR 1618...... 46995 82...... 47768 1623...... 46995 43...... 48060 250...... 50856 85...... 51701 230...... 48208 Proposed Rules: 86...... 51701 46 CFR 240...... 48208, 50016 935...... 46346 98...... 48072, 51477 2...... 47544 241...... 48208 131...... 46298 Proposed Rules: 32 CFR 150...... 46289 Proposed Rules: 401...... 45539, 47582 39...... 50425 Proposed Rules: 164...... 46289 50...... 47170 323...... 46653 174...... 47287 47 CFR 178...... 46289 18 CFR 33 CFR 179...... 46289 0...... 48090 Proposed Rules: 100 ...... 46285, 47279, 47519, 180 ...... 45495, 45498, 46304, 1...... 46307, 50628 35...... 46986 47520, 47522, 50373 46306, 47291, 47296, 47539, 15...... 48097 110...... 50914 48899, 48902, 48907, 49732, 25...... 50049, 50628 19 CFR 117 ...... 46285, 46286, 47282, 50613, 50617 51...... 48448 12...... 45479 47524, 47525, 50016, 50017, 268...... 50622 54...... 48453 50376, 51470, 51699, 51700 271...... 47302, 47779 73 ...... 46631, 50053, 50630 Proposed Rules: 79...... 46632, 48102 12...... 48918 165 ...... 45488, 45490, 46285, 272...... 46964 90...... 45503 163...... 48918 46287, 46613, 47282, 47284, 300 ...... 45968, 50038, 50044 178...... 48918 47525, 48431, 48856, 49349, 600...... 51701 Proposed Rules: Ch. II ...... 47572 49351, 49730, 50017, 50018, 700...... 46289 1...... 49749 351...... 50963 50019, 50373, 50593, 50916, 712...... 46289 2...... 45558 50919, 50921, 50923, 50926, 716...... 46289 73...... 50071 21 CFR 50929, 51471, 51473, 51475 720...... 46289 76...... 50071 90...... 45558 16...... 50372 Proposed Rules: 721...... 48858 723...... 46289 20...... 50589 110...... 45988 48 CFR 118...... 50372 165 ...... 50062, 50065, 50444 725...... 46289 761...... 46289 3001...... 50631 500...... 50591 117 ...... 47787, 47789, 47792 763...... 46289 3002...... 50631 510...... 46612, 47511 161...... 45911 766...... 46289 3003...... 50631 520...... 47511 165 ...... 45911, 46349, 47331, 795...... 46289 3004...... 50631 522...... 46612 47334, 49401 796...... 46289 3005...... 50631 524...... 46612, 47511 34 CFR 799...... 46289 3006...... 50631 807...... 45927 Ch. III...... 45991, 47496 1033...... 51701 3012...... 50631 Proposed Rules: 1036...... 51701 3018...... 50631 Ch. I ...... 48491 Proposed Rules: Ch. III ...... 46658 1037...... 51701 3022...... 50631 24 CFR 1039...... 51701 3023...... 50631 36 CFR 1065...... 51701 3033...... 50631 25...... 51465 Proposed Rules: 1066...... 51701 3035...... 50631 30...... 51465 7...... 51733 1068...... 51701 3036...... 50631 201...... 51465 218...... 47337 Proposed Rules: 3042...... 50631 202...... 51465 1192...... 50068 49...... 48923 3045...... 50631 203...... 51465 52 ...... 45523, 45527, 45530, 3052...... 50631 206...... 51465 37 CFR 45532, 45992, 46008, 46352, 3053...... 50631 46361, 46664, 46672, 46990, Proposed Rules: 25 CFR 1 ...... 46615, 48612, 48776, 48828, 49354 47573, 47581, 49308, 49404, 4...... 51496 502...... 47513 3...... 48612, 48776 50446, 50651, 50660, 50964, 7...... 51496 537...... 47514 5...... 46615, 48776 50966, 50969, 50973, 51739 12...... 51496 571...... 47516 6...... 47528 60...... 46371 19...... 47797 573...... 47517 10...... 46615, 48776 63...... 46371 35...... 47797 11...... 46615 152...... 47351 42...... 51496 26 CFR 41...... 46615, 48776 158...... 47351 52...... 51496 1...... 45480, 50373 42 ...... 48612, 48680, 48734, 161...... 47351 3016...... 50449 Proposed Rules: 48756 168...... 47351 3052...... 50449 1 ...... 45520, 46987, 51496 90...... 48612 180...... 45535, 50661 Ch. 10 ...... 50454 40...... 47573 271...... 47797 46...... 47573 38 CFR 272...... 46994 49 CFR 51...... 46653, 48111 Proposed Rules: 300 ...... 46009, 50069, 50070 1...... 49764 301...... 48922 3...... 47795 721...... 48924 369...... 51705

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375...... 48460, 51706 173...... 49168 563...... 48492 679 ...... 46338, 46641, 48916, 383...... 51706 175...... 49168 567...... 46677 50389 385...... 49384 176...... 49168 50 CFR Proposed Rules: 390...... 51706 178...... 49168 17 ...... 47003, 47011, 47352, 393...... 46633 190...... 48112 17 ...... 45870, 46158, 48368 47583, 47587, 48934, 49602, 395...... 46640 192...... 48112 218...... 50290 49894, 50214, 50768 193...... 48112 223...... 48108 563...... 47552 20...... 49680, 49868 195...... 48112 300...... 51709 571...... 48105, 51650 199...... 48112 622...... 50388 223...... 45571 580...... 50381 214...... 50324 635...... 47303 224...... 45571 594...... 50637 383...... 46010 640...... 50642 424...... 51503 Proposed Rules: 535...... 51499 648 ...... 48915, 51854, 51858 622...... 50672 171...... 49168 544...... 50671 660 ...... 45508, 47318, 47322, 665...... 46014 172...... 49168 580...... 50071 50952 679...... 47356

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