Vol. 78 Wednesday, No. 44 March 6, 2013 Pages 14429–14634

Vol. 78 Wednesday, No. 44 March 6, 2013

Pages 14429–14634

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 78, No. 44

Wednesday, March 6, 2013

Agriculture Department NOTICES See Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, See Rural Utilities Service Submissions, and Approvals: Annual Vocational Rehabilitation Program/Cost Report (RSA–2), 14516–14517 Animal and Plant Health Inspection Service Case Service Report (RSA–911), 14517 NOTICES Program for International Assessment of Adult Affirmation of Addition of a Treatment Schedule for Competencies National Supplement Data Collection Methyl Bromide Fumigation of Cottonseed, 14508 2013–2014, 14518–14519 Environmental Assessments; Availability, etc.: Technical Assistance to Promote Implementation of Re- Biological Control Agent for Hemlock Woolly Adelgid, Engagement Centers for Out-of-school youth, 14517– 14509–14510 14518 Field Release of Aphelinus glycinis for the Biological Control of the Soybean Aphid in the Continental Energy Department U.S., 14508–14509 See Energy Efficiency and Renewable Energy Office Guidelines for Pest Risk Assessments of Imported Fruits See Energy Information Administration and Vegetables; Availability, 14510 See Federal Energy Regulatory Commission Treatment Evaluation Documents and Environmental PROPOSED RULES Assessments: Energy Conservation Program: Pesticide Use in the Imported Fire Ant Program, 14510– Availability of Preliminary Technical Support Document 14511 for General Service Fluorescent Lamps and Incandescent Reflector Lamps, 14467 Centers for Disease Control and Prevention Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14553–14555 Submissions, and Approvals, 14519–14520 Centers for Medicare & Medicaid Services Energy Information Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14555–14556 Submissions, and Approvals, 14520–14527

Children and Families Administration Environmental Protection Agency RULES NOTICES Agency Information Collection Activities; Proposals, Analysis and Sampling Procedures: Guidelines Establishing Test Procedures for the Analysis Submissions, and Approvals, 14556 of Pollutants under the Clean Water Act, 14457– 14461 Coast Guard Implementation Plans; Approvals and Promulgations: RULES Tennessee; 110(a)(1) and (2) Infrastructure Requirements Drawbridge Operations: for the 2008 8-Hour Ozone National Ambient Air Cheesequake Creek, Morgan, NJ, 14446–14447 Quality Standards, 14450–14457 Lake Champlain, Swanton, VT, 14444–14446 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines: Commerce Department New Source Performance Standards for Stationary See Foreign-Trade Zones Board Internal Combustion Engines, 14457 See International Trade Administration Pesticide Tolerances: See National Oceanic and Atmospheric Administration Fenpyrazamine, 14461–14465 See Patent and Trademark Office PROPOSED RULES Pesticide Tolerances: Tetrachlorvinphos, 14487–14490 Defense Department NOTICES See Navy Department EMFAC2011; Motor Vehicle Emission Factor Model for Use in California, 14533–14536 Education Department Meetings: PROPOSED RULES Chartered Science Advisory Board; Public Proposed Priorities: Teleconference, 14536–14537 Rehabilitation Research and Training Center, 14483– Clean Air Scientific Advisory Committee; Public 14487 Teleconference, 14538 Rehabilitation Research and Training Center on Research SFIREG Full Committee, 14537 and Capacity Building for Minority Entities, 14480– Pesticide Products: 14483 Applications to Register New Uses, 14539–14540

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Registration Reviews: Transfers of Exemptions: Chlorpyrifos; Preliminary Evaluation of the Potential Risk French River Land Co.; Northwoods Renewables LLC, from Volatilization, 14540 14531 Registration Reviews; Draft Human Health and Ecological webRegistry Code; Availability of e-Tag Information to Risk Assessments: Commission Staff, 14531–14532 Cyromazine, Silica Silicates, Glufosinate Ammonium, Workshops: Dioctyl Sodium Sulfosuccinate and Undecylenic Small Generator Interconnection Agreements and Acid, 14540–14543 Procedures, 14532 Settlements: Ward Transformer Superfund Site, Raleigh, Wake County, Federal Maritime Commission NC, 14543–14544 NOTICES Agreements Filed, 14546 Executive Office of the President Complaints and Assignments: See Presidential Documents Seagull Maritime Agencies Private Ltd. v. Gren Automotive, Inc., Centrus Automotive Distributors Export-Import Bank Inc., and Liu Shao, Individually, 14546–14547 NOTICES Agency Information Collection Activities; Proposals, Federal Trade Commission Submissions, and Approvals: NOTICES Application for Special Buyer Credit Limit under Multi- Consent Agreements: Buyer Export Credit Insurance Policy, 14544 Praxedes E. Alverez Santiago, M.D., Daniel Perez Meetings; Sunshine Act, 14544 Brisebois, M.D., Jorge Grillasca Palou, M.D., et al., Federal Aviation Administration 14547–14549 RULES Airworthiness Directives Federal Transit Administration Turbomeca S.A. Turboshaft Engines, 14442–14444 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Airworthiness Directives: Submissions, and Approvals, 14620 Slingsby Sailplanes Ltd. Sailplanes, 14467–14469 Circulars; Availability: The Boeing Company Airplanes, 14469–14473 Joint Development, 14620–14622 Class E Airspace; Establishment: Boca Grande, FL, 14479–14480 Fish and Wildlife Service Captiva, FL, 14474–14475 NOTICES Cleveland, TN, 14475–14477 Kelley–McDonough Low-Effect Habitat Conservation Plans; Linton, ND, 14478–14479 Availability: Pine Island, FL, 14477–14478 Morro Shoulderband Snail, Community of Los Osos, San Sanibel, FL, 14473–14474 Luis Obispo County, CA, 14587–14588

Federal Communications Commission Food and Drug Administration PROPOSED RULES NOTICES Petition for Reconsideration of Action in a Rulemaking Debarment Orders: Proceeding, 14490 Cheng Yi Liang, 14556–14557 NOTICES Guidance for Industry and Food and Drug Administration Agency Information Collection Activities; Proposals, Staff; Availability: Submissions, and Approvals, 14544–14546 Investigational Device Exemption Guidance for Retinal Prostheses, 14557–14558 Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 14565–14573 Foreign Assets Control Office Final Flood Hazard Determinations, 14576–14578 NOTICES Proposed Flood Hazard Determinations, 14578–14585 Blocking or Unblocking or Persons or Property: Designation of 1 Individual as Person Who Commits, Federal Energy Regulatory Commission Threatens to Commit, or Supports Terrorism, 14622– NOTICES 14623 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14527–14528 Foreign-Trade Zones Board Applications for Transfers of Licenses: NOTICES Mayo Hydropower, LLC; Avalon Hydropower, LLC, Approvals of Additional Subzone Sites: 14528–14529 Foreign-Trade Subzone 196A, TTI, Inc.. Foreign-Trade Combined Filings, 14529–14530 Zone 196, Fort Worth, TX, 14512 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: General Services Administration ATO Power, Inc., 14530–14531 NOTICES Proceedings: Agency Information Collection Activities; Proposals, Louisville Gas and Electric Co., 14531 Submissions, and Approvals: Requests under Blanket Authorizations: National Contact Center Customer Evaluation Survey, ANR Storage Co., 14531 14549–14550

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Government Ethics Office Diabetes Mellitus Interagency Coordinating Committee, RULES 14561 Government Employees Serving in Official Capacity in Eunice Kennedy Shriver National Institute of Child Nonprofit Organizations: Health and Human Development, 14559–14563 Sector Unit Investment Trusts, 14437–14442 National Heart, Lung, and Blood Institute, 14563 National Institute of Environmental Health Sciences, Health and Human Services Department 14562 See Centers for Disease Control and Prevention National Institute on Drug Abuse, 14561–14563 See Centers for Medicare & Medicaid Services See Children and Families Administration National Oceanic and Atmospheric Administration See Food and Drug Administration RULES See National Institutes of Health Fisheries of the Exclusive Economic Zone Off Alaska: See Substance Abuse and Mental Health Services Pollock in West Yakutat District of Gulf of Alaska, Administration 14465–14466 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Fishery Management Plan of Puerto Rico and the U.S. Submissions, and Approvals, 14550–14552 Virgin Islands: Amendment 4 to Corals and Reef Associated Plants and Homeland Security Department Invertebrates; Seagrass Management, 14503–14507 See Coast Guard Gulf of Alaska Fishery Management Plan: See Federal Emergency Management Agency Amendment 94 and Amendments for Community Quota See U.S. Citizenship and Immigration Services Entities, 14490–14502 NOTICES Interior Department Atlantic Highly Migratory Species: See Fish and Wildlife Service Atlantic Shark Management Measures; 2012 Research See National Park Service Fishery, 14515

International Trade Administration National Park Service NOTICES RULES Antidumping Duty Administrative Reviews; Results, Special Regulations: Extensions, Amendments, etc.: Areas of National Park System, Chattahoochee River Certain Polyester Staple Fiber from People’s Republic of National Recreation Area, Bicycle Routes, 14447– China, 14512–14514 14450 Antidumping Duty Orders; Results, Extensions, NOTICES Amendments, etc.: Meetings: Certain Tissue Paper Products from the People’s Republic Alaska Region Subsistence Resource Commission of China, 14514–14515 Program for Calendar Year 2013, 14589–14590 Cape Cod National Seashore Advisory Commission, International Trade Commission 14588–14589 NOTICES Gettysburg National Military Park Advisory Commission, Advice Concerning Possible Modifications to U.S. 14589 Generalized System of Preferences, 2012 Review: National Science Foundation Additions and Competitive Need Limitation Waivers, NOTICES 14590–14591 Meetings; Sunshine Act, 14593 Investigations; Terminations, Modifications, Rulings, etc.: Persulfates from China; Correction, 14591 Navy Department NOTICES Justice Department Government-Owned Inventions Available for Licensing, NOTICES 14516 Proposed Consent Decrees under Clean Air Act, 14591 Proposed Consent Decrees under the Clean Air Act, 14591– Nuclear Regulatory Commission 14592 NOTICES Meetings: Labor Department Advisory Committee on Medical Uses of Isotopes, 14593– See Mine Safety and Health Administration 14594 Mine Safety and Health Administration Patent and Trademark Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Patent Small Claims Proceedings in United States: Submissions, and Approvals: Comment Period Extension, 14515–14516 Emergency Mine Evacuation, 14592–14593 Presidential Documents National Institutes of Health PROCLAMATIONS NOTICES Special Observances: Agency Information Collection Activities; Proposals, 100th Anniversary of the U.S. Department of Labor (Proc. Submissions, and Approvals, 14558–14559 8939), 14631–14632 Meetings: 10th Anniversary of the U.S. Department of Homeland Center for Scientific Review, 14560 Security (Proc. 8938), 14629–14630

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American Red Cross Month (Proc. 8933), 14429–14430 Transportation Department Irish-American Heritage Month (Proc. 8934), 14431– See Federal Aviation Administration 14432 See Federal Transit Administration National Consumer Protection Week (Proc. 8937), 14625– See Surface Transportation Board 14628 NOTICES Read Across America Day (Proc. 8936), 14435–14436 Applications for Certificates of Public Convenience and Women’s History Month (Proc. 8935), 14433–14434 Necessity and Foreign Air Carrier Permits, 14619– ADMINISTRATIVE ORDERS 14620 Government Agencies and Employees: Balanced Budget and Emergency Deficit Control Act; Sequestration Order for FY 2013 (Order of March 1, Treasury Department 2013), 14633 See Foreign Assets Control Office Rural Utilities Service NOTICES U.S. Citizenship and Immigration Services Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 14511–14512 Agency Information Collection Activities; Proposals, Submissions, and Approvals Securities and Exchange Commission NOTICES Application for Advance Permission to Enter as Applications: Nonimmigrant, 14585–14586 Forward Funds, et al., 14594–14597 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals: Miami International Securities Exchange LLC, 14617– Application for Civil Surgeon Designation Registration, 14619 14586–14587 NASDAQ OMX PHLX LLC, 14597–14600 NYSE Arca, Inc., 14600–14617

State Department Separate Parts In This Issue NOTICES Culturally Significant Objects Imported for Exhibition: Overdrive, L.A. Constructs the Future, 1940–1990, 14619 Part II Sicily, Art and Invention Between Greece and Rome; Presidential Documents, 14625–14633 Correction, 14619 Substance Abuse and Mental Health Services Administration Reader Aids Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Agency Information Collection Activities; Proposals, and notice of recently enacted public laws. Submissions, and Approvals, 14564–14565 To subscribe to the Federal Register Table of Contents Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Abandonment Exemptions: archives, FEDREGTOC-L, Join or leave the list (or change BNSF Railway Co., Cook County, IL, 14622 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8933...... 14429 8934...... 14431 8935...... 14433 8936...... 14435 8937...... 14627 8938...... 14629 8939...... 14631 Administrative Orders: Order of March 1, 2013 ...... 14633 5 CFR 2640...... 14437 10 CFR Proposed Rules: 430...... 14467 14 CFR 39...... 14442 Proposed Rules: 39 (2 documents) ...... 14467, 14469 71 (6 documents) ...... 14473, 14474, 14475, 14477, 14478, 14479 33 CFR 117 (2 documents) ...... 14444, 14446 34 CFR Proposed Rules: Chapter III (2 documents) ...... 14480, 14483 36 CFR 7...... 14447 40 CFR 52...... 14450 60...... 14457 63...... 14457 136...... 14457 180...... 14461 Proposed Rules: 180...... 14487 47 CFR Proposed Rules: 73...... 14490 50 CFR 679...... 14465 Proposed Rules: 300...... 14490 622...... 14503 679...... 14490

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Federal Register Presidential Documents Vol. 78, No. 44

Wednesday, March 6, 2013

Title 3— Proclamation 8933 of February 28, 2013

The President American Red Cross Month, 2013

By the President of the United States of America

A Proclamation Since our Nation’s founding, seasons of trial and bitter hardship have re- vealed a core belief we share as Americans: that when we see our neighbors in need, we will always stand united in helping them get back on their feet. This month, we honor men and women who deliver relief to communities around the world, and we renew the compassionate spirit that continues to keep our country strong and our people safe. The American Red Cross has proudly upheld a commitment to service that spans generations. Witness to the scars left by civil war, Clara Barton founded the organization in 1881 as a way to lift up the suffering—from warriors wounded in the line of duty to families displaced by damaging storms. In the years since, countless service and relief organizations have joined the American Red Cross in realizing that noble vision. We saw the depth of their dedication just 4 months ago, when the sweeping devastation of Hurricane Sandy put millions of Americans in harm’s way. In darkness and danger, thousands of professionals and volunteers stepped up to serve. They secured supplies and shelter when our people needed them most. And when times were tough, they proved that America is tougher because we all pull together. That sense of resolve has seen our Nation through our greatest challenges, and the conviction that we are our brothers’ and sisters’ keepers will always remain at the heart of who we are as a people. As we reflect on the ties that bind us together, let us pay tribute to humanitarian organizations working here at home and around the world, and let us rededicate ourselves to service in the months ahead. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America and Honorary Chairman of the American Red Cross, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2013 as American Red Cross Month. I encourage all Americans to observe this month with appropriate programs, ceremonies, and activities, and by supporting the work of service and relief organizations.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of February, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–05290 Filed 3–5–13; 8:45 am] Billing code 3295–F3

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Proclamation 8934 of February 28, 2013

Irish-American Heritage Month, 2013

By the President of the United States of America

A Proclamation For more than two centuries, America has been made and remade by striving, hopeful immigrants looking for a chance to pursue their dreams. Millions among them were born in Ireland, separated from our shores but united by their belief in a better day. This month, we celebrate the Irish-American journey, and we reflect on the ways a nation so small has inspired so much in another. Generations of Irish left the land of their forebears to cast their fortunes with a young Republic. Escaping the blight of famine or the burden of circumstance, many found hardship even here. They endured prejudice and stinging ridicule. But through it all, these new citizens never gave up on one of our oldest ideas: that anyone from anywhere can write the next great chapter in the American story. So they raised families and built communities, earned a living and sent their kids to school. In time, what it meant to be Irish helped define what it means to be American. And as they did their part to make this country stronger, Irish Americans shared in its success, retaining the best of their heritage and passing it down to their children. That familiar story has been lived and cherished by Americans from all backgrounds, and it reaffirms our identity as a Nation of immigrants from all around the world. So as we celebrate Irish-American Heritage Month, let us retell those stories of sweat and striving. And as two nations united by people and principle, may America and Ireland always continue to move forward together in common purpose. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2013 as Irish-American Heritage Month. I call upon all Americans to observe this month with appropriate ceremonies, activities, and programs.

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[FR Doc. 2013–05293 Filed 3–5–13; 8:45 am] Billing code 3295–F3

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Proclamation 8935 of February 28, 2013 Women’s History Month, 2013

By the President of the United States of America

A Proclamation For more than two centuries, our Nation has grown under the simple creed that each of us is created equal. It is a notion that makes America unlike any other place on earth—a country where no matter where you come from or what you look like, you can go as far as your talents will take you. Women’s History Month is a time to remember those who fought to make that freedom as real for our daughters as for our sons. Written out of the promise of the franchise, they were women who reached up to close the gap between what America was and what it could be. They were driven by a faith that our Union could extend true equality to every citizen willing to claim it. Year after year, visionary women met and marched and mobilized to prove what should have been self-evident. They grew a meeting at Seneca Falls into a movement that touched every community and took on our highest institutions. And after decades of slow, steady, extraordinary progress, women have written equal opportunity into the law again and again, giving generations of girls a future worthy of their potential. That legacy of change is all around us. Women are nearly half of our Nation’s workforce and more than half of our college graduates. But even now, too many women feel the weight of discrimination on their shoulders. They face a pay gap at work, or higher premiums for health insurance, or inadequate options for family leave. These issues affect all of us, and failing to address them holds our country back. That is why my Administration has made the needs of women and girls a priority since day one—from signing the Lilly Ledbetter Fair Pay Act to helping ensure women are represented among tomorrow’s top scientists and engineers. It is why we secured stronger protections and more preventive services for women under the Affordable Care Act. It is why we have fought for greater workplace flexibility, access to capital and training for women-owned businesses, and equal pay for equal work. And it is why we have taken action to reduce violence against women at home and abroad, and to empower women around the world with full political and economic opportunity. Meeting those challenges will not be easy. But our history shows that when we couple grit and ingenuity with our basic beliefs, there is no barrier we cannot overcome. We can stay true to our founding creed that in America, all things should be possible for all people. That spirit is what called our mothers and grandmothers to fight for a world where no wall or ceiling could keep their daughters from their dreams. And today, as we take on the defining issues of our time, America looks to the next generation of movers and marchers to lead the way. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2013 as Women’s History Month. I call upon all Americans to observe this month and to celebrate International Women’s Day on March 8, 2013, with appropriate programs, ceremonies, and activities. I also invite all Americans to

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visit www.WomensHistoryMonth.gov to learn more about the generations of women who have shaped our history. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of February, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–05296 Filed 3–5–13; 8:45 am] Billing code 3295–F3

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Proclamation 8936 of February 28, 2013

Read Across America Day, 2013

By the President of the United States of America

A Proclamation Today, people of all ages will mark Read Across America Day by celebrating stories that have shaped us. We take this opportunity to reflect on the transformative power of the written word and lift up literacy as a key to success in the 21st century. We also take time to remember Theodor Seuss Geisel—better known as Dr. Seuss—whose works of humor and heart remind us that it is never too early to kindle a passion for reading. Books open the window to worlds of imagination, and the lessons they teach form the bedrock for a lifetime of learning. By encouraging reading at home and in school, parents, care- givers, and educators help set our children on the path to years of fulfillment and possibility. American progress depends on what we do for our students, so all of us must strive to empower the next generation with the tools they need to build a brighter future. Great written works resonate with us. They challenge us. They reveal new insights about ourselves and the world we share. Today, as we celebrate the ways reading has enriched our lives, let us recommit to giving our sons and daughters the fullest opportunity to find inspiration on the printed page. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 1, 2013, as Read Across America Day. I call upon children, families, educators, librarians, public officials, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities.

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[FR Doc. 2013–05299 Filed 3–5–13; 8:45 am] Billing code 3295–F3

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Rules and Regulations Federal Register Vol. 78, No. 44

Wednesday, March 6, 2013

This section of the FEDERAL REGISTER financial interest, if the particular II. Analysis of Rule Amendments, contains regulatory documents having general matter would have a direct and Comments and Revisions applicability and legal effect, most of which predictable effect on that interest. A. Sector Unit Investment Trusts are keyed to and codified in the Code of Section 208(b)(2) of title 18 permits the Federal Regulations, which is published under 1. Background 50 titles pursuant to 44 U.S.C. 1510. Office of Government Ethics (OGE) to promulgate regulations describing Among the regulatory exemptions The Code of Federal Regulations is sold by financial interests that are too remote or currently found in subpart B of part the Superintendent of Documents. Prices of inconsequential to warrant 2640 are several that exempt certain new books are listed in the first FEDERAL disqualification pursuant to section financial interests in mutual funds and REGISTER issue of each week. 208(a). OGE’s regulations exempting unit investment trusts. The Office of various financial interests are codified Government Ethics has promulgated at 5 CFR part 2640, subpart B. exemptions for interests in the holdings OFFICE OF GOVERNMENT ETHICS of diversified mutual funds and On May 3, 2011, OGE published a set 5 CFR Part 2640 diversified unit investment trusts (5 of proposed amendments to these CFR 2640.201(a)), in the non-sector RIN 3209–AA09 regulations, proposing to add one new holdings of sector mutual funds (5 CFR exemption and to revise an existing 2640.201(b)(1)), and in the sector Government Employees Serving in exemption. See 76 FR 24816–24820. holdings of sector mutual funds when Official Capacity in Nonprofit Specifically, OGE proposed to add a the aggregate market value of the Organizations; Sector Unit Investment new exemption, 5 CFR 2640.203(m), employee’s interest in the sector fund or Trusts that would exempt the imputed funds does not exceed $50,000 (5 CFR financial interests of nonprofit 2640.201(b)(2)). Most recently, the AGENCY: Office of Government Ethics organizations in which employees serve (OGE). Office of Government Ethics has as officers, directors or trustees in their promulgated one for interests in mutual ACTION: Final rule. official capacity. OGE concluded that funds and unit investment trusts other SUMMARY: The Office of Government such financial interests are too remote than interests arising from the holdings Ethics is issuing this final rule to amend or inconsequential to affect the integrity of such vehicles (5 CFR 2640.201(d)). the regulation that describes financial of employees’ services, as explained This exemption is limited to particular interests that are exempt from the more fully below. OGE also proposed a matters of general applicability, as prohibition in 18 U.S.C. 208(a). These revision to the existing exemption, at 5 defined in 5 CFR 2640.102(m). final rule amendments would revise the CFR 2640.201(b), that would clarify that In promulgating these exemptions, the existing regulatory exemptions by: the exemption for the holdings of a Office of Government Ethics recognized Creating a new exemption that permits sector mutual fund was intended to that pooled investment vehicles such as mutual funds and unit investment trusts Government employees to participate in apply to the holdings of a sector unit generally pose fewer concerns that the particular matters affecting the financial investment trust. The proposed rule financial interests will affect the interests of nonprofit organizations in provided a 60-day comment period. which they serve in an official capacity integrity of the services of Government The Office of Government Ethics as officer, director or trustee, employees. The Office of Government received 64 written comments on the notwithstanding the employees’ Ethics has noted that usually ‘‘only a proposed rule. The majority of imputed financial interest under 18 limited portion of the fund’s assets [are] U.S.C. 208(a); and revising the existing comments, 42, were submitted by placed in the securities of any single exemption for interests in the holdings nonprofit associations (including one issuer’’ and that ‘‘an employee’s interest of sector mutual funds to clarify that it comment that represented 32 different in any one fund is only a small portion applies to interests in the holdings of organizations and another comment that of the fund’s total assets.’’ 60 FR 47211 sector unit investment trusts. represented seven organizations). OGE (September 11, 1995) (preamble to also received comments from 16 proposed rule). DATES: Effective Date: April 5, 2013. individuals, including current and This final rule will amend the FOR FURTHER INFORMATION CONTACT: former Federal employees and other language of the exemptions for the Christopher J. Swartz, Assistant private citizens. Three executive interests in sector mutual funds to Counsel, Office of Government Ethics; agencies submitted comments, as did explicitly include the interests of sector telephone: 202–482–9300; TTY: 800– unit investment trusts. Previously the one Federal employees’ union. All 64 877–8339; FAX: 202–482–9237. regulation, 5 CFR 2640.201(b), did not comments addressed the proposed new SUPPLEMENTARY INFORMATION: include the language ‘‘sector unit exemption for official duty participation investment trusts.’’ At the time that the I. Rulemaking History in nonprofit organizations, but only one sector fund exemptions were Section 208(a) of title 18 of the United comment, from an executive agency, promulgated, the Office of Government States Code prohibits Government addressed the proposed amendment Ethics contemplated that the employees from participating in an pertaining to sector unit investment exemptions would also extend to those official capacity in particular trusts. investment vehicles organized as sector Government matters in which, to their unit investment trusts. Thus, in knowledge, they or certain other practice, the Office of Government persons specified in the statute have a Ethics has permitted executive branch

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employees to apply the exemptions for fbimem.2.htm. This conclusion was about the extent to which they were interests in sector mutual funds to premised in large part on the fact that permitted to make reference to their interests in sector unit investment officers, directors and trustees of an official position or to use official time or trusts. outside organization owe certain agency resources. See 5 CFR The Office of Government Ethics fiduciary duties to the organization 2635.702(b); 2635.704; 2635.705. While therefore proposed to specifically add a under state law, which may conflict OGE recognized that such confusion no reference to ‘‘sector unit investment with the primary duty of loyalty that all doubt could be reduced by clearer trusts’’ to 5 CFR 2640.201(b) in order to Federal employees owe to the United agency instructions concerning such clarify that the exemptions for interests States. As a consequence of this matters as excused absence and limited in the holdings of sector mutual funds interpretation, employees were no use of agency resources in support of also apply to the interests in the longer permitted to serve in their official outside professional and other holdings of sector unit investment capacity as officer, director or trustee of organizations, the fact remained that trusts. 76 FR 24818–24819. OGE also an outside nonprofit organization, sometimes considerable continuity in made a conforming amendment to the absent an individual waiver under 18 subject matter between an employee’s definition in § 2640.102(q), which U.S.C. 208(b) or specific statutory official duties and the employee’s defines both sector mutual fund and authority permitting such service.1 activities in an outside nonprofit sector unit investment trust. Following the 1996 OLC opinion, organization remained, and some agencies have continued to assign agencies believed it would be clearer to 2. Comments and Revisions employees to serve on such outside permit the latter to occur while the The Office of Government Ethics boards by granting the employees employee was on official duty, without received only one comment on the individual waivers under 18 U.S.C. the impediment of section 208.2 proposed revision to 5 CFR 2640.201(b). 208(b)(1). Other agencies declined to For all of the above reasons, the Office This comment, from an executive issue individual waivers (or did so of Government Ethics in 2006 agency, simply noted that the proposed rarely), often because of discomfort recommended to the President and revision would be a useful update to the about waiving the application of a Congress that section 208 be amended exemption. Therefore, for the reasons criminal statute. OGE fielded numerous ‘‘to specify that the financial interests of explained above, OGE is adopting as inquiries and held many meetings with an organization are not imputed to an final the language of the proposed agencies and nonprofit organizations, employee who serves as an officer or revision of § 2640.201(b) and the mostly professional and scientific director of such organization in his or conforming revision of § 2640.102(q). societies, concerning the application of her official capacity.’’ OGE, Report to section 208 to prevent official the President and to Congressional B. Official Participation in Nonprofit participation on outside boards. Many Committees on the Conflict of Interest Organizations of the agencies and nonprofit Laws Relating to Executive Branch 1. Background organizations have argued that the Employment 33 (2006) (2006 Report), application of section 208 created http://www.usoge.gov/ethics_docs/ The new exemption at 5 CFR unfortunate barriers to professional publications/reports_plans.aspx.3 In the 2640.203(m) addresses a situation that development and meaningful exchange 2006 Report, OGE recognized that it had was not generally thought to be covered between Federal and non-Federal ‘‘regulatory authority to exempt by 18 U.S.C. 208 until the mid-1990s. experts in certain professions and areas financial interests arising from official Because it is in the best interests of the of expertise. Moreover, some of the service on boards of directors,’’ but OGE Government, a number of agencies have organizations pointed out that there was opted at that time to place the issue had a longstanding practice of assigning a lack of uniformity within the before Congress first. No legislative employees to participate on the boards executive branch, owing to the changes to section 208 were enacted in of directors of certain outside nonprofit willingness of some agencies to grant response to the report, however, and organizations, when such service is waivers and the unwillingness of other OGE continued to receive expressions of deemed to further the statutory mission agencies to do so, often with respect to concern about this matter, both from and/or personnel development interests participation in the same organization. agencies and from nonprofit of the agency. These nonprofit Additionally, the Office of organizations. organizations included such entities as Government Ethics recognized the Then, on March 9, 2009, President professional associations, scientific potential for confusion in some Obama issued a Memorandum for the societies, and health information instances when employees were Heads of Executive Departments and promotion organizations. Until 1996, permitted to serve only in a private, Agencies on the topic of scientific neither the agencies involved nor the rather than official, capacity. For integrity. 74 FR 10671, 3 CFR, 2009 Office of Government Ethics viewed example, when an agency has policy Comp., p. 354. In this memorandum, the such official participation in nonprofit interests that overlap with those of the organizations as being prohibited by 18 nonprofit organization, it can be very 2 As noted in the preamble to the proposed rule, U.S.C. 208. difficult for the employee to avoid the nothing in the exemption limits the ability of an However, in 1996, the Office of Legal employee to serve as officer, director or trustee of mistaken impression that he or she is a nonprofit organization as a personal outside Counsel (OLC) at the Department of acting in an official capacity when activity, when the agency has not assigned the Justice issued an opinion concluding participating in the organization. employee to serve in an official capacity. See 76 FR that section 208 generally prohibits an Further, OGE was concerned that 24817, Note 2. Moreover, nothing in the exemption employee from serving, in an official is intended to affect the current ability of agencies employees in some cases were uncertain to assign employees to serve as official liaisons or capacity, as an officer, director or to serve in similar nonfiduciary positions that do trustee of a private nonprofit 1 In rare instances, an employee also may be able not implicate 18 U.S.C. 208. See OGE Informal organization. Memorandum of Deputy to serve pursuant to a waiver of fiduciary duties by Advisory Letter 95 x 8. Assistant Attorney General, OLC, for the organization, if such a waiver is permitted by 3 OGE was required to issue this report, in state law. See Memorandum of Deputy Assistant consultation with the Department of Justice, by General Counsel, Federal Bureau of Attorney General, OLC, to General Counsel, General section 8403(d) of the Intelligence Reform and Investigation, November 19, 1996, Services Administration, August 7, 1998, http:// Terrorism Prevention Act of 2004, Public Law 108– http://www.justice.gov/olc/ www.justice.gov/olc/gsa208fn.htm. 458 (December 17, 2004).

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President specifically requested that the that such interests are ‘‘too remote and 2640.203(m) clarifies that agencies must Office of Science and Technology Policy inconsequential to warrant satisfy themselves that they have (OSTP) provide recommendations to disqualification pursuant to section authority to assign employees to serve address, among other things, the 208.’’ Id. at 3. in such organizations in the first place; retention of staff in scientific and To address OPM’s concerns, as well the exemption does not itself constitute technical positions within the executive as the concerns raised by other agencies such authority, but simply removes the branch. In response, the Director of and outside organizations since 1996, bar of the conflict of interest law. OSTP issued a memorandum urging all and consistent with Administration Moreover, agency decisions to permit agencies to establish policies that efforts designed to ensure scientific (or not permit) official participation in promote and facilitate the professional integrity, OGE determined that it was any particular outside organization will development of Government scientists appropriate to exercise its authority be informed by numerous legal, policy, and engineers. John P. Holdren, under 18 U.S.C. 208(b)(2) to exempt the and managerial considerations, such as: Director, OSTP, ‘‘Scientific Integrity,’’ imputed financial interests of nonprofit The degree to which the activity will Memorandum for the Heads of organizations in which employees serve further the agency’s statutory mission; Executive Departments and Agencies, at as officers, directors or trustees in their the availability of agency funds and 3, December 17, 2010. The OSTP official capacity. Pursuant to the statute, other resources to support such memorandum specifically called for OGE found that such financial interests activities; the degree to which the policies to ‘‘[a]llow full participation in are too remote or inconsequential to agency is able and willing to assign professional or scholarly societies, affect the integrity of employees’ employees to serve in other, similar committees, task forces and other services, for several reasons. As organizations without appearing to explained in OGE’s 2006 Report, which specialized bodies of professional single out one organization was issued after consultation with the societies, including removing barriers unreasonably; and the demands of the Department of Justice: ‘‘OGE believes for serving as officers or on governing agency’s workload and the particular that the conflict identified by OLC boards of such societies.’’ Id. at 4 employee’s other assignments.4 Even [between the employee’s duty of loyalty (emphasis added). when an agency does permit an In response to parallel initiatives, in to the Government and the employee’s fiduciary duties to the outside employee to serve as officer, director or August of 2010, the Director of the trustee of a nonprofit organization, the Office of Personnel Management (OPM) organization] may be more theoretical than real, particularly because agency has discretion to limit or wrote to OGE to express several condition the official duty activity in a concerns about the application of employees assigned to serve on outside boards remain subject to important manner consistent with the needs and section 208 to employees serving in interests of the agency. This may their official capacity as officers and Federal controls, such as the authority to review and approve (or deny) the include limits on participation in directors of scientific and professional lobbying, fundraising, regulatory, organizations. Letter of John Berry, official activity in the first place, and the authority to order the individual to investigational, or representational Director, OPM, to Robert I. Cusick, activities, as determined by the agency. Director, Office of Government Ethics, limit the activity, or even resign the position, in the event of a true conflict For example, where agencies have August 16, 2010 (OPM Letter). Among granted individual waivers in the past, other things, the Director of OPM wrote: with Federal interests. In addition, an agency generally approves such under section 208(b)(1), some agencies Policies restricting Federal scientists’ and activities only where the organization’s have required employees to refrain from professionals’ involvement in professional interests are in consonance with the participating in the fundraising organizations negatively impact the agencies agency’s own interests. In an era when activities of the outside organization or employing such individuals. Restrictions act from participating in agency decisions as a barrier to employees achieving ‘public/private partnerships’ are professional stature in their respective fields, promoted as a positive way for to award grants or contracts to the which may discourage scientists and Government to achieve its objectives organization; agencies will remain free professionals from considering Federal more efficiently, ethics officials find it to impose similar limits as they deem employment. Restrictions also serve to isolate difficult to explain and justify to agency appropriate in the future.5 See OGE scientists and professionals from the full employees why a waiver is required for Memorandum DO–07–006, http:// exchange of knowledge and ideas necessary official board services that have been www.usoge.gov/ethics_guidance/ to stay current and participate fully as determined by the agency to be proper.’’ daeograms/dgr_files/2007/ members of the greater scientific community. 2006 Report at 33. In short, the potential do07006.html. In other words, nothing As a result, Federal scientists and for a real conflict of interest is too in the regulatory exemption is intended professionals are hampered in their ability to provide the best possible advice and service remote or inconsequential to affect the to interfere with the discretion of to their respective agencies. These integrity of an employee’s services agencies to assign duties and describe restrictions are particularly burdensome for under these circumstances. For the the limits of official assignments, the ‘‘research-grade’’ scientists whose above noted reasons, OGE published a including assignments that involve retention and promotion evaluations depend proposed rule on May 3, 2011, creating outside nonprofit organizations. in part on the recognition of stature by one’s an exemption for the imputed financial scientific peers. U.S. Office of Personnel interests of nonprofit organizations in 4 Even prior to the 1996 OLC opinion, some Management’s Research Grade Evaluation which employees serve as officers, agencies rarely if ever permitted employees to serve Guide, Factor 4; Contributions, Impact, and directors or trustees in their official as officers, directors or trustees of outside Stature, September, 2006; http:// capacity from the prohibition of 18 organizations in an official capacity, because of www.opm.gov/Fedclass/gsresch.pdf. fiscal, policy or managerial concerns. U.S.C. 208(a). Notwithstanding the regulatory exemption, agencies OPM Letter at 2. The Director of OPM As we noted in the preamble to the may continue to decline to assign employees to asked OGE to consider exercising its proposed rule, agencies will continue to serve in an official capacity for similar reasons. authority under 18 U.S.C. 208(b)(2) to retain discretion to impose meaningful 5 In any event, agency decisions to permit an employee to engage in official fundraising for a exempt the financial interests of controls and limits on employees nonprofit organization must take into account the organizations in which employees serve serving in nonprofit organizations. 76 requirements of 5 CFR 2635.808(b) and 5 CFR part in their official capacity, on the ground FR 24818. The Note following section 950.

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2. Comments and Revisions involvement of Federal employees in including the employee’s role on the The overwhelming majority of nonprofit organizations, in part because board, the term of service and a comments were strongly supportive of some nonprofit organizations provide description of the nonprofit the proposed new exemption, 5 CFR products and services, and the organization. The commenter believed 2640.203(m), which would exempt the participation of Federal employees may that such transparency was necessary imputed financial interests of nonprofit be taken as an endorsement that creates because some nonprofit organizations organizations in which an employee an unfair competitive advantage over may be ‘‘dominated by corporate serves, solely in an official Government for-profit businesses that offer the same members’’ or may receive ‘‘donations by capacity, as officer, director or trustee. products and services. This commenter special interests with specific policy Most of these comments agreed with recommended that any exemption goals,’’ and the participation of Federal OGE’s conclusion that the exemption should be conditioned on the employees in those organizations might would remove an unnecessary barrier to Government publishing a list of lead to those employees being approved nonprofit professional professional development for inappropriately influenced with respect organizations, which would constitute Government employees and the to agency policies. In OGE’s view, even the only permissible opportunities for achievement of other agency missions though an agency may choose to post official service. OGE does not agree that and goals. Several of the comments information about official participation the mere participation of a Federal recited instances in which the current as a good practice, this would not be an employee on the board of a nonprofit application of 18 U.S.C. 208 had led appropriate condition for a regulatory organization necessarily constitutes a employees to resign from positions or exemption issued under 18 U.S.C. general endorsement of that decline service, as well as instances in 208(b)(2). Regulatory exemptions are organization’s products and services, which there was confusion among intended to be self-executing, and but in any event, as noted above, OGE agency employees and officials of employees should be able to rely on the believes that the proposed regulatory exemptions without individual agency nonprofit organizations about what exemption appropriately recognizes the activities were permitted by different action as a condition, including discretion of agencies to use their sound disclosure of information; indeed, this is agencies, which had differing policies judgment to determine which nonprofit and practices with regard to the one of the key distinctions between an organizations provide acceptable individual waiver under 18 U.S.C. issuance of individual waivers under 18 opportunities for professional U.S.C. 208(b)(1). Some commenters also 208(b)(1) and a regulatory exemption development and the achievement of under section 208(b)(2). Compare 18 expressed the view that increased other agency objectives. Moreover, given participation in scientific and U.S.C. 208(b)(1) (employee must the large number and wide range of disclose financial interest and receive professional organizations would nonprofit organizations, as well as the enhance the quality and integrity of individual determination), with 18 significant variations among agency U.S.C. 208(b)(2) (regulation applies to government policymaking: As one missions, OGE does not believe it is environmental advocacy organization all employees or entire class of either feasible or desirable to prescribe employees). put it, such participation ‘‘will, in our a single list of approved organizations view, actually further the quality of for the entire Government. A Federal employee labor union information used in official decision- One of these individuals, as well as commented that it ‘‘strongly supports making and enhance the transparency of another individual commenter, raised the adoption’’ of the proposed that decision-making’’ while also concerns about the possibility that recommendation, but expressed ‘‘some tending to deter ‘‘political Federal employees serving in nonprofit concern with the degree of discretion manipulation’’ of scientific policies. organizations could become involved in left to agencies to decide whether to A small number of comments did inappropriate fundraising activities. As permit employee participation in their raise certain concerns about the noted above, however, any fundraising official capacity.’’ In particular, the proposed exemption. One individual by agency employees in their official union stated that employees have ‘‘a stated flatly that ‘‘no Federal employee capacity is already subject to important First Amendment right to speak on should serve on any non-profit board,’’ limits. Furthermore, the textual Note matters of public concern and the because, among other things, she following § 2640.203(m) makes clear government’s interest in censoring the believed that nonprofit organizations are that agencies retain the discretion to content of that speech, by declining to not accountable to the public, their limit assignments involving nonprofit permit employee participation, would operations are not transparent, and they organizations, and the preamble to the have to outweigh employees’ strong benefit from unwarranted advantages proposed rule explains that such limits interest in speech on such matters to the under the tax laws. This view, however, may include instructions not to engage nonprofit professional associations.’’ contradicts decades of executive branch in fundraising activities. Such The union therefore suggested that OGE policy and is inconsistent with the spirit limitations on fundraising are already revise the proposed rule to specify that of the President’s 2009 memorandum common in individual waivers that ‘‘permission to participate is not to be and with Director Barry’s policy agencies have issued under 18 U.S.C. denied for improper reasons.’’ OGE has objectives as stated in his letter of 208(b)(1), and OGE anticipates that not adopted this suggested revision. August 16, 2012. Further, the Office of many agencies will continue to apply OGE’s role is not to determine agency Government Ethics notes that the similar limits when assigning management practices concerning the criminal conflict of interest law and the employees to participate in nonprofit assignment of work, beyond the regulations promulgated thereunder organizations in the future. determination of whether an assignment provide an appropriate mechanism for One organization generally supported is consistent with the conflict of interest addressing general concerns about the the proposed exemption, but laws and regulations. Moreover, as role of executive branch personnel recommended that the rule be revised to stated above, nothing in the rule limits serving at nonprofit organizations in the require that agencies post information the ability of an employee to serve as an United States. on their Web sites concerning each officer, director or trustee of a nonprofit Another individual similarly employee serving in an official capacity organization as a personal outside expressed ‘‘grave misgivings’’ about the on the board of a nonprofit organization, activity, when the agency has not

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assigned the employee to serve in an informed by numerous legal, policy, and the U.S. Senate, House of official capacity. managerial considerations, and many of Representatives and General Accounting One agency recommended that OGE those considerations fall outside of Office in accordance with that law. add the parenthetical phrase ‘‘(or OGE’s area of expertise. equivalent position)’’ following the Therefore, for the reasons explained Executive Order 12866 terms ‘‘officer, director or trustee’’ in above, the Office of Government Ethics In promulgating this rule amendment, § 2640.203(m). The agency pointed out is adopting the new regulatory the Office of Government Ethics has that some nonprofit organizations do exemption at 5 CFR 2640.203(m). OGE adhered to the regulatory philosophy not actually use the terms ‘‘officer,’’ is, however, making one revision to the and the applicable principles of ‘‘director,’’ or ‘‘trustee’’ to describe the language of the proposed rule: OGE is regulation set forth in section 1 of organizational leadership but rather use clarifying that the exemption applies Executive Order 12866, Regulatory other terms, such as ‘‘council member.’’ not just to current positions but also to Planning and Review. This rule has also OGE has not adopted the prospective positions as officer, director been reviewed by the Office of recommendation of the commenter, or trustee. OGE anticipates that some Management and Budget under that because the exemption needs to reflect employees may have duties that could Executive order. There should be no the terms of the statute itself, which affect an organization in which they appreciable increase in costs to OGE or specifies officer, director and trustee. plan to serve in an official capacity in the executive branch of the Federal OGE certainly is aware that some the future or that some employees might Government in administering this nonprofit organizations do not use the even occupy one position in the present regulation, since it only adds to OGE’s actual terms of section 208(a) in the (e.g., vice president) but have an financial interests regulation a new titles of their officials, but this has never arrangement to serve in another position regulatory exemption and a clarification been the end of the inquiry into whether in the organization in the future (e.g., of an existing exemption. Finally, this section 208 applies. In such cases, president). In order to make clear that rulemaking is not economically ethics officials must determine whether the exemption covers prospective significant under the Executive order the position has the same legal service, the final rule will read and would not interfere with State, local responsibilities and characteristics as ‘‘nonprofit organization in which the or tribal governments. the positions described in 18 U.S.C. employee serves (or is seeking or has an Executive Order 12988 208(a). In some cases, the position does arrangement to serve) * * *’’ Other not correspond to an officer, director or than this revision, the final rule adopts As Director of the Office of trustee position because the position is the language of the proposed rule. Government Ethics, I have reviewed this solely advisory or honorary or otherwise final amendatory regulation in light of III. Matters of Regulatory Procedure does not carry the powers and fiduciary section 3 of Executive Order 12988, duties associated with officers, directors Regulatory Flexibility Act Civil Justice Reform, and certify that it and trustees; in other cases, the position meets the applicable standards provided As Director of the Office of therein. in question truly does entail the powers Government Ethics, I certify under the and duties of an officer, director or Regulatory Flexibility Act (5 U.S.C. List of Subjects in 5 CFR Part 2640 trustee within the meaning of the law. chapter 6) that this final rule would not Agency ethics officials will need to Conflict of interests, Government have a significant economic impact on employees. engage in the same inquiry with respect a substantial number of small entities to the coverage of the regulatory because it primarily affects Federal Approved: February 28, 2013. exemption, although of course no executive branch employees. Walter M. Shaub, Jr., exemption would be needed if the Director, Office of Government Ethics. agency determines that the employee Paperwork Reduction Act Accordingly, for the reasons set forth does not hold any section 208 position The Paperwork Reduction Act (44 in the preamble, the Office of in the first place. In OGE’s experience, U.S.C. chapter 35) does not apply Government Ethics is amending 5 CFR such questions typically can be resolved because this regulation does not contain part 2640 as follows: by consulting with counsel for the information collection requirements that nonprofit organization and/or by require approval of the Office of PART 2640—INTERPRETATION, examining the organization’s governing Management and Budget. EXEMPTIONS AND WAIVER documents. GUIDANCE CONCERNING 18 U.S.C. Other comments supported the Unfunded Mandates Reform Act 208 (ACTS AFFECTING A PERSONAL proposed new exemption but requested For purposes of the Unfunded FINANCIAL INTEREST) that OGE provide guidance on a variety Mandates Reform Act of 1995 (2 U.S.C. of subjects, including agency chapter 25, subchapter II), this final rule ■ 1. The authority citation for part 2640 implementation of official assignments would not significantly or uniquely continues to read as follows: with outside organizations, as well as affect small governments and will not Authority: 5 U.S.C. App. (Ethics in the application of conflict of interest result in increased expenditures by Government Act of 1978); 18 U.S.C. 208; E.O. requirements to employees serving in State, local, and tribal governments, in 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. their personal, rather than official, the aggregate, or by the private sector, of 215, as modified by E.O. 12731, 55 FR 42547, capacity. While this final rule is not the $100 million or more (as adjusted for 3 CFR, 1990 Comp., p. 306. place for such detailed guidance, OGE inflation) in any one year. Subpart A—General Provisions certainly will be available to agency Congressional Review Act ethics officials for assistance with the ■ 2. In § 2640.102, paragraph (q) is application of this and all other ethics The Office of Government Ethics has revised to read as follows: rules and conflict of interest laws. As determined that this rulemaking the Note following § 2640.203(m) involves a nonmajor rule under the § 2640.102 Definitions. emphasizes, however, agency decisions Congressional Review Act (5 U.S.C. * * * * * to permit official participation in any chapter 8) and will, before the final rule (q) Sector mutual fund or sector unit particular outside organization will be takes effect, submit a report thereon to investment trust means a mutual fund or

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unit investment trust that concentrates to serve in an official capacity with a 30, West Building Ground Floor, Room its investments in an industry, business, particular nonprofit organization. Agencies W12–140, 1200 New Jersey Avenue SE., single country other than the United will make such determinations based on an Washington, DC 20590, between 9 a.m. States, or bonds of a single State within evaluation of their own statutory authorities and 5 p.m., Monday through Friday, and missions. Individual agency decisions to except Federal holidays. the United States. permit (or not permit) an employee to serve * * * * * in an official capacity necessarily involve a For service information identified in range of legal, policy, and managerial this AD, contact Turbomeca, 40220 Subpart B—Exemptions Pursuant to 18 considerations, and nothing in this paragraph Tarnos, France, phone: +33 (0)5 59 74 U.S.C. 208(b)(2) is intended to interfere with an agency’s 40 00; telex: 570 042; fax: +33 (0)5 59 discretion to assign official duties and limit 74 45 15; Web site: http:// ■ 3. In § 2640.201, paragraphs (b)(1) and such assignments as the agency deems www.turbomeca-support.com. You may (2) are revised to read as follows: appropriate. view this service information at the FAA, Engine & Propeller Directorate, 12 § 2640.201 Exemptions for interests in [FR Doc. 2013–05243 Filed 3–5–13; 8:45 am] mutual funds, unit investments trusts, and BILLING CODE 6345–03–P New England Executive Park, employee benefit plans. Burlington, MA 01803. For information on the availability of this material at the * * * * * (b) Sector mutual funds and sector DEPARTMENT OF TRANSPORTATION FAA, call 781–238–7125. unit investment trusts. (1) An employee Examining the AD Docket Federal Aviation Administration may participate in any particular matter You may examine the AD docket on affecting one or more holdings of a 14 CFR Part 39 the Internet at http:// sector mutual fund or a sector unit www.regulations.gov; or in person at the investment trust where the affected [Docket No. FAA–2011–1037; Directorate Docket Management Facility between 9 holding is not invested in the sector in Identifier 2011–NE–30–AD; Amendment 39– a.m. and 5 p.m., Monday through which the fund or trust concentrates, 17373; AD 2013–05–01] Friday, except Federal holidays. The AD and where the disqualifying financial RIN 2120–AA64 docket contains this AD, the regulatory interest in the matter arises because of evaluation, any comments received, and ownership of an interest in the fund or Airworthiness Directives; Turbomeca other information. The street address for unit investment trust. S.A. Turboshaft Engines the Docket Office (phone: 800–647– (2)(i) An employee may participate in 5527) is in the ADDRESSES section. AGENCY: a particular matter affecting one or more Federal Aviation Comments will be available in the AD holdings of a sector mutual fund or a Administration (FAA), DOT. docket shortly after receipt. sector unit investment trust where the ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: Rose disqualifying financial interest in the comments. Len, Aerospace Engineer, Engine matter arises because of ownership of an SUMMARY: We are superseding an Certification Office, FAA, 12 New interest in the fund or the unit England Executive Park, Burlington, MA investment trust and the aggregate existing airworthiness directive (AD) for all Turbomeca S.A. Makila 1A2 01803; phone: 781–238–7772; fax: 781– market value of interests in any sector 238–7199; email: [email protected]. fund or funds and any sector unit turboshaft engines. That AD currently SUPPLEMENTARY INFORMATION: investment trust or trusts does not requires replacement of certain serial exceed $50,000. number (S/N) N2 sensor harnesses. This Discussion AD requires replacement of the same S/ (ii) For purposes of calculating the On November 9, 2011, we issued AD $50,000 de minimis amount in N harnesses, and requires replacement of additional S/N N2 sensor harnesses. 2011–24–08, Amendment 39–16872 (76 paragraph (b)(2)(i) of this section, an FR 72091, November 22, 2011), for all This AD was prompted by corrosion employee must aggregate the market Turbomeca S.A. Makila 1A2 turboshaft detected in affected N2 sensor value of all sector mutual funds and engines with certain part number (P/N) harnesses. We are issuing this AD to sector unit investment trusts in which N2 sensor harnesses installed. That AD prevent inadvertent activation of the he has a disqualifying financial interest requires replacement of certain S/Ns of 65% N1 back up mode, resulting in N2 and that concentrate in the same sector the affected N2 sensor harnesses, on the speed fluctuation, significant power and have one or more holdings that may two engines of the helicopter. That AD loss, and emergency landing of the be affected by the particular matter. resulted from mandatory continuing helicopter. * * * * * airworthiness information issued by an ■ 4. Section 2640.203 is amended by DATES: This AD is effective March 21, aviation authority of another country to adding paragraph (m) to read as follows: 2013. identify and correct an unsafe condition We must receive any comments on on an aviation product. We issued that § 2640.203 Miscellaneous exemptions. this AD by April 22, 2013. AD to prevent inadvertent activation of (m) Official participation in nonprofit ADDRESSES: You may send comments by the 65% N1 backup control mode, as a organizations. An employee may any of the following methods: result of defective N2 sensor harness participate in any particular matter • Federal eRulemaking Portal: Go to crimps, which could result in engine where the disqualifying financial http://www.regulations.gov. Follow the power loss and emergency landing of interest is that of a nonprofit instructions for submitting comments. the helicopter. organization in which the employee • Fax: 202–493–2251. serves (or is seeking or has an • Mail: U.S. Department of Actions Since AD Was Issued arrangement to serve), solely in an Transportation, Docket Operations, M– Since we issued AD 2011–24–08 (76 official capacity, as an officer, director 30, West Building Ground Floor, Room FR 72091, November 22, 2011), or trustee. W12–140, 1200 New Jersey Avenue SE., Turbomeca S.A. has determined through Note to paragraph (m): Nothing in this Washington, DC 20590. investigation that additional S/Ns of the paragraph shall be deemed independent • Hand Delivery: U.S. Department of N2 sensor harness, P/N 0 301 52 001 0, authority for an agency to assign an employee Transportation, Docket Operations, M– are affected and require replacement.

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The investigation detected corrosion in Costs of Compliance PART 39—AIRWORTHINESS the harness inside the cable sheath, at There are no engines installed on DIRECTIVES the splices with the sensor coils. This helicopters of U.S. registry that will be ■ 1. The authority citation for part 39 corrosion is attributed to a affected by this AD. Therefore, we continues to read as follows: manufacturing error. We are issuing this estimate the cost of this AD on U.S. AD to include additional S/Ns of the N2 operators to be $0. Authority: 49 U.S.C. 106(g), 40113, 44701. sensor harness. Authority for This Rulemaking Relevant Service Information § 39.13 [Amended] Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by We reviewed Turbomeca S.A. Alert specifies the FAA’s authority to issue removing airworthiness directive (AD) Mandatory Service Bulletin (MSB) No. rules on aviation safety. Subtitle I, 2011–24–08, Amendment 39–16872 (76 A298 77 0821, Version A, dated October Section 106, describes the authority of FR 72091, November 22, 2011) and 9, 2012, and MSB No. 298 77 0817, the FAA Administrator. Subtitle VII, adding the following new AD: Version B, dated August 23, 2011. This Aviation Programs, describes in more detail the scope of the Agency’s 2013–05–01 Turbomeca S.A.: Amendment service information describes 39–17373; Docket No. FAA–2011–1037; procedures for checking and replacing authority. Directorate Identifier 2011–NE–30–AD. affected N2 sensor harnesses. We are issuing this rulemaking under the authority described in Subtitle VII, (a) Effective Date FAA’s Determination Part A, Subpart III, Section 44701, This AD is effective March 21, 2013. ‘‘General requirements.’’ Under that We are issuing this AD because we (b) Affected ADs section, Congress charges the FAA with evaluated all the relevant information This AD supersedes AD 2011–24–08, and determined the unsafe condition promoting safe flight of civil aircraft in air commerce by prescribing regulations Amendment 39–16872 (76 FR 72091, exists and is likely to exist or develop November 22, 2011). on other products of the same type for practices, methods, and procedures (c) Applicability design. the Administrator finds necessary for safety in air commerce. This regulation This AD applies to all Turbomeca S.A. AD Requirements is within the scope of that authority Makila 1A2 turboshaft engines with an N2 because it addresses an unsafe condition sensor harness, part number (P/N) 0 301 52 This AD requires replacement of that is likely to exist or develop on 001 0, installed, with: certain S/Ns of N2 sensor harnesses, P/ products identified in this rulemaking (1) A serial number (S/N) 242 through 339, N 0 301 52 001 0. action. inclusive, or (2) A S/N 691 through 705, inclusive, 707 FAA’s Justification and Determination Regulatory Findings through 728, inclusive, or 813 through 844, of the Effective Date inclusive. This AD will not have federalism There are no U.S. operators for this implications under Executive Order (d) Unsafe Condition product. Therefore, we find that notice 13132. This AD will not have a This AD was prompted by corrosion and opportunity for prior public substantial direct effect on the States, on detected in affected N2 sensor harnesses. We comment are unnecessary and that good the relationship between the national are issuing this AD to prevent inadvertent cause exists for making this amendment government and the States, or on the activation of the 65% N1 back up mode, effective in less than 30 days. distribution of power and resulting in N2 speed fluctuation, significant power loss, and emergency landing of the Comments Invited responsibilities among the various helicopter. levels of government. This AD is a final rule that involves For the reasons discussed above, I (e) Compliance requirements affecting flight safety, and certify that this AD: Comply with this AD within the we did not provide you with notice and (1) Is not a ‘‘significant regulatory compliance times specified, unless already an opportunity to provide your action’’ under Executive Order 12866, done. comments before it becomes effective. (2) Is not a ‘‘significant rule’’ under (1) For engines listed in paragraph (c)(1) of However, we invite you to send any DOT Regulatory Policies and Procedures this AD with an affected N2 sensor harness (44 FR 11034, February 26, 1979), and installed on both engines of the helicopter, written data, views, or arguments about do the following: this AD. Send your comments to an (3) Will not affect intrastate aviation in Alaska to the extent that it justifies (i) Replace one N2 sensor harness with an address listed under the ADDRESSES N2 sensor harness that is eligible for section. Include ‘‘Docket Number FAA– making a regulatory distinction, and installation within 10 flight hours (FHs) after 2011–1037; Directorate Identifier 2011– (4) Will not have a significant December 7, 2011, or before the next flight NE–30–AD’’ at the beginning of your economic impact, positive or negative, after the effective date of this AD, whichever comments. We specifically invite on a substantial number of small entities occurs later, and comments on the overall regulatory, under the criteria of the Regulatory (ii) Replace the second N2 sensor harness economic, environmental, and energy Flexibility Act. with an N2 sensor harness that is eligible for installation within 50 FHs after December 7, aspects of this AD. We will consider all List of Subjects in 14 CFR Part 39 2011, or before the next flight after the comments received by the closing date Air transportation, Aircraft, Aviation effective date of this AD, whichever occurs and may amend this AD because of safety, Incorporation by reference, later. those comments. Safety. (2) For engines listed in paragraph (c)(1) of We will post all comments we this AD with an affected N2 sensor harness receive, without change, to http:// Adoption of the Amendment installed on only one engine of the helicopter, replace the affected N2 sensor www.regulations.gov, including any Accordingly, under the authority harness with an N2 sensor harness that is personal information you provide. We delegated to me by the Administrator, eligible for installation within 50 FHs after will also post a report summarizing each the FAA amends part 39 of the Federal December 7, 2011, or before the next flight substantive verbal contact we receive Aviation Regulations (14 CFR part 39) as after the effective date of this AD, whichever about this AD. follows: occurs later.

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(3) For engines listed in paragraph (c)(2) of (i) Material Incorporated by Reference questions on viewing the docket, call this AD with an affected N2 sensor harness None. Barbara Hairston, Program Manager, installed on both engines of the helicopter, Issued in Burlington, Massachusetts, on Docket Operations, telephone 202–366– do the following: 9826. (i) Replace one N2 sensor harness with an February 25, 2013. N2 sensor harness that is eligible for Colleen M. D’Alessandro, SUPPLEMENTARY INFORMATION: installation within 10 FHs after the effective Assistant Manager, Engine & Propeller A. Regulatory History and Information date of this AD, and Directorate, Aircraft Certification Service. (ii) Replace the second N2 sensor harness On November 9, 2012, we published with an N2 sensor harness that is eligible for [FR Doc. 2013–04996 Filed 3–5–13; 8:45 am] a notice of proposed rulemaking installation within 50 FHs after the effective BILLING CODE 4910–13–P (NPRM) entitled ‘‘Drawbridge Operation date of this AD. Regulation; Lake Champlain, Swanton, (4) For engines listed in paragraph (c)(2) of VT’’ in the Federal Register (77 FR this AD with an affected N2 sensor harness DEPARTMENT OF HOMELAND 67319). We received no comments on installed on only one engine of the SECURITY helicopter, replace the affected N2 sensor the proposed rule. No public meeting was requested, and none was held. harness with an N2 sensor harness that is Coast Guard eligible for installation within 50 FHs after B. Basis and Purpose the effective date of this AD. (5) If an affected N2 sensor harness is 33 CFR Part 117 The New England Central Railroad installed on both engines of the helicopter, [Docket No. USCG–2012–0918] Bridge, formerly the Central Vermont one from paragraph (c)(1) of this AD and one Railway Bridge, at mile 105.6, across from paragraph (c)(2) of this AD, then within RIN 1625–AA09 Missisquoi Bay, at Swanton, Vermont, 10 FHs after December 7, 2011, or before the has a vertical clearance in the closed next flight after the effective date of this AD, Drawbridge Operation Regulation; position that ranges between 9.5 feet whichever occurs later, replace the N2 sensor Lake Champlain, Swanton, VT harness from paragraph (c)(1) with an N2 and zero feet depending on the time of sensor harness that is eligible for installation AGENCY: Coast Guard, DHS. year and other conditions. The and within 50 FHs after the effective date of ACTION: Final rule. waterway users are predominantly this AD, replace the harness from paragraph seasonal recreational vessels. (c)(2) with an N2 sensor harness that is SUMMARY: The Coast Guard is changing The existing drawbridge operation eligible for installation. the drawbridge operation regulation that regulations are listed at 33 CFR (f) Installation Prohibition governs the operation of the New 117.993(c), which require the draw to England Central Railroad Bridge across operate as follows: From June 15 (1) After the effective date of this AD, do through September 15, the draw shall not install on any engine any N2 sensor Missisquoi Bay, mile 105.6, at Swanton, harness, P/N 0 301 52 001 0, with a S/N Vermont, and removing the regulation open on signal, Monday through Friday listed in paragraphs (c)(1) and (c)(2) of this for the SR78 highway bridge at mile between 9 a.m. and 5 p.m. and on AD, unless the N2 sensor harness has ‘‘SB 105.9. The owner of the New England Saturday, Sunday, Independence Day, 0815’’ marked on its identification plate. Central Railroad Bridge has requested to and Labor Day, between 7 a.m. and 11 (2) After the effective date of this AD, do operate the bridge from a remote p.m. At all other times, after at least a not install in a helicopter, any engine with location, at St. Albans, Vermont. It is two hour notice is given. From an N2 sensor harness, P/N 0 301 52 001 0, expected that this change to the September 16 through June 14, on signal installed, with a S/N listed in paragraphs after at least a twenty four hour notice (c)(1) and (c)(2) of this AD, unless the N2 regulations will provide relief to the sensor harness has ‘‘SB 0815’’ marked on its bridge owner from crewing the bridge is given. identification plate. while continuing to meet the reasonable The Coast Guard received a request needs of navigation. from the owner of the bridge, New (g) Alternative Methods of Compliance England Central Railroad Inc., to change (AMOCs) DATES: This rule is effective April 5, 2013. the drawbridge operation regulations to The Manager, Engine Certification Office, allow the bridge to be operated remotely FAA, may approve AMOCs for this AD. Use ADDRESSES: Comments and related from the New England Central Railroad the procedures in 14 CFR 39.19 to make your materials received from the public, as Dispatcher’s Office located at St. request. well as documents mentioned in this Albans, Vermont. (h) Related Information preamble as being available in the The bridge had been operated (1) For more information about this AD, docket, are part of docket USCG–2012– manually by hand crank since it was contact Rose Len, Aerospace Engineer, 0918 and are available online by going constructed in 1912. An operator would Engine Certification Office, FAA, 12 New to http://www.regulations.gov, inserting be dispatched to the bridge to manually England Executive Park, Burlington, MA USCG–2012–0918 in the ‘‘Keyword’’ close the draw to facilitate the passage 01803; phone: 781–2328–7772; fax: 781–238– box, and then clicking ‘‘Search.’’ This of a train and then crank the draw back 7199; email: [email protected]. material is also available for inspection into the open position. (2) Turbomeca S.A. Alert Mandatory or copying at the Docket Management The Federal Railroad Administration Service Bulletin (MSB) No. A298 77 0821, Facility (M–30), U.S. Department of Version A, dated October 9, 2012, and MSB funded the motorization of the bridge to No. 298 77 0817, Version B, dated August 23, Transportation, West Building Ground allow remote operation of the bridge by 2011, pertain to the subject of this AD. Floor, Room W12–140, 1200 New Jersey New England Central Railroad. As a (3) For service information identified in Avenue SE., Washington, DC 20590, result, in 2012, the operating system this AD, contact Turbomeca, 40220 Tarnos, between 9 a.m. and 5 p.m., Monday was modified by adding electric bridge France, phone: +33 (0)5 59 74 40 00; telex: through Friday, except Federal holidays. opening motors to swing the draw open 570 042; fax: +33 (0)5 59 74 45 15; Web site: FOR FURTHER INFORMATION CONTACT: If and closed, a standby electric generator http://www.turbomeca-support.com. You you have questions on this rule, call or to be used in the event of a power may view this service information at the FAA, Engine & Propeller Directorate, 12 New email Mr. John W. McDonald, Project outage, local bridge operation controls England Executive Park, Burlington, MA Officer, First Coast Guard District Bridge installed at the tenders building on the 01803. For information on the availability of Branch, 617–223–8364, bridge to be used to locally operate the this material at the FAA, call 781–238–7125. [email protected]. If you have draw, LED navigation lights, and

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electric illuminated signs both up and D. Regulatory Analyses Ombudsman evaluates these actions down stream to warn mariners that the We developed this rule after annually and rates each agency’s bridge will be closing for the passage of considering numerous statutes and responsiveness to small business. If you an approaching train. executive orders related to rulemaking. wish to comment on actions by Presently, rail traffic crosses the Below we summarize our analyses employees of the Coast Guard, call 1– bridge seven days a week. There are based on these statutes or executive 888–REG–FAIR (1–888–734–3247). The normally two train passages daily orders. Coast Guard will not retaliate against crossing the bridge in the morning and small entities that question or complain 1. Regulatory Planning and Review returning later in the same day. about this rule or any policy or action Under this final rule the bridge will This rule is not a significant of the Coast Guard. be opened and closed remotely, from regulatory action under section 3(f) of 4. Collection of Information the New England Central Railroad Executive Order 12866, Regulatory Dispatchers Office at St. Albans, Planning and Review, and does not This rule calls for no new collection Vermont. require an assessment of potential costs of information under the Paperwork and benefits under section 6(a)(3) of that Reduction Act of 1995 (44 U.S.C. 3501– During the boating season, June 15 Order. The Office of Management and 3520). through September 15, the bridge will Budget has not reviewed it under that remain in the open position at all times, Order. This conclusion is based on the 5. Federalism except for the passage of rail traffic. fact that the bridge will continue to A rule has implications for federalism Once rail traffic crosses the bridge the operate the same, except that, it will be under Executive Order 13132, bridge will be returned to the full open opened and closed from a remote Federalism, if it has a substantial direct position. location in St. Albans, Vermont. effect on State or local governments and In the off season, September 16 2. Impact on Small Entities would either preempt State law or through June 14, the bridge may remain impose a substantial direct cost of in the closed position at all times. The Regulatory Flexibility Act of 1980 compliance on them. We have analyzed The bridge will be opened for the (RFA), 5 U.S.C. 601–612, as amended, this rule under that Order and have passage of vessel traffic September 16 requires federal agencies to consider the determined that it does not have through June 14, upon receipt of a potential impact of regulations on small implications for federalism. twenty four hour advance notice to open entities during rulemaking. The Coast 6. Unfunded Mandates Reform Act the bridge. Guard received no comments from the Small Business Administration on this The Unfunded Mandates Reform Act The bridge opens on average two to rule. The Coast Guard certifies under 5 three times a week during the period 16 of 1995 (2 U.S.C. 1531–1538) requires U.S.C. 605(b) that this rule will not have Federal agencies to assess the effects of September through 14 June when the a significant economic impact on a their discretionary regulatory actions. In bridge will open after a twenty four substantial number of small entities. particular, the Act addresses actions hour advance notice is given. This rule will have no effect on small The waterway is normally frozen entities since this drawbridge will that may result in the expenditure by a December through April each winter continue to operate the same except that State, local, or tribal government, in the when the recreational vessels that it will be operated from a remote aggregate, or by the private sector of normally transit this bridge are in location. $100,000,000 (adjusted for inflation) or winter storage. There is no new restriction or more in any one year. Though this rule will not result in such an expenditure, As a result of the above information regulation being imposed by this rule; therefore, the Coast Guard certifies we do discuss the effects of this rule the Coast Guard believes it is reasonable elsewhere in this preamble. for the bridge owner to operate the under 5 U.S.C. 605(b) that this final rule bridge from a remote location and that will not have a significant economic 7. Taking of Private Property the reasonable needs of navigation will impact on a substantial number of small This rule will not cause a taking of continue to be addressed. entities private property or otherwise have The SR78 highway bridge has been 3. Assistance for Small Entities taking implications under Executive replaced with a new fixed span highway Under section 213(a) of the Small Order 12630, Governmental Actions and bridge; therefore, the drawbridge Business Regulatory Enforcement Interference with Constitutionally operations for that bridge will be Fairness Act of 1996 (Pub. L. 104–121), Protected Property Rights. deleted because they are now obsolete we want to assist small entities in 8. Civil Justice Reform and unnecessary. understanding this rule, if the rule The New England Central Railroad would affect your small business, This rule meets applicable standards Bridge is listed in the existing organization, or governmental in sections 3(a) and 3(b)(2) of Executive regulations as the Central Vermont jurisdiction and you have questions Order 12988, Civil Justice Reform, to Railway Bridge. We are changing the concerning its provisions or options for minimize litigation, eliminate name of the bridge under this rule to compliance, please contact the person ambiguity, and reduce burden. update the present name and ownership listed in the FOR FURTHER INFORMATION 9. Protection of Children of the bridge. CONTACT, above. C. Discussion of Comments and Small businesses may send comments We have analyzed this rule under Changes on the actions of Federal employees Executive Order 13045, Protection of who enforce, or otherwise determine Children from Environmental Health The Coast Guard received no compliance with, Federal regulations to Risks and Safety Risks. This rule is not comments in response to the notice of the Small Business and Agriculture an economically significant rule and proposed rulemaking. As a result, no Regulatory Enforcement Ombudsman would not create an environmental risk changes have been made to this final and the Regional Small Business to health or risk to safety that might rule. Regulatory Fairness Boards. The disproportionately affect children.

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10. Indian Tribal Governments List of Subjects in 33 CFR Part 117 traffic shall be allowed to pass before Bridges. the bridge may be closed. Once it is This rule does not have tribal determined that no vessel traffic is implications under Executive Order For the reasons discussed in the approaching the dispatcher shall sound 13175, Consultation and Coordination preamble, the Coast Guard amends 33 the warning horn and activate the up with Indian Tribal Governments, CFR part 117 as follows: and down stream message boards because it does not have a substantial indicating that the bridge will be PART 117—DRAWBRIDGE direct effect on one or more Indian closing. After at least a one minute OPERATION REGULATIONS tribes, on the relationship between the delay the draw may then be closed and Federal Government and Indian tribes, the swing span navigation lights shall or on the distribution of power and ■ 1. The authority citation for part 117 continues to read as follows: display as red to indicate the bridge is responsibilities between the Federal in the closed position. Once the train Government and Indian tribes. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; clears the bridge the draw shall be Department of Homeland Security Delegation 11. Energy Effects No. 0170.1. returned to the full open position and the swing span lights shall display as ■ This action is not a ‘‘significant 2. In § 117.993, revise paragraph (c) green to indicate the draw is in the full energy action’’ under Executive order and remove paragraph (d). open position. 13211, Actions Concerns Regulations The revision reads as follows: (6) In the event that the dispatcher That Significantly Affect Energy Supply, § 117.993 Lake Champlain. cannot verify that the channel is clear of Distribution, or Use. * * * * * all vessel traffic and the bridge cannot 12. Technical Standards (c) The draw of the New England be safely closed, an on-scene train crewmember shall observe the waterway The National Technology Transfer Central Railroad Bridge across Missiquoi Bay, mile 105.6, at Swanton, for any vessel traffic and then and Advancement Act (NTTAA) (15 communicate with the train dispatch U.S.C. 272 note) directs agencies to use Vermont, shall operate as follows: (1) From June 15 through September office either by radio or telephone to voluntary consensus standards in their 15, the draw shall remain in the full request the bridge be safely closed. regulatory activities unless the agency open position at all times and shall only Personnel shall then be deployed to the provides Congress, through the Office of be closed for the passage of rail traffic bridge to arrive within two hours to Management and Budget, with an or the performance of maintenance inspect and repair the bridge remote explanation of why using these authorized in accordance with subpart operation equipment. standards would be inconsistent with A of this part. (7) The bridge shall be operated applicable law or otherwise impractical. (2) From September 16 through June manually from the tender’s house Voluntary consensus standards are 14, the draw may remain in the closed located at the bridge until all necessary technical standards (e.g., specifications position and shall be opened on signal repairs are completed to the remote of materials, performance, design, or for the passage of vessel traffic after at operation equipment. operation; test methods; sampling least a twenty four hour notice is given procedures; and related management Dated: February 20, 2013. by calling the number posted at the systems practices) that are developed or Daniel B. Abel, bridge. adopted by voluntary consensus Rear Admiral, U.S. Coast Guard, Commander, (3) The draw may be operated either standards bodies. First Coast Guard District. remotely by the New England Central This rule does not use technical [FR Doc. 2013–05132 Filed 3–1–13; 4:15 pm] Railroad train dispatcher located at St. BILLING CODE 9110–04–P standards. Therefore, we did not Albans, Vermont or manually by a draw consider the use of voluntary consensus tender located at the bridge. standards. (4) A sufficient number of infrared DEPARTMENT OF HOMELAND 13. Environment cameras shall be maintained in good SECURITY working order at all times with a clear We have analyzed this rule under unobstructed view of the channel under Coast Guard Department of Homeland Security the bridge, and the up and down stream Management Directive 023–01 and approaches to the bridge. A signal horn 33 CFR Part 117 Commandant Instruction M16475.lD, and message boards located both up and which guides the Coast Guard in down stream, necessary to warn marine [Docket No. USCG–2013–0082] complying with the National traffic that the bridge will be closing, Environmental Policy Act of 1969 Drawbridge Operation Regulations; shall also be maintained in good Cheesequake Creek, Morgan, NJ (NEPA)(42 U.S.C. 4321–4370f), and working order at all times. In the event have concluded that this action is one that any of the cameras, navigation AGENCY: Coast Guard, DHS. of a category of actions which do not lights, horn, or message board become ACTION: Notice of temporary deviation individually or cumulatively have a disabled, personnel shall be deployed to from regulation. significant effect on the human the bridge to be on scene within two environment. This rule involves hours from the known time of the SUMMARY: The Coast Guard has issued a operating the bridge from a remote equipment failure. temporary deviation from the regulation location. This rule is categorically (5) The draw may operate remotely as governing the operation of the New excluded, under figure 2–1, paragraph follows: Once it is determined that the Jersey Transit Rail Operation (NJTRO) (32)(e), of the Instruction. draw must be opened or closed, the Railroad Bridge across Cheesequake Under figure 2–1, paragraph (32)(e), of train dispatcher shall observe the Creek, mile 0.2, at Morgan, New Jersey. the Instruction, an environmental waterway both up and down stream via Under this temporary deviation, the analysis checklist and a categorical the infrared cameras to verify that the bridge may remain in the closed exclusion determination are not channel is clear of all approaching position for three weekends to facilitate required for this rule. vessel traffic. All approaching vessel scheduled bridge repairs.

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DATES: This deviation is effective from Dated: February 21, 2013. Chattahoochee River and certain adjoining 6 a.m. on March 2, 2013, until 4 p.m. Gary Kassof, lands in the State of Georgia from Buford on March 3, 2013; from 6 a.m. on March Bridge Program Manager, First Coast Guard Dam downstream to Peachtree Creek are of 9, 2013, until 4 p.m. on March 10, 2013; District. special national significance, and that such values should be preserved and protected and from 6 a.m. on March 16, 2013, [FR Doc. 2013–04988 Filed 3–4–13; 11:15 am] from developments and uses which would until 4 p.m. on March 17, 2013. BILLING CODE 9110–04–P substantially impair or destroy them. (16 ADDRESSES: The docket for this U.S.C. 460ii) deviation, [USCG–2013–0082] is On August 15, 1978, President Jimmy available at http://www.regulations.gov. DEPARTMENT OF THE INTERIOR Carter signed legislation creating the Type the docket number in the National Park Service Chattahoochee River National ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Recreation Area (CHAT), a unit of the Click on Open Docket Folder on the line 36 CFR Part 7 National Park System consisting of ‘‘the associated with this deviation. You may river and its bed together with the lands, also visit the Docket Management [NPS–CHAT–11887; PPSECHAT00; waters, and interests therein. * * *’’ (16 Facility in Room W12–140, on the PPMPSPD1Z.YM0000] U.S.C. 460ii). The National Park Service ground floor of the Department of RIN 1024–AD94 (NPS) is responsible for management of Transportation West Building, 1200 this significant stretch of riverside park. New Jersey Avenue SE., Washington, Special Regulations; Areas of the In 1984, Congress amended CHAT’s DC 20590, between 9 a.m. and 5 p.m., National Park System, Chattahoochee enabling legislation through Public Law Monday through Friday, except Federal River National Recreation Area, 98–568, which declared the corridor holidays. Bicycle Routes located within 2,000 feet of each bank FOR FURTHER INFORMATION CONTACT: If along the 48-mile river segment ‘‘an area AGENCY: you have questions on this temporary National Park Service, Interior. of national concern.’’ A subsequent deviation, call or email Mr. Joe Arca, ACTION: Final rule. amendment, passed in 1999, expanded Project Officer, First Coast Guard SUMMARY: This rule designates certain the authorized boundary of CHAT and District, [email protected], or (212) multi-use pathways in Chattahoochee provided funding to support acquisition 668–7165. If you have questions on River National Recreation Area as routes of land-based linear corridors to link viewing the docket, call Barbara for bicycle use. National Park Service existing units of the recreation area and Hairston, Program Manager, Docket general regulations require to ensure that they are managed to Operations, telephone 202–366–9826. promulgation of a special regulation to standardize acquisition, planning, SUPPLEMENTARY INFORMATION: The designate new routes for bicycle use off design, construction, and operation of NJTRO railroad bridge has a vertical park roads and outside developed areas. the linear corridors. The NPS manages clearance of 3 feet at mean high water, Several segments of multi-use pathways the 48-mile stretch of the Chattahoochee and 8 feet at mean low water in the at Chattahoochee River National River from top-of-bank to top-of-bank, closed position. The existing Recreation Area have been, or are including all adjacent land elements drawbridge operating regulations are planned to be, constructed to replace that occur below the high water mark. found at 33 CFR 117.709(b). eroded social trails with a sustainable The NPS also manages over 5,000 acres The bridge owner, New Jersey Transit trail system. Allowing bicycling on the of park land, including riverside units Rail Operations (NJTRO), requested a new trail system improves connectivity and upland forested areas with hiking bridge closure to facilitate structural and to regional trail networks, enhances trails and other recreational track repairs at the bridge. opportunities for non-motorized opportunities. Under this temporary deviation, the enjoyment of the park, and encourages In September 2009, the NPS NJTRO railroad bridge may remain in the use of alternate transportation by completed a General Management Plan/ the closed position on three consecutive park visitors and staff. Environmental Impact Statement (GMP/ weekends, from 6 a.m. on March 2, EIS). Consistent with 36 CFR 4.30, the DATES: The rule is effective April 5, 2013, until 4 p.m. on March 3, 2013, 2013. GMP/EIS states that bicycles are from 6 a.m. on March 9, 2013 until 4 prohibited except on roads, parking p.m. on March 10, 2013, and from 6 a.m. FOR FURTHER INFORMATION CONTACT: Rick areas, and designated routes, noting that on March 16, 2013, until 4 p.m. on Slade, Chief of Science and Resource this regulation is especially important in March 17, 2013. Management, Chattahoochee River light of comments received during the In the event weather conditions are National Recreation Area, 1978 Island GMP/EIS process from some visitors favorable during the first two weekends, Ford Parkway, Sandy Springs, GA who view the park corridor as an the third weekend may be unnecessary. 30350, (678) 538–1321. opportunity to promote non-motorized In that event, the bridge would return to SUPPLEMENTARY INFORMATION: and less polluting alternatives to its regular operating schedule during the Background automobiles, such as bicycle use. Public third weekend. comments during the GMP/EIS process Cheesequake Creek is predominantly In 1973, the State of Georgia enacted also reflected the desire to increase the a recreational waterway. The bridge the Metropolitan River Protection Act use of bicycles off-road in the park rarely opens in the winter months when (MRPA) to ensure the protection of the through development of an this temporary deviation will be in corridor located within 2,000 feet of interconnected trail system. The final effect. each bank of the Chattahoochee River, GMP/EIS describes off-road bicycling on In accordance with 33 CFR 117.35(e), or the corridor located within the 100- trails as an appropriate use in the the bridge must return to its regular year floodplain, whichever is larger. developed, natural area recreation, and operating schedule immediately at the Five years after the enactment of the rustic zones. end of the designated repair period. MRPA, the United States Congress This deviation from the operating found that the: History of Trail Development regulations is authorized under 33 CFR natural, scenic, recreation, historic, and other This rule adds a special regulation for 117.35. values of a forty-eight mile segment of the CHAT, designating segments of trails in

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the Vickery Creek, Johnson Ferry South, multi-use trail for both pedestrians and National Recreation Area as routes for and Cochran Shoals units as multi-use bicyclists. The project will close and bicycle use (77 FR 40547). The proposed trails, allowing both pedestrian and revegetate heavily eroded social trails rule was available for a 60-day public bicycle use. and construct new trail segments along comment period, from July 10, 2012, the terrain contours, with natural and through September 10, 2012. Vickery Creek Unit sloping trail surfaces to allow for runoff In 2001, the City of Roswell planned during rain events, creating a Summary of and Responses to Public and constructed a multi-use paved trail sustainable, aesthetically pleasing trail Comment along the Chattahoochee River, a network. An existing multi-use trail Comments were accepted by email portion of which crosses the Vickery follows an old farm road that is used for and through the Federal eRulemaking Creek unit of CHAT. Pursuant to the park administrative purposes for 2.4 Portal: http://www.regulations.gov. The National Environmental Policy Act of miles, where off-road bicycling is NPS received 205 public comments 1969, the park completed a Categorical currently allowed. The final trail plan during the comment period. Of these Exclusion in 2001 that determined there has 3 miles of hiking-only trails and 6.7 responses, all but one expressed clear would be minimal impacts from the miles of multi-use trails allowing both support for the proposed rule. One of approximately 500-foot segment of pedestrians and bicycles. Public the responses was from an organization, paved multi-use trail that crosses a comments received during scoping and the rest were from individuals. The portion of the Vickery Creek unit. This overwhelmingly supported expanding organization that responded in support trail was constructed prior to the GMP/ access for bicycling in the Cochran of the proposed rule is the International EIS and was consistent with former park Shoals unit. Mountain Bicycling Association. There planning zones. During the EA process, some public were no responses from organizations Johnson Ferry South Unit comments raised concerns regarding opposed to the proposed rule. bicyclists and hikers sharing trails in The NPS received 204 comments in The January 2010 Proposed Trail Cochran Shoals, citing safety and support of the proposed rule. Connection Project Environmental erosion issues. Conflicts between Representative comments include: Assessment (EA) evaluated projects to pedestrians and bicyclists are primarily 1. I support the proposed regulation to improve trail connectivity and caused by the difference in speeds allow bicycles on the Sope Creek trails sustainability within the Bowmans between the users. Bicyclists can often in Chattahoochee River National Island West, Johnson Ferry South, and travel at higher speeds, and the speed Recreation area because: Cochran Shoals park units, including differential between bicyclists and (a) The new trails offer expanded new bicycle access in the Johnson Ferry pedestrians may reduce the access to bicycles and bring a unique South and Cochran Shoals units. The communication between the users, combination of recreational selected alternative in the EA for the startle pedestrians, and increase the opportunities to an urban area that is Johnson Ferry South unit includes odds of conflict. To minimize the starved for more diverse forms of construction of a 0.1 mile segment of potential for conflict, the Cochran recreation and ways to connect people new trail to connect the existing multi- Shoals trail network was designed to with natural resources; use trail on a park administrative road create a 6.7 mile loop-style system, (b) Mountain biking is a popular to a planned underpass below the rather than an out-and-back style trail, activity with children and will attract a Johnson Ferry Road Bridge. The existing thereby reducing traffic and congestion younger demographic to the park, 2.2 mile long trail is located on an old at any given point on the trail. The new helping to foster a love for outdoors and dirt farm roadbed that is currently being loop-style trail also reduces the number national parks; and used by both pedestrians and bicyclists. of users that could potentially cut (c) The Atlanta chapter of the The 0.1 mile trail segment will allow through or create unauthorized trails in Southern Off-Road Bicycle Association bicyclists and pedestrians to connect to order to avoid repetitive scenery. In has a long standing commitment to trail an alternative transportation network addition, park management will maintenance and education at both within and beyond the park implement directional traffic on the Chattahoochee River National boundary. The new 0.1 mile trail trails in the Johnson Ferry South and Recreation Area. segment will use sustainable design Cochran Shoals units to limit bicycle- 2. Outdoor recreation is difficult to principles including routing along the pedestrian conflicts. The find in the metro Atlanta area and often terrain contours, sloping the trail Superintendent will exercise discretion requires a long trip. This is a chance to surface to allow for runoff during rain to temporarily close bicycle access to increase recreational opportunities close events, and a natural trail surface. This these trails following a rain event to to the city, saving gas and time for local trail segment was evaluated by the EA, address issues concerning erosion and residents. and in March 2010 the park completed water quality impacts that were also 3. I support expanded bicycle use a Finding of No Significant Impact raised during the EA process. throughout Chattahoochee River (FONSI) which concluded that the The FONSI concluded that the National Recreation Area, which will selected alternative for the Johnson selected alternative for the Cochran promote outdoor exercise for Ferry South unit will not have a Shoals unit will not have a significant individuals and families and reduce significant adverse effect on the human adverse effect on the human congestion on trails currently open to environment. The Johnson Ferry South environment. The Cochran Shoals unit bicycling. unit is zoned in the GMP/EIS as a rustic is zoned in the GMP/EIS as a natural 4. Implementing directional travel of zone, which identifies off-road bicycling area recreation zone, which identifies bicycles can help to limit user conflict as an appropriate use. off-road bicycling as an appropriate use. and trail erosion. 5. Bicycling is a healthy, family Cochran Shoals Unit Notice of Proposed Rulemaking activity and can reduce obesity among The selected alternative in the EA for On July 10, 2012, the NPS published adults and children. the Cochran Shoals unit allows a Notice of Proposed Rulemaking for the 6. Expanded opportunities for pedestrian-only access on a number of designation of certain multi-use mountain biking will increase tourism trails, but also incorporates a loop-style pathways in Chattahoochee River and benefit local economies.

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One comment expressed a limited developed this rule in a manner Federalism (Executive Order 13132) objection to the proposed rule, which is consistent with these requirements. Under the criteria in section 1 of summarized below along with the NPS Regulatory Flexibility Act (RFA) Executive Order 13132, this rule does response. not have sufficient federalism 1. Comment: We are adjacent This rule will not have a significant implications to warrant the preparation neighbors to the Sope Creek/Cochran economic effect on a substantial number of a Federalism summary impact Shoals area and have a view of one of of small entities under the RFA (5 statement. This rule only affects use of the trails that is proposed to be opened U.S.C. 601 et seq.). There are no NPS administered lands and waters and to bicycles. Although bicycles are not businesses in the surrounding area has no outside effects on other areas. A currently allowed on the trail, we have economically dependent on bicycle use Federalism summary impact statement observed frequent bicycle use on the on these trails. The park does not have is not required. trail, which runs down a ridgeline. any bicycle rental concessioners and the Cyclists start at the top of the hill and users are mainly private individuals Civil Justice Reform (Executive Order head down the trail at a rapid pace, using the trails for recreational 12988) creating a danger for pedestrians and purposes. This certification is based on This rule complies with the others at the lower end of the trail. We the cost-benefit and regulatory requirements of Executive Order 12988. suggest making bicycle traffic one-way flexibility analysis found in the report Specifically, this rule: along the trail in the uphill direction, entitled ‘‘Cost-Benefit and Regulatory (a) Meets the criteria of section 3(a) eliminating the potential danger. Flexibility Analysis: Proposed requiring that all regulations be Response: The NPS recognizes the Regulations for Trail Management in reviewed to eliminate errors and potential for conflicts between Chattahoochee River National ambiguity and be written to minimize pedestrians and bicyclists and included Recreation Area’’ which can be viewed litigation; and language in the proposed rule regarding on the park’s planning Web site, (b) Meets the criteria of section 3(b)(2) the implementation of directional traffic http://www.nps.gov/chat/parkmgmt/ requiring that all regulations be written for bicycles on the trails in the Cochran planning.htm, then clicking on the link in clear language and contain clear legal Shoals unit. Directional traffic will be entitled ‘‘Chattahoochee River Trail standards. implemented on all of the trails Connection Plan.’’ included in the loop-style system, Consultation With Indian Tribes which will reduce the potential for Small Business Regulatory Enforcement (Executive Order 13175) congestion and conflict throughout the Fairness Act (SBREFA) The Department of the Interior strives unit. Specific guidelines for the to strengthen its government-to- directional system will be developed This rule is not a major rule under 5 government relationship with Indian and communicated to the public prior to U.S.C. 804(2), the SBREFA. This rule: Tribes through a commitment to implementation of the new regulation. (a) Does not have an annual effect on consultation with Indian Tribes and the economy of $100 million or more. recognition of their right to self- Changes From the Proposed Rule (b) Will not cause a major increase in governance and tribal sovereignty. We After consideration of the public costs or prices for consumers, have evaluated this rule under the comments, the park has decided that no individual industries, Federal, State, or Department’s consultation policy and changes are necessary in the final rule. local government agencies, or under the criteria in Executive Order Compliance With Other Laws, geographic regions. 13175 and have determined that it has Executive Orders and Department (c) Does not have significant adverse no substantial direct effects on federally Policy Regulatory Planning and Review effects on competition, employment, recognized Indian tribes and that (Executive Order 12866 and 13563) investment, productivity, innovation, or consultation under the Department’s tribal consultation policy is not Executive Order 12866 provides that the ability of U.S.-based enterprises to compete with foreign-based enterprises. required. Representatives of the tribes the Office of Information and Regulatory potentially affiliated with CHAT were Affairs (OIRA) will review all significant Unfunded Mandates Reform Act contacted during the preparation of the rules. OIRA has determined that this (UMRA) EA. rule is not significant. Executive Order 13563 reaffirms the This rule does not impose an Paperwork Reduction Act (PRA) principles of Executive Order 12866 unfunded mandate on State, local, or This rule does not contain while calling for improvements in the tribal governments or the private sector information collection requirements, nation’s regulatory system to promote of more than $100 million per year. The and a submission under the Paperwork predictability, to reduce uncertainty, rule does not have a significant or Reduction Act is not required. and to use the best, most innovative, unique effect on State, local or tribal and least burdensome tools for governments or the private sector. It National Environmental Policy Act achieving regulatory ends. The addresses public use of national park (NEPA) executive order directs agencies to lands, and imposes no requirements on This rule does not constitute a major consider regulatory approaches that other agencies or governments. A Federal action significantly affecting the reduce burdens and maintain flexibility statement containing the information quality of the human environment. A and freedom of choice for the public required by the UMRA (2 U.S.C. 1531 et detailed statement under the NEPA is where these approaches are relevant, seq.) is not required. not required because (i) the selected feasible, and consistent with regulatory Takings (Executive Order 12630) action for the Vickery Creek unit is objectives. Executive Order 13563 covered by a categorical exclusion and emphasizes further that regulations Under the criteria in section 2 of (ii) we reached a FONSI for the selected must be based on the best available Executive Order 12630, this rule does actions for the Johnson Ferry South and science and that the rulemaking process not have significant takings Cochran Shoals units. We have also must allow for public participation and implications. A takings implication determined that this rule does not an open exchange of ideas. We have assessment is not required. involve any of the extraordinary

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circumstances listed in 43 CFR 46.215 available in the office of the commonly referred to as an that would require further analysis of Superintendent and online at ‘‘infrastructure’’ SIP. On October 19, the selected action for the Vickery Creek www.nps.gov/chat/planyourvisit/bike- 2009, TDEC made a SIP submission to unit under NEPA. A copy of the EA and maps.htm. certify that the Tennessee SIP already FONSI can be downloaded from the (4) How will the Superintendent contains provisions that ensure the 2008 park’s planning Web site, http:// manage the designated bicycle routes? 8-hour ozone NAAQS are implemented, www.nps.gov/chat/parkmgmt/ (i) The Superintendent may open or enforced, and maintained in Tennessee planning.htm, then clicking on the link close designated bicycle routes, or (hereafter referred to as ‘‘infrastructure entitled ‘‘Chattahoochee River Trail portions thereof, or impose conditions submission’’). On March 23, 2012, TDEC Connection Plan.’’ or restrictions for bicycle use after submitted a letter requesting conditional taking into consideration public health approval of the infrastructure Effects on the Energy Supply (Executive and safety, natural and cultural resource submission with respect to the Order 13211) protection, carrying capacity and other requirements in its SIP applicable to This rule is not a significant energy management activities and objectives. state boards. On October 4, 2012, action under the definition in Executive (ii) Following a rain event, the Tennessee submitted a letter requesting Order 13211. A Statement of Energy Superintendent may exercise discretion conditional approval of infrastructure Effects in not required. to temporarily close the trails in the submission with respect to requirements in its SIP with respect to requirements Drafting Information Johnson Ferry South and Cochran Shoals units to mitigate soil erosion and applicable to its permitting program for The primary authors of this regulation water quality impacts from bicycle use. prevention of significant deterioration were Joel Brumm, Chattahoochee River (iii) The Superintendent will provide (PSD) increments. With the exception of National Recreation Area, and Jay P. public notice of all such actions through elements pertaining to PSD increments Calhoun, Regulations and Special Park one or more of the methods listed in and state board requirements, Uses, National Park Service. § 1.7 of this chapter. Tennessee’s infrastructure submission, List of Subjects in 36 CFR Part 7 (iv) Violating a closure, condition, or provided to EPA on October 19, 2009, restriction is prohibited. addresses all the applicable National parks, Reporting and (b) [Reserved] infrastructure SIP requirements for the recordkeeping requirements. Dated: February 21, 2013. 2008 8-hour ozone NAAQS. At this In consideration of the foregoing, the time, there are no outstanding Rachel Jacobson, National Park Service amends 36 CFR infrastructure submission requirements part 7 as set forth below: Principal Deputy Assistant Secretary for Fish for Tennessee with respect to significant and Wildlife and Parks. contribution to nonattainment or PART 7—SPECIAL REGULATIONS, [FR Doc. 2013–05250 Filed 3–5–13; 8:45 am] interference with maintenance of the AREAS OF THE NATIONAL PARK BILLING CODE 4312–EJ–P 2008 8-hour ozone NAAQS. SYSTEM DATES: Effective Date: This rule will be effective April 5, 2013. ■ 1. The authority for part 7 continues ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a to read as follows: AGENCY docket for this action under Docket Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. Identification No. EPA–R04–OAR– 7.96 also issued under 36 U.S.C. 501–511, 40 CFR Part 52 2012–0237. All documents in the docket D.C. Code 10–137 (2001) and D.C. Code 50– [EPA–R04–OAR–2012–0237; FRL–9787–6] 2201.07 (2001). are listed on the www.regulations.gov Web site. Although listed in the index, ■ 2. Add § 7.90 to read as follows: Approval and Promulgation of some information is not publicly Implementation Plans; Tennessee; § 7.90 Chattahoochee River National available, i.e., Confidential Business 110(a)(1) and (2) Infrastructure Recreation Area. Information or other information whose Requirements for the 2008 8-Hour (a) Bicycling. (1) Where may I ride a disclosure is restricted by statute. Ozone National Ambient Air Quality Certain other material, such as bicycle within Chattahoochee River Standards National Recreation Area? The copyrighted material, is not placed on following routes are designated for AGENCY: Environmental Protection the Internet and will be publicly bicycle use: Agency (EPA). available only in hard copy form. (i) The approximately 500-foot-long ACTION: Final rule. Publicly available docket materials are segment of paved multi-use trail along available either electronically through the Chattahoochee River located within SUMMARY: EPA is taking final action to www.regulations.gov or in hard copy at the boundary of the Vickery Creek unit. approve in part, and conditionally the Regulatory Development Section, (ii) The approximately 2.2-mile-long approve in part, the State Air Planning Branch, Air, Pesticides and multi-use trail in the Johnson Ferry Implementation Plan (SIP) submission, Toxics Management Division, U.S. South unit that connects to the bridge submitted by the State of Tennessee, Environmental Protection Agency, underpass at Johnson Ferry Road. through the Tennessee Department of Region 4, 61 Forsyth Street SW., (iii) The approximately 6.7-mile-long Environment and Conservation (TDEC), Atlanta, Georgia 30303–8960. EPA loop-style multi-use trail in the Cochran to demonstrate that the State meets the requests that if at all possible, you Shoals unit. infrastructure requirements of Clean Air contact the person listed in the FOR (2) Will the routes be identified on the Act (CAA or Act) for the 2008 8-hour FURTHER INFORMATION CONTACT section to ground? Yes, the three trails will be ozone national ambient air quality schedule your inspection. The Regional posted at trail junctions indicating they standards (NAAQS). The CAA requires Office’s official hours of business are are open to bicycle use. that each state adopt and submit a SIP Monday through Friday, 8:30 a.m. to (3) Where can I find maps depicting for the implementation, maintenance, 4:30 p.m. excluding Federal holidays. routes designated for bicycle use? Maps and enforcement of each NAAQS FOR FURTHER INFORMATION CONTACT: depicting designated bicycle routes are promulgated by EPA, which is Nacosta C. Ward, Regulatory

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Development Section, Air Planning applicable infrastructure SIP which EPA proposed to approve in part, Branch, Air, Pesticides and Toxics requirements that are the subject of this and conditionally approve in part.5 See Management Division, U.S. rulemaking are listed below.1 77 FR 50651. Environmental Protection Agency, • 110(a)(2)(A): Emission limits and EPA proposed conditional approval in Region 4, 61 Forsyth Street SW., other control measures. part for element 110(a)(2)(E)(ii) because, Atlanta, Georgia 30303–8960. The • 110(a)(2)(B): Ambient air quality while Tennessee’s SIP does not telephone number is (404) 562–9140. monitoring/data system. currently contain provisions to address Ms. Ward can be reached via electronic • 110(a)(2)(C): Program for the requirements of CAA section mail at [email protected]. enforcement of control measures.2 128(a)(1), the State committed in a letter • SUPPLEMENTARY INFORMATION: 110(a)(2)(D)(i)(II): Interstate dated March 28, 2012, to submit, within transport (PSD and visibility prongs).3 one year, specific enforceable measures Table of Contents • 110(a)(2)(E): Adequate resources. to EPA for incorporation into the SIP to • I. Background 110(a)(2)(F): Stationary source address these requirements. EPA II. Response to Comments monitoring system. proposed approval of the state’s III. This Action • 110(a)(2)(G): Emergency power. infrastructure SIP submission in part, IV. Final Action • 110(a)(2)(H): Future SIP revisions. for section 110(a)(2)(E)(ii) because the V. Statutory and Executive Order Reviews • 110(a)(2)(I): Areas designated State’s implementation plan already nonattainment and meet the applicable I. Background contains adequate provisions to address requirements of part D.4 the requirements of CAA section • Upon promulgation of a new or 110(a)(2)(J): Consultation with 128(a)(2). See 77 FR 50651; August 22, revised NAAQS, sections 110(a)(1) and government officials; public 2012. (2) of the CAA require states to address notification; and PSD and visibility With respect to the PSD requirements basic SIP requirements, including protection. of sections 110(a)(2)(C), emissions inventories, monitoring, and • 110(a)(2)(K): Air quality modeling/ 110(a)(2)(D)(i)(II) (hereafter referred to modeling to assure attainment and data. as prong 3 of 110(a)(2)(D)(i)),6 and maintenance for that new NAAQS. • 110(a)(2)(L): Permitting fees. 110(a)(2)(J) for the 2008 8-hour ozone • Section 110(a) of the CAA generally 110(a)(2)(M): Consultation/ NAAQS, EPA published a supplemental requires states to make a SIP submission participation by affected local entities. proposal on December 3, 2012. In this to meet applicable requirements in On August 22, 2012, EPA proposed to supplemental notice, EPA proposed order to provide for the implementation, approve Tennessee’s October 19, 2009, conditional approval of Tennessee’s maintenance, and enforcement of a new 2008 8-hour ozone NAAQS infrastructure SIP submission for these or revised NAAQS within 3 years infrastructure SIP submission except as elements of section 110(a)(2) for the following the promulgation of such it related to section 110(a)(2)(E)(ii), 2008 8-hour ozone NAAQS.7 See 77 FR NAAQS, or within such shorter period 71568, December 3, 2012. As described as EPA may prescribe. These SIP 1 Two elements identified in section 110(a)(2) are in the supplemental proposal, on not governed by the three year submission deadline submissions are commonly referred to October 4, 2012, Tennessee submitted a as ‘‘infrastructure’’ SIP submissions. of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not request for conditional approval of the Section 110(a) imposes the obligation due within three years after promulgation of a new State’s infrastructure SIP submission upon states to make an infrastructure or revised NAAQS, but rather due at the time the with respect to sections 110(a)(2)(C), nonattainment area plan requirements are due SIP submission to EPA for a new or prong 3 of 110(a)(2)(D)(i), and revised NAAQS, but the contents of that pursuant to other provisions of the CAA for submission of SIP revisions specifically applicable 110(a)(2)(J), specifically as they relate to submission may vary depending upon for attainment planning purposes. These PSD program requirements and the State the facts and circumstances. In requirements are: (1) Submissions required by committed to address the SIP section 110(a)(2)(C) to the extent that subsection particular, the data and analytical tools deficiencies by submitting specific available at the time the state develops refers to a permit program as required in part D Title I of the CAA; and (2) submissions required by and submits the infrastructure SIP for a section 110(a)(2)(I) which pertain to the 5 As discussed in the proposed rule for today’s new or revised NAAQS affect the nonattainment planning requirements of part D, action, section 110(a)(2)(E)(ii) requires that the SIP content of the submission. The contents Title I of the CAA. Today’s proposed rulemaking include provisions necessary to meet the of such infrastructure SIP submissions does not address infrastructure elements related to requirements of section 128 of the CAA. See 77 FR section 110(a)(2)(I) or the nonattainment planning may also vary depending upon what 50651. requirements of 110(a)(2)(C). 6 Section 110(a)(2)(D)(i) includes four provisions the state’s existing SIP 2 This rulemaking only addresses requirements requirements referred to as prongs 1 through 4. already contains. In the case of the 2008 for this element as they relate to attainment areas. Prongs 1 and 2 are provided at section 8-hour ozone NAAQS, states typically 3 Today’s final rule does not address section 110(a)(2)(D)(i)(I); prongs 3 and 4 are provided at have met the basic program elements 110(a)(2)(D)(i)(I) (the significant contribution to section 110(a)(2)(D)(i)(II). Today’s conditional nonattainment prong or the interfere with approval only relates to the PSD requirements of required in section 110(a)(2) through maintenance prong) for the 2008 8-hour Ozone section 110(a)(2)(D)(i)(II), also known as prong 3. earlier SIP submissions in connection NAAQS, which as described in greater detail below, 7 EPA originally proposed approval of these with previous ozone NAAQS. EPA does not presently view as a ‘‘required elements as they related to PSD requirements. See More specifically, section 110(a)(1) submission’’ consistent with the D.C. Circuit 77 FR 50651. EPA is not taking action to finalize Court’s recent opinion in EME City Generation v. the proposed approvals for these elements, rather, provides the procedural and timing EPA, 696 F.3d 7, 31 (D.C. Cir. 2012). In that EPA is today taking action to finalize conditional requirements for SIPs. Section 110(a)(2) opinion, the D.C. Circuit Court concluded that a SIP approval for these elements as they relate to PSD lists specific elements that states must submission to address section 110(a)(2)(D)(i)(I) for requirements based upon the December 3, 2012, meet for infrastructure SIP requirements a new or revised NAAQS cannot be considered a supplement proposal. See 77 FR 71568. As ‘‘required’’ SIP submission until EPA has first described in the December 3, 2012, supplemental related to a newly established or revised defined a state’s obligations pursuant to that proposal, Tennessee’s SIP currently does not NAAQS. As mentioned above, these section. See EME Homer City, 696 F.3d at 32 (‘‘A contain the requisite PM2.5 PSD increments requirements include basic structural SIP logically cannot be deemed to lack a ‘required necessary to satisfy these requirements. SIP elements such as modeling, submission’ or deemed to be deficient for failure to Accordingly, EPA is finalizing a conditional meet the good neighbor obligation before EPA approval of Tennessee’s infrastructure SIP monitoring, and emissions inventories quantifies the good neighbor obligation.’’) submission based upon the state’s commitment to that are designed to assure attainment 4 This requirement as mentioned above is not rectify this concern with respect to this structural and maintenance of the NAAQS. The relevant to today’s proposed rulemaking. deficiency in Tennessee’s current PSD program.

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enforceable SIP revisions to address scope of the supplemental proposal meantime, and unless the EME Homer PM2.5 PSD increments. This letter of which addressed only certain issues City decision is reversed or otherwise commitment meets the requirements of associated with PSD rules as they modified, EPA intends to act in section 110(k)(4) of the CAA. impacted Tennessee’s infrastructure accordance with the panel opinion in Tennessee’s October 4, 2012, letter can submittal for CAA sections 110(a)(2)(C) the EME Homer City opinion. Thus, be accessed at www.regulations.gov and (J), and prong 3 of 110(a)(2)(D)(i), although EPA historically has using Docket ID No. EPA–R04–OAR– for the 2008 8-hour ozone NAAQS. interpreted section 110(a)(1) of the CAA 2012–0237. Instead, the comments primarily as establishing the required submittal Finally, EPA notes that this final concerned the interstate transport date for infrastructure SIP submissions action on Tennessee’s infrastructure SIP requirements of section 110(a)(2)(D)(i)(I) to address all of the ‘‘interstate submission for the 2008 8-hour ozone (prongs 1 and 2). These requirements transport’’ requirements in section NAAQS is required not only by section were not at issue in either the original 110(a)(2)(D), including the provisions in 110(k), but also by order issued by the August 22, 2012, proposal notice, or the section 110(a)(2)(D)(i)(I) regarding U.S. District Court for the Northern December 3, 2012, supplemental notice, significant contribution to District of California in WildEarth because the State had by this point nonattainment and interference with Guardians v. Jackson, Case No. 11–CV– already withdrawn that portion of the maintenance, it would not be consistent 5651 YGR. In an October 17, 2012, order infrastructure SIP submission that was with the EME Homer City opinion for granting partial summary judgment in intended to address section EPA to make a finding that Tennessee the case, as modified in a December 7, 110(a)(2)(D)(i)(I) for the 2008 8-hour has failed to make a SIP submission to 2012, order granting in part EPA’s ozone NAAQS. As the supplemental address section 110(a)(2)(D)(i)(I) for the motion for an amended order, that court proposal specifically provided at 2008 ozone NAAQS at this time. See 78 directed EPA to take final action upon footnote 5, EPA is not addressing FR 2882, 2884–85 (January 15, 2012) the infrastructure SIP at issue in this section 110(a)(2)(D(i)(I) requirements (explaining why EPA did not make action by March 4, 2013. With respect through this action. See 77 FR 71568, findings of failure to submit with to Tennessee, the court specifically 71570. Even though EPA may not be respect to 110(a)(2)(D)(i)(I) for the 2008 ordered EPA to act upon the obligated to respond to the comments ozone NAAQS). Accordingly, EPA is not infrastructure SIP submission made by outside the scope of the December 3, making a finding of failure to submit for the state on October 19, 2009, as 2012, supplemental proposal, EPA section 110(a)(2)(D)(i)(I) for Tennessee revised/withdrawn in part on July 3, nonetheless provides the following for the 2008 8-hour ozone NAAQS at 2012. The court specifically explained responses in order to assist in the public this time. in the December 7, 2012, amended order understanding of EPA’s final action. Comment 2: One Commenter that ‘‘EPA is being ordered to assess the Comment 1: The Commenters contend contends that EPA must disapprove the remaining submissions, i.e., the revised that under section 110(k) of the Act, section 110(a)(2)(D)(i)(I) portion of SIP from Kentucky and the non- EPA must make a finding that Tennessee’s submittal (referred to by the withdrawn portion of the Tennessee Tennessee has failed to submit an Commenter as the ‘‘good neighbor’’ SIP.’’ (emphasis in the original). interstate transport SIP to meet the provisions) because it fails to include Accordingly, EPA is taking final action requirements of infrastructure element adequate provisions to meet the upon Tennessee’s infrastructure SIP for 110(a)(2)(D)(i)(I) (prongs 1 and 2). requirements of this subsection. the 2008 8-hour ozone NAAQS in its Response 1: EPA does not agree with Response 2: EPA does not agree with revised form, which reflects Tennessee’s the Commenter. As noted above, this the Commenter. First, this comment is withdrawal of the portion of the original comment is beyond the scope of the beyond the scope of the supplemental submission intended to address section supplemental action proposed in the action proposed in the December 3, 110(a)(2)(D)(i)(I). As explained in more December 3, 2012, rulemaking, which 2012, rulemaking, which was limited to detail in response to relevant comments, was limited to the above-described PSD- the above-described PSD-related EPA is addressing the requirements of related elements. Moreover, the D.C. elements. Second, the element of the section 110(a)(2)(D)(i)(I) consistent with Circuit Court’s recent opinion in EME SIP submission to which the the opinion of the D.C. Circuit Court’s City Generation v. EPA, 696 F.3d 7, 31 Commenter refers was withdrawn by opinion in EPA Homer City Generation (D.C. Cir. 2012), concluded that a SIP Tennessee. On July 3, 2012, Tennessee v. EPA, 696 F.3d 7 (D.C. Cir. 2012). submission to address section withdrew the portion of its SIP 110(a)(2)(D)(i)(I) for a new or revised submittal addressing 110(a)(2)(D)(i)(I). II. Response to Comments NAAQS cannot be considered a Thus, this portion of the submittal is no EPA received no comments on the ‘‘required’’ SIP submission until EPA longer before EPA and the Agency does initial August 22, 2012, notice has first defined a state’s obligations not interpret the CAA as requiring that proposing action on Tennessee’s pursuant to that section. See EME EPA take action, either to approve or infrastructure SIP submission for the Homer City, 696 F.3d at 32 (‘‘A SIP disapprove under section 110(k), on 2008 8-hour ozone NAAQS. EPA logically cannot be deemed to lack a submissions not before EPA. EPA does received two sets of comments on the ‘required submission’ or deemed to be not interpret the CAA to mandate that December 3, 2012, supplemental deficient for failure to meet the good EPA take action on a submission that a proposed rulemaking in which EPA neighbor obligation before EPA state has withdrawn (i.e., withdrawing proposed conditional approval of the quantifies the good neighbor the request that EPA take action on the State’s infrastructure SIP submission as obligation.’’) On January 24, 2013, the submittal). Third, as a result of the meeting the applicable requirements of D.C. Circuit issued an order denying all decision of the D.C. Circuit in EME CAA sections 110(a)(2)(C) and (J), and petitions for rehearing of the EME Homer City, that court has concluded prong 3 of section 110(a)(2)(D)(i) for the Homer City decision. At this time, that states, including Tennessee, have 2008 8-hour ozone NAAQS. A summary however, the deadline for asking the no obligation to make a SIP submission of the comments and EPA’s responses Supreme Court to review the D.C. to address section 110(a)(2)(D)(i)(I) for a are provided below. Circuit’s decision has not passed and new or revised NAAQS until EPA has EPA notes that the majority of the the United States has not yet decided first defined a state’s obligations comments received are well beyond the whether to seek further appeal. In the pursuant to that section.

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As a result, EPA does not agree with approvals stipulated in that section. respect to the 1997 ozone and 1997 the Commenter that EPA has an This authority to approve the States’ SIP annual PM2.5 NAAQS. See 70 FR 25162. obligation to disapprove the revisions in separable parts was EPA promulgated CAIR long before it 110(a)(2)(D)(i)(I) portion of the included in the 1990 Amendments to promulgated the 2008 8-hour ozone Tennessee SIP submittal that was the CAA to overrule a decision in the NAAQS, and CAIR did not, in any way, withdrawn. The Commenter does not Court of Appeals for the Ninth Circuit address interstate transport point to any statutory authority which holding that EPA could not approve requirements related to the 2008 8-hour requires EPA to disapprove a non- individual measures in a plan ozone NAAQS.8 For these reasons CAIR required SIP submission not presently submission without either approving or is not relevant to Tennessee’s section before EPA, and for which a state has disapproving the plan as a whole. See 110(a)(2)(D)(i)(I) obligation with respect specifically requested that EPA not take S. Rep. No. 101–228, at 22, 1990 to the 2008 ozone NAAQS. action (by formally withdrawing the U.S.C.C.A.N. 3385, 3408 (discussing the Comment 5: One Commenter notes voluntary submission from EPA review). express overruling of Abramowitz v. that EPA proposed to conditionally In situations where all or a portion of EPA, 832 F.2d 1071 (9th Cir. 1987)). approve certain portions of Tennessee’s a required state submission has been As such, the Agency interprets its infrastructure SIP, while leaving other withdrawn following a section authority under sections 110(k)(3) and infrastructure elements to be addressed 110(k)(1)(B) completeness (k)(4), as affording EPA the discretion to in a separate rulemaking. The determination, the Agency has the approve or conditionally approve Commenter contends that EPA ‘‘does authority to issue a finding that a state individual elements of Tennessee’s not have the authority to approve some has failed to submit such required infrastructure submission for the 2008 provisions of a SIP while deferring submission pursuant to section 8-hour ozone NAAQS, separate and action on other mandatory provisions 110(k)(1)(B). In accordance with the apart from any action with respect to the once the 12-month mandatory requirements of section 110(c)(1)(A), requirements of section 110(a)(2)(D)(i)(I) determination deadline to act on an such a finding of failure to submit a with respect to that NAAQS. EPA views administratively complete SIP submittal complete required SIP submission discrete infrastructure SIP requirements, has run.’’ The Commenter asserts that would trigger EPA’s obligation to such as the requirements of because Tennessee has withdrawn the promulgate a federal implementation 110(a)(2)(D)(i)(I), as severable from the ‘‘good neighbor’’ provisions of its SIP plan unless the state corrected the other infrastructure elements and submittal, the submittal ‘‘fails to include deficiency. As discussed above in the interprets section 110(k)(3) as allowing adequate provisions ‘prohibiting* * * response to comment 1, however, it it to Act on individual severable any source or other type of emissions would not be consistent with the EME measures in a plan submission. In short, activity within the State from emitting Homer City decision for EPA to make a EPA believes that even if the SIP any air pollutant in amounts which will finding of failure to submit for submission for section 110(a)(2)(D)(i)(I) contribute significantly to Tennessee with respect to section were now relevant, which it is not, it nonattainment, or interfere with 110(a)(2)(D)(i)(I) for the 2008 8-hour would still have discretion under maintenance by, any other State’ with ozone NAAQS at this time. section 110(k) to act upon the various respect to the 2008 8-hour ozone Comment 3: The Commenters contend individual elements of the state’s NAAQS.’’ Therefore, the Commenter that EPA lacks authority to approve or infrastructure SIP submission, concludes, ‘‘EPA is required to conditionally approve the balance of separately or together, as appropriate. disapprove the ‘good neighbor’ portions Tennessee’s infrastructure SIP The Commenters raise no compelling of the Tennessee SIP.’’ The Commenter submission despite the State’s legal or environmental rationale for an asserts that ‘‘[s]ince the statutory withdrawal of the portion of the SIP alternate interpretation. deadline has past under which EPA is originally submitted to comply with Comment 4: The Commenters contend required to act on the 2008 8-hour ozone section 110(a)(2)(D)(i)(I). One that compliance with the Clean Air NAAQS SIP submittals, EPA has no Commenter contends that the ‘‘Clean Interstate Rule (CAIR) is not relevant to authority to indefinitely postpone ruling Air Act gives EPA no discretion to Tennessee’s obligation under the CAA on all the required infrastructure SIP approve a SIP without the good to submit a SIP addressing the elements, including the 110(a)(2)(D)(i)(I) neighbor provision on the grounds that requirements of section 110(a)(2)(D)(i)(I) portions of Tennessee’s SIP submittal.’’ it intends to address Tennessee’s with respect to the 2008 ozone NAAQS. The Commenter asserts that this [section] 110(a)(2)(D)(i)(I) obligations in Response 4: EPA agrees with the approach is consistent with the logic a separate action. There is no separate substance of this comment, but does not espoused in an October 17, 2012, court action available to EPA under the Clean agree that it is relevant for this action. order granting partial summary As described above, and in the Air Act to address a state’s failure to judgment to the plaintiffs in the case supplemental proposal associated with satisfy its good neighbor obligations WildEarth Guardians v. Jackson, Case today’s action, EPA is not taking any aside from the promulgation of a No. 11–CV–5651 YGR. Federal Implementation Plan within action through this rulemaking with Response 5: As an initial matter, EPA two-years pursuant to section 110(c)(1) respect to Tennessee’s obligations does not agree with the Commenter that of the Clean Air Act.’’ pursuant to section 110(a)(2)(D)(i)(I) for it is prohibited from acting on portions Response 3: EPA does not agree with the 2008 8-hour ozone NAAQS; of an infrastructure SIP submission on the Commenter. Section 110(k)(3) of the therefore, this comment is not relevant an element by element basis, or in Act authorizes EPA to approve a plan in to today’s action. As a general matter, whatever combination of elements that full, disapprove it in full, or approve it however, EPA agrees that compliance in part and disapprove it in part, with CAIR is not relevant to a state’s 8 Moreover, in its decision granting the petitions depending on the extent to which such obligations under section for review of CAIR, the DC Circuit held that plan meets the requirements of the Act. 110(a)(2)(D)(i)(I) for purposes of the compliance with CAIR did not constitute Section 110(k)(4) of the Act explicitly 2008 8-hour ozone NAAQS. CAIR was compliance with section 110(a)(2)(D)(i)(I) even for authorizes EPA to use conditional promulgated by EPA in 2005 to address, the NAAQS that were addressed by CAIR—namely the 1997 ozone and 1997 annual PM2.5 NAAQS. See approval, consistent with the for certain states, the requirements of North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. parameters for such conditional CAA section 110(a)(2)(D)(i)(I) with 2008).

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may be appropriate in a given action. As aforementioned determination not to 110(a)(2)(D)(i)(I) SIP submission was noted above, the language which issue a finding of failure to submit for optional, Tennessee remains free not to Congress ultimately included in section section 110(a)(2)(D)(i)(I) at this time, make such a SIP submission or to 110(k) allowing EPA to approve a plan consistent with the decision in EME withdraw such a submission without in full, disapprove it in full, or approve Homer City, fully satisfy the Agency’s penalty. Moreover, EPA has no it in part and disapprove it in part was obligations under the December 7, 2012, authority to disapprove an added to overrule the portion of the court order in WildEarth Guardians v. infrastructure SIP submission which is decision Abramowitz v. EPA, 832 F. 2d Jackson, with respect to the Tennessee no longer pending before the Agency or 1071 (9th Cir. 1987), which held that SIP submittal at issue. to find that a state failed to submit a SIP EPA could not approve individual Comment 6: One Commenter argued submission to meet the requirements of measures in a plan submission without that EPA should disapprove the SIP section 110(a)(2)(D)(i)(I) at this time either approving or disapproving the submission from Tennessee with respect under the EME Homer City decision. plan as a whole. See S. Rep. No. 101– to section 110(a)(2)(D)(i) for the 2008 III. This Action 228 (1989), reprinted at 1990 ozone NAAQS because ‘‘EPA’s own U.S.C.C.A.N. 3385, 3402. modeling conducted in support of the In this rulemaking, EPA is taking final Further, the Commenter appears to Cross State Air Pollution Rule action to approve Tennessee’s misunderstand what actions EPA is now * * *identified Tennessee as a state infrastructure submission as taking. EPA does not intend to which contributes at least one percent of demonstrating that the State meets the ‘‘indefinitely postpone’’ action with the 2008 8-hour ozone NAAQS to applicable requirements of sections respect to the other required elements of Maryland’s nonattainment.’’ Thus, the 110(a)(1) and (2) of the CAA for the Tennessee’s infrastructure SIP Commenter argued that EPA’s ‘‘delay in 2008 8-hour ozone NAAQS, with the submission for the 2008 8-hour ozone disapproving’’ the submission would exception of sections 110(a)(2)(C), prong NAAQS. In the December 3, 2012, adversely impact the ability of the State 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) supplemental proposal, EPA explained of Maryland to provide for attainment of pertaining to PSD increments, and the that it had previously proposed the 2008 ozone NAAQS within that portion of section 110(a)(2)(E)(ii) approval, on August 22, 2012, for the state, consistent with the statutory pertaining to section 128(a)(1) majority of other sections of Tennessee’s schedule for attainment of the NAAQS. requirements. EPA is taking no action 2008 8-hour ozone infrastructure SIP Response 6: EPA acknowledges the with respect to section 110(a)(2)(D)(i)(I) submission relevant to the applicable Commenter’s concern that interstate for the 2008 ozone NAAQS in this elements of section 110(a)(2). See 77 FR transport of ozone and ozone precursors rulemaking because no such action is 50651. EPA is today finalizing its from upwind states to downwind states required at this time for this State. EPA proposed approval of the infrastructure may have adverse consequences on the will be taking action on SIP submission for those other elements. ability of downwind areas to attain the 110(a)(2)(D)(i)(I), if required, in a Notably, the Commenter did not NAAQS in a timely fashion. It is for this separate future action. comment on the timing of EPA’s action reason that EPA attempted, through the With respect to section 110(a)(2)(E)(ii) with respect to these other sections of Cross State Air Pollution Rule (CSAPR), specifically pertaining to section the Tennessee 2008 8-hour ozone to address emissions found to contribute 128(a)(1) requirements, EPA is finalizing infrastructure SIP submission at the significantly to nonattainment of, or a conditional approval for this portion time EPA proposed action on those interfere with maintenance of, the 1997 of Tennessee’s infrastructure SIP sections. Therefore, the Commenter’s ozone NAAQS. The modeling done for submission for the 2008 8-hour ozone concerns regarding the timing of EPA’s CSAPR, however, did not address the NAAQS. action on these other elements are not 2008 ozone NAAQS and EPA did not, Today’s final action to conditionally properly raised in comments to the in the CSAPR itself or in the modeling approve of the portion of element December 3, 2012, rulemaking which done during development of the rule, 110(a)(2)(E)(ii) related to the section was limited to the PSD elements draw any conclusions regarding 128(a)(1) requirements is based upon a contained sections 110(a)(2)(C) and (J), interstate transport with respect to the March 28, 2012, commitment letter and prong 3 of 110(a)(2)(D)(i). 2008 ozone NAAQS. Moreover, the D.C. submitted by Tennessee to EPA. In addition, EPA notes that the Circuit, in its recent decision vacating Tennessee’s March 28, 2012, letter can October 17, 2012, court order referenced the CSAPR, held that states are not be accessed at www.regulations.gov by the Commenter was subsequently required to submit SIPs addressing the using Docket ID No. EPA–R04–OAR– amended by the court on December 7, requirements of section 110(a)(2)(D)(i)(I) 2011–0353. Through this letter, 2012, to extend EPA’s deadline for until EPA has quantified their obligation Tennessee committed to adopt specific action on the Tennessee submittal under that provision. See EME Homer enforceable measures to address current through March 4, 2013. In that amended City, 696 F.3d 7 (D.C. Cir. 2012). The deficiencies in its SIP related to section order, the court also clarified that it EME Homer City decision was issued in 128(a)(1) requirements. This letter of intended EPA to act on Tennessee’s August of 2012, and on January 24, commitment meets the requirements of October 19, 2009, as revised/withdrawn 2013, the court denied all petitions for section 110(k)(4) of the CAA, and as in part on July 3, 2012. The court rehearing. At this time, however, the such, EPA is relying upon this specifically explained in the December deadline for asking the Supreme Court commitment to conditionally approve 7, 2012, amended order that ‘‘EPA is to review the D.C. Circuit’s decision has section 110(a)(2)(E)(ii) as it relates to the being ordered to assess the remaining not passed and the United States has not requirements of section 128(a)(1) of the submissions, i.e., the revised SIP from yet decided whether to seek further CAA. For more information, see EPA’s Kentucky and the non-withdrawn appeal. In the mean time, and unless the proposal for today’s rulemaking. See 77 portion of the Tennessee SIP.’’ EME Homer City decision is reversed or FR 50651. EPA has previously relied (emphasis in the original). Today’s final otherwise modified, EPA intends to act upon Tennessee’s March 28, 2012, action, approving in part and in accordance with the D.C. Circuit’s commitment to conditionally approve conditionally approving in part opinion. section 110(a)(2)(E)(ii) as it relates to the Tennessee’s infrastructure SIP Finally, as the EME Homer City section 128(a)(1) for purposes of the submission, in conjunction with the decision establishes that the Tennessee 1997 8-hour ozone NAAQS. See 77 FR

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42997 July 23, 2012. Pursuant to that 8-hour ozone NAAQS with exception of federal requirements and does not earlier conditional approval, Tennessee sections 110(a)(2)(C), prong 3 of impose additional requirements beyond is committed to providing EPA with the 110(a)(2)(D)(i), and 110(a)(2)(J) as they those imposed by state law. For that specified SIP revision by no later than relate to PSD requirements, section reason, this action: July 23, 2013. 110(a)(2)(E)(ii) as it relates to section • Is not a ‘‘significant regulatory Accordingly, for purposes of today’s 128(a)(1) requirements, and section action’’ subject to review by the Office conditional approval of section 110(a)(2)(D)(i)(I) as it relates to interstate of Management and Budget under 110(a)(2)(E)(ii) as it relates to the transport.9 With the exceptions noted Executive Order 12866 (58 FR 51735, requirements of section 128(a)(1), above TDEC has addressed the elements October 4, 1993); Tennessee must submit to EPA by July of the CAA 110(a)(1) and (2) SIP • Does not impose an information 23, 2013 (within one year from the date requirements pursuant to section 110 of collection burden under the provisions of publication for the final rule that EPA the CAA to ensure that the 2008 8-hour of the Paperwork Reduction Act published on July 23, 2012, for the 1997 ozone NAAQS are implemented, (44 U.S.C. 3501 et seq.); • 8-hour ozone NAAQS), a SIP revision enforced, and maintained in Tennessee. Is certified as not having a adopting the specific enforceable With respect to sections 110(a)(2)(C), significant economic impact on a measures related to CAA section prong 3 of 110(a)(2)(D)(i), and substantial number of small entities 128(a)(1) as described in the State’s 110(a)(2)(J) as they relate to PSD under the Regulatory Flexibility Act commitment letter described above. If requirements, EPA is taking final action (5 U.S.C. 601 et seq.); • the State fails to submit this promised to conditionally approve Tennessee’s Does not contain any unfunded SIP revision by July 23, 2013, today’s infrastructure SIP in part, based on an mandate or significantly or uniquely conditional approval will automatically October 4, 2012, commitment that TDEC affect small governments, as described become a disapproval on that date and will adopt specific enforceable measures in the Unfunded Mandates Reform Act EPA will issue a finding of disapproval. related to PSD increments and submit of 1995 (Pub. L. 104–4); • With respect to the PSD requirements these revisions as a SIP submission to Does not have Federalism of elements 110(a)(2)(C), prong 3 of EPA for approval into the Tennessee’s implications as specified in Executive 110(a)(2)(D)(i) and 110(a)(2)(J) for the SIP by March 6, 2014. Order 13132 (64 FR 43255, August 10, 2008 8-hour ozone NAAQS, EPA With respect to section 110(a)(2)(E)(ii) 1999); • published a supplemental proposal to related to section 128(a)(1) Is not an economically significant conditionally approve Tennessee’s requirements, EPA is taking final action regulatory action based on health or infrastructure SIP submission, based to conditionally approve Tennessee’s safety risks subject to Executive Order upon the October 4, 2012, conditional 13045 (62 FR 19885, April 23, 1997); infrastructure SIP in part, based on a • approval request related to these March 28, 2012, commitment that TDEC Is not a significant regulatory action elements for the 2008 8-hour ozone will adopt specific enforceable measures subject to Executive Order 13211 (66 FR NAAQS. See 77 FR 71568. As described and submit these as a SIP submission to 28355, May 22, 2001); • Is not subject to requirements of in the supplemental proposal, on EPA for approval into the Tennessee’s Section 12(d) of the National October 4, 2012, Tennessee submitted a SIP by July 23, 2013, to address the Technology Transfer and Advancement request for conditional approval of applicable portions of section 128(a)(1). sections 110(a)(2)(C), prong 3 of If the State fails to submit these Act of 1995 (15 U.S.C. 272 note) because 110(a)(2)(D)(i), and 110(a)(2)(J) as they promised SIP revisions by the application of those requirements would relate to PSD requirements and applicable dates described above, be inconsistent with the CAA; and • Does not provide EPA with the committed to address the SIP today’s conditional approval of discretionary authority to address, as deficiencies by submitting specific Tennessee’s infrastructure SIP for the appropriate, disproportionate human enforceable SIP revisions to address 2008 8-hour ozone NAAQS will health or environmental effects, using PM2.5 PSD increments within one year. automatically be disapproved for the practicable and legally permissible This commitment letter meets the element or elements that the state fails methods, under Executive Order 12898 requirements of section 110(k)(4) of the to address on that date and EPA will (59 FR 7629, February 16, 1994). CAA. Tennessee’s October 4, 2012, issue a corresponding finding of In addition, this rule does not have letter can be accessed at disapproval. www.regulations.gov using Docket ID tribal implications as specified by No. EPA–R04–OAR–2012–0237. V. Statutory and Executive Order Executive Order 13175 (65 FR 67249, Today’s action finalizes conditional Reviews November 9, 2000), because the SIP is approval of the infrastructure SIP Under the CAA, the Administrator is not approved to apply in Indian country submission for these sections of section required to approve a SIP submission located in the state, and EPA notes that 110(a)(2), based upon a commitment by that complies with the provisions of the it will not impose substantial direct Tennessee to submit the necessary SIP Act and applicable federal regulations. costs on tribal governments or preempt revisions to address PM2.5 PSD 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal law. The Congressional Review Act, increments. If the State fails to submit Thus, in reviewing SIP submissions, 5 U.S.C. 801 et seq., as added by the these promised SIP revisions by March EPA’s role is to approve state choices, Small Business Regulatory Enforcement 6, 2014 today’s conditional approval provided that they meet the criteria of Fairness Act of 1996, generally provides will automatically become a disapproval the CAA. Accordingly, this action that before a rule may take effect, the on that date and EPA will issue a merely approves state law as meeting finding of disapproval. agency promulgating the rule must submit a rule report, which includes a IV. Final Action 9 As described in the response to comment 1 in Section II above, EPA does not presently view copy of the rule, to each House of the EPA is taking final action to approve section 110(a)(2)(D)(i)(I) (significant contribution to Congress and to the Comptroller General Tennessee’s infrastructure submission, nonattainment prong and interference with of the United States. EPA will submit a maintenance prong) for the 2008 8-hour Ozone provided to EPA on October 19, 2009, NAAQS, as a ‘‘required submission’’ based upon report containing this action and other because it addresses the required the opinion of the D.C. Circuit in the EME Homer required information to the U.S. Senate, infrastructure elements for the 2008 case. the U.S. House of Representatives, and

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the Comptroller General of the United PART 52—APPROVAL AND PSD increments as described in the States prior to publication of the rule in PROMULGATION OF State’s letter of commitment. the Federal Register. A major rule IMPLEMENTATION PLANS (d) Conditional Approval—Submittal cannot take effect until 60 days after it from the State of Tennessee, through the is published in the Federal Register. ■ 1. The authority citation for part 52 Department of Environment and This action is not a ‘‘major rule’’ as continues to read as follows: Conservation (TDEC), dated October 19, defined by 5 U.S.C. 804(2). Authority: 42 U.S.C. 7401 et seq. Under section 307(b)(1) of the CAA, 2009, to address the Clean Air Act petitions for judicial review of this Subpart RR—Tennessee (CAA) section 110(a)(2)(E)(ii) for the action must be filed in the United States 2008 8-hour Ozone National Ambient Court of Appeals for the appropriate ■ 2. Section 52.2219 is amended by Air Quality Standards. With respect to circuit by May 6, 2013. Filing a petition adding paragraphs (c) and (d) to read as CAA section 110(a)(2)(E)(ii), specifically for reconsideration by the Administrator follows: related to the adoption of enforceable of this final rule does not affect the measures contained in CAA section § 52.2219 Conditional approval. finality of this action for the purposes of 128(a)(1), EPA published in the Federal judicial review nor does it extend the * * * * * Register a final rulemaking to time within which a petition for judicial (c) Conditional Approval—Submittal conditionally approve TDEC’s March review may be filed, and shall not from the State of Tennessee, through the 28, 2012, commitment on July 23, 2012. postpone the effectiveness of such rule Department of Environment and Tennessee must submit to EPA by July Conservation (TDEC), dated October 4, or action. This action may not be 23, 2013, SIP revisions adopting specific 2012, to address the Clean Air Act challenged later in proceedings to enforceable measures related to CAA (CAA) sections 110(a)(2)(C), prong 3 of enforce its requirements. See section sections 128(a)(1) as described in the 307(b)(2). 110(a)(2)(D)(i), and 110(a)(2)(J) for the 2008 8-hour Ozone National Ambient State’s letter of commitment. List of Subjects in 40 CFR Part 52 Air Quality Standards. EPA is ■ 3. Section 52.2220(e) is amended by Environmental protection, Air conditionally approving TDEC’s adding a new entry ‘‘110(a)(1) and (2) pollution control, Incorporation by submittal with respect to the PSD Infrastructure Requirements for the 2008 reference, Intergovernmental relations, requirements of CAA sections 8-Hour Ozone National Ambient Air Nitrogen dioxide, Ozone, Reporting and 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), Quality Standards’’ at the end of the recordkeeping requirements, Volatile and 110(a)(2)(J), specifically related to table to read as follows: organic compounds. the adoption of enforceable provisions Dated: February 27, 2013. for PSD increments as detailed in § 52.2220 Identification of plan. TDEC’s October 4, 2012, commitment A. Stanley Meiburg, * * * * * letter. Tennessee must submit to EPA by Acting Regional Administrator, Region 4. March 6, 2014, a SIP revision adopting (e) * * * 40 CFR part 52 is amended as follows: specific enforceable measures related to

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Applicable geographic or State Name of nonregulatory SIP provision nonattain- effective EPA approval date Explanation ment date area

******* 110(a)(1) and (2) Infrastructure Re- Tennessee ... 10/19/2009 3/6/2013 [Insert citation of With the exception of section quirements for the 2008 8-Hour publication]. 110(a)(2)(D)(i)(I) concerning interstate Ozone National Ambient Air Quality transport; the portions of sections Standards. 110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and 110(a)(2)(J) related to PSD , which are being conditionally approved; and section 110(a)(2)(E)(ii) as it relates to section 128(a)(1), which is being conditionally approved.

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[FR Doc. 2013–05112 Filed 3–5–13; 8:45 am] ENVIRONMENTAL PROTECTION NPDES and indirect discharging BILLING CODE 6560–50–P AGENCY permittees and permitting authorities. In the absence of an approved test 40 CFR Part 136 procedure for a specific pollutant (or ENVIRONMENTAL PROTECTION [EPA–HQ–OW–2010–0192; FRL–9787–7] when an approved test procedure does AGENCY not work in a specific matrix, e.g., Guidelines Establishing Test because of a matrix interference), 40 CFR Parts 60 and 63 Procedures for the Analysis of generally, a permit applicant may use Pollutants Under the Clean Water Act; any suitable method but must provide [EPA–HQ–OAR–2008–0708, FRL–9756–4] Analysis and Sampling Procedures; the permitting authority a description of Notice the method for evaluation of its suitability. See 40 CFR 122.21(g)(7). RIN 2060–AQ58 AGENCY: Environmental Protection However, 40 CFR Part 136 also Agency (EPA). recognizes that new technologies and National Emission Standards for ACTION: Notice of final decision. approaches are constantly being Hazardous Air Pollutants for developed, including methods for SUMMARY: EPA discussed, but did not Reciprocating Internal Combustion pollutants for which EPA already has an propose, a new method, ASTM D7575, Engines; New Source Performance approved test procedure. As such, Part for oil and grease in the 2010 proposed Standards for Stationary Internal 136.5 allows for use of an alternate Combustion Engines Methods Update Rule (MUR). Oil and method for a specific pollutant or grease is a method-defined parameter. parameter in a regulated CWA matrix Correction That is, the nature and amount of that is different from the approved test material determined by the method is procedure (i.e., limited use approval). In rule document 2013–01288, defined in terms of the method. EPA appearing on pages 6674–6724 in the Requests for such uses, along with subsequently published a Notice of Data supporting data, are made to the issue of Wednesday, January 30, 2013, Availability (NODA) on this method make the following corrections: applicable Regional Alternate Test that provided new data and requested Procedure (ATP) Coordinator for § 63.6655 [Corrected] comment on whether and how EPA consideration and approval. should approve the method in Part 136 ■ 1. On page 6708, the heading in Table as an alternative oil and grease method. B. Oil and Grease 2c to Subpart ZZZZ of Part 63 is This document provides EPA’s final Unlike many parameters, oil and corrected read as follows: decision on its reconsideration of this grease is not a unique chemical entity, method. Table 2c to Subpart ZZZZ of Part 63. but is a mixture of chemical species that Requirements for Existing Compression DATES: March 6, 2013. varies from source to source. Common substances that may contribute to oil Ignition Stationary RICE Located at a FOR FURTHER INFORMATION CONTACT: Jan and grease include petroleum based Major Source of HAP Emissions and Matuszko, Office of Science and compounds such as fuels, motor oil, Existing Spark Ignition Stationary RICE Technology, Office of Water (4303–T), ≤ Environmental Protection Agency, 1200 lubricating oil, soaps, waxes, and 500 HP Located at a Major Source of hydraulic oil and vegetable based HAP Emissions Pennsylvania Avenue NW.; Washington, DC 20460; telephone number: 202–566– compounds such as cooking oil and ■ 2. On page 6708, in the first column 1035; fax number: 202–566–1053; email other fats. Oil and grease is defined by of Table 2c to Subpart ZZZZ of Part 63, address: [email protected]. the method used to measure it (i.e., it is a method-defined analyte). The CWA the entry reading ‘‘4. Non-Emergency, SUPPLEMENTARY INFORMATION: non-black start CI stationary RICE defines oil and grease as a conventional 300>HP≤500.’’ is corrected to read ‘‘4. I. Background parameter and hundreds of thousands of NPDES permits and indirect discharging Non-Emergency, non-black start CI A. CWA Analytical Methods and permits contain oil and grease stationary RICE 300

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specific to that method and solely considering which solvent produced F. December 2011 Notice of Data dependent on the method used. As a results most comparable to results Availability (NODA) consequence, the results obtained for a obtained with Freon®, EPA conducted a parameter defined by one particular Root Mean Squared Deviation (RMSD) In response to the September 2010 method are not necessarily directly evaluation of the data collected in the proposal, EPA received comments comparable to results obtained by side-by-side studies. None of the recommending that it reconsider another method (i.e., the data derived alternative solvents produced results alternative methods for oil and grease. from method-defined protocols cannot statistically comparable to results Some of the comments focused be reliably verified outside the method produced by Freon®. However, EPA exclusively on the oil and grease itself). EPA has defined a method- concluded at the time that n-hexane was method ASTM D7575. Unlike EPA defined analyte in 40 CFR 136.6(a)(5) as appropriate as an alternative solvent, Method 1664A which uses n-hexane as ‘‘* * * an analyte defined solely by the based on overall extraction results (96% the extractant and gravimetry for the method used to determine the analyte. versus 100% for Freon) and analytical measurement of the extracted materials, Such an analyte may be a physical practical considerations (e.g., boiling ASTM D7575 uses an extracting parameter, a parameter that is not a point). membrane followed by infrared specific chemical, or a parameter that To accommodate concerns about measurement of the sample materials may be comprised of a number of possible differences in results, EPA that can be retained on the membrane. substances. Examples of such analytes allowed permitting authorities to In particular, commenters cited that include temperature, oil and grease, establish a conversion factor by having ASTM D7575 is solvent free and total suspended solids, total phenolics, the discharger perform a side-by-side provides reliable and comparable results turbidity, chemical oxygen demand, and comparison of Method 1664A and the to EPA Method 1664A. These biochemical oxygen demand.’’ Freon® extraction method and then commenters submitted additional adjusting the discharge limits, if information on the health hazards D. EPA’s Past Consideration of necessary, to account for differences in associated with hexane as well as Alternative Oil and Grease Methods for the permit. EPA further recommended a additional single laboratory Adoption in 40 CFR Part 136 specific process to follow for the side- comparability data between Method Because oil and grease is a method- by-side comparison in the guidance 1664A and ASTM D7575 and on defined parameter, EPA has not document for Method 1664A (see additional matrices tested after the considered promulgating multiple ‘‘Analytical Method Guidance for EPA initial comparability study and methods to measure oil and grease that Method 1664A Implementation and Use associated statistical analysis. are based on different extractants. (40 CFR part 136),’’ EPA/821–R–00–003, Because EPA is interested in Moreover, EPA has not considered February 2000). promoting the use of solvent-free multiple oil and grease methods that are methods and this new information, EPA based on different determinative E. Proposed 2010 Methods Update Rule (MUR) re-evaluated the ASTM D7575 method techniques. The only exception to this for the measurement of oil and grease On September 23, 2010, EPA was EPA’s promulgation of EPA Method and published a Notice of Data proposed to add new and revised EPA 1664A in 1999 to replace EPA Method Availability on December 14, 2011 (76 methods to its Part 136 test procedures 413.1 (64 FR 26315), a similar procedure FR 77742). The notice provided the ® (75 FR 58024). Among other methods, in that used Freon (1,1,2-trichloro-1,2,2- additional data and EPA’s analysis of trifluoroethane (CFC–113; Freon-113)) the September 2010 proposal, EPA that data. Further, it explained that, as the extraction solvent. EPA made this described three oil and grease methods after evaluating the new information, exception because Freon® was banned published by ASTM International or the EPA was re-considering its decision not by an international treaty (the Montreal Standard Methods Committee that to include ASTM D7575 in 40 CFR Part Protocol on Substances That Deplete the require a different extractant and/or a 136 as an alternative to EPA Method Ozone Layer), and until the ban went different measurement (i.e., 1664A for measuring oil and grease. The into effect, EPA allowed either of these determinative) technique than the notice explained that EPA had three oil and grease methods for CWA existing Part 136 oil and grease primary reasons for this re- compliance. In both methods, the methods. These methods were ASTM consideration. First, EPA’s analysis determinative technique is gravimetry D7575, ASTM D7066 and Standard and the only change was the extraction Methods 5520. Section 12(d) of the demonstrates ASTM D7575 is an solvent (n-hexane instead of Freon®). National Technology Transfer and acceptable stand alone method for the When EPA promulgated EPA Method Advancement Act (NTTAA) of 1995 measurement of oil and grease in 1664A to replace EPA Method 413.1, (Pub. L. 104–113; 15 U.S.C. 272 note) wastewater for its applicable reporting EPA evaluated a variety of possible directs EPA to use voluntary consensus range (5–200 mg/L). Second, it produces replacement extracting solvents in standards in its regulatory activities results that, while not statistically 1 addition to n-hexane. EPA selected n- unless to do so would be inconsistent comparable across all matrices tested, hexane and promulgated Method 1664A with applicable law or is otherwise are generally very close to those after conducting multi-year, extensive impractical. As such, when requested by obtained using EPA Method 1664A for side-by-side studies on a variety of ASTM and Standard Methods to include the matrices tested. Third, EPA supports samples representing a wide range of their methods in 40 CFR Part 136, EPA pollution prevention, and is particularly matrices/discharges (see ‘‘Preliminary may propose to approve a method or persuaded by the substantial advantages Report of EPA Efforts to Replace Freon explain why it should or should not do associated with the green aspects of this for the Determination of Oil and so. The proposal explained the issues membrane technology (e.g., it uses a Grease,’’ EPA–821–R–93–011, surrounding method-defined solventless extraction, there is no September 1993, and ‘‘Report of EPA parameters, and explained that, Efforts to Replace Freon for the consistent with past practices, EPA was 1 Similar to the approach it used when it replaced Freon with hexane, EPA performed a RMSD Determination of Oil and Grease and not proposing to include any of the evaluation of the ASTM D–7575 results and EPA Total Petroleum Hydrocarbons: Phase three oil and grease methods in Part Method 1664A results for the available matrices II,’’ EPA–820–R–95–003, April 1995). In 136, including ASTM D7575. evaluated. See 76 FR 77745.

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solvent waste, and no exposure of the hazardous waste, no exposure to toxic techniques, or more generally to other analyst to solvent). chemicals), it is easier, faster, less method-defined analytes. If EPA However, the notice also discussed expensive and potentially portable in receives similar requests for other implementation considerations comparison to EPA 1664A, and it methods, it will evaluate each one associated with promulgating an produces results substantially in individually. alternative method based on a different agreement with Method 1664A. About A. ASTM D7575 Is a Good Stand Alone determinative step for a method-defined two-thirds of the comments Method for the Measurement of Oil and parameter. EPA recognized the potential recommended EPA not approve it for Grease in Aqueous Matrices impact that this new method could have use as an alternative oil and grease on the hundreds of thousands of oil and method. Some comments were specific After careful consideration of all the grease determinations in regulatory to the sampling requirements and comments received on the NODA, EPA Clean Water Act programs, and, as such, sample preparation procedures of the continues to conclude that ASTM was keenly interested in obtaining method, raising technical concerns such D7575 is a good stand alone method for additional input from stakeholders. as the representativeness of the 10 mL the measurement of oil and grease as Therefore, the notice explained that, aliquot and concerns over the drying defined by the method. The method was while EPA determined that the results procedures. Some comments were more single- and multi-lab tested following of the EPA 1664A and ASTM D7575 are overarching such as comments that ASTM Standard Practice D2777 comparable over the applicable range ASTM D7575 had not been tested in a (Standard Practice for the Determination where the two methods overlap (5–200 sufficient number of matrices. Others of Precision and Bias of Applicable Test mg/L) for the set of the 13 wastewater were specific to the consideration of the methods of Committee D19 on Water) matrices evaluated, it continued to have ASTM D7575 method as an alternative and produced recoveries and precision compliance concerns with promulgating to EPA method 1664A, such as the as good as or better than EPA Method the ASTM method for nationwide use as applicable range of the ASTM D7575 1664A for those matrices tested and in an alternative to EPA Method 1664A. method (5 to 200 mg/L) was limited in the range of ASTM D7575 applicability More specifically, because oil and comparison to EPA Method 1664A. (5–200 mg/L). Further, EPA is not grease measures a wide variety and type Some noted that the ASTM method did persuaded by the technical comments it of individual compounds and because not produce statistically comparable received on the method itself. For oil and grease is extensively results to EPA Method 1664A and EPA example, the representativeness of a incorporated in permits covering a wide should retain its policy not to approve well homogenized sample used was variety of wastewater matrices, the alternative methods for method-defined adequately demonstrated by the result of promulgating the ASTM D7575 parameters that are not based on the replicate studies in the validation tests. method as an alternative to EPA Method same determinative step. Finally, many See docket number EPA–HQ–OW– 1664A is that a permittee could be in or shared the concerns raised in the notice 2010–0192 for responses to these and all out of compliance simply due to a about implementing ASTM D7575 on a other NODA comments. change in the test method used to nationwide basis as an alternative oil B. ASTM D7575 as an Alternative Oil evaluate samples. and grease method and the possibility and Grease Method in 40 CFR Part 136 Finally, through the notice, EPA that a discharger could be in or out of requested comment on its conclusion compliance simply by changing the After careful consideration of all the that ASTM D7575 is an acceptable method. comments received on the NODA, EPA choice for the determination of oil and concludes that the case has not yet been grease, and whether it should reconsider III. Final Determination on ASTM made that ASTM D7575 should be its policy towards method-defined D7575 as an Alternative to Existing Part approved for nationwide use as an parameters for this particular method. In 136 Oil and Grease Methods alternative oil and grease method. EPA particular, the notice requested As explained in the NODA, EPA’s has multiple reasons supporting this comment on whether or not EPA should consideration of ASTM D7575 conclusion. First, ASTM D7575 is not reconsider promulgating this specific represents a unique situation. Because applicable to the same range and additional method for oil and grease oil and grease is a method-defined matrices as the existing Part 136 oil and based on different extractants and parameter, EPA has not considered grease methods. ASTM D7575 is determinative techniques than EPA promulgating multiple methods to applicable for measuring oil and grease Method 1664A. Further, in the event measure oil and grease that are based on from 5 mg/L to 200 mg/L while EPA that EPA were to promulgate this different extractants. Moreover, EPA has Method 1664A is applicable for specific alternative method, the notice not considered multiple oil and grease measuring oil and grease from 5 mg/L to requested comment on some approaches methods that are based on different 1,000 mg/L. Additionally, as explained that could ensure comparability for determinative techniques. The only in Note 2 in the method, ASTM D7575 individual permittees (e.g., EPA exception to this was EPA’s is not appropriate for certain samples requested comment on the need for a promulgation of EPA Method 1664A to where the solid matter is not sufficiently permit adjustment based on side-by-side replace Method 413.1, a similar IR transmitting, such as those that comparison of Methods 1664A and procedure that used (the internationally contain high levels of metal particulates. ASTM D7575). banned extraction solvent) Freon®. Further, EPA Method 1664A also Thus, EPA’s consideration of ASTM quantifies non-polar oil and grease G. Summary of NODA Comments D7575 as an alternative oil and grease (SGT–HEM) while ASTM D–7575 does EPA received comments from 106 method represents a new path for EPA. not. stakeholders. Approximately, a third As is always the case, EPA proceeded Second and more importantly, EPA expressed support for nationwide carefully, with a particular focus on the continues to share the concerns raised approval of the ASTM D7575 method as underlying data. This consideration is by many commenters. Given that the an alternative oil and grease method. In specific to ASTM D7575 and should not two methods measure a method-defined general, these comments were similar to be interpreted broadly to other oil and parameter, by definition, they cannot those received on EPA’s proposal: grease methods that use different measure the same thing. Consequently, ASTM D7575 is ‘‘green’’ (e.g., less extractants and/or determinative because of the wide variety and type of

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individual compounds that may be determination, EPA has concluded such application at a facility or type of measured as oil and grease and because determinations should be made on a discharge that is different from the oil and grease is extensively case by case basis rather than a approved test procedure. Therefore, the incorporated in permits covering a wide nationwide basis. As a result, EPA has authority already exists under § 136.5 variety of wastewater matrices, a decided not to approve ASTM D7575 as for a permittee to request the use of permittee could be in or out of an alternative oil and grease method in ASTM D7575 as an alternative oil and compliance simply due to a change in Part 136. grease method for a specific use (i.e. the test method used to evaluate EPA also considered a novel approach limited use ATP). The burden to review samples. EPA continues to conclude in which it would approve ASTM such requests rests on the EPA Regional such concerns are well founded for the D7575 as an alternative oil and grease ATP Coordinators rather than the following reasons. First, oil and grease method in Part 136 with a requirement permitting authority which is often a is a method-defined parameter. That is, to demonstrate comparability (side-by- state or a local control authority. As the results are dependent on the side data) to the permitting authority. such, EPA encourages permittees to particular method used. As ASTM To determine comparability for a carefully consider whether or not ASTM D7575 uses a different determinative specific application, a permittee could D7575 is an acceptable alternative to the step than the existing approved use the specific side by side comparison existing methods for their specific methods, one would not expect the procedures recommended in the matrix and, if supported by data, to results to be the same for all guidance document that was developed make such requests to their Regional applications. Second, the results of when Method 1664A was promulgated ATP Coordinator. To the extent that ASTM D7575 have been evaluated on a (see’’Analytical Method Guidance for such requests are widespread, EPA relatively limited number of matrices EPA Method 1664A Implementation headquarters will provide technical (13) in comparison to the extensive and Use (40 CFR part 136),’’ EPA/821– support to the Regional ATP number and types of possible R–00–003, February 2000). Under this Coordinators. applications. In contrast, when EPA approach, a permittee would only be Part 136 already stipulates that an promulgated Method 1664A to replace able to use ASTM D7575 if the applicant must provide comparability the previous Freon-based method, it recommended procedures demonstrated data for the performance of the evaluated the two methods on a much comparability. This approach would proposed method compared to the more extensive and wide variety of provide for a non-solvent based reference method to eliminate matrices (approximately 35). Third, the alternative to measuring oil and grease compliance concerns. EPA anticipates data evaluated to date demonstrate that and eliminate the compliance concerns that requests for the use of ASTM D7575 while ASTM D7575 produces results noted above. This approach would be as an alternative oil and grease method that are generally very close to the novel because EPA has never approved could be widespread, thus EPA wants to approved method for the set of matrices a method for nationwide use with such ensure that such requests are handled evaluated, they are not statistically a requirement. As explained in Section consistently. To that end, EPA comparable results. As such, the II.A, the purpose of promulgating Part recommends that applicants concerns that the two methods may 136 methods for nationwide use is to demonstrate comparability by produce different results are well simplify the permitting process and conducting a side-by-side comparison founded. reduce burden to the permittees and the using the specific procedures (e.g. permitting authority (often the state). As sampling frequency, number of samples, However, EPA also recognizes that a a result, EPA consulted with various QA/QC, and statistical analyses) blanket conclusion that one can never permitting authorities on this recommended in the guidance promulgate new methods for method- consideration. Feedback from document that was developed when defined parameters based on a different permitting authorities indicated that Method 1664A was promulgated determinative technique leaves little reviewing side by side comparison data [Analytical Method Guidance for EPA room for technology improvements. would be a huge burden on the states Method 1664A Implementation and Use Furthermore, EPA is keenly interested and that many POTWs lack both the (40 CFR part 136), EPA/821–R–00–003, in supporting the development and use expertise and staff to conduct a side by February 2000]. Comparability could be of ‘‘green’’ methods such as ASTM side comparison. As a result, EPA shown if this side by side comparison D7575 that do not require solvents. As rejected this approach. demonstrates there is not a significant such, EPA considered various difference between the promulgated approaches for allowing its use as an C. ASTM D7575 as an Alternative Oil method and ASTM D7575. Finally, EPA alternative to approved methods while and Grease Method in Permit Specific notes that such requests may provide minimizing the well founded concern Applications sufficient additional data that may allow that the two methods may affect In EPA’s effort to promote the use of EPA at a later date to later make a compliance. In other words, in those newer and more efficient methods, EPA nationwide determination on the applications where the two methods looked at a third option—the use of approval of ASTM D7575 as an produce results that are comparable EPA’s Alternate Test Procedures process alternative oil and grease method. enough not to affect compliance, EPA spelled out in the regulations at 40 CFR wants to encourage the use of non- 136.5. EPA considered this approach for IV. New Docket Materials solvent based methods such as ASTM encouraging and allowing the use of 1. Response to Comment document D7575. On the other hand, EPA wants ASTM D7575 while eliminating the 2. Response from ASTM re: technical to prevent the use of ASTM D7575 in associated compliance concerns using questions those applications where the two existing regulatory authority. As 3. Memo describing outreach to states methods differ in their results and have explained in Section F, EPA recognizes and control authorities on burden the potential to affect a facility’s that new technologies and approaches 4. May 14, 1999 Federal Register (64 FR compliance status. Here, there simply is are constantly being developed and, as 26315) not enough data to make a nationwide such, Part 136 currently allows for 5. ‘‘Analytical Method Guidance for determination. Until such time that EPA permittees to gain approval of the use of EPA Method 1664A has enough data to make such a an alternate method for a specific Implementation and Use (40 CFR

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part 136),’’ EPA/821–R–00–003, I. General Information instructions for submitting comments. February 2000 Do not submit electronically any A. Does this action apply to me? Dated: February 27, 2013. information you consider to be You may be potentially affected by Confidential Business Information (CBI) Nancy K. Stoner, this action if you are an agricultural or other information whose disclosure is Acting Assistant Administrator. producer, food manufacturer, or restricted by statute. [FR Doc. 2013–05248 Filed 3–5–13; 8:45 am] pesticide manufacturer. The following • Mail: OPP Docket, Environmental BILLING CODE 6560–50–P list of North American Industrial Protection Agency Docket Center (EPA/ Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave. not intended to be exhaustive, but rather NW., Washington, DC 20460–0001. ENVIRONMENTAL PROTECTION provides a guide to help readers • Hand Delivery: To make special AGENCY determine whether this document arrangements for hand delivery or applies to them. Potentially affected delivery of boxed information, please 40 CFR Part 180 entities may include: follow the instructions at http:// [EPA–HQ–OPP–2011–0357; FRL–9373–9] • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.htm. • Animal production (NAICS code Additional instructions on commenting Fenpyrazamine; Pesticide Tolerances 112). or visiting the docket, along with more • Food manufacturing (NAICS code AGENCY: Environmental Protection information about dockets generally, is 311). Agency (EPA). available at http://www.epa.gov/ • Pesticide manufacturing (NAICS dockets. ACTION: Final rule. code 32532). II. Summary of Petitioned-For SUMMARY: This regulation establishes B. How can I get electronic access to Tolerance tolerances for residues of fenpyrazamine other related information? In the Federal Register of July 6, 2011 in or on multiple commodities which You may access a frequently updated (76 FR 39358) (FRL–8875–6) and of July are identified and discussed later in this electronic version of EPA’s tolerance 20, 2011 (76 FR 43233) (FRL–8880–1), document. Valent U.S.A. Corporation regulations at 40 CFR part 180 through EPA issued documents pursuant to and Interregional Research Project the Government Printing Office’s e-CFR FFDCA section 408(d)(3), 21 U.S.C. Number 4 (IR–4) requested these site at http://ecfr.gpoaccess.gov/cgi/t/ 346a(d)(3), announcing the filing of tolerances under the Federal Food, text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ pesticide petitions (PP 1F7841) by Drug, and Cosmetic Act (FFDCA). Title40/40tab_02.tpl. Valent U.S.A. Corporation, 1600 Riviera DATES: This regulation is effective Ave., Suite 200, Walnut Creek, CA March 6, 2013. Objections and requests C. How can I file an objection or hearing request? 94596 and PP 1E7850 by IR–4, 500 for hearings must be received on or College Road East, Suite 201W, before May 6, 2013, and must be filed Under FFDCA section 408(g), 21 Princeton, NJ 08540. The petitions in accordance with the instructions U.S.C. 346a, any person may file an requested that 40 CFR part 180 be provided in 40 CFR part 178 (see also objection to any aspect of this regulation amended by establishing tolerances for Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those residues of the fungicide INFORMATION). objections. You must file your objection fenpyrazamine, S-allyl 5-amino-2- ADDRESSES: The docket for this action, or request a hearing on this regulation isopropyl-4-(2-methylphenyl)-3-oxo-2,3- identified by docket identification (ID) in accordance with the instructions dihydropyrazole-1-carbothioate, in or number EPA–HQ–OPP–2011–0357, is provided in 40 CFR part 178. To ensure on: Almond at 0.02 parts per million available at http://www.regulations.gov proper receipt by EPA, you must (ppm); almond, hulls at 1.5 ppm; or at the Office of Pesticide Programs identify docket ID number EPA–HQ– lettuce, head at 2.5 ppm; lettuce, leaf at Regulatory Public Docket (OPP Docket) OPP–2011–0357 in the subject line on 2.5 ppm; small fruit vine climbing in the Environmental Protection Agency the first page of your submission. All subgroup, except fuzzy kiwi fruit, crop Docket Center (EPA/DC), EPA West objections and requests for a hearing subgroup 13–07F at 3.5 ppm; grape, Bldg., Rm. 3334, 1301 Constitution Ave. must be in writing, and must be juice at 7.0 ppm; grape, raisins at 4.5 NW., Washington, DC 20460–0001. The received by the Hearing Clerk on or ppm; low growing berry subgroup 13– Public Reading Room is open from 8:30 before May 6, 2013. Addresses for mail 07G at 3.0 ppm (PP 1F7841); pistachio a.m. to 4:30 p.m., Monday through and hand delivery of objections and at 0.02 ppm; Caneberry subgroup 13– Friday, excluding legal holidays. The hearing requests are provided in 40 CFR 07A at 7.0 ppm; Bushberry subgroup telephone number for the Public 178.25(b). In addition to filing an 13–07B at 7.0 ppm; and ginseng at 0.80 Reading Room is (202) 566–1744, and objection or hearing request with the ppm (PP 1E7850). Those documents the telephone number for the OPP Hearing Clerk as described in 40 CFR referenced a summary of the petitions Docket is (703) 305–5805. Please review part 178, please submit a copy of the prepared by Valent U.S.A. Corporation, the visitor instructions and additional filing (excluding any Confidential the registrant, which are available in the information about the docket available Business Information (CBI)) for docket, http://www.regulations.gov. at http://www.epa.gov/dockets. inclusion in the public docket. There were no comments received in Information not marked confidential response to the notices of filing. FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be Based upon review of the data Gene Benbow, Registration Division disclosed publicly by EPA without prior supporting the petition, EPA has (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your determined that the tolerances should Environmental Protection Agency, 1200 objection or hearing request, identified be based upon parent fenpyrazamine Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP– only, has revised the tolerance levels for DC 20460–0001; telephone number: 2011–0357, by one of the following several commodities, and determined a (703) 347–0235; email address: methods: tolerance is not needed for raisins. The [email protected]. • Federal eRulemaking Portal: http:// reason for these changes is explained in SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online Unit IV.D.

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III. Aggregate Risk Assessment and within normal variability. The liver no indication of mutagenicity was noted Determination of Safety alterations were therefore considered in the mutagenicity battery. Based on Section 408(b)(2)(A)(i) of FFDCA adaptive rather than adverse effects. this evidence, in accordance with the allows EPA to establish a tolerance (the There was no evidence of increased Agency’s 2005 Guidelines for Cancer legal limit for a pesticide chemical susceptibility of developing organisms Risk Assessment, EPA classified residue in or on a food) only if EPA after in utero or post-natal exposure to fenpyrazamine as ‘‘Not Likely to be determines that the tolerance is ‘‘safe.’’ fenpyrazamine in the developmental Carcinogenic to Humans’’. Section 408(b)(2)(A)(ii) of FFDCA toxicity studies (rats and rabbits) or the Specific information on the studies defines ‘‘safe’’ to mean that ‘‘there is a multi-generation reproduction toxicity received and the nature of the adverse reasonable certainty that no harm will study. In both the rat and rabbit effects caused by fenpyrazamine as well result from aggregate exposure to the developmental studies, maternal effects as the no-observed-adverse-effect-level pesticide chemical residue, including (decreased body weight) occurred at (NOAEL) and the lowest-observed- all anticipated dietary exposures and all doses lower than or equal to those adverse-effect-level (LOAEL) from the other exposures for which there is eliciting developmental effects toxicity studies can be found at http:// reliable information.’’ This includes (decreased fetal weight, skeletal www.regulations.gov in section 4.5.4 in exposure through drinking water and in variations in rats and late abortions and the document ‘‘Human Health Risk residential settings, but does not include premature deliveries in rabbits). Since Assessment for the Section 3 occupational exposure. Section the late abortions and premature Registration and Establishment of 408(b)(2)(C) of FFDCA requires EPA to deliveries occurred at doses higher than Tolerances on Almond, Small Fruit give special consideration to exposure the maternal LOAEL, this finding is not Climbing Subgroup 13–07F, Head and of infants and children to the pesticide considered to be indicative of Leaf Lettuce, and Low Growing Berry chemical residue in establishing a susceptibility. In the multi-generation Subgroup 13–07G, Bushberry Subgroup tolerance and to ‘‘ensure that there is a reproduction toxicity study, thyroid 13–07B, Caneberry Subgroup 13–07A, reasonable certainty that no harm will toxicity was observed in parental Ginseng, and Pistachio’’ in docket ID result to infants and children from animals at the same dose eliciting number EPA–HQ–OPP–2011–0357. aggregate exposure to the pesticide decreased body weights in the offspring. chemical residue * * * .’’ Consistent Reproductive effects manifested as B. Toxicological Points of Departure/ with FFDCA section 408(b)(2)(D), and decreases in implantations and Levels of Concern increases in postimplantation loss the factors specified in FFDCA section Once a pesticide’s toxicological occurred at a dose level approximately 408(b)(2)(D), EPA has reviewed the profile is determined, EPA identifies 4x higher than the parental and available scientific data and other toxicological points of departure (POD) offspring LOAELs. relevant information in support of this and levels of concern to use in The only potential sign of action. EPA has sufficient data to assess evaluating the risk posed by human neurotoxicity was a decrease in total the hazards of and to make a exposure to the pesticide. For hazards motor activity and total number of determination on aggregate exposure for that have a threshold below which there rearings observed in the acute fenpyrazamine including exposure is no appreciable risk, the toxicological neurotoxicity study in rats. However, resulting from the tolerances established POD is used as the basis for derivation given that the liver is the target tissue, by this action. EPA’s assessment of of reference values for risk assessment. these effects may be nonspecific effects exposures and risks associated with PODs are developed based on a careful secondary to general toxicity. These fenpyrazamine follows. analysis of the doses in each effects were not observed in the toxicological study to determine the A. Toxicological Profile subchronic neurotoxicity or any other dose at which no adverse effects are EPA has evaluated the available studies in the database. toxicity data and considered its validity, In a 28-day dermal toxicity study, no observed (the NOAEL) and the lowest completeness, and reliability as well as hazard was identified at the limit dose dose at which adverse effects of concern the relationship of the results of the 1,000 milligrams/kilogram/day (mg/kg/ are identified (the LOAEL). Uncertainty/ studies to human risk. EPA has also day). Similarly, an immunotoxicity safety factors are used in conjunction considered available information study in rats did not indicate that the with the POD to calculate a safe concerning the variability of the immune system is a target for exposure level—generally referred to as sensitivities of major identifiable fenpyrazamine toxicity. a population-adjusted dose (PAD) or a subgroups of consumers, including Although an increase in the incidence reference dose (RfD)—and a safe margin infants and children. of hepatocellular and thyroid follicular of exposure (MOE). For non-threshold The principal toxicological findings carcinomas was noted in the chronic/ risks, the Agency assumes that any for fenpyrazamine in repeated dose carcinogenicity study in rats, the amount of exposure will lead to some studies in rodents, rabbits, and dogs concern for these findings is low based degree of risk. Thus, the Agency were reduced bodyweights/bodyweight on the following weight of evidence estimates risk in terms of the probability weight gains. In addition, thyroid considerations: of an occurrence of the adverse effect follicular cell hypertrophy was observed 1. The marginal increases occurred expected in a lifetime. For more in rats in the subchronic, chronic/ only at the high dose; information on the general principles carcinogenicity and reproduction 2. There was no reduction in the EPA uses in risk characterization and a toxicity (parental animals only) studies. latency period (i.e., tumors were seen complete description of the risk Although increased liver weights, only at the terminal sacrifice); and assessment process, see http:// hepatocellular hypertrophy, and 3. The incidences were only slightly www.epa.gov/pesticides/factsheets/ alterations in hematology and clinical outside the historical control range of riskassess.htm. chemistry parameters were observed in the testing laboratories. A summary of the toxicological several studies, they were not In addition, no neoplastic lesions endpoints for fenpyrazamine used for considered to be toxicologically relevant attributable to treatment were observed human risk assessment is shown in the since the magnitude of the changes was in the carcinogenicity study in mice and following Table.

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TABLE—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FENPYRAZAMINE FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure and uncer- RfD, PAD, LOC for risk Exposure/Scenario tainty/safety factors assessment Study and toxicological effects

Acute dietary (General population in- NOAEL = 80 mg/kg/day Acute RfD = 0.8 mg/kg/day Acute Neurotoxicity Screening Battery—Rats. cluding infants and children and fe- UFA = 10x aPAD = 0.8 mg/kg/day LOAEL = based on a statistically significant decrease in males 13–49 years of age). UFH = 10x total motor activity (total distance) in males at 400 and FQPA SF = 1x 2,000 mg/kg/day on day 1. Number of rearings was statistically decreased in males at 400 and 2,000 mg/kg/ day, and in females at 2,000 mg/kg/day on day 1. Chronic dietary (All populations) ...... NOAEL = 30 mg/kg/day Chronic RfD = 0.3 mg/kg/day Developmental Toxicity Study in Rabbits. UFA = 10x cPAD = 0.3 mg/kg/day Maternal LOAEL = 50 mg/kg/day [based on decreased UFH = 10x body weight and food consumption]. FQPA SF = 1x Cancer (Oral, dermal, inhalation) ...... Fenpyrazamine is classified as ‘‘Not Likely to be Carcinogenic to Humans‘‘. Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures. NOAEL = no observed adverse effect level. LOAEL = lowest observed adverse effect level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies). FQPA SF = FQPA Safety Factor. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. LOC = level of concern. N/A = not applicable.

C. Exposure Assessment a dietary exposure assessment for the this document to refer to non- 1. Dietary exposure from food and purpose of assessing cancer risk is occupational, non-dietary exposure feed uses. In evaluating dietary unnecessary. (e.g., for lawn and garden pest control, iv. Anticipated residue and PCT exposure to fenpyrazamine, EPA indoor pest control, termiticides, and information. EPA did not use considered exposure under the flea and tick control on pets). anticipated residue or PCT information petitioned-for tolerances in 40 CFR 180. Fenpyrazamine is not registered for any in the dietary assessment for EPA assessed dietary exposures from specific use patterns that would result fenpyrazamine. Tolerance level residues fenpyrazamine in food as follows: in residential exposure. and 100 PCT were assumed for all food i. Acute exposure. Quantitative acute 4. Cumulative effects from substances commodities. dietary exposure and risk assessments with a common mechanism of toxicity. 2. Dietary exposure from drinking Section 408(b)(2)(D)(v) of FFDCA are performed for a food-use pesticide, water. The Agency used screening level if a toxicological study has indicated the requires that, when considering whether water exposure models in the dietary to establish, modify, or revoke a possibility of an effect of concern exposure analysis and risk assessment tolerance, the Agency consider occurring as a result of a 1-day or single for fenpyrazamine in drinking water. ‘‘available information’’ concerning the exposure. Such effects were identified These simulation models take into cumulative effects of a particular for fenpyrazamine. In estimating acute account data on the physical, chemical, pesticide’s residues and ‘‘other dietary exposure, EPA used food and fate/transport characteristics of substances that have a common consumption information from the 2003 fenpyrazamine. Further information mechanism of toxicity.’’ EPA has not to 2008 United States Department of regarding EPA drinking water models found fenpyrazamine to share a Agriculture (USDA) National Health and used in pesticide exposure assessment common mechanism of toxicity with Nutrition Examination Survey, What We can be found at http://www.epa.gov/ any other substances, and Eat in America, (NHANES/WWEIA). For oppefed1/models/water/index.htm. residue levels in food, EPA assumed 100 Based on the Tier 1 FQPA Index fenpyrazamine does not appear to percent crop treated (PCT) and tolerance Reservoir Screening Tool (FIRST v. produce a toxic metabolite produced by level residues of parent fenpyrazamine 1.1.1, released March 26, 2008) for other substances. For the purposes of plus the maximum residue of S–2188– surface water and the Screening this tolerance action, therefore, EPA has DC (expressed as parent fenpyrazamine) Concentration in Ground Water (SCI– assumed that fenpyrazamine does not observed in the crop field trials for the GROW) model for ground water, the have a common mechanism of toxicity proposed uses. estimated drinking water concentrations with other substances. For information ii. Chronic exposure. In conducting (EDWCs) of fenpyrazamine for acute regarding EPA’s efforts to determine the chronic dietary exposure assessment exposures are estimated to be 213.5 which chemicals have a common EPA used the food consumption data parts per billion (ppb) for surface water mechanism of toxicity and to evaluate from the 2003 to 2008 United States and 1.31 ppb for ground water. The the cumulative effects of such Department of Agriculture (USDA) chronic exposures are estimated to be chemicals, see EPA’s Web site at http:// National Health and Nutrition 72.5 ppb for surface water and 1.31 ppb www.epa.gov/pesticides/cumulative. Examination Survey, What We Eat in for ground water. D. Safety Factor for Infants and America, (NHANES/WWEIA). For Modeled estimates of drinking water Children residue levels in food, EPA assumed 100 concentrations were directly entered PCT and tolerance level residues of into the dietary exposure model. For 1. In general. Section 408(b)(2)(C) of parent fenpyrazamine plus the acute dietary risk assessment, the water FFDCA provides that EPA shall apply maximum residue of S–2188–DC concentration value of 213.5 ppb was an additional tenfold (10X) margin of (expressed as parent fenpyrazamine) used to assess the contribution to safety for infants and children in the observed in the crop field trials for the drinking water. For chronic dietary risk case of threshold effects to account for proposed uses. assessment, the water concentration of prenatal and postnatal toxicity and the iii. Cancer. Based on the data value 72.5 ppb was used to assess the completeness of the database on toxicity summarized in Unit III.A., EPA has contribution to drinking water. and exposure unless EPA determines concluded that fenpyrazamine does not 3. From non-dietary exposure. The based on reliable data that a different pose a cancer risk to humans. Therefore, term ‘‘residential exposure’’ is used in margin of safety will be safe for infants

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and children. This additional margin of fenpyrazamine will occupy 9.2% of the Environmental Science Center, 701 safety is commonly referred to as the aPAD for children 1–2 years old, the Mapes Rd., Ft. Meade, MD 20755–5350; FQPA Safety Factor (SF). In applying population group receiving the greatest telephone number: (410) 305–2905; this provision, EPA either retains the exposure. email address: default value of 10X, or uses a different 2. Chronic risk. Using the exposure [email protected]. additional safety factor when reliable assumptions described in this unit for B. International Residue Limits data available to EPA support the choice chronic exposure, EPA has concluded of a different factor. that chronic exposure to fenpyrazamine In making its tolerance decisions, EPA 2. Prenatal and postnatal sensitivity. from food and water will utilize 7.3% of seeks to harmonize U.S. tolerances with There is no evidence of increased pre- the cPAD for children 1–2 years old, the international standards whenever and/or postnatal susceptibility based on population group receiving the greatest possible, consistent with U.S. food the results of the rat and rabbit prenatal exposure. safety standards and agricultural developmental toxicity studies, and the 3. Short-term and intermediate-term practices. EPA considers the rat 2-generation reproductive toxicity risk. Short-term and intermediate-term international maximum residue limits study. aggregate exposure takes into account (MRLs) established by the Codex 3. Conclusion. EPA has determined short-term or intermediate-term Alimentarius Commission (Codex), as that reliable data show the safety of residential exposure plus chronic required by FFDCA section 408(b)(4). infants and children would be exposure to food and water (considered The Codex Alimentarius is a joint adequately protected if the FQPA SF to be a background exposure level). United Nations Food and Agriculture were reduced to 1x. That decision is Fenpyrazamine is not registered for any Organization/World Health based on the following findings: use patterns that would result in short- Organization food standards program, i. The toxicity database for term or intermediate-term residential and it is recognized as an international fenpyrazamine is complete. exposure. Short-term and intermediate- food safety standards-setting ii. There is no evidence of increased term risk is assessed based on short- organization in trade agreements to pre- and/or postnatal susceptibility for term or intermediate-term residential which the United States is a party. EPA fenpyrazamine. exposure plus chronic dietary exposure. iii. There is no residual uncertainty in may establish a tolerance that is Because there is no short-term or different from a Codex MRL; however, the exposure database for intermediate-term residential exposure fenpyrazamine with respect to dietary FFDCA section 408(b)(4) requires that and chronic dietary exposure has EPA explain the reasons for departing (food and water) exposure. The dietary already been assessed under the food exposure assessments were from the Codex level. appropriately protective cPAD (which is Fenpyrazamine is a new active performed based on 100 PCT and at least as protective as the POD used to tolerance-level residues of parent ingredient and MRLs have not been assess short-term risk), no further established by Codex, Canada, or fenpyrazamine plus the maximum assessment of short-term or reside of the metabolite S–2188–DC, Mexico for the commodities proposed intermediate-term risk is necessary, and for registration in the US. empirical concentration factors and EPA relies on the chronic dietary risk default processing factors. EPA made assessment for evaluating short-term C. Revisions to Petitioned-For conservative (protective) assumptions in and intermediate-term risk for Tolerances the ground and surface water modeling fenpyrazamine. used to assess exposure to The Agency established parent 4. Aggregate cancer risk for U.S. fenpyrazamine only as the residue of fenpyrazamine in drinking water. These population. Based on the results of two assessments will not underestimate the concern for tolerance enforcement in adequate rodent carcinogenicity studies, plants and tolerances were exposure and risks posed by fenpyrazamine is not expected to pose fenpyrazamine. recommended accordingly. These differ a cancer risk to humans. from the tolerances proposed by the E. Aggregate Risks and Determination of 5. Determination of safety. Based on registrant, which are based on residues Safety these risk assessments, EPA concludes of parent fenpyrazamine and the EPA determines whether acute and that there is a reasonable certainty that metabolite S–2188–DC expressed as chronic dietary pesticide exposures are no harm will result to the general fenpyrazamine. In addition, the safe by comparing aggregate exposure population, or to infants and children Organization for the Economical estimates to the aPAD and chronic from aggregate exposure to Cooperation and Development (OECD) population-adjusted dose (cPAD). For fenpyrazamine residues. calculation procedures were used to linear cancer risks, EPA calculates the IV. Other Considerations estimate the tolerances and based on lifetime probability of acquiring cancer these procedures, the Agency has given the estimated aggregate exposure. A. Analytical Enforcement Methodology determined that the lettuce, head Short-term, intermediate-term, and Parent fenpyrazamine only is the tolerance should be lowered from 2.0 to chronic-term risks are evaluated by residue of concern for tolerance 1.5 ppm; lettuce, leaf from 2.5 ppm to comparing the estimated aggregate food, enforcement purposes. Valent U.S.A. 2 ppm; Caneberry subgroup 13–07A water, and residential exposure to the Corporation has submitted the results of from 7.0 ppm to 5 ppm; Bushberry appropriate PODs to ensure that an an independent laboratory validation subgroup 13–07B from 7.0 ppm to 5 adequate MOE exists. Since there are no (ILV) by liquid chromatography and ppm; small fruit vine climbing subgroup residential uses proposed for mass spectrometry (LC/MS/MS), except fuzzy kiwi fruit, subgroup 13– fenpyrazamine, the aggregate risks are Method RM–45C–1, titled 07F from 3.5 ppm to 3 ppm; and grape, equal to the dietary and drinking water ‘‘Determination of S–2188 and S–2188– juice from 7.0 ppm to 4 ppm. Finally, assessments. DC in crops’’. The method is considered the submitted grape processing data 1. Acute risk. Using the exposure adequate for enforcement of tolerances indicate that residues of parent assumptions discussed in this unit for in plant commodities. fenpyrazamine only concentrate in acute exposure, the acute dietary The method may be requested from: raisins at 1.1x. Therefore, the exposure from food and water to Chief, Analytical Chemistry Branch, concentration factor for raisin is not

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high enough to justify the need of a the Agency has determined that this tolerance levels specified in the separate tolerance for raisins. action will not have a substantial direct following table is to be determined by effect on States or tribal governments, measuring only fenpyrazamine S-allyl 5- V. Conclusion on the relationship between the national amino-2-isopropyl-4-(2-methylphenyl)- Therefore, tolerances are established government and the States or tribal 3-oxo-2,3-dihydropyrazole-1- for residues of fenpyrazamine, S-allyl 5- governments, or on the distribution of carbothioate, in or on the following amino-2-isopropyl-4-(2-methylphenyl)- power and responsibilities among the commodities: 3-oxo-2,3-dihydropyrazole-1- various levels of government or between carbothioate, in or on Almond at 0.02 the Federal Government and Indian Commodity Parts per ppm; almond, hulls at 1.5 ppm; tribes. Thus, the Agency has determined million pistachio at 0.02 ppm; lettuce, head at that Executive Order 13132, entitled 1.5 ppm; lettuce, leaf at 2 ppm; Almond ...... 0.02 ‘‘Federalism’’ (64 FR 43255, August 10, Almond, hulls ...... 1.5 Caneberry subgroup 13–07A at 5 ppm; 1999) and Executive Order 13175, Berry, low growing, subgroup Bushberry subgroup 13–07B at 5 ppm; entitled ‘‘Consultation and Coordination 13–07G ...... 3 small fruit vine climbing subgroup with Indian Tribal Governments’’ (65 FR Bushberry subgroup 13–07B ...... 5 except fuzzy kiwi fruit, subgroup 13– 67249, November 9, 2000) do not apply Caneberry subgroup 13–07A ..... 5 07F at 3 ppm; grape, juice at 4 ppm; low to this final rule. In addition, this final Fruit, small vine climbing, except growing berry subgroup 13–07G at 3 rule does not impose any enforceable fuzzy kiwifruit, subgroup 13– ppm; and ginseng at 0.7 ppm. 07F ...... 3 duty or contain any unfunded mandate Ginseng ...... 0.7 VI. Statutory and Executive Order as described under Title II of the Grape, juice ...... 4 Reviews Unfunded Mandates Reform Act of 1995 Lettuce, head ...... 1.5 This final rule establishes tolerances (UMRA) (2 U.S.C. 1501 et seq.). Lettuce, leaf ...... 2 This action does not involve any Pistachio ...... 0.02 under FFDCA section 408(d) in technical standards that would require response to a petition submitted to the Agency consideration of voluntary (b) Section 18 emergency exemptions. Agency. The Office of Management and consensus standards pursuant to section [Reserved] Budget (OMB) has exempted these types 12(d) of the National Technology (c) Tolerances with regional of actions from review under Executive Transfer and Advancement Act of 1995 registrations. [Reserved] Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). (d) Indirect or inadvertent residues. Planning and Review’’ (58 FR 51735, [Reserved] October 4, 1993). Because this final rule VII. Congressional Review Act has been exempted from review under [FR Doc. 2013–04813 Filed 3–5–13; 8:45 am] Pursuant to the Congressional Review BILLING CODE 6560–50–P Executive Order 12866, this final rule is Act (5 U.S.C. 801 et seq.), EPA will not subject to Executive Order 13211, submit a report containing this rule and entitled ‘‘Actions Concerning other required information to the U.S. DEPARTMENT OF COMMERCE Regulations That Significantly Affect Senate, the U.S. House of Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller National Oceanic and Atmospheric FR 28355, May 22, 2001) or Executive General of the United States prior to Administration Order 13045, entitled ‘‘Protection of publication of the rule in the Federal Children from Environmental Health Register. This action is not a ‘‘major 50 CFR Part 679 Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). April 23, 1997). This final rule does not [Docket No. 120918468–3111–02] List of Subjects in 40 CFR Part 180 contain any information collections RIN 0648–XC536 subject to OMB approval under the Environmental protection, Paperwork Reduction Act (PRA) (44 Administrative practice and procedure, Fisheries of the Exclusive Economic U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides Zone Off Alaska; Pollock in the West any special considerations under and pests, Reporting and recordkeeping Yakutat District of the Gulf of Alaska Executive Order 12898, entitled requirements. ‘‘Federal Actions to Address AGENCY: National Marine Fisheries Dated: February 21, 2013. Environmental Justice in Minority Service (NMFS), National Oceanic and Steven Bradbury, Populations and Low-Income Atmospheric Administration (NOAA), Populations’’ (59 FR 7629, February 16, Director, Office of Pesticide Programs. Commerce. 1994). Therefore, 40 CFR chapter I is ACTION: Temporary rule; closure. Since tolerances and exemptions that amended as follows: SUMMARY: NMFS is prohibiting directed are established on the basis of a petition fishing for pollock in the West Yakutat under FFDCA section 408(d), such as PART 180—[AMENDED] District of the Gulf of Alaska (GOA). the tolerance in this final rule, do not ■ 1. The authority citation for part 180 This action is necessary to prevent require the issuance of a proposed rule, continues to read as follows: exceeding the 2013 total allowable catch the requirements of the Regulatory of pollock in the West Yakutat District Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. of the GOA. seq.), do not apply. ■ 2. In subpart C, add § 180.671 to read DATES: Effective 1200 hours, Alaska This final rule directly regulates as follows: growers, food processors, food handlers, local time (A.l.t.), March 3, 2013, and food retailers, not States or tribes, § 180.671 Fenpyrazamine; tolerances for through 2400 hours, A.l.t., December 31, nor does this action alter the residues. 2013. relationships or distribution of power (a) General. Tolerances are FOR FURTHER INFORMATION CONTACT: and responsibilities established by established for residues of the fungicide Obren Davis, 907–586–7228. Congress in the preemption provisions fenpyrazamine, in or on the following SUPPLEMENTARY INFORMATION: NMFS of FFDCA section 408(n)(4). As such, commodities. Compliance with the manages the groundfish fishery in the

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GOA exclusive economic zone aside the remaining 50 mt as bycatch to responding to the most recent fisheries according to the Fishery Management support other anticipated groundfish data in a timely fashion and would Plan for Groundfish of the Gulf of fisheries. In accordance with delay the closure of directed fishing for Alaska (FMP) prepared by the North § 679.20(d)(1)(iii), the Regional pollock in the West Yakutat District of Pacific Fishery Management Council Administrator finds that this directed the GOA. NMFS was unable to publish under authority of the Magnuson- fishing allowance has been reached. a notice providing time for public Stevens Fishery Conservation and Consequently, NMFS is prohibiting comment because the most recent, Management Act. Regulations governing directed fishing for pollock in the West relevant data only became available as fishing by U.S. vessels in accordance Yakutat District of the GOA. of February 28, 2013. After the effective date of this closure with the FMP appear at subpart H of 50 The AA also finds good cause to the maximum retainable amounts at CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective § 679.20(e) and (f) apply at any time The 2013 total allowable catch (TAC) date of this action under 5 U.S.C. during a trip. of pollock in the West Yakutat District 553(d)(3). This finding is based upon of the GOA is 3,385 metric tons (mt) as Classification the reasons provided above for waiver of established by the final 2013 and 2014 This action responds to the best prior notice and opportunity for public harvest specifications for groundfish of available information recently obtained comment. the GOA (78 FR 13162, February 26, from the fishery. The Acting Assistant This action is required by § 679.20 2013). Administrator for Fisheries, NOAA and is exempt from review under In accordance with § 679.20(d)(1)(i), (AA), finds good cause to waive the Executive Order 12866. the Administrator, Alaska Region, requirement to provide prior notice and Authority: 16 U.S.C. 1801 et seq. NMFS (Regional Administrator), has opportunity for public comment determined that the 2013 TAC of pursuant to the authority set forth at 5 Dated: March 1, 2013. pollock in the West Yakutat District of U.S.C. 553(b)(B) as such requirement is Kara Meckley, the GOA will soon be reached. impracticable and contrary to the public Acting Deputy Director, Office of Sustainable Therefore, the Regional Administrator is interest. This requirement is Fisheries, National Marine Fisheries Service. establishing a directed fishing impracticable and contrary to the public [FR Doc. 2013–05174 Filed 3–1–13; 4:15 pm] allowance of 3,335 mt and is setting interest as it would prevent NMFS from BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 78, No. 44

Wednesday, March 6, 2013

This section of the FEDERAL REGISTER originated by an aviation authority of FOR FURTHER INFORMATION CONTACT: Jim contains notices to the public of the proposed another country to identify and correct Rutherford, Aerospace Engineer, FAA, issuance of rules and regulations. The an unsafe condition on an aviation Small Airplane Directorate, 901 Locust, purpose of these notices is to give interested product. The MCAI describes the unsafe Room 301, Kansas City, Missouri 64106; persons an opportunity to participate in the condition as an incident of glue joint telephone: (816) 329–4165; fax: (816) rule making prior to the adoption of the final rules. failure on a starboard wing caused by 329–4090; email: water entering the area of the airbrake [email protected]. box that resulted in delamination and SUPPLEMENTARY INFORMATION: DEPARTMENT OF ENERGY corrosion in the area of the aluminum alloy spar booms and the wing attach Comments Invited 10 CFR Part 430 fittings. We are issuing this proposed We invite you to send any written AD to require actions to address the [Docket No. EERE–2011–BT–STD–0006] relevant data, views, or arguments about unsafe condition on these products. this proposed AD. Send your comments RIN 1904–AC43 DATES: We must receive comments on to an address listed under the this proposed AD by April 22, 2013. ADDRESSES section. Include ‘‘Docket No. Energy Conservation Program: ADDRESSES: FAA–2013–0220; Directorate Identifier Availability of the Preliminary You may send comments by 2013–CE–002–AD’’ at the beginning of Technical Support Document for any of the following methods: • Federal eRulemaking Portal: Go to your comments. We specifically invite General Service Fluorescent Lamps http://www.regulations.gov. Follow the comments on the overall regulatory, and Incandescent Reflector Lamps instructions for submitting comments. economic, environmental, and energy Correction • Fax: (202) 493–2251. aspects of this proposed AD. We will • Mail: U.S. Department of consider all comments received by the In proposed rule document 2013– Transportation, Docket Operations, M– closing date and may amend this 04711, appearing on pages 13563–13566 30, West Building Ground Floor, Room proposed AD because of those in the issue of Thursday, February 28, W12–140, 1200 New Jersey Avenue SE., comments. 2013, make the following correction: Washington, DC 20590. We will post all comments we On page 13563, in the second column, • Hand Delivery: U.S. Department of receive, without change, to http:// in the sixth paragraph, on the first and _ Transportation, Docket Operations, M– regulations.gov, including any personal second lines, ‘‘GSFL-IRL 2011-STD- 30, West Building Ground Floor, Room information you provide. We will also [email protected]’’ should read ‘‘GSFL- _ W12–140, 1200 New Jersey Avenue SE., post a report summarizing each IRL [email protected]’’. Washington, DC 20590, between 9 a.m. substantive verbal contact we receive [FR Doc. C1–2013–04711 Filed 3–5–13; 8:45 am] and 5 p.m., Monday through Friday, about this proposed AD. BILLING CODE 1505–01–D except Federal holidays. For service information identified in Discussion this proposed AD, contact Slingsby On October 22, 1998, we issued AD DEPARTMENT OF TRANSPORTATION Advanced Composites Ltd., Ings Lane, 98–22–15, Amendment 39–10863 (63 Kirkbymoorside, North Yorkshire, FR 58624, November 2, 1998). That AD Federal Aviation Administration England YO62 6EZ; telephone: required actions intended to address an +44(0)1751 432474; Internet: none. You unsafe condition on the products listed 14 CFR Part 39 may review copies of the referenced above. [Docket No. FAA–2013–0220; Directorate service information at the FAA, Small Since we issued AD 98–22–15, Identifier 2013–CE–002–AD] Airplane Directorate, 901 Locust, Amendment 39–10863 (63 FR 58624, Kansas City, Missouri 64106. For November 2, 1998), Slingsby Aviation RIN 2120–AA64 information on the availability of this Ltd. has revised the related service Airworthiness Directives; Slingsby material at the FAA, call (816) 329– information to remove the 5-year Sailplanes Ltd. Sailplanes 4148. repetitive ‘‘cutout’’ inspection and to add a repetitive annual inspection using Examining the AD Docket AGENCY: Federal Aviation an endoscope. The endoscope Administration (FAA), Department of You may examine the AD docket on inspection method would be done using Transportation (DOT). the Internet at http:// existing drain holes in the lower wing ACTION: Notice of proposed rulemaking www.regulations.gov; or in person at the skin. (NPRM). Docket Management Facility between 9 Using revised service information is a.m. and 5 p.m., Monday through mandatory within the United Kingdom SUMMARY: We propose to adopt a new Friday, except Federal holidays. The AD airworthiness system. It is not necessary airworthiness directive (AD) for all docket contains this proposed AD, the for the Civil Aviation Authority (CAA), Slingsby Sailplanes Ltd. Models Dart regulatory evaluation, any comments which is the aviation authority for the T.51, Dart T.51/17, and Dart T.51/17R received, and other information. The United Kingdom, to issue an AD to sailplanes equipped with aluminum street address for the Docket Office mandate the use of new service alloy spar booms that would supersede (telephone (800) 647–5527) is in the information. an existing AD. This proposed AD ADDRESSES section. Comments will be Proposing AD action is the only way results from mandatory continuing available in the AD docket shortly after the FAA can mandate the use of new airworthiness information (MCAI) receipt. service information; however, owners/

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operators may request approval from the We have no way of determining the PART 39—AIRWORTHINESS FAA to use an alternative method of number of repetitive inspections an DIRECTIVES compliance (AMOC). owner/operator will incur over the life Several U.S. operators have of the sailplane or the number of ■ 1. The authority citation for part 39 complained that the repetitive 5-year sailplanes that will need repairs. continues to read as follows: ‘‘cutout’’ inspection in the wooden wing Authority: 49 U.S.C. 106(g), 40113, 44701. skin, currently required by AD 98–22– Authority for This Rulemaking 15, Amendment 39–10863 (63 FR Title 49 of the United States Code § 39.13 [Amended] 58624, November 2, 1998), was by specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by default growing larger and larger with rules on aviation safety. Subtitle I, removing Amendment 39–10863 (63 FR each inspection. section 106, describes the authority of 58624, November 2, 1998), and adding We have determined that the current the FAA Administrator. ‘‘Subtitle VII: the following new AD: 5-year repetitive ‘‘cutout’’ inspections Aviation Programs,’’ describes in more Slingsby Sailplanes Ltd.: Docket No. FAA– will eventually weaken the wing detail the scope of the Agency’s 2013–0220; Directorate Identifier 2013– structure and could result in an unsafe authority. CE–002–AD. condition. We concur with the change We are issuing this rulemaking under (a) Comments Due Date to the annual endoscope inspection. the authority described in ‘‘Subtitle VII, We must receive comments by April 22, Relevant Service Information Part A, Subpart III, Section 44701: 2013. General requirements.’’ Under that Slingsby Aviation Ltd. has issued section, Congress charges the FAA with (b) Affected ADs Technical Instruction T.I. No. 109/T51, promoting safe flight of civil aircraft in This AD supersedes AD 98–22–15, Issue 3, dated August 21, 2000. The air commerce by prescribing regulations Amendment 39–10863 (63 FR 58624, actions described in this service for practices, methods, and procedures November 2, 1998). information are intended to correct the the Administrator finds necessary for (c) Applicability unsafe condition identified in the safety in air commerce. This regulation MCAI. This AD applies to Slingsby Sailplanes Ltd. is within the scope of that authority Models Dart T.51, Dart T.51/17, and Dart FAA’s Determination and Requirements because it addresses an unsafe condition T.51/17R sailplanes, that are: of the Proposed AD that is likely to exist or develop on (1) Equipped with aluminum alloy spar products identified in this rulemaking booms; and This product has been approved by action. (2) Certificated in any category. the aviation authority of another country, and is approved for operation Regulatory Findings (d) Subject in the United States. Pursuant to our Air Transport Association of America We determined that this proposed AD (ATA) Code 57: Wing. bilateral agreement with this State of would not have federalism implications Design Authority, they have notified us under Executive Order 13132. This (e) Reason of the unsafe condition described in the proposed AD would not have a This AD was prompted by an incident of MCAI and service information substantial direct effect on the States, on glue joint failure on a starboard wing caused referenced above. We are proposing this the relationship between the national by water entering the area of the airbrake box that resulted in delamination and corrosion AD because we evaluated all Government and the States, or on the information and determined the unsafe in the area of the aluminum alloy spar booms distribution of power and and the wing attach fittings. The condition exists and is likely to exist or responsibilities among the various develop on other products of the same manufacturer has also issued revised service levels of government. information that changes the repetitive type design. For the reasons discussed above, I inspection interval and method. We are Costs of Compliance certify this proposed regulation: issuing this AD to prevent failure of the spar (1) Is not a ‘‘significant regulatory assembly and adjoining structure, which We estimate that this proposed AD could result in reduced controllability or will affect 10 products of U.S. registry. action’’ under Executive Order 12866, complete loss of control. We also estimate that it would take (2) Is not a ‘‘significant rule’’ under (f) Actions and Compliance Retained From about 40 work-hours per product to the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, AD 98–22–15, Amendment 39–10863 (63 FR comply with the initial inspection 58624, November 2, 1998) requirement retained from AD 98–22– 1979), Unless already done, do the following 15, Amendment 39–10863 (63 FR (3) Will not affect intrastate aviation in Alaska, and actions: 58624, November 2, 1998) in this (1) Within the next 6 calendar months after proposed AD. The average labor rate is (4) Will not have a significant December 14, 1998 (the effective date $85 per work-hour. economic impact, positive or negative, retained from AD 98–22–15, Amendment 39– Based on these figures, we estimate on a substantial number of small entities 10863 (63 FR 58624, November 2, 1998)), the cost of the initial inspection under the criteria of the Regulatory inspect the aluminum alloy spar booms and proposed in this AD on U.S. operators Flexibility Act. the wing attach fittings for delamination or to be $34,000, or $3,400 per product. corrosion damage following the ACTION List of Subjects in 14 CFR Part 39 We also estimate that it would take section of Slingsby Aviation Ltd. Technical about 2 work-hours per product to Air transportation, Aircraft, Aviation Instruction T.I. No. 109/T51, Issue No. 2, comply with the new repetitive safety, Incorporation by reference, dated October 7, 1997, or the ACTION section of Slingsby Aviation Ltd. Technical inspection requirement in this proposed Safety. Instruction T.I. No. 109/T51, Issue 3, dated AD. The average labor rate is $85 per The Proposed Amendment August 21, 2000. work-hour. Note to paragraph (f)(1) of this AD: Based on these figures, we estimate Accordingly, under the authority Slingsby Aviation Ltd. Technical Instruction the cost of the new repetitive inspection delegated to me by the Administrator, T.I. No. 109/T51, Issue No. 2, dated October proposed in this AD on U.S. operators the FAA proposes to amend 14 CFR part 7, 1997, and T.I. No. 109/T51, Issue 3, dated to be $1,700, or $170 per product. 39 as follows: August 21, 2000, include guidance to

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determine whether an affected sailplane is concerning the accuracy of this burden and a crack that initiated at the aft edge of equipped with aluminum alloy spar booms. suggestions for reducing the burden should the inner chord rather than initiating at (2) If any corrosion or delamination be directed to the FAA at: 800 Independence a fastener location, which was the damage is found during the inspection Ave. SW., Washington, DC 20591, Attn: previous cracking location. This required by paragraph (f)(1) of this AD, before Information Collection Clearance Officer, AES–200. proposed AD would expand the further flight, contact the manufacturer at the previous fuselage areas that are address specified in paragraph (i) of this AD (i) Related Information to obtain an FAA-approved repair scheme inspected for cracking. We are and incorporate the repair. Refer to Civil Aviation Authority (CAA) proposing this AD to detect and correct AD British AD 005–09–97, dated October 3, such cracks, which could cause damage (g) New Actions and Compliance 1997; Slingsby Aviation Ltd. Technical to the adjacent body structure and could (1) Within 5 years after the last inspection Instruction T.I. No. 109/T51, Issue No. 2, result in depressurization of the required by AD 98–22–15, Amendment 39– dated October 7, 1997; and Slingsby Aviation airplane in flight. 10863 (63 FR 58624, November 2, 1998) and Ltd. Technical Instruction T.I. No. 109/T51, DATES: We must receive comments on repetitively thereafter at intervals not to Issue 3, dated August 21, 2000, for related exceed 12 months, using an endoscope, information. For service information related this proposed AD by April 22, 2013. inspect the aluminum alloy spar booms and to this AD, contact Slingsby Advanced ADDRESSES: You may send comments, the wing attach fittings for delamination or Composites Ltd., Ings Lane, Kirkbymoorside, using the procedures found in 14 CFR corrosion damage following paragraph 11. of North Yorkshire, England YO62 6EZ ; 11.43 and 11.45, by any of the following the ACTION section of Slingsby Aviation telephone: +44(0)1751 432474; Internet: methods: Ltd. Technical Instruction T.I. No. 109/T51, none. You may review copies of the • Federal eRulemaking Portal: Go to Issue 3, dated August 21, 2000. referenced service information at the FAA, http://www.regulations.gov. Follow the Small Airplane Directorate, 901 Locust, (2) If any corrosion or delamination instructions for submitting comments. damage is found during any inspection Kansas City, Missouri 64106. For information • on the availability of this material at the Fax: 202–493–2251. required by paragraph (g)(1) of this AD, • Mail: U.S. Department of before further flight, contact the FAA, call (816) 329–4148. manufacturer at the address specified in Transportation, Docket Operations, M– Issued in Kansas City, Missouri, on 30, West Building Ground Floor, Room paragraph (i) of this AD to obtain an FAA- February 27, 2013. approved repair scheme and incorporate the W12–140, 1200 New Jersey Avenue SE., Earl Lawrence, repair. Washington, DC 20590. Manager, Small Airplane Directorate, Aircraft • Hand Delivery: Deliver to Mail (h) Other FAA AD Provisions Certification Service. address above between 9 a.m. and 5 The following provisions also apply to this [FR Doc. 2013–05229 Filed 3–5–13; 8:45 am] p.m., Monday through Friday, except AD: BILLING CODE 4910–13–P Federal holidays. (1) Alternative Methods of Compliance For service information identified in (AMOCs): The Manager, Standards Office, this proposed AD, contact Boeing FAA, has the authority to approve AMOCs DEPARTMENT OF TRANSPORTATION for this AD, if requested using the procedures Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, found in 14 CFR 39.19. Send information to Federal Aviation Administration ATTN: Jim Rutherford, Aerospace Engineer, MC 2H–65, Seattle, WA 98124–2207; FAA, Small Airplane Directorate, 901 Locust, telephone 206–544–5000, extension 1; Room 301, Kansas City, Missouri 64106; 14 CFR Part 39 fax 206–766–5680; Internet https:// telephone: (816) 329–4165; fax: (816) 329– [Docket No. FAA–2013–0097; Directorate www.myboeingfleet.com. You may 4090; email: [email protected]. Before Identifier 2011–NM–243–AD] review copies of the service information using any approved AMOC on any sailplane at the FAA, Transport Airplane to which the AMOC applies, notify your RIN 2120–AA64 Directorate, 1601 Lind Avenue SW., appropriate principal inspector (PI) in the Renton, WA. For information on the FAA Flight Standards District Office (FSDO), Airworthiness Directives; The Boeing or lacking a PI, your local FSDO. Company Airplanes availability of this material at the FAA, (2) Airworthy Product: For any requirement call 425–227–1221. AGENCY: Federal Aviation in this AD to obtain corrective actions from Examining the AD Docket a manufacturer or other source, use these Administration (FAA), DOT. actions if they are FAA-approved. Corrective ACTION: Notice of proposed rulemaking You may examine the AD docket on actions are considered FAA-approved if they (NPRM). the Internet at http:// are approved by the State of Design Authority www.regulations.gov; or in person at the (or their delegated agent). You are required SUMMARY: We propose to supersede an Docket Management Facility between 9 to assure the product is airworthy before it existing airworthiness directive (AD) a.m. and 5 p.m., Monday through is returned to service. that applies to certain The Boeing Friday, except Federal holidays. The AD (3) Reporting Requirements: For any Company Model 747–100, 747–100B, docket contains this proposed AD, the reporting requirement in this AD, a federal 747–100B SUD, 747–200B, 747–200C, regulatory evaluation, any comments agency may not conduct or sponsor, and a person is not required to respond to, nor 747–200F, 747–300, 747–400, 747– received, and other information. The shall a person be subject to a penalty for 400D, 747–400F, and 747SR series street address for the Docket Office failure to comply with a collection of airplanes. The existing AD currently (phone: 800–647–5527) is in the information subject to the requirements of requires repetitive inspections to find ADDRESSES section. Comments will be the Paperwork Reduction Act unless that cracking of the web, strap, inner chords, available in the AD docket shortly after collection of information displays a current inner chord angle of the forward edge receipt. valid OMB Control Number. The OMB frame of the number 5 main entry door FOR FURTHER INFORMATION CONTACT: Control Number for this information cutouts, the frame segment between Nathan Weigand, Aerospace Engineer, collection is 2120–0056. Public reporting for stringers 16 and 31, and repair if Airframe Branch, ANM–120S, FAA, this collection of information is estimated to be approximately 5 minutes per response, necessary; and repetitive inspections for Seattle Aircraft Certification Office including the time for reviewing instructions, cracking of repairs. Since we issued that (ACO), 1601 Lind Avenue SW., Renton, completing and reviewing the collection of AD, we have received multiple reports WA 98057–3356; phone: 425–917–6428; information. All responses to this collection of cracking outside of the previous fax: 425–917–6590; email: of information are mandatory. Comments fuselage inspection areas and a report of [email protected].

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SUPPLEMENTARY INFORMATION: chord of the forward edge frame of the would also expand the previous number 5 main entry door cutouts, fuselage areas that are inspected for Comments Invited between stringers 16 and 23. We issued cracking. We invite you to send any written that AD to detect and correct such The phrase ‘‘related investigative relevant data, views, or arguments about cracks, which could cause damage to actions’’ might be used in this proposed this proposed AD. Send your comments the adjacent body structure and could AD. ‘‘Related investigative actions’’ are to an address listed under the result in depressurization of the follow-on actions that: (1) Are related to ADDRESSES section. Include ‘‘Docket No. airplane in flight. the primary actions, and (2) are actions FAA–2013–0097; Directorate Identifier Actions Since Existing AD (75 FR that further investigate the nature of any 2011–NM–243–AD’’ at the beginning of 61337, October 5, 2010) Was Issued condition found. Related investigative your comments. We specifically invite actions in an AD could include, for comments on the overall regulatory, Since we issued AD 2010–20–08, example, inspections. economic, environmental, and energy Amendment 39–16442 (75 FR 61337, In addition, the phrase ‘‘corrective aspects of this proposed AD. We will October 5, 2010), we have received actions’’ might be used in this proposed consider all comments received by the multiple reports of cracking outside of AD. ‘‘Corrective actions’’ are actions closing date and may amend this the previous fuselage inspection areas that correct or address any condition proposed AD because of those and a report of a crack that initiated at found. Corrective actions in an AD comments. the aft edge of the inner chord rather could include, for example, repairs. We will post all comments we than initiating at a fastener location, Difference Between the Proposed AD receive, without change, to http:// which was the previous cracking and Relevant Service Information www.regulations.gov, including any location. personal information you provide. We Relevant Service Information Boeing Alert Service Bulletin 747– 53A2450, Revision 7, dated November will also post a report summarizing each We reviewed Boeing Alert Service 2, 2011, specifies to contact the substantive verbal contact we receive Bulletin 747–53A2450, Revision 7, manufacturer for instructions on how to about this proposed AD. dated November 2, 2011. For repair certain conditions, but this information on the procedures and Discussion proposed AD would require repairing compliance times, see this service those conditions in one of the following On September 15, 2010, we issued AD information at http:// 2010–20–08, Amendment 39–16442 (75 ways: www.regulations.gov by searching for • FR 61337, October 5, 2010), for certain Docket No. FAA–2013–0097. Using a method that we approve; or Model 747–100, 747–100B, 747–100B • Using data that meet the SUD, 747–200B, 747–200C, 747–200F, FAA’s Determination certification basis of the airplane, and 747–300, 747–400, 747–400D, 747– We are proposing this AD because we that have been approved by an 400F, and 747SR series airplanes. That evaluated all the relevant information Authorized Representative for the AD requires repetitive inspections to and determined the unsafe condition Boeing Commercial Airplanes find cracking of the web, strap, inner described previously is likely to exist or Delegation Option Authorization chords, inner chord angle of the forward develop in other products of the same Organization whom we have authorized edge frame of the number 5 main entry type design. to make those findings. door cutouts, the frame segment Costs of Compliance between stringers 16 and 31, and repair Proposed AD Requirements if necessary; and repetitive inspections This proposed AD would retain all We estimate that this proposed AD for cracking of repairs. That AD resulted requirements of AD 2010–20–08, affects 151 airplanes of U.S. registry. from additional reports of cracks that Amendment 39–16442 (75 FR 61337, We estimate the following costs to have been found in the strap and inner October 5, 2010). This proposed AD comply with this proposed AD:

ESTIMATED COSTS

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

Inspections [retained ac- Up to 44 work-hours × $85 per hour = $3,740 $0 Up to $3,740 per in- Up to $564,740 per in- tions from AD per inspection cycle. spection cycle. spection cycle. 2010-20–08, Amend- ment 39–16442 (75 FR 61337, October 5, 2010)]. Inspections [new pro- Up to 121 work-hours × $85 per hour = 0 Up to $10,285 per in- Up to $1,553,035 per posed action]. $10,285 per inspection cycle. spection cycle. inspection cycle.

We have received no definitive data the FAA Administrator. Subtitle VII, air commerce by prescribing regulations that would enable us to provide cost Aviation Programs, describes in more for practices, methods, and procedures estimates for the on-condition actions detail the scope of the Agency’s the Administrator finds necessary for specified in this proposed AD. authority. safety in air commerce. This regulation Authority for This Rulemaking We are issuing this rulemaking under is within the scope of that authority the authority described in Subtitle VII, because it addresses an unsafe condition Title 49 of the United States Code Part A, Subpart III, Section 44701, that is likely to exist or develop on specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that products identified in this rulemaking rules on aviation safety. Subtitle I, section, Congress charges the FAA with action. Section 106, describes the authority of promoting safe flight of civil aircraft in

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Regulatory Findings PART 39—AIRWORTHINESS (e) Unsafe Condition DIRECTIVES We have determined that this This AD was prompted by multiple reports of cracking outside of the previous inspection proposed AD would not have federalism ■ 1. The authority citation for part 39 areas and a report of a crack that initiated at implications under Executive Order continues to read as follows: 13132. This proposed AD would not the aft edge of the inner chord rather than have a substantial direct effect on the Authority: 49 U.S.C. 106(g), 40113, 44701. initiating at a fastener location. We are issuing this AD to detect and correct such States, on the relationship between the § 39.13 [Amended] cracks, which could cause damage to the national Government and the States, or ■ 2. The FAA amends § 39.13 by adjacent body structure and could result in on the distribution of power and removing airworthiness directive (AD) a rapid depressurization of the airplane. responsibilities among the various 2010–20–08, Amendment 39–16442 (75 levels of government. FR 61337, October 5, 2010), and adding (f) Compliance For the reasons discussed above, I the following new AD: Comply with this AD within the certify that the proposed regulation: The Boeing Company: Docket No. FAA– compliance times specified, unless already (1) Is not a ‘‘significant regulatory 2013–0097; Directorate Identifier 2011– done. action’’ under Executive Order 12866, NM–243–AD. (g) Retained Repetitive Inspections for (2) Is not a ‘‘significant rule’’ under (a) Comments Due Date Frame Segment Between Stringers 23 and 31 the DOT Regulatory Policies and The FAA must receive comments on this (No Terminating Action) Procedures (44 FR 11034, February 26, AD action by April 22, 2013. This paragraph restates the requirements of 1979), (b) Affected ADs paragraph (g) of AD 2010–20–08, (3) Will not affect intrastate aviation Amendment 39–16442 (75 FR 61337, October in Alaska, and This AD supersedes AD 2010–20–08, Amendment 39–16442 (75 FR 61337, October 5, 2010). For airplanes having line numbers (4) Will not have a significant 5, 2010). 1 through 1304 inclusive: Inspect the economic impact, positive or negative, airplane for cracks between stringers 23 and on a substantial number of small entities (c) Applicability 31 per Boeing Alert Service Bulletin 747– under the criteria of the Regulatory This AD applies to The Boeing Company 53A2450, Revision 2, including Appendix A, Flexibility Act. Model 747–100, 747–100B, 747–100B SUD, dated January 4, 2001; or Boeing Alert 747–200B, 747–200C, 747–200F, 747–300, Service Bulletin 747–53A2450, Revision 5, List of Subjects in 14 CFR Part 39 747–400, 747–400D, 747–400F, and 747SR dated January 29, 2009; at the later of the series airplanes, certificated in any category, Air transportation, Aircraft, Aviation having line numbers 1 through 1419 applicable times specified in paragraph (h) or safety, Incorporation by reference, inclusive; except for Model 747–400 series (i) of this AD, per table 1 to paragraphs (g) Safety. airplanes that have been modified into the and (h) of this AD, as follows. Where there Model 747–400 large cargo freighter are differences between the AD and Boeing The Proposed Amendment configuration. Alert Service Bulletin 747–53A2450, Accordingly, under the authority (d) Subject Revision 2, including Appendix A, dated delegated to me by the Administrator, January 4, 2001; or Boeing Alert Service Joint Aircraft System Component (JASC)/ Bulletin 747–53A2450, Revision 5, dated the FAA proposes to amend 14 CFR part Air Transport Association (ATA) of America 39 as follows: Code 53, Fuselage. January 29, 2009: the AD prevails.

TABLE 1 TO PARAGRAPHS (G) AND (H) OF THIS AD—INSPECTION REQUIREMENTS

Type of inspection Area to inspect

(1) Detailed Visual ...... Strap inner chords forward and aft of the web, and exposed web adjacent to the inner chords on station 2231 frame from stringers 23 through 31 per Figure 5 or Figure 6 of the service bulletins specified in paragraph (g) or (h) of this AD, as applicable. (2) Surface High Fre- Station 2231 inner chord angles at lower main sill interface per Figure 5 or Figure 6 of the service bulletins specified quency Eddy Current in paragraph (g) or (h) of this AD, as applicable. (HFEC). (3) Open Hole HFEC ...... Station 2231 frame fastener locations per Figures 4 and 7, and either Figure 5 or 6 of the service bulletins specified in paragraph (g) or (h) of this AD, as applicable. (4) Surface HFEC ...... Around fastener locations on station 2231 inner chords from stringers 23 through 31 per Figure 5 or Figure 6 of the service bulletins specified in paragraph (g) or (h) of this AD, as applicable. (5) Low Frequency Eddy Station 2231 frame strap in areas covered by the reveal per Figure 5 or Figure 6 of the service bulletins specified in Current (LFEC). paragraph (g) or (h) of this AD, as applicable.

Note 1 to paragraph (g) of this AD: There not to exceed 3,000 flight cycles until the 747–53A2450, Revision 2, including is no terminating action currently available inspections required by paragraph (m) or (o) Appendix A, dated January 4, 2001. Where for the inspections required by paragraph (g) of this AD are done. Where there are the compliance time in the logic diagram of this AD. differences between the AD and Boeing Alert specifies a compliance time beginning ‘‘from Service Bulletin 747–53A2450, Revision 2, receipt of this service bulletin,’’ this AD (h) Retained Compliance Times including Appendix A, dated January 4, requires that the compliance time begin This paragraph restates the requirements of 2001; or Boeing Alert Service Bulletin 747– ‘‘after September 12, 2001 (the effective date paragraph (h) of AD 2010–20–08, 53A2450, Revision 5, dated January 29, 2009: of AD 2001–16–02, Amendment 39–12370 Amendment 39–16442 (75 FR 61337, October the AD prevails. (66 FR 41440, August 8, 2001)).’’ 5, 2010). Do the inspections specified in (1) Do the inspections per table 1 to (2) After November 9, 2010 (the effective paragraph (g) of this AD at the applicable paragraphs (g) and (h) of this AD at the date of AD 2010–20–08, Amendment 39– times specified in paragraph (h)(1) or (h)(2) applicable time specified in the logic diagram 16442 (75 FR 61337, October 5, 2010)), do the of this AD. Repeat the inspections at intervals in Figure 1 of Boeing Alert Service Bulletin inspections per table 1 to paragraphs (g) and

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(h) of this AD at the applicable compliance Amendment 39–16442 (75 FR 61337, October (n) Retained Post-Repair Inspection time specified in paragraph 1.E., 5, 2010). For airplanes having line numbers Restriction ‘‘Compliance’’ of Boeing Alert Service 1305 and on: Before the accumulation of This paragraph restates the requirements of Bulletin 747–53A2450, Revision 5, dated 16,000 total flight cycles, or within 1,500 paragraph (n) of AD 2010–20–08, January 29, 2009. Where the compliance time flight cycles after November 9, 2010 (the Amendment 39–16442 (75 FR 61337, October in Boeing Alert Service Bulletin 747– effective date of AD 2010–20–08, 5, 2010). For any frame that is repaired in 53A2450, Revision 2, including Appendix A, Amendment 39–16442 (75 FR 61337, October accordance with a method other than the dated January 4, 2001, specifies a compliance 5, 2010)), whichever occurs later, do a Accomplishment Instructions of Boeing Alert time beginning ‘‘after the date on Revision 2 detailed inspection, an open hole HFEC Service Bulletin 747–53A2450, Revision 5, of this service bulletin,’’ this AD requires that inspection, a surface HFEC inspection, and a dated January 29, 2009: Do the inspection in the compliance time begin ‘‘after September subsurface LFEC inspection for cracking of accordance with a method approved in 12, 2001 (the effective date of AD 2001–16– the forward edge frame of the number 5 main accordance with the procedures specified in 02, Amendment 39–12370 (66 FR 41440, entry door cutouts, at station 2231, between paragraph (s) of this AD. August 8, 2001)).’’ stringers 23 and 31; in accordance with the Accomplishment Instructions of Boeing Alert (o) New Repetitive Inspections With (i) Retained Repetitive Inspections for Frame Service Bulletin 747–53A2450, Revision 5, Expanded Inspection Area Segment Between Stringers 23 and 31 dated January 29, 2009. Repeat the Before the accumulation of 16,000 total This paragraph restates the requirements of inspections thereafter at intervals not to flight cycles, or within 3,000 flight cycles paragraph (i) of AD 2010–20–08, Amendment exceed 3,000 flight cycles. after the effective date of this AD, whichever 39–16442 (75 FR 61337, October 5, 2010). occurs later, do the inspections required by Within 3,000 flight cycles after (l) Retained Corrective Action for Paragraphs (g), (j), and (k) of This AD paragraphs (o)(1) through (o)(5) of this AD, accomplishment of the inspections specified except as specified in paragraph (p) of this in Figure 1 of Boeing Alert Service Bulletin This paragraph restates the requirements of AD. Do all actions required by this paragraph 747–53A2450, dated May 4, 2000; or Boeing paragraph (l) of AD 2010–20–08, Amendment in accordance with the Accomplishment Alert Service Bulletin 747–53A2450, 39–16442 (75 FR 61337, October 5, 2010). If Instructions of Boeing Alert Service Bulletin Revision 1, dated July 6, 2000; repeat the any crack is found during any inspection 747–53A2450, Revision 7, dated November 2, inspections specified in paragraph (g) of this required by paragraph (g), (j), or (k) of this 2011. Repeat the inspections thereafter at the AD at intervals not to exceed 3,000 flight AD, before further flight, repair the crack in applicable times specified in Paragraph 1.E., cycles until the inspections required by accordance with a method approved by the ‘‘Compliance,’’ of Boeing Alert Service paragraph (m) or (o) of this AD are done. Manager, Seattle Aircraft Certification Office Bulletin 747–53A2450, Revision 7, dated Where there are differences between the AD (ACO), FAA, in accordance with data November 2, 2011. Accomplishment of the and Boeing Alert Service Bulletin 747– meeting the type certification basis of the initial inspections required by this paragraph 53A2450, Revision 2, dated January 4, 2001; airplane approved by the Boeing Commercial terminates the requirements of paragraphs (g) or Boeing Alert Service Bulletin 747– Airplanes Organization Designation through (k) of this AD. 53A2450, Revision 5, dated January 29, 2009: Authorization (ODA) that has been (1) Do a detailed inspection for cracking on the AD prevails. authorized by the Manager, Seattle ACO, to the frame strap, inner chords forward and aft make those findings; or in accordance with of the web, and exposed web adjacent to the (j) Retained Additional Repetitive Boeing Alert Service Bulletin 747–53A2450, Inspections (for Frame Segment Between inner chords from stringer 15 to 31. Revision 5, dated January 29, 2009; as (2) Do an HFEC inspection of the station Stringers 16 and 23) applicable. For a repair method to be 2231 frame fastener locations for cracking This paragraph restates the requirements of approved by the Manager, Seattle ACO, as from stringer 16 to 31, including locations paragraph (j) of AD 2010–20–08, Amendment required by this paragraph, the approval common to the upper main sill strap and 39–16442 (75 FR 61337, October 5, 2010). letter must specifically reference this AD. As stringer clip at stringer 16. (1) For all airplanes: Before the of November 9, 2010 (the effective date of AD (3) Do an HFEC inspection for cracking of accumulation of 16,000 total flight cycles, or 2010–20–08), repair the crack using a method the frame inner chords around the fastener within 1,500 flight cycles after November 9, approved in accordance with the procedures heads from stringer 15 to 31. 2010 (the effective date of AD 2010–20–08, specified in paragraph (s) of this AD. (4) Do an HFEC inspection for cracking of Amendment 39–16442 (75 FR 61337, October (m) Retained Post-Repair Inspections the aft edge of the aft inner chord, of the 5, 2010)), whichever occurs later, do a forward edge of the forward inner chord, and detailed inspection, an open hole HFEC This paragraph restates the requirements of of the forward and aft edges of the frame inspection, a surface HFEC inspection, and a paragraph (m) of AD 2010–20–08, strap from stringer 15 to 31. subsurface LFEC inspection for cracking of Amendment 39–16442 (75 FR 61337, October (5) Do an LFEC inspection for cracking of the forward edge frame of the number 5 main 5, 2010). Except as required by paragraph (n) the station 2231 frame strap from stringer 16 entry door cutouts, at station 2231, between of this AD, for airplanes on which the to 31 in areas covered by the reveal. stringers 16 and 23; in accordance with the forward edge frame of the number 5 main Accomplishment Instructions of Boeing Alert entry door cutouts, at station 2231, between (p) New Post-Repair Inspection for Repaired Service Bulletin 747–53A2450, Revision 5, stringers 16 and 31, is repaired as specified Areas dated January 29, 2009. Repeat the in Boeing Alert Service Bulletin 747– For airplanes on which the post-repair inspections thereafter at intervals not to 53A2450: Within 3,000 flight cycles after inspections are being done as specified in exceed 3,000 flight cycles. doing the repair or within 1,500 flight cycles paragraph (m) of this AD: For the repaired (2) The part number of the nut for fastener after November 9, 2010 (the effective date of area only, continue the inspections as code ‘‘K’’ in Figure 7 of Boeing Alert Service AD 2010–20–08), whichever occurs later, do specified in paragraph (m) of this AD in lieu Bulletin 747–53A2450, Revision 5, dated the detailed, LFEC, and HFEC inspections of of the inspections specified in paragraph (o) January 29, 2009, should be the repaired area for cracks, in accordance of this AD. ‘‘BACN10JC3CD,’’ instead of with the Accomplishment Instructions of ‘‘BACB30JC3CD.’’ In addition, the part Boeing Alert Service Bulletin 747–53A2450, (q) New Corrective Action number of the optional nut for this fastener Revision 5, dated January 29, 2009. If no If any cracking is found during any code should be ‘‘BACN10YR3CD,’’ instead of cracking is found, repeat the inspections inspection required by paragraph (o), (p), or ‘‘BACN10YR4CD’’ in Boeing Alert Service thereafter at intervals not to exceed 3,000 (r) of this AD: Before further flight, repair the Bulletin 747–53A2450, Revision 5, dated flight cycles. If any crack is found: Before cracking using a method approved in January 29, 2009. further flight, repair using a method accordance with the procedures specified in approved in accordance with the procedures paragraph (s) of this AD. (k) Retained Repetitive Inspections for Line specified in paragraph (s) of this AD. Doing Numbers 1305 and On (for Frame Segment the inspections specified in paragraph (m) of (r) New Post-Repair Repetitive Inspections Between Stringers 23 and 31) this AD terminates the repetitive inspections and Corrective Action This paragraph restates the requirements of required by paragraphs (g), (h), (i), (j), and (k) For any airplane repaired as specified in paragraph (k) of AD 2010–20–08, of this AD for the repaired area. paragraph (q) of this AD: Within 3,000 flight

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cycles after doing the repair, do detailed, Issued in Renton, Washington, on February proposal. Comments are specifically LFEC, and HFEC inspections of the repaired 25, 2013. invited on the overall regulatory, area for cracking, in accordance with the Ali Bahrami, aeronautical, economic, environmental, Accomplishment Instructions of Boeing Alert Manager, Transport Airplane Directorate, and energy-related aspects of the Service Bulletin 747–53A2450, Revision 7, Aircraft Certification Service. dated November 2, 2011. If no cracking is proposal. found, repeat the inspections thereafter at [FR Doc. 2013–05178 Filed 3–5–13; 8:45 am] Communications should identify both intervals not to exceed 3,000 flight cycles. If BILLING CODE 4910–13–P docket numbers (FAA Docket No. FAA– any cracking is found: Before further flight, 2012–1334; Airspace Docket No. 12– do the actions specified in paragraph (q) of ASO–18) and be submitted in triplicate this AD. DEPARTMENT OF TRANSPORTATION to the Docket Management System (see ADDRESSES section for address and (s) Alternative Methods of Compliance Federal Aviation Administration (AMOCs) phone number). You may also submit comments through the Internet at (1) The Manager, Seattle Aircraft 14 CFR Part 71 Certification Office (ACO), FAA, has the http://www.regulations.gov. authority to approve AMOCs for this AD, if [Docket No. FAA–2012–1334; Airspace Persons wishing the FAA to requested using the procedures found in 14 Docket No. 12–ASO–18] acknowledge receipt of their comments CFR 39.19. In accordance with 14 CFR 39.19, on this action must submit with those send your request to your principal inspector Proposed Establishment of Class E comments a self-addressed stamped or local Flight Standards District Office, as Airspace; Sanibel, FL appropriate. If sending information directly postcard on which the following to the manager of the ACO, send it to the AGENCY: Federal Aviation statement is made: ‘‘Comments to attention of the person identified in the Administration (FAA), DOT. Docket No. FAA–2012–1334; Airspace Related Information section of this AD. ACTION: Notice of proposed rulemaking Docket No. 12–ASO–18.’’ The postcard Information may be emailed to: 9-ANM- (NPRM). will be date/time stamped and returned [email protected]. to the commenter. (2) Before using any approved AMOC, SUMMARY: This action proposes to notify your appropriate principal inspector, All communications received before or lacking a principal inspector, the manager establish Class E Airspace at Sanibel, the specified closing date for comments of the local flight standards district office/ FL, to accommodate a new Area will be considered before taking action certificate holding district office. Navigation (RNAV) Global Positioning on the proposed rule. The proposal (3) An AMOC that provides an acceptable System (GPS) special Standard contained in this notice may be changed level of safety may be used for any repair Instrument Approach Procedure (SIAP) in light of the comments received. A required by this AD if it is approved by the serving Sanibel Island Heliport. This report summarizing each substantive Boeing Commercial Airplanes Organization action would enhance the safety and public contact with FAA personnel Designation Authorization (ODA) that has airspace management of Instrument concerned with this rulemaking will be been authorized by the Manager, Seattle Flight Rules (IFR) operations within the ACO, to make those findings. For a repair filed in the docket. National Airspace System. method to be approved, the repair must meet Availability of NPRMs the certification basis of the airplane, and the DATES: Comments must be received on approval must specifically refer to this AD. or before April 22, 2013. An electronic copy of this document (4) AMOCs approved previously in ADDRESSES: Send comments on this rule may be downloaded from and accordance with AD 2010–20–08, to: U.S. Department of Transportation, comments submitted through http:// Amendment 39–16442 (75 FR 61337, October www.regulations.gov. Recently 5, 2010), are approved as AMOCs for the Docket Operations, West Building corresponding provisions of paragraphs (g) Ground Floor, Room W12–140, 1200 published rulemaking documents can through (m) of this AD. New Jersey, SE., Washington, DC also be accessed through the FAA’s Web (5) AMOCs approved previously in 20590–0001; Telephone: 1–800–647– page at http://www.faa.gov/ accordance with AD 2010–20–08, 5527; Fax: 202–493–2251. You must airports_airtraffic/air_traffic/ Amendment 39–16442 (75 FR 61337, October identify the Docket Number FAA–2012– publications/airspace_amendments/. 5, 2010), that have post-repair inspections, 1334; Airspace Docket No. 12–ASO–18, You may review the public docket are approved as AMOCs for the at the beginning of your comments. You containing the proposal, any comments corresponding provisions of paragraph (o) of may also submit and review received this AD for the repaired area only. received and any final disposition in comments through the Internet at person in the Dockets Office (see the (t) Related Information http://www.regulations.gov. ADDRESSES section for address and (1) For more information about this AD, FOR FURTHER INFORMATION CONTACT: John phone number) between 9:00 a.m. and Nathan Weigand, Aerospace Engineer, Fornito, Operations Support Group, 5:00 p.m., Monday through Friday, Airframe Branch, ANM–120S, FAA, Seattle Eastern Service Center, Federal Aviation except Federal holidays. An informal Aircraft Certification Office (ACO), 1601 Lind Administration, P.O. Box 20636, docket may also be examined during Avenue SW., Renton, WA 98057–3356; normal business hours at the office of phone: 425–917–6428; fax: 425–917–6590; Atlanta, Georgia 30320; telephone (404) email: [email protected]. 305–6364. the Eastern Service Center, Federal (2) For service information identified in SUPPLEMENTARY INFORMATION: Aviation Administration, Room 350, this AD, contact Boeing Commercial 1701 Columbia Avenue, College Park, Airplanes, Attention: Data & Services Comments Invited Georgia 30337. Management, P. O. Box 3707, MC 2H–65, Interested persons are invited to Persons interested in being placed on Seattle, WA 98124–2207; telephone 206– comment on this rule by submitting a mailing list for future NPRM’s should 544–5000, extension 1; fax 206–766–5680; such written data, views, or arguments, contact the FAA’s Office of Rulemaking, Internet https://www.myboeingfleet.com. You may review copies of the referenced service as they may desire. Comments that (202) 267–9677, to request a copy of information at the FAA, Transport Airplane provide the factual basis supporting the Advisory circular No. 11–2A, Notice of Directorate, 1601 Lind Avenue SW., Renton, views and suggestions presented are Proposed Rulemaking distribution WA. For information on the availability of particularly helpful in developing System, which describes the application this material at the FAA, call 425–227–1221. reasoned regulatory decisions on the procedure.

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The Proposal Procedures’’ prior to any FAA final ACTION: Notice of proposed rulemaking The FAA is considering an regulatory action. (NPRM). amendment to Title 14, Code of Federal Lists of Subjects in 14 CFR Part 71 SUMMARY: This action proposes to Regulations (14 CFR) part 71 to establish Airspace, Incorporation by reference, establish Class E Airspace at Captiva, Class E airspace at Sanibel, FL Navigation (Air). FL, to accommodate a new Area providing the controlled airspace Navigation (RNAV) Global Positioning required to support the new Copter The Proposed Amendment System (GPS) special Standard RNAV (GPS) special standard In consideration of the foregoing, the Instrument Approach Procedure (SIAP) instrument approach procedures for Federal Aviation Administration serving Upper Captiva Island Heliport. Sanibel Island Heliport. Controlled proposes to amend 14 CFR Part 71 as This action would enhance the safety airspace extending upward from 700 follows: and airspace management of Instrument feet above the surface is required for IFR Flight Rules (IFR) operations within the operations within a 6-mile radius of the PART 71—DESIGNATION OF CLASS A, National Airspace System. point in space coordinates of the B, C, D, AND CLASS E AIRSPACE DATES: Comments must be received on heliport. AREAS; AIR TRAFFIC SERVICE or before April 22, 2013. Class E airspace designations are ROUTES; AND REPORTING POINTS published in Paragraph 6005 of FAA ADDRESSES: Send comments on this rule order 7400.9W, dated August 8, 2012, ■ 1. The authority citation for Part 71 to: U.S. Department of Transportation, and effective September 15, 2012, which continues to read as follows: Docket Operations, West Building Ground Floor, Room W12–140, 1200 is incorporated by reference in 14 CFR Authority: 49 U.S.C. 106(g); 40103, 40113, 71.1. The Class E airspace designation New Jersey, SE., Washington, DC 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 20590–0001; Telephone: 1–800–647– listed in this document will be 1963 Comp., p. 389. published subsequently in the Order. 5527; Fax: 202–493–2251. You must The FAA has determined that this § 71.1 [Amended] identify the Docket Number FAA–2012– proposed regulation only involves an ■ 2. The incorporation by reference in 1335; Airspace Docket No. 12–ASO–19, established body of technical 14 CFR 71.1 of Federal Aviation at the beginning of your comments. You regulations for which frequent and Administration Order 7400.9W, may also submit and review received routine amendments are necessary to Airspace Designations and Reporting comments through the Internet at keep them operationally current. It, Points, dated August 8, 2012, effective http://www.regulations.gov. therefore, (1) is not a ‘‘significant September 15, 2012, is amended as FOR FURTHER INFORMATION CONTACT: John regulatory action’’ under Executive follows: Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Order 12866; (2) is not a ‘‘significant Paragraph 6005 Class E airspace areas rule’’ under DOT Regulatory Policies extending upward from 700 feet or more Administration, P.O. Box 20636, and Procedures (44 FR 11034; February above the surface of the earth. Atlanta, Georgia 30320; telephone (404) 305–6364. 26, 1979); and (3) does not warrant * * * * * preparation of a Regulatory Evaluation SUPPLEMENTARY INFORMATION: as the anticipated impact is so minimal. ASO FL E5 Sanibel, FL [New] Since this is a routine matter that will Sanibel Island Heliport, FL Comments Invited only affect air traffic procedures and air (Lat. 26°27′46″ N., long. 82°9′18″ W.) Interested persons are invited to navigation, it is certified that this Point in Space Coordinates comment on this rule by submitting ° ′ ″ ° ′ ″ proposed rule, when promulgated, (Lat. 26 27 46 N., long. 82 9 18 W.) such written data, views, or arguments, would not have a significant economic That airspace extending upward from 700 as they may desire. Comments that impact on a substantial number of small feet above the surface within a 6-mile radius provide the factual basis supporting the of the Point in Space Coordinates (lat. entities under the criteria of the ° ′ ″ ° ′ ″ views and suggestions presented are 26 27 46 N., long. 82 9 18 W.) serving particularly helpful in developing Regulatory Flexibility Act. Sanibel Island Heliport. The FAA’s authority to issue rules reasoned regulatory decisions on the regarding aviation safety is found in Issued in College Park, Georgia, on proposal. Comments are specifically Title 49 of the United States Code. February 15, 2013. invited on the overall regulatory, Subtitle I, Section 106 describes the Barry A. Knight, aeronautical, economic, environmental, authority of the FAA Administrator. Manager, Operations Support Group, Eastern and energy-related aspects of the Subtitle VII, Aviation Programs, Service Center, Air Traffic Organization. proposal. describes in more detail the scope of the [FR Doc. 2013–05203 Filed 3–5–13; 8:45 am] Communications should identify both agency’s authority. This proposed BILLING CODE 4910–13–P docket numbers (FAA Docket No. FAA– rulemaking is promulgated under the 2012–1335; Airspace Docket No. 12– authority described in Subtitle VII, Part, ASO–19) and be submitted in triplicate A, Subpart I, Section 40103. Under that DEPARTMENT OF TRANSPORTATION to the Docket Management System (see section, the FAA is charged with ADDRESSES section for address and prescribing regulations to assign the use Federal Aviation Administration phone number). You may also submit of airspace necessary to ensure the comments through the Internet at safety of aircraft and the efficient use of 14 CFR Part 71 http://www.regulations.gov. airspace. This proposed regulation is Persons wishing the FAA to within the scope of that authority as it [Docket No. FAA–2012–1335; Airspace acknowledge receipt of their comments Docket No. 12–ASO–19] would establish Class E airspace at on this action must submit with those Sanibel Island Heliport, Sanibel, FL. Proposed Establishment of Class E comments a self-addressed stamped This proposal will be subject to an Airspace; Captiva, FL postcard on which the following environmental analysis in accordance statement is made: ‘‘Comments to with FAA Order 1050.1E, AGENCY: Federal Aviation Docket No. FAA–2012–1335; Airspace ‘‘Environmental Impacts: Policies and Administration (FAA), DOT. Docket No. 12–ASO–19.’’ The postcard

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will be date/time stamped and returned The FAA has determined that this § 71.1 [Amended] to the commenter. proposed regulation only involves an ■ 2. The incorporation by reference in All communications received before established body of technical 14 CFR 71.1 of Federal Aviation the specified closing date for comments regulations for which frequent and Administration Order 7400.9W, will be considered before taking action routine amendments are necessary to Airspace Designations and Reporting on the proposed rule. The proposal keep them operationally current. It, Points, dated August 8, 2012, effective contained in this notice may be changed therefore, (1) is not a ‘‘significant September 15, 2012, is amended as in light of the comments received. A regulatory action’’ under Executive follows: report summarizing each substantive Order 12866; (2) is not a ‘‘significant public contact with FAA personnel rule’’ under DOT Regulatory Policies Paragraph 6005 Class E airspace areas concerned with this rulemaking will be and Procedures (44 FR 11034; February extending upward from 700 feet or more filed in the docket. 26, 1979); and (3) does not warrant above the surface of the earth. * * * * * Availability of NPRMs preparation of a Regulatory Evaluation as the anticipated impact is so minimal. ASO FL E5 Captiva, FL [New] An electronic copy of this document Since this is a routine matter that will may be downloaded from and Upper Captiva Island Heliport, FL only affect air traffic procedures and air (Lat. 26°36′11″ N., long. 82°13′0″ W.) comments submitted through http:// navigation, it is certified that this www.regulations.gov. Recently Point in Space Coordinates proposed rule, when promulgated, (Lat. 26°36′11″ N., long. 82°13′0″ W.) published rulemaking documents can would not have a significant economic also be accessed through the FAA’s Web That airspace extending upward from 700 impact on a substantial number of small feet above the surface within a 6-mile radius page at http://www.faa.gov/ entities under the criteria of the of the Point in Space Coordinates (lat. airports_airtraffic/air_traffic/ ° ′ ″ ° ′ ″ _ Regulatory Flexibility Act. 26 36 11 N., long. 82 13 0 W.) serving publications/airspace amendments/. The FAA’s authority to issue rules Upper Captiva Island Heliport. You may review the public docket regarding aviation safety is found in containing the proposal, any comments Title 49 of the United States Code. Issued in College Park, Georgia, on February 15, 2013. received and any final disposition in Subtitle I, Section 106 describes the person in the Dockets Office (see the authority of the FAA Administrator. Barry A. Knight, ADDRESSES section for address and Subtitle VII, Aviation Programs, Manager, Operations Support Group, Eastern phone number) between 9:00 a.m. and describes in more detail the scope of the Service Center, Air Traffic Organization. 5:00 p.m., Monday through Friday, agency’s authority. This proposed [FR Doc. 2013–05217 Filed 3–5–13; 8:45 am] except Federal holidays. An informal rulemaking is promulgated under the BILLING CODE 4910–13–P docket may also be examined during authority described in Subtitle VII, Part, normal business hours at the office of A, Subpart I, Section 40103. Under that the Eastern Service Center, Federal section, the FAA is charged with DEPARTMENT OF TRANSPORTATION Aviation Administration, Room 350, prescribing regulations to assign the use Federal Aviation Administration 1701 Columbia Avenue, College Park, of airspace necessary to ensure the Georgia 30337. safety of aircraft and the efficient use of Persons interested in being placed on 14 CFR Part 71 airspace. This proposed regulation is a mailing list for future NPRM’s should within the scope of that authority as it [Docket No. FAA–2012–1341; Airspace contact the FAA’s Office of Rulemaking, would establish Class E airspace at Docket No. 12–ASO–47] (202) 267–9677, to request a copy of Upper Captiva Island Heliport, Captiva, Advisory circular No. 11–2A, Notice of Proposed Establishment of Class E FL. Proposed Rulemaking distribution This proposal will be subject to an Airspace; Cleveland, TN System, which describes the application environmental analysis in accordance AGENCY: procedure. Federal Aviation with FAA Order 1050.1E, Administration (FAA), DOT. The Proposal ‘‘Environmental Impacts: Policies and ACTION: Notice of proposed rulemaking The FAA is considering an Procedures’’ prior to any FAA final (NPRM). amendment to Title 14, Code of Federal regulatory action. SUMMARY: This action proposes to Regulations (14 CFR) part 71 to establish Lists of Subjects in 14 CFR Part 71 Class E airspace at Captiva, FL establish Class E Airspace at Cleveland, Airspace, Incorporation by reference, TN, to accommodate the Area providing the controlled airspace Navigation (Air). required to support the new Copter Navigation (RNAV) Global Positioning RNAV (GPS) special standard The Proposed Amendment System (GPS) Standard Instrument instrument approach procedures for Approach Procedures at Cleveland In consideration of the foregoing, the Regional Jetport. This action would Upper Captiva Island Heliport. Federal Aviation Administration Controlled airspace extending upward enhance the safety and airspace proposes to amend 14 CFR part 71 as management of Instrument Flight Rules from 700 feet above the surface is follows: required for IFR operations within a 6- (IFR) operations at the airport. mile radius of the point in space PART 71—DESIGNATION OF CLASS A, DATES: Comments must be received on coordinates of the heliport. B, C, D, AND CLASS E AIRSPACE or before April 22, 2013. The Director of Class E airspace designations are AREAS; AIR TRAFFIC SERVICE the Federal Register approves this published in Paragraph 6005 of FAA ROUTES; AND REPORTING POINTS incorporation by reference action under order 7400.9W, dated August 8, 2012, title 1, Code of Federal Regulations, part and effective September 15, 2012, which ■ 1. The authority citation for part 71 51, subject to the annual revision of is incorporated by reference in 14 CFR continues to read as follows: FAA, Order 7400.9 and publication of 71.1. The Class E airspace designation Authority: 49 U.S.C. 106(g); 40103, 40113, conforming amendments. listed in this document will be 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ADDRESSES: Send comments on this rule published subsequently in the Order. 1963 Comp., p. 389. to: U.S. Department of Transportation,

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Docket Operations, West Building published rulemaking documents can proposed rule, when promulgated, Ground Floor, Room W12–140, 1200 also be accessed through the FAA’s web would not have a significant economic New Jersey SE., Washington, DC 20590– page at http://www.faa.gov/ impact on a substantial number of small 0001; Telephone: 1–800–647–5527; Fax: airports_airtraffic/air_traffic/ entities under the criteria of the 202–493–2251. You must identify the publications/airspace_amendments/. Regulatory Flexibility Act. Docket Number FAA–2012–1341; You may review the public docket The FAA’s authority to issue rules Airspace Docket No. 12–ASO–47, at the containing the proposal, any comments regarding aviation safety is found in beginning of your comments. You may received and any final disposition in Title 49 of the United States Code. also submit and review received person in the Dockets Office (see the Subtitle I, Section 106 describes the comments through the Internet at ADDRESSES section for address and authority of the FAA Administrator. http://www.regulations.gov. phone number) between 9:00 a.m. and Subtitle VII, Aviation Programs, FOR FURTHER INFORMATION CONTACT: John 5:00 p.m., Monday through Friday, describes in more detail the scope of the Fornito, Operations Support Group, except Federal Holidays. An informal agency’s authority. This proposed Eastern Service Center, Federal Aviation docket may also be examined during rulemaking is promulgated under the Administration, P.O. Box 20636, normal business hours at the office of authority described in Subtitle VII, Part, Atlanta, Georgia 30320; telephone (404) the Eastern Service Center, Federal A, Subpart I, Section 40103. Under that 305–6364. Aviation Administration, Room 350, section, the FAA is charged with 1701 Columbia Avenue, College Park, SUPPLEMENTARY INFORMATION: prescribing regulations to assign the use Georgia 30337. of airspace necessary to ensure the Comments Invited Persons interested in being placed on safety of aircraft and the efficient use of a mailing list for future NPRM’s should Interested persons are invited to airspace. This proposed regulation is contact the FAA’s Office of Rulemaking, within the scope of that authority as it comment on this rule by submitting (202) 267–9677, to request a copy of such written data, views, or arguments, would establish Class E airspace at Advisory circular No. 11–2A, Notice of Cleveland Regional Jetport, Cleveland, as they may desire. Comments that Proposed Rulemaking distribution provide the factual basis supporting the TN. System, which describes the application This proposal will be subject to an views and suggestions presented are procedure. particularly helpful in developing environmental analysis in accordance reasoned regulatory decisions on the The Proposal with FAA Order 1050.1E, proposal. Comments are specifically The FAA is considering an ‘‘Environmental Impacts: Policies and invited on the overall regulatory, amendment to Title 14, Code of Federal Procedures’’ prior to any FAA final aeronautical, economic, environmental, Regulations (14 CFR) part 71 to establish regulatory action. and energy-related aspects of the Class E airspace at Cleveland, TN, Lists of Subjects in 14 CFR Part 71 proposal. providing the controlled airspace Airspace, Incorporation by reference, Communications should identify both required to support the RNAV (GPS) Navigation (air). docket numbers (FAA Docket No. FAA– standard instrument approach 2012–1341; Airspace Docket No. 12– procedures for Cleveland Regional The Proposed Amendment ASO–47) and be submitted in triplicate Jetport. Controlled airspace extending In consideration of the foregoing, the to the Docket Management System (see upward from 700 feet above the surface Federal Aviation Administration ADDRESSES section for address and would be established within a 7.4-mile proposes to amend 14 CFR part 71 as phone number). You may also submit radius of the airport, with an extension follows: comments through the Internet at from the radius to 12 miles southwest of http://www.regulations.gov. the airport for the safety and PART 71—DESIGNATION OF CLASS A, Persons wishing the FAA to management of IFR operations. B, C, D, AND E AIRSPACE AREAS; AIR acknowledge receipt of their comments Class E airspace designations are TRAFFIC SERVICE ROUTES; AND on this action must submit with those published in Paragraph 6005 of FAA REPORTING POINTS comments a self-addressed stamped Order 7400.9W, dated August 8, 2012, postcard on which the following and effective September 15, 2012, which ■ 1. The authority citation for part 71 statement is made: ‘‘Comments to is incorporated by reference in 14 CFR continues to read as follows: Docket No. FAA–2012–1341; Airspace 71.1. The Class E airspace designation Authority: 49 U.S.C. 106(g); 40103, 40113, Docket No. 12–ASO–47.’’ The postcard listed in this document will be 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– will be date/time stamped and returned published subsequently in the Order. 1963 Comp., p. 389. to the commenter. The FAA has determined that this All communications received before proposed regulation only involves an § 71.1 [Amended] the specified closing date for comments established body of technical ■ 2. The incorporation by reference in will be considered before taking action regulations for which frequent and 14 CFR 71.1 of Federal Aviation on the proposed rule. The proposal routine amendments are necessary to Administration Order 7400.9W, contained in this notice may be changed keep them operationally current. It, Airspace Designations and Reporting in light of the comments received. A therefore, (1) is not a ‘‘significant Points, dated August 8, 2012, effective report summarizing each substantive regulatory action’’ under Executive September 15, 2012, is amended as public contact with FAA personnel Order 12866; (2) is not a ‘‘significant follows: rule’’ under DOT Regulatory Policies concerned with this rulemaking will be Paragraph 6005 Class E airspace areas filed in the docket. and Procedures (44 FR 11034; February extending upward from 700 feet or more 26, 1979); and (3) does not warrant above the surface of the earth. Availability of NPRMs preparation of a Regulatory Evaluation * * * * * An electronic copy of this document as the anticipated impact is so minimal. may be downloaded from and Since this is a routine matter that will ASO FL E5 Cleveland, TN [New] comments submitted through http:// only affect air traffic procedures and air Cleveland Regional Jetport, TN www.regulations.gov. Recently navigation, it is certified that this (Lat. 35°12′41″ N., long. 84°47′59″ W.)

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That airspace extending upward from 700 as they may desire. Comments that Proposed Rulemaking distribution feet above the surface within a 7.4-mile provide the factual basis supporting the System, which describes the application radius of Cleveland Regional Jetport, and ° views and suggestions presented are procedure. within 2-miles each side of the 209 bearing particularly helpful in developing from the airport, extending from the 7.4-mile The Proposal radius to 12-miles southwest of the airport. reasoned regulatory decisions on the proposal. Comments are specifically The FAA is considering an Issued in College Park, Georgia, on invited on the overall regulatory, amendment to Title 14, Code of Federal February 15, 2013. aeronautical, economic, environmental, Regulations (14 CFR) part 71 to establish Barry A. Knight, and energy-related aspects of the Class E airspace at Pine Island, FL Manager, Operations Support Group, Eastern proposal. providing the controlled airspace Service Center, Air Traffic Organization. Communications should identify both required to support the new Copter [FR Doc. 2013–05210 Filed 3–5–13; 8:45 am] docket numbers (FAA Docket No. FAA– RNAV (GPS) special standard BILLING CODE 4910–13–P 2012–1336; Airspace Docket No. 12– instrument approach procedures for ASO–20) and be submitted in triplicate Pine Island Heliport. Controlled to the Docket Management System (see airspace extending upward from 700 DEPARTMENT OF TRANSPORTATION ADDRESSES section for address and feet above the surface is required for IFR phone number). You may also submit Federal Aviation Administration operations within a 6-mile radius of the comments through the Internet at point in space coordinates of the http://www.regulations.gov. 14 CFR Part 71 heliport. Persons wishing the FAA to Class E airspace designations are [Docket No. FAA–2012–1336; Airspace acknowledge receipt of their comments published in Paragraph 6005 of FAA Docket No. 12–ASO–20] on this action must submit with those order 7400.9W, dated August 8, 2012, comments a self-addressed stamped and effective September 15, 2012, which Proposed Establishment of Class E postcard on which the following is incorporated by reference in 14 CFR Airspace; Pine Island, FL statement is made: ‘‘Comments to 71.1. The Class E airspace designation Docket No. FAA–2012–1336; Airspace AGENCY: Federal Aviation listed in this document will be Docket No. 12–ASO–20.’’ The postcard Administration (FAA), DOT. published subsequently in the Order. will be date/time stamped and returned The FAA has determined that this ACTION: Notice of proposed rulemaking to the commenter. (NPRM). All communications received before proposed regulation only involves an the specified closing date for comments established body of technical SUMMARY: This action proposes to regulations for which frequent and establish Class E Airspace at Pine will be considered before taking action on the proposed rule. The proposal routine amendments are necessary to Island, FL, to accommodate a new Area keep them operationally current. It, Navigation (RNAV) Global Positioning contained in this notice may be changed in light of the comments received. A therefore, (1) is not a ‘‘significant System (GPS) special Standard regulatory action’’ under Executive Instrument Approach Procedure (SIAP) report summarizing each substantive public contact with FAA personnel Order 12866; (2) is not a ‘‘significant serving Pine Island Heliport. This action rule’’ under DOT Regulatory Policies would enhance the safety and airspace concerned with this rulemaking will be filed in the docket. and Procedures (44 FR 11034; February management of Instrument Flight Rules 26, 1979); and (3) does not warrant (IFR) operations within the National Availability of NPRMs preparation of a Regulatory Evaluation Airspace System. An electronic copy of this document as the anticipated impact is so minimal. DATES: Comments must be received on may be downloaded from and Since this is a routine matter that will or before April 22, 2013. comments submitted through http:// only affect air traffic procedures and air ADDRESSES: Send comments on this rule www.regulations.gov. Recently navigation, it is certified that this to: U.S. Department of Transportation, published rulemaking documents can proposed rule, when promulgated, Docket Operations, West Building also be accessed through the FAA’s web would not have a significant economic Ground Floor, Room W12–140, 1200 page at http://www.faa.gov/ impact on a substantial number of small New Jersey SE., Washington, DC 20590– airports_airtraffic/air_traffic/ entities under the criteria of the 0001; Telephone: 1–800–647–5527; Fax: publications/airspace_amendments/. Regulatory Flexibility Act. 202–493–2251. You must identify the You may review the public docket The FAA’s authority to issue rules Docket Number FAA–2012–1336; containing the proposal, any comments regarding aviation safety is found in Airspace Docket No. 12–ASO–20, at the received and any final disposition in Title 49 of the United States Code. beginning of your comments. You may person in the Dockets Office (see the Subtitle I, Section 106 describes the also submit and review received ADDRESSES section for address and authority of the FAA Administrator. comments through the Internet at phone number) between 9:00 a.m. and Subtitle VII, Aviation Programs, http://www.regulations.gov. 5:00 p.m., Monday through Friday, describes in more detail the scope of the FOR FURTHER INFORMATION CONTACT: John except Federal Holidays. An informal agency’s authority. This proposed Fornito, Operations Support Group, docket may also be examined during rulemaking is promulgated under the Eastern Service Center, Federal Aviation normal business hours at the office of authority described in Subtitle VII, Part, Administration, P.O. Box 20636, the Eastern Service Center, Federal A, Subpart I, Section 40103. Under that Atlanta, Georgia 30320; telephone (404) Aviation Administration, Room 350, section, the FAA is charged with 305–6364. 1701 Columbia Avenue, College Park, prescribing regulations to assign the use SUPPLEMENTARY INFORMATION: Georgia 30337. of airspace necessary to ensure the Persons interested in being placed on safety of aircraft and the efficient use of Comments Invited a mailing list for future NPRM’s should airspace. This proposed regulation is Interested persons are invited to contact the FAA’s Office of Rulemaking, within the scope of that authority as it comment on this rule by submitting (202) 267–9677, to request a copy of would establish Class E airspace at Pine such written data, views, or arguments, Advisory circular No. 11–2A, Notice of Island Heliport, Pine Island, FL.

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This proposal will be subject to an DEPARTMENT OF TRANSPORTATION environmental, and energy-related environmental analysis in accordance aspects of the proposal. with FAA Order 1050.1E, Federal Aviation Administration Communications should identify both ‘‘Environmental Impacts: Policies and docket numbers and be submitted in Procedures’’ prior to any FAA final 14 CFR Part 71 triplicate to the address listed above. regulatory action. [Docket No. FAA–2012–1097; Airspace Commenters wishing the FAA to Docket No. 12–AGL–1] acknowledge receipt of their comments Lists of Subjects in 14 CFR Part 71 on this notice must submit with those Proposed Establishment of Class E comments a self-addressed, stamped Airspace, Incorporation by reference, Airspace; Linton, ND postcard on which the following Navigation (air). statement is made: ‘‘Comments to AGENCY: Federal Aviation The Proposed Amendment Docket No. FAA–2012–1097/Airspace Administration (FAA), DOT. Docket No. 12–AGL–1.’’ The postcard In consideration of the foregoing, the ACTION: Notice of proposed rulemaking will be date/time stamped and returned Federal Aviation Administration (NPRM). to the commenter. proposes to amend 14 CFR part 71 as SUMMARY: Availability of NPRMs follows: This action proposes to establish Class E airspace at Linton, ND. An electronic copy of this document PART 71 —DESIGNATION OF CLASS Controlled airspace is necessary to may be downloaded through the A, B, C, D, AND CLASS E AIRSPACE accommodate new Standard Instrument Internet at http://www.regulations.gov. AREAS; AIR TRAFFIC SERVICE Approach Procedures (SIAP) at Linton Recently published rulemaking ROUTES; AND REPORTING POINTS Municipal Airport. The FAA is taking documents can also be accessed through this action to enhance the safety and the FAA’s Web page at http:// management of Instrument Flight Rules _ ■ 1. The authority citation for part 71 www.faa.gov/airports airtraffic/ (IFR) operations for SIAPs at the airport. _ continues to read as follows: air traffic/publications/ DATES: 0901 UTC. Comments must be airspace_amendments/. Authority: 49 U.S.C. 106(g); 40103, 40113, received on or before April 22, 2013. You may review the public docket 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ADDRESSES: Send comments on this containing the proposal, any comments 1963 Comp., p. 389. proposal to the U.S. Department of received and any final disposition in person in the Dockets Office (see § 71.1 [Amended] Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building ADDRESSES section for address and ■ 2. The incorporation by reference in Ground Floor, Room W12–140, phone number) between 9:00 a.m. and 14 CFR 71.1 of Federal Aviation Washington, DC 20590–0001. You must 5:00 p.m., Monday through Friday, Administration Order 7400.9W, identify the docket number FAA–2012– except Federal holidays. An informal Airspace Designations and Reporting 1097/Airspace Docket No. 12–AGL–1, at docket may also be examined during Points, dated August 8, 2012, effective the beginning of your comments. You normal business hours at the office of September 15, 2012, is amended as may also submit comments through the the Central Service Center, 2601 follows: Internet at http://www.regulations.gov. Meacham Blvd., Fort Worth, TX 76137. You may review the public docket Persons interested in being placed on Paragraph 6005 Class E airspace areas containing the proposal, any comments a mailing list for future NPRMs should extending upward from 700 feet or more contact the FAA’s Office of Rulemaking above the surface of the earth. received, and any final disposition in person in the Dockets Office between 202–267–9677, to request a copy of * * * * * 9:00 a.m. and 5:00 p.m., Monday Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution ASO FL E5 Pine Island, FL [New] through Friday, except Federal holidays. The Docket Office (telephone 1–800– System, which describes the application Pine Island Heliport, FL procedure. (Lat. 26°36′24″ N., long. 82°6′39″ W.) 647–5527) is on the ground floor of the Point in Space Coordinates building at the above address. The Proposal (Lat. 26°36′24″ N., long. 82°6′39″ W.) FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title That airspace extending upward from 700 Scott Enander, Central Service Center, 14, Code of Federal Regulations (14 feet above the surface within a 6-mile radius Operations Support Group, Federal CFR), Part 71 by establishing Class E of the Point in Space Coordinates (lat. Aviation Administration, Southwest airspace extending upward from 700 26°36′24″ N., long. 82°6′39″ W.) serving Pine Region, 2601 Meacham Blvd., Fort and 1,200 feet above the surface to Island Heliport. Worth, TX 76137; telephone: 817–321– accommodate new standard instrument 7716. Issued in College Park, Georgia, on approach procedures at Linton SUPPLEMENTARY INFORMATION: February 15, 2013. Municipal Airport, Linton, ND. Controlled airspace is needed for the Barry A. Knight, Comments Invited safety and management of IFR Manager, Operations Support Group, Eastern Interested parties are invited to operations at the airport. Service Center, Air Traffic Organization. participate in this proposed rulemaking Class E airspace areas are published [FR Doc. 2013–05207 Filed 3–5–13; 8:45 am] by submitting such written data, views, in Paragraph 6005 of FAA Order BILLING CODE 4910–13–P or arguments, as they may desire. 7400.9W, dated August 8, 2012 and Comments that provide the factual basis effective September 15, 2012, which is supporting the views and suggestions incorporated by reference in 14 CFR presented are particularly helpful in 71.1. The Class E airspace designation developing reasoned regulatory listed in this document would be decisions on the proposal. Comments published subsequently in the Order. are specifically invited on the overall The FAA has determined that this regulatory, aeronautical, economic, proposed regulation only involves an

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established body of technical § 71.1 [Amended] may also submit and review received regulations for which frequent and ■ 2. The incorporation by reference in comments through the Internet at routine amendments are necessary to 14 CFR 71.1 of FAA Order 7400.9W, http://www.regulations.gov. keep them operationally current. It, Airspace Designations and Reporting FOR FURTHER INFORMATION CONTACT: John therefore, (1) is not a ‘‘significant Points, dated August 8, 2012, and Fornito, Operations Support Group, regulatory action’’ under Executive effective September 15, 2012, is Eastern Service Center, Federal Aviation Order 12866; (2) is not a ‘‘significant amended as follows: Administration, P.O. Box 20636, rule’’ under DOT Regulatory Policies Paragraph 6005 Class E Airspace areas Atlanta, Georgia 30320; telephone (404) and Procedures (44 FR 11034; February extending upward from 700 feet or more 305–6364. 26, 1979); and (3) does not warrant above the surface of the earth. SUPPLEMENTARY INFORMATION: preparation of a Regulatory Evaluation * * * * * as the anticipated impact is so minimal. Comments Invited AGL ND E5 Linton, ND [New] Since this is a routine matter that will Interested persons are invited to only affect air traffic procedures and air Linton Municipal Airport, ND ° ′ ″ ° ′ ″ comment on this rule by submitting navigation, it is certified that this rule, (Lat. 46 13 14 N., long. 100 14 44 W.) such written data, views, or arguments, when promulgated, will not have a That airspace extending upward from 700 as they may desire. Comments that significant economic impact on a feet above the surface within a 7.5-mile provide the factual basis supporting the radius of Linton Municipal Airport, and that substantial number of small entities views and suggestions presented are under the criteria of the Regulatory airspace extending upward from 1,200 feet above the surface within a 64-mile radius of particularly helpful in developing Flexibility Act. the airport. reasoned regulatory decisions on the The FAA’s authority to issue rules proposal. Comments are specifically regarding aviation safety is found in Issued in Fort Worth, TX, on February 12, 2013. invited on the overall regulatory, Title 49 of the U.S. Code. Subtitle 1, David P. Medina, aeronautical, economic, environmental, Section 106 describes the authority of and energy-related aspects of the the FAA Administrator. Subtitle VII, Manager, Operations Support Group, ATO Central Service Center. proposal. Aviation Programs, describes in more Communications should identify both [FR Doc. 2013–05206 Filed 3–5–13; 8:45 am] detail the scope of the agency’s docket numbers (FAA Docket No. FAA– authority. This rulemaking is BILLING CODE 4901–13–P 2012–1337; Airspace Docket No. 12– promulgated under the authority ASO–21) and be submitted in triplicate described in Subtitle VII, Part A, DEPARTMENT OF TRANSPORTATION to the Docket Management System (see Subpart I, Section 40103. Under that ADDRESSES section for address and section, the FAA is charged with Federal Aviation Administration phone number). You may also submit prescribing regulations to assign the use comments through the Internet at of airspace necessary to ensure the 14 CFR Part 71 http://www.regulations.gov. safety of aircraft and the efficient use of Persons wishing the FAA to airspace. This regulation is within the [Docket No. FAA–2012–1337; Airspace acknowledge receipt of their comments scope of that authority as it would Docket No. 12–ASO–21] on this action must submit with those establish controlled airspace at Linton Proposed Establishment of Class E comments a self-addressed stamped Municipal Airport, Linton, ND. Airspace; Boca Grande, FL postcard on which the following Environmental Review statement is made: ‘‘Comments to AGENCY: Federal Aviation Docket No. FAA–2012–1337; Airspace This proposal will be subject to an Administration (FAA), DOT. Docket No. 12–ASO–21.’’ The postcard environmental analysis in accordance ACTION: Notice of proposed rulemaking will be date/time stamped and returned with FAA Order 1050.1E, (NPRM). to the commenter. ‘‘Environmental Impacts: Policies and All communications received before Procedures’’ prior to any FAA final SUMMARY: This action proposes to the specified closing date for comments regulatory action. establish Class E Airspace at Boca will be considered before taking action Grande, FL, to accommodate a new Area List of Subjects in 14 CFR Part 71 on the proposed rule. The proposal Navigation (RNAV) Global Positioning contained in this notice may be changed Airspace, Incorporation by reference, System (GPS) special Standard in light of the comments received. A Navigation (air). Instrument Approach Procedure (SIAP) report summarizing each substantive serving Boca Grande Heliport. This public contact with FAA personnel The Proposed Amendment action would enhance the safety and concerned with this rulemaking will be In consideration of the foregoing, the airspace management of Instrument filed in the docket. Federal Aviation Administration Flight Rules (IFR) operations within the Availability of NPRMs proposes to amend 14 CFR part 71 as National Airspace System. follows: DATES: Comments must be received on An electronic copy of this document or before April 22, 2013. may be downloaded from and PART 71—DESIGNATION OF CLASS A, ADDRESSES: Send comments on this rule comments submitted through http:// B, C, D, AND E AIRSPACE AREAS; AIR to: U.S. Department of Transportation, www.regulations.gov. Recently TRAFFIC SERVICE ROUTES; AND Docket Operations, West Building published rulemaking documents can REPORTING POINTS Ground Floor, Room W12–140, 1200 also be accessed through the FAA’s Web New Jersey, SE., Washington, DC page at ■ 1. The authority citation for part 71 20590–0001; Telephone: 1–800–647– http://www.faa.gov/airports_airtraffic/ continues to read as follows: 5527; Fax: 202–493–2251. You must air_traffic/publications/ _ Authority: 49 U.S.C. 106(g); 40103, 40113, identify the Docket Number FAA–2012– airspace amendments/. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1337; Airspace Docket No. 12–ASO–21, You may review the public docket 1963 Comp., p. 389. at the beginning of your comments. You containing the proposal, any comments

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received and any final disposition in Subtitle I, Section 106 describes the Issued in College Park, Georgia, on person in the Dockets Office (see the authority of the FAA Administrator. February 15, 2013. ADDRESSES section for address and Subtitle VII, Aviation Programs, Barry A. Knight, phone number) between 9:00 a.m. and describes in more detail the scope of the Manager, Operations Support Group, Eastern 5:00 p.m., Monday through Friday, agency’s authority. This proposed Service Center, Air Traffic Organization. except Federal holidays. An informal rulemaking is promulgated under the [FR Doc. 2013–05215 Filed 3–5–13; 8:45 am] docket may also be examined during authority described in Subtitle VII, Part, BILLING CODE 4910–13–P normal business hours at the office of A, Subpart I, Section 40103. Under that the Eastern Service Center, Federal section, the FAA is charged with Aviation Administration, Room 350, prescribing regulations to assign the use DEPARTMENT OF EDUCATION 1701 Columbia Avenue, College Park, of airspace necessary to ensure the Georgia 30337. safety of aircraft and the efficient use of 34 CFR Chapter III Persons interested in being placed on airspace. This proposed regulation is a mailing list for future NPRM’s should within the scope of that authority as it [CFDA Number: 84.133B–1.] contact the FAA’s Office of Rulemaking, would establish Class E airspace at Boca (202) 267–9677, to request a copy of Grande Heliport, Boca Grande, FL. Proposed Priority—National Institute Advisory circular No. 11–2A, Notice of on Disability and Rehabilitation This proposal will be subject to an Proposed Rulemaking distribution Research—Rehabilitation Research environmental analysis in accordance System, which describes the application and Training Center on Research and with FAA Order 1050.1E, procedure. Capacity Building for Minority Entities ‘‘Environmental Impacts: Policies and The Proposal Procedures’’ prior to any FAA final AGENCY: Office of Special Education and The FAA is considering an regulatory action. Rehabilitative Services, Department of amendment to Title 14, Code of Federal Lists of Subjects in 14 CFR Part 71 Education. Regulations (14 CFR) part 71 to establish ACTION: Proposed priority. Class E airspace at Boca Grande, FL Airspace, Incorporation by reference, providing the controlled airspace Navigation (air). SUMMARY: The Assistant Secretary for required to support the new Copter Special Education and Rehabilitative RNAV (GPS) special standard The Proposed Amendment Services proposes a priority for the Disability and Rehabilitation Research instrument approach procedures for In consideration of the foregoing, the Projects and Centers Program Boca Grande Heliport. Controlled Federal Aviation Administration administered by the National Institute airspace extending upward from 700 proposes to amend 14 CFR part 71 as on Disability and Rehabilitation feet above the surface is required for IFR follows: operations within a 6-mile radius of the Research (NIDRR). Specifically, this point in space coordinates of the PART 71—DESIGNATION OF CLASS A, notice proposes a priority for a heliport. B, C, D, AND CLASS E AIRSPACE Rehabilitation Research and Training Class E airspace designations are AREAS; AIR TRAFFIC SERVICE Center (RRTC) on Research and published in Paragraph 6005 of FAA ROUTES; AND REPORTING POINTS Capacity Building for Minority Entities. order 7400.9W, dated August 8, 2012, The Assistant Secretary may use this and effective September 15, 2012, which ■ 1. The authority citation for part 71 priority for competitions in fiscal year is incorporated by reference in 14 CFR continues to read as follows: (FY) 2013 and later years. We take this 71.1. The Class E airspace designation action to focus research attention on listed in this document will be Authority: 49 U.S.C. 106(g); 40103, 40113, areas of national need. We intend this published subsequently in the Order. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– priority to improve employment The FAA has determined that this 1963 Comp., p. 389. outcomes for individuals with proposed regulation only involves an § 71.1 [Amended] disabilities. established body of technical DATES: We must receive your comments regulations for which frequent and ■ 2. The incorporation by reference in on or before April 5, 2013. routine amendments are necessary to 14 CFR 71.1 of Federal Aviation keep them operationally current. It, Administration Order 7400.9W, ADDRESSES: Address all comments about therefore, (1) Is not a ‘‘significant Airspace Designations and Reporting this notice to Marlene Spencer, U.S. regulatory action’’ under Executive Points, dated August 8, 2012, effective Department of Education, 400 Maryland Order 12866; (2) is not a ‘‘significant September 15, 2012, is amended as Avenue SW., room 5133, Potomac rule’’ under DOT Regulatory Policies follows: Center Plaza (PCP), Washington, DC 20202–2700. and Procedures (44 FR 11034; February Paragraph 6005 Class E airspace areas 26, 1979); and (3) does not warrant If you prefer to send your comments extending upward from 700 feet or more by email, use the following address: preparation of a Regulatory Evaluation above the surface of the earth as the anticipated impact is so minimal. [email protected]. You must * * * * * Since this is a routine matter that will include ‘‘Proposed Priority—RRTC on only affect air traffic procedures and air ASO FL E5 Boca Grande, FL [New] Research and Capacity Building for Minority Entities’’ in the subject line of navigation, it is certified that this Boca Grande Heliport, FL proposed rule, when promulgated, (Lat. 26°44′33″ N., long. 82°15′32″ W.) your electronic message. would not have a significant economic Point in Space Coordinates FOR FURTHER INFORMATION CONTACT: impact on a substantial number of small (Lat. 26°44′33″ N., long. 82°15′32″ W.) Marlene Spencer. Telephone: (202) 245– entities under the criteria of the That airspace extending upward from 700 7532 or by email: Regulatory Flexibility Act. feet above the surface within a 6-mile radius [email protected]. The FAA’s authority to issue rules of the Point in Space Coordinates (lat. If you use a telecommunications regarding aviation safety is found in 26°44′33″ N., long. 82°15′32″ W.) serving device for the deaf (TDD) or a text Title 49 of the United States Code. Boca Grande Heliport. telephone (TTY), call the Federal Relay

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Service (FRS), toll free, at 1–800–877– disability who needs assistance to representatives, providers, and other 8339. review the comments or other interested parties. SUPPLEMENTARY INFORMATION: This documents in the public rulemaking Program Authority: 29 U.S.C. 762(g) and notice of proposed priority is in concert record for this notice. If you want to 764(b)(2). with NIDRR’s currently approved Long- schedule an appointment for this type of Applicable Program Regulations: 34 Range Plan (Plan). The Plan, which was accommodation or auxiliary aid, please CFR part 350. published in the Federal Register on contact the person listed under FOR February 15, 2006 (71 FR 8165), can be FURTHER INFORMATION CONTACT. Proposed Priority Purpose of Program: The purpose of accessed on the Internet at the following This notice contains one proposed site: www.ed.gov/about/offices/list/ the Disability and Rehabilitation Research Projects and Centers Program priority. osers/nidrr/policy.html. RRTC on Research and Capacity is to plan and conduct research, Through the implementation of the Building for Minority Entities. Plan, NIDRR seeks to: (1) Improve the demonstration projects, training, and quality and utility of disability and related activities, including Background rehabilitation research; (2) foster an international activities, to develop There are approximately 19.6 million exchange of expertise, information, and methods, procedures, and rehabilitation people between the ages of 18 and 64 training methods to facilitate the technology that maximize the full with a disability in the United States. advancement of knowledge and inclusion and integration into society, Among people in the United States understanding of the unique needs of employment, independent living, family between the ages of 18 and 64, 10.4 traditionally underserved populations; support, and economic and social self- percent of non-Hispanic Whites, 7.9 (3) determine best strategies and sufficiency of individuals with percent of Hispanics, and 4 percent of programs to improve rehabilitation disabilities, especially individuals with Asians reported having a disability in outcomes for underserved populations; the most severe disabilities; and to 2011, as compared with 13.6 percent of (4) identify research gaps; (5) identify improve the effectiveness of services Blacks or African Americans, and 17.1 mechanisms for integrating research and authorized under the Rehabilitation Act percent of American Indians or Alaskan practice; and (6) disseminate findings. of 1973, as amended (Rehabilitation Natives (Erickson et al., 2012). Not only This notice proposes a priority that Act). do some racial and ethnic populations NIDRR intends to use for RRTC RRTC Program experience higher rates of disability competitions in FY 2013 and possibly than non-Hispanic Whites, but there are later years. However, nothing precludes The purpose of the RRTCs, which are other examples of disparate outcomes in NIDRR from publishing additional funded through the Disability and various life domains for racial and priorities, if needed. Furthermore, Rehabilitation Research Projects and ethnic populations when compared to NIDRR is under no obligation to make Centers Program, is to improve the non-Hispanic Whites. For example, an award for this priority. The decision effectiveness of services authorized adult Hispanics, American Indians or to make an award will be based on the under the Rehabilitation Act, through Alaska Natives, and Blacks or African quality of applications received and advanced research, training, technical Americans with disabilities are available funding. assistance, and dissemination activities significantly more likely to report fair or Invitation to Comment: We invite you in general problem areas, as specified by poor health (55.2 percent, 50.5 percent, to submit comments regarding this NIDRR. Such activities are designed to and 46.6 percent, respectively) notice. To ensure that your comments benefit rehabilitation service providers, compared to non-Hispanic White and have maximum effect in developing the individuals with disabilities, and the Asian individuals with disabilities (36.9 notice of final priority, we urge you to family members or other authorized percent and 24.9 percent, respectively) identify clearly the specific topic that representatives of individuals with (Wolf et al., 2008). Blacks or African each comment addresses. disabilities. Additional information on Americans and Hispanics with We invite you to assist us in the RRTC program can be found at: disabilities have significantly higher complying with the specific www.ed.gov/rschstat/research/pubs/res- rates of unemployment (23.5 percent requirements of Executive Orders 12866 program.html#RRTC. and 20.3 percent, respectively), relative and 13563 and their overall requirement Statutory and Regulatory to non-Hispanic White individuals with of reducing regulatory burden that Requirements of RRTCs RRTCs must— disabilities (13.7 percent) (Bureau of might result from this proposed priority. • Carry out coordinated advanced Labor Statistics, 2011). Please let us know of any further ways programs of rehabilitation research; The disparities in outcomes provided we could reduce potential costs or • Provide training, including the basis for section 21 of the increase potential benefits while graduate, pre-service, and in-service Rehabilitation Act (29 U.S.C. 718). preserving the effective and efficient training, to help rehabilitation Section 21 requires NIDRR to reserve a administration of the program. personnel more effectively provide portion of its funds each year for certain During and after the comment period, rehabilitation services to individuals outreach activities, which may include you may inspect all public comments with disabilities; making awards to minority entities and about this notice in room 5133, 550 12th • Provide technical assistance to Indian tribes to conduct research, Street SW., PCP, Washington, DC, individuals with disabilities, their training, and technical assistance or between the hours of 8:30 a.m. and 4:00 representatives, providers, and other related activities to improve services for p.m., Washington, DC time, Monday interested parties; individuals with disabilities from through Friday of each week except • Disseminate informational materials traditionally underserved racial and Federal holidays. to individuals with disabilities, their ethnic minority populations. The Assistance to Individuals with representatives, providers, and other requirements in section 21 are aimed at Disabilities in Reviewing the interested parties; and helping individuals with disabilities Rulemaking Record: On request we will • Serve as centers of national from minority backgrounds and provide an appropriate accommodation excellence in rehabilitation research for communities overcome the numerous or auxiliary aid to an individual with a individuals with disabilities, their challenges they face. These challenges

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include language barriers; cultural Enterprise: The Researchers’ Perspective. (f) Developing and implementing a traditions and attitudes about disability; Oklahoma City: Department of Rehabilitation strategy for disseminating research, limited numbers of professional Counseling and Disability Studies/Langston training, and technical assistance rehabilitation specialists and University. Wolf, L.A., Armour, B.S., & Campbell, V.A. products developed by the RRTC. The researchers from minority backgrounds; (2008). Racial/Ethnic Disparities in Self- RRTC’s dissemination strategy must higher rates of poverty and lower rates Rated Health Status among Adults with and include an online information of formal education; physical, social, without Disabilities. Retrieved from cdc.gov/ dissemination system that meets a and informational isolation from mmwr/preview/mmwrhtml/mm5739a1.htm. government- or industry-recognized mainstream disability and rehabilitation Proposed Priority standard for accessibility by individuals agencies; and cultural identity and with disabilities. cross-cultural mistrust, among others The Assistant Secretary for Special (Balcazar et al., 2010). The section 21 Education and Rehabilitative Services Types of Priorities requirements are aligned with NIDRR’s proposes a priority to establish a When inviting applications for a commitment to develop new Rehabilitation Research and Training competition using one or more knowledge, interventions, and products Center (RRTC) on Research and priorities, we designate the type of each that lead to improved outcomes for all Capacity Building for Minority Entities. priority as absolute, competitive individuals with disabilities, as well as One purpose of the RRTC is to generate preference, or invitational through a to build the research capacity of entities new knowledge about the experiences notice in the Federal Register. The with close cultural and social and outcomes of individuals with effect of each type of priority follows: connections to individuals with disabilities from racial and ethnic Absolute priority: Under an absolute disabilities from minority backgrounds. minority backgrounds that can be used priority, we consider only applications Minority entities are under- as a foundation for developing that meet the priority (34 CFR interventions to improve those represented in the field of disability and 75.105(c)(3)). rehabilitation research, and, outcomes. Another purpose of the RRTC is to enhance rehabilitation research Competitive preference priority: specifically, historically Black colleges Under a competitive preference priority, or universities (HBCUs) are under- capacity at minority entities, as defined in section 21 of the Rehabilitation Act we give competitive preference to an represented among NIDRR’s grantees application by (1) awarding additional (Moore et al., 2012). A minority entity, (29 U.S.C 718). The RRTC must contribute to these outcomes by: points, depending on the extent to as defined in section 21 of the which the application meets the priority Rehabilitation Act (29 U.S.C. 718), is a (a) Conducting research that examines experiences and outcomes of (34 CFR 75.105(c)(2)(i)); or (2) selecting historically Black college or university, an application that meets the priority a Hispanic-serving institution of higher individuals with disabilities from traditionally underserved racial and over an application of comparable merit education, an American Indian tribal that does not meet the priority (34 CFR college or university, or another ethnic populations. Applicants must focus their research activities on topics 75.105(c)(2)(ii)). institution of higher education whose Invitational priority: Under an minority student enrollment is at least that fall under at least one of the following major life domains identified invitational priority, we are particularly 50 percent. Efforts are needed to build interested in applications that meet the the capacity of HBCUs and other in NIDRR’s Final Long-Range Plan for FY 2005–2009: (1) Employment, (2) priority. However, we do not give an minority entities to conduct disability application that meets the priority a and rehabilitation research and develop Participation and Community Living, or (3) Health and Function. preference over other applications (34 rehabilitation professionals to address CFR 75.105(c)(1)). the ongoing challenges of providing (b) Conducting research on the Final Priority: We will announce the equal opportunity and benefit to feasibility and potential effectiveness of final priority in a notice in the Federal individuals with disabilities from methods and models for enhancing Register. We will determine the final traditionally underserved minority disability and rehabilitation research priority after considering responses to backgrounds and communities (Moore capacity and infrastructure at minority this notice and other information et al., 2012). entities. (c) Serving as a national resource available to the Department. This notice References center for minority entities that are does not preclude us from proposing Balcazar, F.E., Suarez-Balcazar, Y., Taylor- seeking to develop their research additional priorities, requirements, Ritzler, T., & Keys, C. (2010). Race, Culture, infrastructure, and to enhance their definitions, or selection criteria, subject and Disability: Rehabilitation, Science, and capacity to engage in disability and to meeting applicable rulemaking Practice. Sudbury, MA: Jones & Bartlett. rehabilitation research. The RRTC must requirements. Bureau of Labor Statistics, U.S. Department provide technical assistance and Note: This notice does not solicit of Labor. Persons with a Disability: Labor training to minority entities in order to applications. In any year in which we choose Force Characteristics-2011. Retrieved July 19, develop their institutional research to use this priority, we invite applications 2012, from: www.bls.gov/news.release/pdf/ through a notice in the Federal Register. disabl.pdf. infrastructure and enhance their Erickson, W., Lee, C., & von Schrader, S. capacity to conduct disability and (2012). Disability Statistics from the 2010 rehabilitation research. Executive Orders 12866 and 13563 American Community Survey. Ithaca, NY: (d) Involving individuals with Regulatory Impact Analysis Cornell University Rehabilitation Research disabilities from traditionally and Training Center on Disability underserved racial and ethnic Under Executive Order 12866, the Demographics and Statistics. Retrieved July populations in planning and Secretary must determine whether this 23, 2012, from: www.disabilitystatistics.org. implementing the RRTC’s activities and regulatory action is ‘‘significant’’ and, Moore, C.L., Johnson, J.E., Manyibe, E.O., therefore, subject to the requirements of Washington, A.L., Uchegbu, N., & Eugene- evaluating its work. Cross, K. (2012). Barriers to the Participation (e) Providing outreach and training the Executive order and subject to of Historically Black Colleges and that enhances awareness of NIDRR and review by the Office of Management and Universities in the Federal Disability and its research programs among minority Budget (OMB). Section 3(f) of Executive Rehabilitation Research and Development entities. Order 12866 defines a ‘‘significant

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regulatory action’’ as an action likely to Information and Regulatory Affairs of and the Code of Federal Regulations is result in a rule that may— OMB has emphasized that these available via the Federal Digital System (1) Have an annual effect on the techniques may include ‘‘identifying at: www.gpo.gov/fdsys. At this site you economy of $100 million or more, or changing future compliance costs that can view this document, as well as all adversely affect a sector of the economy, might result from technological other documents of this Department productivity, competition, jobs, the innovation or anticipated behavioral published in the Federal Register, in environment, public health or safety, or changes.’’ text or Adobe Portable Document State, local, or tribal governments or We are issuing this proposed priority Format (PDF). To use PDF you must communities in a material way (also only on a reasoned determination that have Adobe Acrobat Reader, which is referred to as an ‘‘economically its benefits would justify its costs. In available free at the site. significant’’ rule); choosing among alternative regulatory You may also access documents of the (2) Create serious inconsistency or approaches, we selected those Department published in the Federal otherwise interfere with an action taken approaches that would maximize net Register by using the article search or planned by another agency; benefits. Based on the analysis that feature at: www.federalregister.gov. (3) Materially alter the budgetary follows, the Department believes that Specifically, through the advanced impacts of entitlement grants, user fees, this proposed priority is consistent with search feature at this site, you can limit or loan programs or the rights and the principles in Executive Order 13563. your search to documents published by obligations of recipients thereof; or We also have determined that this the Department. (4) Raise novel legal or policy issues regulatory action would not unduly arising out of legal mandates, the interfere with State, local, and tribal Dated: March 1, 2013. President’s priorities, or the principles governments in the exercise of their Michael K. Yudin, stated in the Executive order. governmental functions. Acting Assistant Secretary for Special This proposed regulatory action is not In accordance with both Executive Education and Rehabilitative Services. a significant regulatory action subject to orders, the Department has assessed the [FR Doc. 2013–05225 Filed 3–5–13; 8:45 am] review by OMB under section 3(f) of potential costs and benefits of this BILLING CODE 4000–01–P Executive Order 12866. regulatory action. The potential costs We have also reviewed this regulatory are those resulting from statutory action under Executive Order 13563, requirements and those we have DEPARTMENT OF EDUCATION which supplements and explicitly determined as necessary for reaffirms the principles, structures, and administering the Department’s 34 CFR Chapter III definitions governing regulatory review programs and activities. [CFDA Number: 84.133B–10.] established in Executive Order 12866. The benefits of the Disability and To the extent permitted by law, Rehabilitation Research Projects and Proposed Priority—National Institute Executive Order 13563 requires that an Centers Programs have been well on Disability and Rehabilitation agency— established over the years. Projects Research—Rehabilitation Research (1) Propose or adopt regulations only similar to the new RTTC have been and Training Center on a reasoned determination that their completed successfully, and the new AGENCY: Office of Special Education and benefits justify their costs (recognizing RTTC, established consistently with this Rehabilitative Services, Department of that some benefits and costs are difficult priority, is expected to improve the lives Education. to quantify); of individuals with disabilities from (2) Tailor its regulations to impose the minority backgrounds; generate through ACTION: Proposed priority. least burden on society, consistent with research and development, disseminate, SUMMARY: The Assistant Secretary for obtaining regulatory objectives and and promote the use of new information Special Education and Rehabilitative taking into account—among other things that will improve the outcomes for Services proposes a priority under the and to the extent practicable—the costs individuals with disabilities; and Rehabilitation Research and Training of cumulative regulations; increase the capacity of minority Center (RRTC) Program administered by (3) In choosing among alternative entities to conduct disability and the National Institute on Disability and regulatory approaches, select those rehabilitation research and develop Rehabilitation Research (NIDRR). approaches that maximize net benefits rehabilitation professionals. Specifically, this notice proposes a (including potential economic, Intergovernmental Review: This priority for an RRTC on Promoting environmental, public health and safety, program is not subject to Executive Healthy Aging for Individuals with and other advantages; distributive Order 12372 and the regulations in 34 Long-Term Physical Disabilities. The impacts; and equity); CFR part 79. Assistant Secretary may use this priority (4) To the extent feasible, specify Accessible Format: Individuals with for competitions in fiscal year (FY) 2013 performance objectives, rather than the disabilities can obtain this document in and later years. We take this action to behavior or manner of compliance a an accessible format (e.g., braille, large focus research attention on an area of regulated entity must adopt; and print, audiotape, or compact disc) by (5) Identify and assess available contacting the Grants and Contracts national need. We intend the priority to alternatives to direct regulation, Services Team, U.S. Department of contribute to improved health and including economic incentives—such as Education, 400 Maryland Avenue SW., function outcomes for individuals aging user fees or marketable permits—to Room 5075, PCP, Washington, DC with long-term physical disabilities. encourage the desired behavior, or 20202–2550. Telephone: (202) 245– DATES: We must receive your comments provide information that enables the 7363. If you use a TDD or TTY, call the on or before April 5, 2013. public to make choices. FRS, toll free, at 1–800–877–8339. ADDRESSES: Address all comments about Executive Order 13563 also requires Electronic Access to This Document: this notice to Marlene Spencer, U.S. an agency ‘‘to use the best available The official version of this document is Department of Education, 400 Maryland techniques to quantify anticipated the document published in the Federal Avenue SW., room 5133, Potomac present and future benefits and costs as Register. Free Internet access to the Center Plaza (PCP), Washington, DC accurately as possible.’’ The Office of official edition of the Federal Register 20202–2700.

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If you prefer to send your comments preserving the effective and efficient Proposed Priority by email, use the following address: administration of the program. This notice contains one proposed [email protected]. You must During and after the comment period, priority. include the phrase ‘‘Proposed Priority you may inspect all public comments RRTC on Promoting Healthy Aging for for Promoting Healthy Aging for about this proposed priority in room Individuals with Long-Term Physical Individuals with Long-Term Physical 5133, 550 12th Street SW., PCP, Disabilities. Disabilities’’ in the subject line of your Washington, DC, between the hours of electronic message. 8:30 a.m. and 4:00 p.m., Washington, Background FOR FURTHER INFORMATION CONTACT: DC time, Monday through Friday of Of the 51.5 million adults with a Marlene Spencer. Telephone: (202) 245– each week except Federal holidays. disability, 41.5 million have disabilities 7532 or by email: Assistance to Individuals with in the physical domain (Brault, 2012). [email protected]. Disabilities in Reviewing the These numbers will likely grow If you use a telecommunications Rulemaking Record: On request we will significantly in the next 25 to 30 years device for the deaf (TDD) or a text provide an appropriate accommodation as the baby boom generation continues telephone (TTY), call the Federal Relay or auxiliary aid to an individual with a to enter later life, when the risk of Service (FRS), toll free, at 1–800–877– disability who needs assistance to disability is the highest (IOM, 2007). 8339. review the comments or other In 2010, 29.5 million Americans aged documents in the public rulemaking 21 to 64, or 16.6 percent of the working- SUPPLEMENTARY INFORMATION: This record for this notice. If you want to age population, reported disabilities proposed priority is in concert with schedule an appointment for this type of (Brault, 2012). This large working-age NIDRR’s Long-Range Plan (Plan). The accommodation or auxiliary aid, please group includes people who are aging Plan, which was published in the contact the person listed under FOR with life-long and early-onset Federal Register on February 15, 2006 FURTHER INFORMATION CONTACT. disabilities that were once associated (71 FR 8165), can be accessed on the Purpose of Program: The purpose of with shortened life expectancy (IOM, Internet at the following site: the Disability and Rehabilitation 2007; Jensen et al., 2011; Kemp & www.ed.gov/about/offices/list/osers/ Research Projects and Centers Program Mosqueda, 2004). This segment of the nidrr/policy.html. is to plan and conduct research, disabled population with early-onset, Through the implementation of the demonstration projects, training, and life-long disabilities is now Plan, NIDRR seeks to: (1) Improve the related activities, including experiencing the benefits of increased quality and utility of disability and international activities, to develop longevity as well as premature or rehabilitation research; (2) foster an methods, procedures, and rehabilitation atypical aging related to their conditions exchange of expertise, information, and technology that maximize the full (Groah et al., 2012; IOM, 2007; Jensen et training methods to facilitate the inclusion and integration into society, al., 2011; Kemp & Mosqueda, 2004). advancement of knowledge and employment, independent living, family Aging with disability is now a understanding of the unique needs of support, and economic and social self- common experience of individuals with traditionally underserved populations; sufficiency of individuals with significant physical disabilities (Kemp & (3) determine best strategies and disabilities, especially individuals with Mosqueda, 2004). We still lack national programs to improve rehabilitation the most severe disabilities, and to statistics on the size of this emerging outcomes for underserved populations; improve the effectiveness of services population due to limitations in major (4) identify research gaps; (5) identify authorized under the Rehabilitation Act national surveys that track disability, mechanisms for integrating research and of 1973, as amended (Rehabilitation which do not collect information on age practice; and (6) disseminate findings. Act). of onset or duration of primary This notice proposes one priority that disability (IOM, 2007; Washko et al., NIDRR intends to use for one or more Rehabilitation Research and Training 2012). However, the most recent competitions in FY 2013 and possibly Centers estimates available indicate that later years. However, nothing precludes The purpose of the RRTCs, which are approximately seven to nine percent of NIDRR from publishing additional funded through the Disability and adults had a disability with onset before priorities, if needed. Furthermore, Rehabilitation Research Projects and age 20, and approximately 20 to 30 NIDRR is under no obligation to make Centers Program, is to achieve the goals percent experienced the onset of their an award using this priority. The of, and improve the effectiveness of, disability between ages 20 and 44 decision to make an award will be based services authorized under the (Verbrugge & Yang, 2002). on the quality of applications received Rehabilitation Act through advanced Regardless of timing of onset, as and available funding. research, training, technical assistance, individuals with long-term disabilities Invitation To Comment: We invite and dissemination activities in general age, many face significant new you to submit comments regarding this problem areas, as specified by NIDRR. challenges to their health and notice. To ensure that your comments These activities are designed to benefit independence due to the onset of have maximum effect in developing the rehabilitation service providers, secondary conditions associated with notice of final priority, we urge you to individuals with disabilities, and the changes in the underlying impairment identify clearly the specific topic that family members or other authorized (Groah et al., 2012; IOM, 2007; Jensen et each comment addresses. representatives of individuals with al., 2011; Kemp & Mosqueda, 2004; We invite you to assist us in disabilities. Additional information on Kinny et al., 2004). The Institute of complying with the specific the RRTC program can be found at: Medicine has defined a ‘‘secondary requirements of Executive Orders 12866 www.ed.gov/rschstat/research/pubs/res- condition’’ as ‘‘any additional physical and 13563 and their overall requirement program.html#RRTC. or mental health condition that occurs of reducing regulatory burden that as a result of having a primary disabling might result from this proposed priority. Program Authority: 29 U.S.C. 762(g) and condition,’’ including pain, fatigue, and Please let us know of any further ways 764(b)(2). muscle weakness (IOM, 2007). we could reduce potential costs or Applicable Program Regulations: 34 Working-age individuals living with increase potential benefits while CFR part 350. long-term disabilities may also

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experience atypical or accelerated aging Aging for Individuals with Long-Term doi: 10.1111/j.1475–6773.2010.01145.x. Epub due to earlier onset and higher rates of Physical Disabilities. The goal of this 2010 Aug 2. Available from: age-related chronic conditions proposed priority is to advance www.freepatentsonline.com/article/Health- compared to their same-age non- knowledge and accelerate the Services-Research/238476482.html. Accessed December 18, 2012. disabled counterparts (Groah et al., development, modification, and Institute of Medicine (IOM) (2007). The 2012; IOM, 2007; Jensen et al., 2011). evaluation of evidence-based Future of Disability in America. Field, M.J., These chronic health problems may interventions and strategies that can be & Jette, A.M., editors. Washington, DC: include, for example, osteoarthritis, applied in clinical and community- National Academies Press. osteoporosis, falls, chronic respiratory based settings to promote healthy aging Jensen, M.P., Molton, I.R., Groah, S.L., conditions, diabetes, and heart disease and to reduce secondary conditions for Campbell, M.L., Charlifue, S., Chiodo, A., (Freid et al., 2012; Iezzoni, 2010; Jensen individuals with physical disabilities. Forchheimer, M., Krause, J.S., & Tate, D. et al., 2011; Kemp & Mosqueda, 2004; To achieve these goals, NIDRR (2011). Secondary Health Conditions in Kinny et al., 2004; Ravesloot et al., Individuals Aging with SCI: Terminology, encourages collaborations among Concepts, and Analytic Approaches. Spinal 2007). rehabilitation and aging researchers and Cord, 50(5): 373–378. Addressing the rehabilitation and between academic research centers and Kemp, B.J., & Mosqueda, L. (Eds.) (2004). health care needs of individuals aging community organizations serving Aging with a Disability: What the Clinician with disabilities involves challenges for individuals aging with disabilities. Needs to Know. Baltimore, MD: Johns providing and coordinating a range of Hopkins University Press. appropriate health care services, References Kinny, S., Patrick, D.L., & Doyle, D.L. financing those services, and evaluating (2004). Prevalence of Secondary Conditions their ongoing effectiveness (Iezzoni, Brault, M.W. (2012). Americans with among People with Disabilities. American Disabilities: 2010, Current Population Journal of Public Health, 94(3): 443–445. 2010; Washko et al., 2012). Considerable Reports, P70–131. U.S. Census Bureau, U.S. anecdotal evidence and numerous Ravesloot, C.H., Seekins, T., Cahill, T., Department of Commerce. Washington, DC. Lindgren, S., Nary, D.E., & White, G. (2007). small-scale studies indicate that the Available from www.census.gov/prod/ Health Promotion for People with negative effects of secondary conditions 2012pubs/p70–131.pdf. Accessed December Disabilities: Development and Evaluation of can be managed and even prevented 18, 2012. the Living Well with a Disability Program. through rehabilitation and health- Freid, V.M., Bernstein, A.B., & Bush, M.A. Health Education Research 22(4): 522. promotion activities (Groah et al., 2012; (2012). Multiple Chronic Conditions among doi:10.1093/her/cyl114. Adults Aged 45 and Over: Trends Over the Ravesloot, C., Seekins, T., & White, G. Harrison, 2006; Jensen et al., 2011; Past 10 Years. NCHS Data Brief, no. 100. Ravesloot et al. 2007 & 2005; Rimmer et (2005). Living Well with a Disability Health Hyattsville, MD: National Center for Health Promotion Intervention: Improved Health al., 2000). However, there are few Statistics. Available from: www.cdc.gov/ evidence-based interventions to Status for Consumers and Lower Costs for nchs/data/databriefs/db100.htm. Accessed Healthcare Policy Makers. Rehabilitation promote healthy aging of individuals December 18, 2012. Psychology, 50: 239–45. with physical disabilities outside of the Groah, S.L., Charlifue, S., Tate, D., Jensen, Rimmer, J.H., Braunschweig, C., & post-acute setting (Groah et al., 2012; M.P., Molton, I.R., Forchheimer, M., Krause, Silverman, K (2000). Effects of a Short-Term Harrison, 2006; Jensen et al., 2011). J.S., Lammertse, D.P., & Campbell, M. (2012). Health Promotion Intervention for a Only recently has the topic of secondary Spinal Cord Injury and Aging: Challenges Predominantly African-American Group of and Recommendations for Future Research. conditions and aging with disability Stroke Survivors. American Journal of American Journal of Physical Medicine & Preventive Medicine, 18: 332. begun to receive attention in the public Rehabilitation, 91(1): 80. doi: 10.1097/ health and gerontology literatures Verbrugge, L.M., & Yang, L.S. (2002). Aging PHM.0b013e31821f70bc. Available from: with Disability and Disability with Aging. (Groah & Kehn, 2010; Iezzoni, 2010; http://journals.lww.com/ajpmr/Abstract/ Journal of Disability Policy Studies, 12(4): Ravesloot et al., 2007; Washko et al., 2012/01000/Spinal_Cord_Injury_and_ __ _ 253–267. 2012). Aging Challenges and.10.aspx. Accessed Washko, M., Campbell, M.L., & Tilly, J.A. The limitations in evidence-based December 18, 2012. (2012). Accelerating the Translation of information available to guide the Groah S.L., & Kehn, M.E. (2010). The State Research into Practice in Long-Term Services treatment, management, and prevention of Aging and Public Health for People with and Supports: A Critical Need for Federal of secondary conditions and to promote Spinal Cord Injury: Lost in Transition? Infrastructure at the Nexus of Aging and Topics in Spinal Cord Injury Rehabilitation, the overall health of individuals aging Disability. Journal of Gerontological Social 15(3): 10. doi: 10.1310/sci1503–1. Available Work, 55(2): 112–125. with physical disability is of particular from: http://thomasland.metapress.com/ concern given demographic trends content/p6837l6448kp3211/fulltext.pdf. Definitions (Harrison, 2006; Jensen et al., 2011; Accessed December 18, 2012. Ravesloot et al., 2007). For example, of Harrison, T. (2006). Health Promotion for The research that is proposed under the 27 objectives identified for Persons with Disabilities: What Does the this priority must be focused on one or improvement in the most recent Healthy Literature Reveal? Family Community Health more stages of research. If the RRTC is People 2020 initiative, under the topic Supplement, 29(1S): 12S. Available from: to conduct research that can be area of ‘‘Disability and Health’’ only www.nursingcenter.com/lnc/ categorized under more than one journalarticle?Article_ID=622107. Accessed four evidence-based community December 18, 2012. research stage, or research that interventions are cited to guide Healthy People 2020 (2010). U.S. progresses from one stage to another, implementation of these objectives. Department of Health and Human Services, those research stages must be clearly None of these objectives focus on Office of Disease Prevention and Health specified. For purposes of this priority, prevention of secondary conditions or Promotion. Available from: the stages of research, which we health promotion programs for www.healthypeople.gov/2020/ published for comment on January 25, individuals with long-term disabilities topicsobjectives2020/objectiveslist.aspx? 2013 (78 FR 5330), are: (Healthy People 2020, 2010). topicId=9, and www.healthypeople.gov/2020/ (i) Exploration and Discovery means To respond to the challenges and topicsobjectives2020/ebr.aspx?topicId=9. the stage of research that generates Accessed December 18, 2012. opportunities at the intersection of aging Iezzoni, L.I. (2010). Multiple Chronic hypotheses or theories by conducting and disability, NIDRR proposes to fund Conditions and Disabilities: Implications for new and refined analyses of data, a Rehabilitation Research and Training Health Services Research and Data Demands. producing observational findings, and Center (RRTC) on Promoting Healthy Health Services Research, 45(5 Pt 2): 1523. creating other sources of research-based

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information. This research stage may stage of research may also include well- physical disabilities, their families, and include identifying or describing the designed studies of an intervention that other stakeholders by: barriers to and facilitators of improved has been widely adopted in practice, but (i) Providing information and outcomes of individuals with that lacks a sufficient evidence-base to technical assistance to service disabilities, as well as identifying or demonstrate its effectiveness. providers, individuals aging with long- describing existing practices, programs, Proposed Priority: term physical disabilities and their or policies that are associated with The Assistant Secretary for Special representatives, and other key important aspects of the lives of Education and Rehabilitative Services stakeholders; individuals with disabilities. Results proposes a priority for an RRTC on (ii) Providing training, including achieved under this stage of research Promoting Healthy Aging for graduate, pre-service, and in-service may inform the development of Individuals with Long-Term Physical training, to rehabilitation providers and interventions or lead to evaluations of Disabilities. The RRTC must contribute other disability service providers, to interventions or policies. The results of to the development of new knowledge facilitate more effective delivery of the exploration and discovery stage of and accelerate the development, services to individuals aging with long- research may also be used to inform modification, and evaluation of term physical disabilities. This training decisions or priorities. evidence-based interventions and may be provided through conferences, (ii) Intervention Development means strategies that can be applied in clinical workshops, public education programs, the stage of research that focuses on and community-based settings to in-service training programs, and generating and testing interventions that promote healthy aging, including similar activities; have the potential to improve outcomes reducing secondary conditions, of (iii) Disseminating research-based for individuals with disabilities. individuals with long-term physical information and materials related to Intervention development involves disabilities. health and function for individuals determining the active components of To contribute to this outcome the aging with long-term physical possible interventions, developing RRTC must— disabilities; and measures that would be required to (a) Conduct research activities in one (d) Involve key stakeholder groups in illustrate outcomes, specifying target or more of the following priority areas, the activities conducted under populations, conducting field tests, and focusing on individuals aging with long- paragraph (a) in order to maximize the assessing the feasibility of conducting a term physical disabilities as a group or relevance and usability of the new well-designed intervention study. on individuals in specific disability or knowledge generated by the RRTC. Results from this stage of research may demographic subpopulations of Types of Priorities: be used to inform the design of a study individuals with long-term physical When inviting applications for a to test the efficacy of an intervention. disabilities: (iii) Intervention Efficacy means the competition using one or more stage of research during which a project (i) Individual and environmental priorities, we designate the type of each evaluates and tests whether an factors associated with improved access priority as absolute, competitive intervention is feasible, practical, and to rehabilitation and health care preference, or invitational through a has the potential to yield positive resulting in improved health and notice in the Federal Register. The outcomes for individuals with function outcomes for individuals aging effect of each type of priority follows: disabilities. Efficacy research may assess with long-term physical disabilities. Absolute priority: Under an absolute the strength of the relationships (ii) Interventions that contribute to priority, we consider only applications between an intervention and outcomes, improved health and function outcomes that meet the priority (34 CFR and may identify factors or individual for individuals aging with long-term 75.105(c)(3)). characteristics that affect the physical disabilities. Interventions Competitive preference priority: relationship between the intervention include any strategy, practice, program, Under a competitive preference priority, and outcomes. Efficacy research can policy, or tool that, when implemented we give competitive preference to an inform decisions about whether there is as intended, contributes to application by (1) awarding additional sufficient evidence to support ‘‘scaling- improvements in outcomes for the points, depending on the extent to up’’ an intervention to other sites and specified population. which the application meets the priority contexts. This stage of research can (iii) Effects of government practices, (34 CFR 75.105(c)(2)(i)); or (2) selecting include assessing the training needed policies, and programs on health care an application that meets the priority for wide-scale implementation of the access and on health and function over an application of comparable merit intervention, and approaches to outcomes for individuals aging with that does not meet the priority (34 CFR evaluation of the intervention in real long-term physical disabilities. 75.105(c)(2)(ii)). world applications. (iv) Technology to improve health and Invitational priority: Under an (iv) Scale-Up Evaluation means the function outcomes for individuals aging invitational priority, we are particularly stage of research during which a project with long-term physical disabilities; interested in applications that meet the analyzes whether an intervention is (b) Focus its research on one or more priority. However, we do not give an effective in producing improved specific stages of research. If the RRTC application that meets the priority a outcomes for individuals with is to conduct research that can be preference over other applications (34 disabilities when implemented in a real- categorized under more than one of the CFR 75.105(c)(1)). world setting. During this stage of research stages, or research that Final Priority: research, a project tests the outcomes of progresses from one stage to another, We will announce the final priority in an evidence-based intervention in those stages must be clearly specified. a notice in the Federal Register. We will different settings. The project examines These stages and their definitions are determine the final priority after the challenges to successful replication provided in the ‘‘Definitions’’ section of considering responses to this notice and of the intervention, and the this notice; other information available to the circumstances and activities that (c) Serve as a national resource center Department. This notice does not contribute to successful adoption of the related to health and function for preclude us from proposing additional intervention in real-world settings. This individuals aging with long-term priorities, requirements, definitions, or

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selection criteria, subject to meeting and other advantages; distributive Accessible Format: Individuals with applicable rulemaking requirements. impacts; and equity); disabilities can obtain this document in Note: This notice does not solicit (4) To the extent feasible, specify an accessible format (e.g., braille, large applications. In any year in which we choose performance objectives, rather than the print, audiotape, or compact disc) by to use this priority, we invite applications behavior or manner of compliance a contacting the Grants and Contracts through a notice in the Federal Register. regulated entity must adopt; and Services Team, U.S. Department of (5) Identify and assess available Education, 400 Maryland Avenue SW., Executive Orders 12866 and 13563 alternatives to direct regulation, room 5075, PCP, Washington, DC Regulatory Impact Analysis including economic incentives—such as 20202–2550. Telephone: (202) 245– user fees or marketable permits—to 7363. If you use a TDD or TTY, call the Under Executive Order 12866, the encourage the desired behavior, or FRS, toll free, at 1–800–877–8339. Secretary must determine whether this provide information that enables the Electronic Access to This Document: regulatory action is ‘‘significant’’ and, public to make choices. The official version of this document is therefore, subject to the requirements of Executive Order 13563 also requires the document published in the Federal the Executive order and subject to an agency ‘‘to use the best available Register. Free Internet access to the review by the Office of Management and techniques to quantify anticipated official edition of the Federal Register Budget (OMB). Section 3(f) of Executive present and future benefits and costs as and the Code of Federal Regulations is Order 12866 defines a ‘‘significant accurately as possible.’’ The Office of available via the Federal Digital System regulatory action’’ as an action likely to Information and Regulatory Affairs of at: www.gpo.gov/fdsys. At this site you result in a rule that may— OMB has emphasized that these can view this document, as well as all (1) Have an annual effect on the techniques may include ‘‘identifying other documents of this Department economy of $100 million or more, or changing future compliance costs that published in the Federal Register, in adversely affect a sector of the economy, might result from technological text or Adobe Portable Document productivity, competition, jobs, the innovation or anticipated behavioral Format (PDF). To use PDF you must environment, public health or safety, or changes.’’ have Adobe Acrobat Reader, which is State, local, or tribal governments or We are issuing this proposed priority available free at the site. communities in a material way (also only upon a reasoned determination You may also access documents of the referred to as an ‘‘economically that its benefits would justify its costs. Department published in the Federal significant’’ rule); In choosing among alternative Register by using the article search (2) Create serious inconsistency or regulatory approaches, we selected feature at: www.federalregister.gov. otherwise interfere with an action taken those approaches that would maximize Specifically, through the advanced or planned by another agency; search feature at this site, you can limit (3) Materially alter the budgetary net benefits. Based on the analysis that follows, the Department believes that your search to documents published by impacts of entitlement grants, user fees, the Department. or loan programs or the rights and this regulatory action is consistent with obligations of recipients thereof; or the principles in Executive Order 13563. Dated: March 1, 2013. (4) Raise novel legal or policy issues We also have determined that this Michael Yudin, arising out of legal mandates, the regulatory action would not unduly Acting Assistant Secretary for Special President’s priorities, or the principles interfere with State, local, and tribal Education and Rehabilitative Services. stated in the Executive order. governments in the exercise of their [FR Doc. 2013–05227 Filed 3–5–13; 8:45 am] governmental functions. This proposed regulatory action is not BILLING CODE 4000–01–P a significant regulatory action subject to In accordance with both Executive review by OMB under section 3(f) of orders, the Department has assessed the Executive Order 12866. potential costs and benefits, both We have also reviewed this regulatory quantitative and qualitative, of this ENVIRONMENTAL PROTECTION action under Executive Order 13563, regulatory action. The potential costs AGENCY are those resulting from statutory which supplements and explicitly 40 CFR Part 180 reaffirms the principles, structures, and requirements and those we have determined as necessary for definitions governing regulatory review [EPA–HQ–OPP–2011–0360; FRL–9380–8] established in Executive Order 12866. administering the Department’s To the extent permitted by law, programs and activities. Tetrachlorvinphos; Proposed Executive Order 13563 requires that an The benefits of the Disability and Extension of Time-Limited Interim agency— Rehabilitation Research Projects and Pesticide Tolerances (1) Propose or adopt regulations only Centers Program have been well upon a reasoned determination that established over the years. Projects AGENCY: Environmental Protection their benefits justify their costs similar to the RRTC have been Agency (EPA). (recognizing that some benefits and completed successfully, and the ACTION: Proposed rule. costs are difficult to quantify); proposed priority will generate new (2) Tailor its regulations to impose the knowledge through research. The new SUMMARY: This regulation proposes the least burden on society, consistent with RRTC will generate, disseminate, and extension of the time-limited interim obtaining regulatory objectives and promote the use of new information that tolerances for the combined residues of taking into account—among other things would improve outcomes for the insecticide tetrachlorvinphos, and to the extent practicable—the costs individuals with disabilities in the areas including its metabolites, in or on of cumulative regulations; of community living and participation, multiple commodities which are (3) In choosing among alternative employment, and health and function. identified in Unit III of this document, regulatory approaches, select those Intergovernmental Review: This under the Federal Food, Drug, and approaches that maximize net benefits program is not subject to Executive Cosmetic Act (FFDCA). (including potential economic, Order 12372 and the regulations in 34 DATES: Comments must be received on environmental, public health and safety, CFR part 79. or before March 11, 2013.

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ADDRESSES: Submit your comments, CD–ROM the specific information that interim tolerances for the combined identified by docket identification (ID) is claimed as CBI. In addition to one residues of the insecticide number EPA–HQ–OPP–2011–0360, by complete version of the comment that tetrachlorvinphos, including its one of the following methods: includes information claimed as CBI, a metabolites, in or on cattle, fat (of which • Federal eRulemaking Portal: http:// copy of the comment that does not no more than 0.1 part per million (ppm) www.regulations.gov. Follow the online contain the information claimed as CBI is tetrachlorvinphos per se) at 0.2 ppm; instructions for submitting comments. must be submitted for inclusion in the cattle, kidney (of which no more than Do not submit electronically any public docket. Information so marked 0.05 ppm is tetrachlorvinphos per se) at information you consider to be will not be disclosed except in 1.0 ppm; cattle, liver (of which no more Confidential Business Information (CBI) accordance with procedures set forth in than 0.05 ppm is tetrachlorvinphos per or other information whose disclosure is 40 CFR part 2. se) at 0.5 ppm; cattle, meat (of which no restricted by statute. 2. Tips for preparing your comments. more than 2.0 ppm is tetrachlorvinphos • Mail: OPP Docket, Environmental When submitting comments, remember per se) at 2.0 ppm; cattle, meat Protection Agency Docket Center (EPA/ to: byproducts, except kidney and liver at DC), (28221T), 1200 Pennsylvania Ave. i. Identify the document by docket ID 1.0 ppm; egg (of which no more than NW., Washington, DC 20460–0001. number and other identifying 0.05 ppm is tetrachlorvinphos per se) at • Hand Delivery: To make special information (subject heading, Federal 0.2 ppm; hog, fat (of which no more arrangements for hand delivery or Register date and page number). than 0.1 ppm is tetrachlorvinphos per delivery of boxed information, please ii. Follow directions. The Agency may se) at 0.2 ppm; hog, kidney (of which no follow the instructions at http:// ask you to respond to specific questions more than 0.05 ppm is www.epa.gov/dockets/contacts.htm. or organize comments by referencing a tetrachlorvinphos per se) at 1.0 ppm; Additional instructions on commenting Code of Federal Regulations (CFR) part hog, liver (of which no more than 0.05 or visiting the docket, along with more or section number. ppm is tetrachlorvinphos per se) at 0.5 information about dockets generally, is iii. Explain why you agree or disagree; ppm; hog, meat (of which no more than available at http://www.epa.gov/ suggest alternatives and substitute 2.0 ppm is tetrachlorvinphos per se) at dockets. language for your requested changes. 2.0 ppm; hog, meat byproducts, except FOR FURTHER INFORMATION CONTACT: iv. Describe any assumptions and kidney and liver at 1.0 ppm; milk, fat Carmen Rodia, Registration Division provide any technical information and/ (reflecting negligible residues in whole (7504P), Office of Pesticide Programs, or data that you used. milk and of which no more than 0.05 Environmental Protection Agency, 1200 v. If you estimate potential costs or ppm is tetrachlorvinphos per se) at 0.05 Pennsylvania Avenue NW., Washington, burdens, explain how you arrived at ppm; poultry, fat (of which no more DC 20460–0001; telephone number: your estimate in sufficient detail to than 7.0 ppm is tetrachlorvinphos per (703) 306–0327; email address: allow for it to be reproduced. se) at 7.0 ppm; poultry, liver (of which vi. Provide specific examples to [email protected]. no more than 0.05 ppm is illustrate your concerns and suggest SUPPLEMENTARY INFORMATION: tetrachlorvinphos per se) at 2.0 ppm; alternatives. poultry, meat (of which no more than vii. Explain your views as clearly as I. General Information 3.0 ppm is tetrachlorvinphos per se) at possible, avoiding the use of profanity 3.0 ppm; and poultry, meat byproducts, A. Does this action apply to me? or personal threats. except liver at 2.0 ppm. The existing viii. Make sure to submit your You may be potentially affected by tolerances, which are found in 40 CFR comments by the comment period this action if you are an agricultural 180.252 will expire on March 18, 2013. deadline identified. producer, food manufacturer, or EPA is proposing a new expiration date pesticide manufacturer. The following II. Background of August 18, 2013, for these tolerances. list of North American Industrial As discussed in the previous Classification System (NAICS) codes is A detailed summary of the rulemakings, these time-limited interim not intended to be exhaustive, but rather background related to EPA’s extension tolerances for tetrachlorvinphos, and its provides a guide to help readers of the time-limited interim tolerances metabolites, have been determined to be determine whether this document for the combined residues of the safe based on previously submitted applies to them. Potentially affected insecticide tetrachlorvinphos, including magnitude of residue data. See the 2011 entities may include: its metabolites, in or on multiple • Crop production (NAICS code 111). commodities can be found in the proposed and final rules (76 FR 33184, • Animal production (NAICS code Federal Register notices of June 8, 2011 June 8, 2011 and 76 FR 57657, 112). (76 FR 33184) (FRL–8874–7) and September 16, 2011); the 2008 proposed • Food manufacturing (NAICS code September 16, 2011 (76 FR 57657) and final rules (73 FR 6867, February 6, 311). (FRL–8887–5). The referenced 2008 and 73 FR 53732, September 17, • Pesticide manufacturing (NAICS documents are available in the docket 2008); and the 2002 notice (67 FR code 32532). established by this action, which is 52985, Aug. 14, 2002). In order to described under ADDRESSES. Locate and support making these tolerances B. What should I consider as I prepare click on the hyperlink for docket ID permanent, EPA required the my comments for EPA? number EPA–HQ–OPP–2011–0360. submission of new magnitude of residue 1. Submitting CBI. Do not submit this Double-click on the documents to view data. The registrant submitted livestock information to EPA through the referenced background summary magnitude of residue data, and storage regulations.gov or email. Clearly mark information. stability data to support previously the part or all of the information that submitted magnitude of residue data in you claim to be CBI. For CBI III. Proposal poultry and cattle, and a waiver request information in a disk or CD–ROM that EPA, on its own initiative, under for the swine magnitude of residue data. you mail to EPA, mark the outside of the section 408(e) of the FFDCA, 21 U.S.C. Based on that data, EPA has concluded disk or CD–ROM as CBI and then 346a(e), is proposing to extend the that the data confirm previous findings identify electronically within the disk or expiration dates of the time-limited made by the Agency with regard to the

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level of residues of tetrachlorvinphos in under Executive Order 12866 due to its various levels of government.’’ This livestock commodities and lack of significance, this proposed rule proposed rule directly regulates consequently, the safety finding for is not subject to Executive Order 13211, growers, food processors, food handlers, these tolerances. The Agency is entitled ‘‘Actions Concerning and food retailers, not States. This proposing an interim extension of the Regulations That Significantly Affect action does not alter the relationships or expiration dates of these time-limited Energy Supply, Distribution, or Use’’ (66 distribution of power and interim tolerances in order to maintain FR 28355, May 22, 2001). This proposed responsibilities established by Congress the status quo while allowing the public rule does not contain any information in the preemption provisions of FFDCA a sufficient time to comment on the collections subject to OMB approval section 408(n)(4). For these same proposal to make these time-limited under the Paperwork Reduction Act reasons, the Agency has determined that interim tolerances permanent. (PRA) (44 U.S.C. 3501 et seq.), or this proposed rule does not have any IV. Shortened Comment Period impose any enforceable duty or contain ‘‘tribal implications’’ as described in any unfunded mandate as described Executive Order 13175, entitled FFDCA section 408(e)(2) requires a under Title II of the Unfunded Mandates ‘‘Consultation and Coordination with comment period of not less than 60 days Reform Act of 1995 (UMRA) (2 U.S.C. Indian Tribal Governments’’ (65 FR on EPA tolerance actions proposed on 1501 et seq.). Nor does it require any 67249, November 9, 2000). Executive the Agency’s initiative unless EPA ‘‘for special considerations under Executive Order 13175 requires EPA to develop an good cause finds that a shorter comment Order 12898, entitled ‘‘Federal Actions accountable process to ensure period would be in the public interest to Address Environmental Justice in ‘‘meaningful and timely input by tribal * * *.’’ EPA has determined that such Minority Populations and Low-Income officials in the development of good cause exists here. This rulemaking Populations’’ (59 FR 7629, February 16, regulatory policies that have tribal is intended to provide an interim 1994); or OMB review or any Agency implications.’’ ‘‘Policies that have tribal extension of the existing time-limited action under Executive Order 13045, implications’’ is defined in the tolerances for tetrachlorvinphos to allow entitled ‘‘Protection of Children from Executive order to include regulations the Agency sufficient time to comply Environmental Health Risks and Safety that have ‘‘substantial direct effects on with the procedural requirements of Risks’’ (62 FR 19885, April 23, 1997). one or more Indian tribes, on the section 408(e)(2). As indicated in Unit This action does not involve any relationship between the Federal III, EPA’s review of the submitted data technical standards that would require Government and the Indian tribes, or on confirms the Agency’s previous safety Agency consideration of voluntary the distribution of power and findings and supports allowing these consensus standards pursuant to section responsibilities between the Federal tolerances to remain in effect, and EPA 12(d) of the National Technology Government and Indian tribes.’’ This intends to initiate a section 408(e) Transfer and Advancement Act of 1995 proposed rule will not have substantial rulemaking to amend these time-limited direct effects on tribal governments, on tolerances to be permanent. (NTTAA) (15 U.S.C. 272 note). Pursuant The existing time-limited interim to the requirements of the Regulatory the relationship between the Federal tolerances are set to expire on March 18, Flexibility Act (RFA) (5 U.S.C. 601 et Government and Indian tribes, or on the 2013, which does not allow sufficient seq.), the Agency hereby certifies that distribution of power and time for the Agency to provide a 60-day this proposed action will not have responsibilities between the Federal public comment period on a proposal to significant negative economic impact on Government and Indian tribes, as make these tolerances permanent. EPA a substantial number of small entities. specified in Executive Order 13175. intends to give the public the full 60 In fact, this rule will have no impact Thus, Executive Order 13175 does not days to comment on this proposal, so it because it merely maintains the status apply to this proposed rule. is proposing to extend the expiration quo by leaving in effect existing List of Subjects in 40 CFR Part 180 date of the existing time-limited tolerances for 5 months beyond the tolerances to maintain the status quo for existing expiration dates. In addition, Environmental protection, the duration of the rulemaking to make the Agency has determined that this Administrative practice and procedure, the time-limited tolerances permanent. action will not have a substantial direct Agricultural commodities, Pesticides It is in the public interest to retain the effect on States, on the relationship and pests, Reporting and recordkeeping existing tolerances for a sufficient between the national government and requirements. period to enable the public to have an the States, or on the distribution of Dated: February 26, 2013. adequate opportunity to comment on power and responsibilities among the G. Jeffrey Herndon, various levels of government, as the Agency’s proposal to make these Acting Director, Registration Division, Office tolerances permanent; thus, EPA specified in Executive Order 13132, of Pesticide Programs. concludes there is good cause to limit entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999). Executive Order Therefore, it is proposed that 40 CFR the comment period for this interim chapter I be amended as follows: proposal to 5 days. 13132 requires EPA to develop an accountable process to ensure PART 180—[AMENDED] V. Statutory and Executive Order ‘‘meaningful and timely input by State Reviews and local officials in the development of ■ 1. The authority citation for part 180 This proposed rule proposes to amend regulatory policies that have federalism continues to read as follows: a tolerance under FFDCA section 408(e). implications.’’ ‘‘Policies that have The Office of Management and Budget federalism implications’’ is defined in Authority: 21 U.S.C. 321(q), 346a and 371. (OMB) has exempted these types of the Executive order to include ■ 2. In § 180.252, paragraph (a), revise actions from review under Executive regulations that have ‘‘substantial direct the table to read as follows: Order 12866, entitled ‘‘Regulatory effects on the States, on the relationship Planning and Review’’ (58 FR 51735, between the national government and § 180.252 Tetrachlorvinphos; tolerances October 4, 1993). Because this proposed the States, or on the distribution of for residues. rule has been exempted from review power and responsibilities among the (a) * * *

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Expiration/ Commodity Parts per revocation million date

Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...... 0 .2 8/18/13 Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 1.0 8/18/13 Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0 .5 8/18/13 Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...... 2.0 8/18/13 Cattle, meat byproducts, except kidney and liver ...... 1 .0 8/18/13 Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0 .2 8/18/13 Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...... 0 .2 8/18/13 Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 1.0 8/18/13 Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.5 8/18/13 Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...... 2.0 8/18/13 Hog, meat byproducts, except kidney and liver ...... 1 .0 8/18/13 Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.05 8/18/13 Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) ...... 7 .0 8/18/13 Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 2 .0 8/18/13 Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ...... 3.0 8/18/13 Poultry, meat byproducts, except liver ...... 2.0 8/18/13

* * * * * be purchased from the Commission’s ACTION: Proposed rule; request for [FR Doc. 2013–04934 Filed 3–5–13; 8:45 am] copy contractor, Best Copy and Printing, comments. BILLING CODE 6560–50–P Inc. (BCPI) (1–800–378–3160). The Commission will not send a copy of this SUMMARY: NMFS proposes regulations to Notice pursuant to the Congressional implement Amendment 94 to the FEDERAL COMMUNICATIONS Review Act, 5 U.S.C. 801(a)(1)(A), Fishery Management Plan for COMMISSION because this Notice does not have an Groundfish of the Gulf of Alaska (FMP), impact on any rules of particular which would amend certain sablefish 47 CFR Part 73 applicability. provisions of the Individual Fishing Quota Program for the Fixed-Gear [MB Docket No. 99–25; Report No. 2973] Subject: Creation of a Low Power Radio Service, Amendment of Service Commercial Fisheries for Pacific Halibut Petition for Reconsideration of Action and Eligibility Rules for FM Broadcast and Sablefish in Waters in and off in a Rulemaking Proceeding Translator Station, Petition for Alaska (IFQ Program). Amendment 94 Reconsideration of Fifth Order on and its proposed implementing AGENCY: Federal Communications Reconsideration and Sixth Report and regulations would revise the vessel use Commission. Order, published at 77 FR 21002, April caps applicable to sablefish quota share ACTION: Petitions for reconsideration. 9, 2012, in MB Docket No. 99–25, and (QS) held by Gulf of Alaska (GOA) published pursuant to 47 CFR 1.429(e). Community Quota Entities (CQEs). SUMMARY: In this document. Petitions See also 47 CFR 1.4(b)(1) of the NMFS is proposing the same regulatory for Reconsideration (Petitions) have Commission’s rules. revisions to the vessel use caps been filed in the Commission’s Number of Petitions Filed: 5. applicable to halibut QS held by GOA rulemaking proceeding by Michael CQEs. In this action, NMFS is also Couzens and Alan Korn Esq on behalf Federal Communications Commission. proposing to revise the IFQ Program of Michael Couzens and Alan Korn, Marlene H. Dortch, regulations to add three eligible Brandy Doyle and Paul Bame, on behalf Secretary. communities to the CQE Program; to of Prometheus Radio Project, Don [FR Doc. 2013–05192 Filed 3–5–13; 8:45 am] allow CQEs in International Pacific Schellhardt, Esq., on behalf of LET BILLING CODE 6712–01–P Halibut Commission regulatory area 3A CITIES IN!!, Michelle Eyre, on behalf of (Area 3A) to purchase vessel category D REC Networks, and Donald E. Martin halibut QS; to revise CQE annual P.C., on behalf of LifeTalk Radio, Inc. DEPARTMENT OF COMMERCE reporting requirements, including DATES: Oppositions to the Petitions specifying requirements for the charter must be filed by March 21, 2013. National Oceanic and Atmospheric halibut program; to clarify the CQE Replies to an opposition must be filed Administration floating processor landing reporting April 1, 2013. requirements; and to consolidate CQE ADDRESSES: Federal Communications 50 CFR Parts 300 and 679 Program eligibility by community in a Commission, 445 12th Street SW., [Docket No. 120223143–3156–01] single table in the regulations. Washington, DC 20554. DATES: Comments must be received no FOR FURTHER INFORMATION CONTACT: RIN 0648–BB94 later than 5 p.m., Alaska local time, on Parul P. Desai, Media Bureau, 202–418– April 5, 2013. Amendment 94 to the Gulf of Alaska 8217. Fishery Management Plan and ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: This is a Regulatory Amendments for on this document, identified by FDMS summary of the Commission’s Community Quota Entities Docket Number NOAA–NMFS–2012– document, Report No. 2973, released 0040, by any of the following methods: February 21, 2013. The full text of AGENCY: National Marine Fisheries • Electronic Submission: Submit all Report No. 2973 is available for viewing Service (NMFS) National Oceanic and electronic public comments via the and copying in Room CY–B402, 445 Atmospheric Administration (NOAA), Federal e-Rulemaking Portal. Go to 12th Street SW., Washington, DC or may Commerce. www.regulations.gov/

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#!docketDetail;D=NOAA-NMFS-2012- SUPPLEMENTARY INFORMATION: processor) category (A share); catcher 0040, click the ‘‘Comment Now!’’ icon, vessel greater than 60 ft. length overall Regulatory Authority complete the required fields, and enter (LOA) (B share); catcher vessel 36 ft. to or attach your comments. NMFS proposes regulations to 60 ft. LOA (C share); and catcher vessel • Mail: Address written comments to implement Amendment 94 to the FMP 35 ft. LOA or less (D share). Sablefish Glenn Merrill, Assistant Regional and regulatory amendments to revise QS was issued specific to one of six Administrator, Sustainable Fisheries the GOA CQE Program. The North sablefish management areas throughout Division, Alaska Region, NMFS, Attn: Pacific Fishery Management Council the BSAI and GOA, and three vessel Ellen Sebastian. Mail comments to P.O. (Council) recommended and NMFS categories: freezer (catcher/processor) Box 21668, Juneau, AK 99802–1668. approved the FMP in 1978 under the category (A share); catcher vessel greater • Fax: Address written comments to authority of the Magnuson-Stevens than 60 ft. LOA (B share); and catcher Glenn Merrill, Assistant Regional Fishery Conservation and Management vessel 60 ft. LOA or less (C share). The Administrator, Sustainable Fisheries Act (Magnuson-Stevens Act) (16 U.S.C. amount of halibut and sablefish that Division, Alaska Region, NMFS, Attn: 1801 et seq.). Regulations implementing each QS holder may harvest is Ellen Sebastian. Fax comments to (907) the FMP and general regulations calculated annually and issued as 586–7557. governing groundfish appear at 50 CFR individual fishing quota (IFQ) in • Hand delivery to the Federal part 679. Fishing for Pacific halibut pounds on an IFQ permit. An IFQ Building: Address written comments to (Hippoglossus stenolepis) is managed by halibut permit authorizes participation Glenn Merrill, Assistant Regional the International Pacific Halibut in the fixed-gear fishery for Pacific Administrator, Sustainable Fisheries Commission (IPHC) and the Council halibut in and off Alaska, and an IFQ Division, Alaska Region, NMFS, Attn: under the Northern Pacific Halibut Act sablefish permit authorizes participation Ellen Sebastian. Deliver comments to of 1982 (Halibut Act). Section 773(c) of in most fixed-gear sablefish fisheries off 709 West 9th Street, Room 420A, the Halibut Act authorizes the Council Alaska. IFQ permits are issued annually Juneau, AK. to develop regulations that are in to persons holding Pacific halibut and Comments sent by any other method, addition to, and not in conflict with, sablefish QS or to those persons who are to any other address or individual, or approved IPHC regulations. Such recipients of IFQ transfers from QS received after the end of the comment Council-recommended regulations may holders. period, may not be considered by be implemented by NMFS only after The IFQ Program was structured to NMFS. All comments received are a part approval by the Secretary of Commerce. retain the owner-operator nature of the of the public record and will generally fixed-gear halibut and sablefish fisheries be posted for public viewing on Background on the IFQ and CQE Program and limit consolidation of QS. The QS www.regulations.gov without change. may be permanently transferred or All personal identifying information The IFQ Program, a limited access leased with several restrictions by type (e.g., name, address, etc.), confidential privilege program for the commercial of QS and management area. Only business information or otherwise fixed-gear halibut fisheries off Alaska persons who were initially issued sensitive information submitted and sablefish (Anoplopoma fimbria) category B, C, and D catcher vessel QS, voluntarily by the sender will be fisheries in the EEZ off Alaska, was S-type corporations formed by initial publicly accessible. NMFS will accept recommended by the Council in 1992 issuee individuals, or individuals who anonymous comments (enter ‘‘N/A’’ in and approved by NMFS in 1993. Initial qualify as IFQ crew members are the required fields if you wish to remain implementing rules were published allowed to hold or purchase catcher anonymous). Attachments to electronic November 9, 1993 (58 FR 59375), and vessel QS. Thus, the IFQ Program comments will be accepted in Microsoft fishing under the IFQ Program began on restricts holders of catcher vessel QS to Word or Excel, WordPerfect, or Adobe March 15, 1995. The IFQ Program limits individuals and initial recipients. With PDF file formats only. access to the halibut and sablefish few exceptions, individual QS holders Electronic copies of the Regulatory fisheries to those persons holding QS in are required to be on board the vessel Impact Review (RIR) prepared for specific management areas. The IFQ to fish the IFQ. Amendment 94 and the changes to the Program for the sablefish fishery is Although the IFQ Program resulted in vessel use caps applicable to halibut implemented by the FMP and Federal significant safety and economic benefits IFQ derived from CQE QS, the RIR regulations at 50 CFR part 679 under the for many fishermen, since the inception prepared for the regulatory amendment authority of the Magnuson-Stevens Act. of the IFQ Program, many residents of to add three communities to the list of The IFQ Program for the halibut fishery Alaska’s smaller remote coastal CQE eligible communities, and the RIR is implemented by Federal regulations communities who held QS have prepared for the regulatory amendment at 50 CFR part 679 under the authority transferred their QS to non-community to allow CQEs in Area 3A to purchase of the Halibut Act. A comprehensive residents or moved out of the smaller vessel category D halibut QS are explanation of the IFQ Program can be coastal communities. As a result, the available from http:// found in the final rule implementing the number of resident QS holders has www.regulations.gov or from the NMFS program (58 FR 59375, November 9, declined substantially in most of the Alaska Region Web site at http:// 1993). GOA communities with IFQ Program alaskafisheries.noaa.gov. The IFQ Program changed the participants. This transfer of halibut and Written comments regarding the management structure of the fixed-gear sablefish QS and the associated fishing burden-hour estimates or other aspects halibut and sablefish fishery by issuing effort from the GOA’s smaller remote of the collection-of-information QS to qualified persons who owned or coastal communities has limited the requirements contained in this action leased a vessel that made fixed-gear ability of residents to locally purchase may be submitted to NMFS at the above landings of those species from 1988 to or lease QS and reduced the diversity of address and by email to 1990. Halibut QS was issued specific to fisheries to which fishermen in remote [email protected] or fax one of eight IPHC halibut management coastal communities have access. The to (202) 395–7285. areas throughout the Bering Sea and ability of fishermen in a remote coastal FOR FURTHER INFORMATION CONTACT: Aleutian Islands (BSAI) and GOA, and community to purchase QS or maintain Peggy Murphy, (907) 586–7228. four vessel categories: Freezer (catcher/ existing QS may be limited by a variety

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of factors both shared among and the CQE could use IFQ revenue to Further, the Council and NMFS wanted unique to each community. Although purchase their own QS. The Council to provide for direct participation by the specific causes for decreasing QS believed, and NMFS agrees, that both individuals residing in, or operating out holdings in a specific community may the CQE and non-CQE-held QS are of, CQE communities. A description of vary, the net effect is overall lower important in terms of providing the specific rationale and criteria participation by residents of these community residents fishing access that considered by the Council and NMFS communities in the halibut and promotes the economic health of when authorizing these additional sablefish IFQ fisheries. The substantial communities. fishery access opportunities to CQEs are decline in the number of resident QS Current CQE Program regulations provided in the final rules holders and the total amount of QS held include several provisions affecting the implementing these programs and are by residents of remote coastal use of QS and the annual IFQ by the not repeated here (75 FR 554, January 5, communities may have aggravated CQE. Under some provisions, a CQE has 2010; 76 FR 15826, March 22, 2011). unemployment and related social and the same privileges and is held to the Generally, the Council chose to rely on economic conditions in those same limitations as individual users. the criteria defined under Amendment communities. The Council recognized For example, CQE-held QS is subject to 66 to determine the subsets of coastal that a number of remote coastal the same area use cap that applies to communities that may benefit from communities were struggling to remain non-CQE-held QS. In other instances, participation opportunities in the economically viable. The Council the CQE is subject to less restrictive guided sport halibut and GOA Pacific developed the CQE Program to provide measures than individual QS holders. cod fisheries. these communities with long-term For example, the catcher vessel size opportunities to access the halibut and classes do not apply to QS and the IFQ Review of the IFQ Program and CQE sablefish resources. The Council held by CQEs. In yet other instances, the Program and Proposed Modifications to recommended the CQE Program as an CQE must operate under more the Programs amendment to the IFQ Program in 2002 restrictive measures than individual QS Between December 2010 and October (GOA Amendment 66), and NMFS holders, in part to protect existing QS 2011, the Council recommended three implemented the program in 2004 (69 holders and preserve entry-level proposals to change the GOA CQE FR 23681, April 30, 2004). opportunities for fishermen. For Program. In addition, NMFS has The Community Quota Entity (CQE) example, CQEs currently cannot identified a need to revise Program allows a distinct set of 42 purchase Area 2C or Area 3A vessel recordkeeping and recording remote coastal communities in the GOA category D halibut QS. This limitation is requirements for the CQE Program. that met historic participation criteria in proposed to be changed through this Based on the Council’s three the halibut and sablefish fisheries to rule. A comprehensive explanation of recommendations and NMFS’s review purchase and hold catcher vessel these CQE Program provisions can be of recordkeeping and reporting halibut QS in halibut Areas 2C, 3A, and found in the final rule authorizing the requirements in the CQE Program, this 3B, and catcher vessel sablefish QS in CQE program (69 FR 23681, April 30, proposed rule would implement four the GOA. The communities are eligible 2004). separate actions: (1) Revise the vessel to participate in the CQE Program once The Charter Halibut Limited Access use cap applied to sablefish QS held by they are represented by a NMFS- Permit Program, License Limitation GOA CQEs (Amendment 94) and to approved non-profit entity called a CQE. Program, and the CQE Program The CQE is the holder of the QS and is halibut QS held by CQEs; (2) add three issued the IFQ annually by NMFS. With Since the CQE Program began, NMFS communities to the list of CQE-eligible certain exceptions, the QS must remain has implemented regulations that communities; (3) allow CQEs in Area 3A with the CQE. This program structure authorize the allocation of limited to purchase halibut vessel category D creates a permanent asset for the access fishing privileges for the guided QS; and (4) add and update annual community to use. The structure sport halibut fishery and the GOA recordkeeping and recording promotes community access to QS to groundfish fishery for Pacific cod, to be requirements for CQEs participating in generate participation in, and fishery allotted to select communities that are limited access programs for charter revenues from, the commercial halibut eligible to form a CQE. For the guided halibut fisheries and the GOA Pacific and sablefish fisheries. sport halibut fishery, the Council and cod endorsed non-trawl groundfish To participate in the CQE Program, an NMFS authorized certain communities fisheries. Action 1 as it relates to eligible community must first acquire a in Southeast Alaska and Southcentral sablefish requires amendment of the statement of support from the Alaska, Areas 2C and 3A, to request and GOA FMP. Action 1, as it relates to community governing body, then form a receive a limited number of charter halibut and actions 2 through action 4, CQE and have that CQE approved by halibut permits, and designate a charter require amendments to the IFQ Program NMFS to represent the community. operator to use a community charter and CQE Program regulations. The After NMFS approval, a CQE may halibut permit to participate in the Council recommended Action 1 in receive catcher vessel QS for the charter halibut fisheries. Amendment 86 October 2011, Action 2 in December represented community(ies) through authorized CQEs representing certain 2010, and Action 3 in February 2011. NMFS-approved transfers. The eligible communities in the Central and Western Under Action 4, NMFS is proposing communities and the community GOA to request and receive a limited regulations to: (1) Carry-out Council governing body that recommends the number of Pacific cod endorsed non- intent for CQE recordkeeping and CQE are listed in Table 21 to 50 CFR trawl groundfish License Limitation reporting; (2) clarify community part 679. Once the CQE holds QS, the Program (LLP) licenses and assign those eligibility in the CQE Program in Table CQE can lease the annual IFQ resulting LLP licenses to specified users and 21 to part 679; and (3) correct minor from the CQE-held QS to individual vessels operating in those CQE errors in current regulations. community residents. The CQE Program communities. The Council and NMFS Actions Proposed by This Rule also promotes QS ownership by wanted to enhance access to the individual community residents. groundfish and halibut fisheries and The four proposed actions are Individuals who lease annual IFQ from generate revenues for communities. described below.

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Action 1: Revise Vessel Use Cap for sablefish regulatory areas off Alaska IFQ vessel use cap reduces flexibility Sablefish (Amendment 94) and Halibut (GOA and BSAI). and opportunity to use IFQ leased from Under Action 1, if, during any fishing CQEs on larger vessels. The use of larger Action 1 would amend the GOA FMP year, a vessel was used to harvest vessels could increase employment of and Federal regulations at halibut IFQ or sablefish IFQ derived community residents as crew and § 679.42(h)(1)(ii) and (h)(2)(ii) to make from CQE-held QS and non-CQE-held improve safety at sea during bad the vessel use caps applicable to vessels QS, the harvests of IFQ derived from the weather. As discussed in Section 2.1 of fishing either sablefish or halibut IFQ non-CQE-held QS would not accrue the analysis prepared for this action derived from CQE-held QS similar to against either the halibut 50,000 pound (See ADDRESSES), representatives of those applicable to vessels fishing vessel use cap or the sablefish 50,000 CQEs also told the Council that the use sablefish or halibut derived from non- pound vessel use cap for IFQ leased of CQE-leased IFQ on vessels owned by CQE-held QS. The current vessel use from a CQE. However, the harvests of non-CQE community residents is cap that applies to vessels fishing IFQ halibut and sablefish IFQ derived from important to the program’s success, as derived from CQE-held QS can be more all sources would accrue against the many of the eligible CQE community restrictive than the vessel use caps that overall vessel use caps. In effect, a residents may be entry-level fishermen apply to vessels harvesting only non- vessel could not use more than 50,000 or fishermen with no vessels or very CQE-held IFQ. Revising the current pounds of halibut IFQ and 50,000 small vessels. Changing the vessel use vessel use cap would provide pounds of sablefish IFQ derived from cap would increase the flexibility of community residents with additional QS held by a CQE during the fishing CQEs to lease IFQ to community access to vessels to fish IFQs leased year. A vessel could be used to harvest residents who do not own vessels. The from CQEs and may enable more CQEs additional IFQ from non-CQE-held QS change also could help residents find and eligible community residents to up to the overall vessel use caps employment as crew members. These participate in the IFQ Program. applicable in the IFQ Program, if the entry-level fishermen could fish the IFQ The existing FMP and IFQ CQE overall vessel use caps are greater than derived from CQE-held QS on other regulations provide that a vessel may 50,000 pounds. If the vessel use caps in vessels to work their way into the not be used to harvest more than 50,000 the IFQ Program are lower than 50,000 fishery. The opportunity to lease IFQ in pounds (22.7 mt) of IFQ from any QS pounds in a given year, then the lowest the short-term and sell fish may help source if the vessel is used to harvest vessel use cap would apply. For community residents purchase QS from IFQ derived from QS held by a CQE. As example, in the Area 2C halibut fishery the CQE over the longer term. a result, community residents leasing in 2011, the overall vessel use cap for The proposed rule likely would IFQ from a CQE may use the IFQ only the IFQ Program of 1 percent of the Area provide additional opportunities for a on vessels that harvest annually no 2C halibut IFQ total catch limit was CQE to lease IFQ to community more than 50,000 pounds of IFQ in 23,300 pounds. This 23,300-pound limit residents, as the pool of potential total: IFQ derived from CQE-held QS would have been more restrictive than resident applicants could increase if plus IFQ derived from non-CQE-held the 50,000-pound vessel use cap for IFQ there were a larger pool of potential QS count towards the cap. The Council leased from a CQE, as proposed under vessels from which residents could fish established these limitations in the Action 1. Alternatively, for Areas 3A CQE-leased IFQ. CQEs and community original CQE Program to prevent and 3B, the 50,000-pound vessel use cap residents leasing IFQ from CQEs may consolidation of IFQ harvest on a small for halibut IFQ derived from CQE-held benefit from an increased availability of number of vessels and broadly QS would have been more restrictive in vessels that would be able to use distribute the benefits from fishing 2011 because the overall vessel use cap additional CQE-leased IFQ onboard activities among CQE community of 0.5 percent of the combined halibut under the proposed revision to exclude residents. total catch limits in all halibut IFQ derived from non-CQE-held QS regulatory areas was 151,910 pounds. from the 50,000-pound vessel use cap The proposed regulations would Since the CQE Program was applicable when using IFQ derived from exclude IFQ derived from non-CQE-held implemented, community residents CQE-held QS is onboard. The proposed QS from the 50,000 pound vessel use have found that the current vessel use revision, in effect, would increase a cap. Only IFQ derived from CQE-held cap prevents CQE communities and vessel’s overall IFQ use cap. The QS would count towards the vessel use residents from realizing the intended resulting increased harvesting cap. The effect would be that the benefits of the Program. The restrictions opportunity could benefit CQE following annual vessel use caps would impede development of community- communities through increases in apply to all vessels harvesting IFQ: No based fisheries by limiting the use of revenues and CQE purchases of QS. vessel could be used to harvest (1) more IFQ by CQEs, community residents, and Such resources are important for CQE than 50,000 pounds (22.7 mt) of halibut owners of vessels in the IFQ fleet. The communities to develop short and or sablefish IFQ leased from a CQE, and current CQE vessel use cap eliminates longer term financial and fishery (2) more halibut or sablefish IFQ than the opportunity for community business plans. the IFQ Program overall vessel use caps. residents leasing IFQ from a CQE to use The Council also considered the The existing IFQ Program halibut vessel a vessel that has harvested or will Status Quo Alternative and a third use caps would remain at 1 percent of harvest more than 50,000 pounds of alternative (Alternative 3) that would the Area 2C halibut IFQ total catch limit IFQ, even if it is the only vessel have eliminated the existing 50,000- and 0.5 percent of the combined halibut available for use by a CQE community. pound vessel use caps applicable when total catch limits in all halibut Also, the existing regulations restrict the using CQE quota onboard. Under regulatory areas off Alaska (Areas 2C, option for multiple residents leasing Alternative 3, vessels would not have 3A, 3B, 4A, 4B, 4C, 4D, and 4E). The IFQ from a CQE to combine their IFQ on been restricted to 50,000 pounds of IFQ existing IFQ Program sablefish vessel a vessel if the cumulative IFQ, derived derived from CQE-held QS but would use caps would remain at 1 percent of from both CQE-held and non-CQE-held have continued to be subject to the the Southeast sablefish IFQ total QS, exceeds 50,000 pounds. regular vessel use caps. Section 2.6 of allowable catch (TAC) and 1 percent of CQE representatives told the Council the analysis discusses the alternative the combined sablefish TAC in all that the existing 50,000-pound (22.7 mt) actions reviewed by the Council. In

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selecting the Preferred Alternative and If this action is approved, then each substantially increase fishing in the not Alternative 3, the Council made a of the three eligible communities would guided sport halibut fishery in Area 2C. policy choice to retain some limitation need to meet applicable requirements to The Council also determined the on the distribution of benefits among participate in the CQE Program. Each of community of Cold Bay would be vessels. The Council’s choice is the three communities would need to eligible to participate as a CQE intended to equitably distribute the form a new (or use an existing) qualified community in the GOA Pacific cod LLP. potential benefits of CQE-held QS and non-profit entity to represent the Naukati Bay and Game Creek would not IFQ throughout the communities. eligible community as a CQE, as be eligible to participate in the GOA required by regulations at § 679.41(l). Pacific cod LLP because they are located Action 2: Add Three CQE Communities Once the non-profit entity is formed, it in Southeast Alaska and the LLP affects Proposed Action 2 would add the must have written approval from the the Western and Central GOA. Cold Bay communities of Game Creek and governing body of the community to could, if approved, have its CQE request Naukati Bay in Area 2C, and Cold Bay submit an application to NMFS for Pacific cod endorsed non-trawl in Area 3B to the list of communities review and approval to participate in groundfish LLP licenses as implemented that are eligible to participate in the the CQE Program. Upon approval by by NMFS under the GOA fixed gear GOA CQE Program. In establishing the NMFS, the non-profit entity becomes a recency action under GOA FMP CQE Program, the Council adopted a CQE and is permitted to purchase and Amendment 86 (76 FR 15826, March 22, specific list of eligible communities to hold halibut and sablefish QS on behalf 2011). Under LLP regulations, the limit entry of new communities into the of the community. The CQEs community of Cold Bay would be CQE Program. A community not representing Game Creek and Naukati eligible to receive a maximum of two specifically designated on the list of Bay would be eligible to purchase Western GOA LLP licenses with communities adopted by the Council halibut catcher vessel QS in Area 2C endorsements for Pacific cod and pot may apply directly to the Council to be and Area 3A, and sablefish catcher gear. included. In this event, the Council may vessel QS in the GOA (Southeast, West The Council and NMFS considered modify the list of eligible communities Yakutat, Central Gulf and Western Gulf). the potential effects of adding three new through a regulatory amendment The CQE representing Cold Bay would communities to the CQE Program on existing users of the halibut and approved by the Secretary. The purpose be eligible to purchase halibut catcher groundfish resources of the GOA and of proposed Action 2 is to add three vessel QS in Area 3A and Area 3B, and the residents of Cold Bay, Game Creek, communities to the list of eligible GOA sablefish catcher vessel QS. and Naukati Bay. This section briefly communities in Table 21 to part 679. To The Council also reviewed these three summarizes the conclusions discussed qualify as eligible to purchase QS, a communities with respect to eligibility in Section 2.9.2 of the analysis prepared community must meet the following criteria for the other limited access for this action (see ADDRESSES). The criteria: (1) Have a population of less programs for which the existing CQEs primary effect of the proposed action to than 1,500 people and at least 20 are eligible: The charter halibut limited add three new communities to the CQE persons, based on the 2000 U.S. Census; access program and the LLP for GOA Program on participants in the halibut (2) be located on the GOA coast of the groundfish. The Council determined and sablefish IFQ fisheries would be North Pacific Ocean; (3) have direct that the communities of Naukati Bay greater competition for QS purchases access to saltwater; (4) have no direct and Game Creek would meet the and resulting increased prices for QS. road access to larger communities with regulatory criteria to be eligible to However, CQE use caps in current a population greater than 1,500 persons; participate as CQE communities in the regulations limit the total amount of (5) have historic participation in the charter halibut limited access program halibut and sablefish QS that could be halibut and sablefish fisheries; and (6) (75 FR 554, January 5, 2010). The purchased by a CQE and by CQEs in be listed in Table 21 to part 679. Council determined the community of aggregate. Those CQE caps (see The communities of Game Creek and Cold Bay would not be eligible because § 679.42(e)(4) through (e)(5) for sablefish Naukati Bay petitioned the Council in it is located in the Alaska Peninsula and § 679.42(f)(2) for halibut) would March 2010 to be added to the list of regulatory area, Area 3B. Only CQEs remain unchanged under the proposed CQE-eligible communities. Upon representing certain communities in action. Thus, the potential for increased receiving the petitions from Game Creek Southeast Alaska and Southcentral competition and increased prices would and Naukati Bay, the Council reviewed Alaska, Areas 2C and 3A, are allowed to be limited. Adding new communities to all communities that are located on the request and receive a limited number of the program could create additional coast of Areas 2C, 3A, or 3B. The charter halibut permits. If Naukati Bay competition for communities to Council and NMFS found the and Game Creek are approved as purchase up to the individual CQE use community of Cold Bay eligible, and the eligible, then each community’s CQE caps before the aggregate CQE cap is city of Cold Bay agreed to represent the could request up to four charter halibut reached. This potential is also community in approval of a CQE. The permits endorsed for Area 2C. Four is considered limited. Although 30 of the Council evaluated each of the three the maximum number of charter halibut currently eligible 42 communities have communities with respect to criteria 1 permits that CQE communities located formed CQEs, only a small amount of through 5 as described above and in Area 2C may request. In its December QS has been purchased by CQEs under determined they would be eligible to 2010 recommendation for this proposed the program. The Council’s 5-year participate as CQE communities. The action, the Council noted that the review of the CQE Program in March Council recommended that the number of additional permits that could 2010 showed that one of the biggest communities be added to the list of potentially be issued to CQEs challenges facing CQEs appears to be eligible CQE communities in Table 21 to representing Naukati Bay and Game financing QS purchases. The lack of part 679. The proposed action would Greek does not significantly change the credit history and the fact that CQEs are revise Table 21 to part 679 to add the projected number of charter halibut non-profit organizations increases communities of Game Creek, Naukati permits to be issued in the Area 2C lending risks for financial institutions. Bay and Cold Bay as eligible to charter halibut fishery. The additional Another financial limitation to QS participate in the CQE Program. permits would not be expected to purchases is the administrative cost

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necessary to both establish and maintain would allow CQEs representing additional QS. The Council’s review of the CQE. communities in Area 3A to hold a the CQE Program noted that CQE NMFS does not know if proposed limited amount of vessel category D community residents who are action 2 would result in increased halibut QS in Area 3A as described in transferring QS are more likely to offer community access to the halibut and more detail below. No change to Area the CQE favorable financing terms to sablefish fisheries due to the limited 2C was proposed by the public, and no purchase their QS if they are financing options and high quota prices change to Area 2C would be made by transitioning out of the fishery. seen in recent years. Council analysis this proposed rule. Allowing Area 3A CQEs to purchase indicated that CQE communities are The CQE Program was implemented vessel category D QS could build equity most likely to participate in the charter about 10 years after implementation of and increase the potential that CQEs halibut limited access program because the IFQ Program. By that time, most acquire halibut QS in Area 3A. The they would receive a limited number of CQE communities had experienced CQEs’ acquisition of halibut QS would community charter halibut permits at no substantial migration of locally held QS further the goals of the Council by cost. Furthermore, the charter halibut to larger communities. The CQE enabling CQE communities to sustain permit program does not restrict charter Program allowed these eligible community participation in the fishery. halibut permit use only to CQE communities to purchase limited The first provision would require that community residents. Overall, the amounts of vessel category B and C CQEs that purchase and hold Area 3A, Council concluded that adding halibut and sablefish QS, but did not vessel category D, QS, fish the annual communities to the CQE Program would allow for purchase of vessel category D halibut IFQ on category D vessels have a limited impact on existing users QS. One of the primary reasons the (vessels less than or equal to 35 ft. of the halibut and groundfish resources Council originally prohibited CQE LOA). These less than 35 ft. LOA vessels of the GOA, but would provide purchase of vessel category D QS was to are typically used by an entry-level additional opportunities to the residents ensure that vessel category D QS would participant and by most residents in of Cold Bay, Game Creek, and Naukati continue to be available to new IFQ Area 3A communities. Bay. Program entrants and crew members. The second provision of this proposed The Council was concerned that an action would cap the purchase of vessel Action 3: Allow CQEs in Area 3A To influx of CQEs in halibut regulatory category D QS by eligible Area 3A CQEs Purchase Vessel Category D Halibut QS Areas 2C and 3A would drive up at 1,223,740 units (132,293 pounds in Currently, regulations prohibit the demand and price for vessel category D 2010). The new cap equals the number transfer of vessel category D halibut QS and reduce the available vessel of vessel category D QS units initially quota share to a CQE representing a category D QS for individuals. To date, issued to individual residents of Area community or communities in halibut few CQEs hold any halibut QS; the 3A CQE communities. If Area 3A CQE regulatory Area 3A. Vessel category D small number of CQEs representing communities purchase sufficient QS to halibut QS may only be fished on communities in Area 3B were not reach the cap, then NMFS would notify catcher vessels 35 ft. LOA or less. prohibited from purchasing vessel Area 3A CQEs that no more vessel Proposed Action 3 would allow a CQE category D QS. The Council and NMFS category D QS could be transferred, and representing a community(ies) in Area found no clear evidence demonstrating further transfers would be prohibited by 3A to hold QS that is assigned to vessel a potential conflict between the limited NMFS. The Council recommended this category D. The purpose of proposed number of new IFQ Program entrants limit to provide opportunities for CQEs action 3 is to allow some redistribution and CQEs in Area 3B. to hold an amount of vessel category D of vessel category D QS to CQEs, thereby At the time the CQE Program was QS up to the amount historically held increasing fishing opportunities for CQE implemented in 2004, 14 communities by CQE residents. However, the cap communities in Area 3A and for the became eligible for the CQE Program in amount would not significantly expand owners of the small category D boats Area 3A. Residents in 11 of those the total holdings of vessel category D they may use. Vessel category D QS is communities held about 9 percent of the QS in CQE communities or significantly generally the least expensive category of total amount of Area 3A vessel category increase potential competition for vessel halibut QS because non-CQE IFQ D halibut QS. Since then, all 14 category D QS between non-CQE and derived from category D QS can only be communities in Area 3A have formed CQE QS holders. used on the smallest category of catcher CQEs approved by NMFS. However, As described in Section 2.6.2 of the vessel. It is often purchased and used by only 2 CQEs have purchased a very analysis, the use cap of 1,223,740 units smaller operations or new entrants. small amount of halibut QS due to of vessel category D QS represents 9.6 Based on public testimony received difficulties in securing favorable percent of the total Area 3A, vessel from residents of communities located financing terms. Section 2.4.3.2 of the category D QS. This means more than 90 in Area 3A and its review of the CQE analysis prepared for this proposed percent of Area 3A, vessel category D Program, the Council determined that action (see ADDRESSES) provides QS would remain accessible to non-CQE additional CQEs in Area 3A could additional detail on halibut QS holdings QS holders. Therefore, the maximum participate in the CQE Program if they by Area 3A CQE communities. effect, as limited by this action, would were eligible to purchase vessel category The amount of QS designated as be the redistribution of up to 1,223,740 D halibut QS. vessel category D QS in Area 2C, Area units of Area 3A, vessel category D, Currently, the CQEs representing 3A, and Area 3B is relatively small halibut QS from non-CQE QS holders to communities in Area 3A and Area 2C compared to vessel category A, B, and CQEs. are allowed to purchase vessel category C QS. Section 2.6.2 of the analysis notes The third provision of this proposed B and C halibut QS, but unlike that Area 3A CQE community residents action would remove the current individual holders, are prohibited from currently hold less than 3 percent of the restriction on the minimum size block purchasing vessel category D halibut total catcher vessel QS, and about 30 that a CQE could purchase of Area 3A, QS. The CQEs representing percent of that QS is vessel category D vessel category D, halibut QS. A block communities in Area 3B can purchase QS. The vessel category D QS held by is a consolidation of QS units that may vessel category D halibut QS. Proposed community residents is one potential not be divided. The IFQ Program Action 3 has three provisions and source of QS for CQEs to acquire initially issued QS in blocks to address

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various problems. Most initially issued price. While this potential for reporting requirements for the CQE QS that resulted in less than the competition would affect all current and assignment of LLP licenses are in equivalent of 20,000 pounds (9 mt) of potential QS holders, including resident regulations at § 679.5(l)(8) (i.e., CQE IFQ (in 1994 pound equivalents) was fishermen of CQE communities, the lease of IFQ). ‘‘blocked,’’ that is, issued as an impacts of the proposed action on all Currently, there are no requirements inseparable unit. Subsequent IFQ Program participants would be for CQEs to submit an annual report on amendments to the IFQ Program created limited by the total amount of vessel their use of community charter halibut a variety of block sizes that were category D halibut QS available for sale permits in the charter halibut limited available for transfer. One of the and the extent that CQEs are capable of access program. Following primary purposes of QS blocks and the purchasing vessel category D QS in Area implementation of the charter halibut amendments to the block provisions 3A. Given current financing options to limited access program, NMFS reviewed was to conserve small blocks of QS that secure funding for a QS purchase and the Council’s recommendation for the could be purchased at a relatively low the trend of reduced rates of halibut QS issuance of charter halibut permits to cost by crew members and new entrants transfers, the Council and NMFS could CQEs. NMFS determined that the to the IFQ fisheries. As the experience not determine through the analysis of Council intended that CQEs include of these fishermen increased and the this action whether allowing CQEs to information on the distribution and use size of their fishing operations grew, access vessel category D QS in Area 3A of charter halibut permits in their larger amounts of QS were needed to would have an impact on the amount of annual report, following the same accommodate this growth. The method vessel category D QS transfers or the requirements for the IFQ and LLP of a ‘‘sweep-up’’ was introduced to overall market price for the purchase of program annual reports. Therefore, allow very small blocks of QS to be vessel category D QS. While CQEs NMFS proposes specific CQE annual permanently consolidated so as to be would likely continue to have difficulty reporting requirements for use of practical to fish without exceeding in funding the purchase of QS, this community charter halibut permits in block use caps. Over time, the Council action would potentially provide more the charter halibut limited access and NMFS made moderate increases in opportunity for communities to program. the sweep-up levels to allow greater participate in the halibut QS market. This action proposes the amounts of QS to be swept-up into consolidation of CQE annual reporting Action 4: Technical Revisions to larger amounts that could be fished requirements for all CQE participation Recordkeeping and Reporting more economically. Section 2.6.2 of the in Federal fishery management analysis prepared for this action Action 4 would amend CQE programs in § 679.5(t), the provides additional detail on the recordkeeping and reporting recordkeeping and reporting development and regulation of QS requirements, clarify CQE Program regulations. Proposed paragraph (t) blocks and is not repeated here. eligibility for individual communities, would describe both general reporting CQEs are currently prohibited from and correct minor errors in current requirements for CQE annual reports purchasing a halibut QS block in Area program regulations. and specific reporting requirements for any CQE participating in the IFQ, 3A that consists of less than 46,520 QS Annual Reporting units. The majority of vessel category D charter halibut limited access, and LLP halibut QS available in Area 3A is in When the Council developed the CQE programs. The action would also revise small blocks less than or equal to the Program, it recommended that CQEs § 679.4(k), Permits, and § 679.5(l), current sweep-up limit of 46,520 QS prepare and submit an annual report to Recordkeeping and Reporting, to units. At the time of analysis (2010), 10 NMFS that described the prior year’s reference the single location for annual percent of the Area 3A, vessel category business and fishing operations. The reporting regulations at § 679.5(t). D, halibut QS was unblocked, 28 annual report requirements capture Finally, the action would add the CQE percent was blocked at levels greater three performance standards that the annual reporting requirement to the than the sweep-up limit (large blocks), Council established for CQEs. The charter halibut limited access program and 62 percent was blocked at levels performance standards are (1) equitable at § 300.67(k)(7). These proposed less than or equal to the sweep-up limit distribution of IFQ leases within a changes would streamline regulatory (small blocks). The Council reviewed community, (2) the use of IFQ by local text and provide CQEs with a single these data and determined that current crew members, and (3) the percentage of reference to determine their annual regulations requiring CQEs to use IFQ resulting from community-held QS reporting requirements. that is fished on an annual basis. A unblocked QS and large blocks of QS CQE Floating Processor Landing Report limit the opportunity for CQEs in Area CQE’s annual report is used by the Requirements 3A to purchase vessel category D QS. Council to measure the CQE’s prior CQEs have few opportunities to year’s performance against these This action would revise the purchase vessel category D QS from standards. These annual reports are recordkeeping and reporting regulations residents of CQE communities who are used to track the progress of the CQEs at § 679.5(e) for CQE floating processors. either retiring out of the fishery or and assess whether the CQE issuance of Under Amendment 83 to the GOA FMP, transitioning to a different category of the fishing privileges is meeting the NMFS implemented regulations that QS. Therefore, the Council added the overall goal of the CQE Program. allow vessels to receive and process provision allowing CQEs to purchase The current CQE annual report catch harvested by other vessels within any size block of vessel category D requirements for CQE leases of IFQ the municipal boundaries of CQEs halibut QS in Area 3A. halibut and sablefish in the IFQ Program located in the Central and Western GOA The primary effect of the three are found in the recordkeeping and (76 FR 74670, December 1, 2011). This provisions of this proposed action on reporting regulations in § 679.5(l)(8). proposed action would not modify existing IFQ and CQE Program The CQE annual reporting requirements provisions applicable to the general use participants would be the potential for for CQE assignment of Pacific cod of CQE floating processors that were greater competition in the market for endorsed non-trawl groundfish LLP established and described in the final purchasing vessel category D halibut licenses are in § 679.4(k)(10)(G) of the rule implementing Amendment 83, but QS, which could result in a higher regulations. The remaining annual would clarify specific reporting

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requirements that must be met. The halibut QS permit to a CQE with the regulations describing each CQE current regulations at § 679.5(e)(6) state incorrect IFQ regulatory areas. community’s eligibility to participate in that CQE floating processors that receive Currently, Table 21 does not indicate Federal fishery management programs groundfish from catcher vessels must the CQE Program communities in the in the GOA. The revised Table 21 would submit a daily mothership landing GOA that are eligible to use sablefish clearly define each CQE community’s report in the eLandings electronic QS. NMFS proposes a second opportunities and remove duplicate reporting system that they were taking modification to Table 21 that would add information currently contained in deliveries within the municipal a column to specify the CQE Table 50. As proposed, CQEs and other boundary of a CQE community. communities in the GOA that may lease stakeholders would be able to reference However, NMFS proposes this reporting sablefish IFQ. Table 21 and efficiently locate all the should occur on the shoreside processor NMFS proposes a third modification fishing programs for which a specific landing report for two reasons: first, a to add columns to Table 21 to list the CQE community is eligible. shoreside landing report provides a maximum number and the halibut IFQ more accurate report of CQE floating regulatory area of charter halibut limited Classification processing activity, and second, it will access permits that may be granted to Pursuant to section 304(b)(1)(A) of the improve the timely collection and CQEs representing specific Magnuson-Stevens Act, the NMFS assessment of landing data. As such, communities. The halibut charter Assistant Administrator has determined this action proposes to move the moratorium program (75 FR 554, that this proposed rule is consistent reporting requirement from § 679.5(e)(6) January 5, 2010) issued a limited with Amendment 94, the Halibut Act, to § 679.5(e)(5). In addition, the number of charter halibut permits to the Magnuson-Stevens Act, and other definition of a mothership at § 679.2(3), each CQE representing a community in applicable laws, subject to further which is specific to CQE floating Area 2C and Area 3A that meets specific consideration after public comment. processors, would no longer be needed criteria denoting underdeveloped and would therefore be removed. charter halibut ports. Currently, the Executive Order 12866 regulations lack a single listing of the Modify Table 21 to Part 679 This proposed rule has been number of permits each community is determined to be not significant for This action would make three eligible to receive. NMFS proposes to purposes of Executive Order 12866. modifications to Table 21 to part 679 by list in Table 21 the maximum number adding column headings to describe the of charter halibut limited access permits Regulatory Flexibility Act management areas where CQE Program that may be issued in halibut IFQ The Chief Counsel for Regulation of communities may use halibut and regulatory Area 2C and Area 3A by the Department of Commerce certified sablefish. The preambles to the eligible community. proposed and final rules for GOA The three proposed modifications to to the Chief Counsel for Advocacy of the Amendment 66 describe the specific Table 21 would assist CQEs and other Small Business Administration that this communities that may use halibut and stakeholders in referencing fishing proposed rule, if adopted, would not sablefish IFQ (proposed rule: 68 FR program eligibility by CQE community. have a significant economic impact on 59564, October 16, 2003; final rule: 69 If approved, these modifications to a substantial number of small entities. FR 23681, April 30, 2004). Under GOA Table 21 would be made in conjunction Community quota entities are the only Amendment 66, the Council allowed a with the proposed actions in this rule to entities that will be directly impacted by distinct set of 42 remote coastal add three new communities to the CQE this proposed rule. Under the terms of communities with historic participation Program and to remove Table 50 to part the Regulatory Flexibility Act, CQEs are in the halibut and sablefish fisheries to 679. always considered small entities. purchase and hold halibut QS in halibut If the proposed actions are Remove Table 50 to Part 679 regulatory Areas 2C, 3A, and 3B of the implemented, each action would have a GOA and sablefish QS in the Southeast NMFS determined from a review of positive impact on the affected small and Southcentral Alaska. Table 21 to part 679 that the information entities because they would increase Currently, Table 21 to part 679 that in Table 50 to part 679 would be best CQE fishing opportunities over the lists these communities does not clearly incorporated into Table 21. Table 50 status quo. The action to relieve the delineate which communities may lease originated as part of Amendment 86 to vessel use cap restriction when halibut IFQ in Areas 3A and 3B. The the FMP to modify the License individual, non-CQE IFQ is fished on first modification NMFS proposes is to Limitation Program (LLP) for groundfish board the vessel removes an overly correct this error in Table 21. This fisheries (76 FR 15826, March 22, 2011). restrictive management provision. By correction is needed to accurately As previously explained, Amendment removing this provision, CQE describe community eligibility to lease 86 authorized CQEs representing certain communities will have more halibut QS by halibut IFQ regulatory communities in the Central and Western opportunities to fish than they are area. This proposed correction to Table GOA to request and receive a limited currently allowed. The addition of three 21 would eliminate potential confusion number of Pacific cod endorsed non- new communities to the list of by the regulated public. Since trawl groundfish LLP licenses and communities eligible to form a CQE implementation of the CQE Program, assign those LLP licenses to specified correctly identifies all of the any halibut QS issued to a CQE users and vessels operating in those communities eligible to participate in included the corresponding IFQ CQE communities. Table 50 lists the the CQE Program, thus ensuring that regulatory area on the permit. This maximum number and the regulatory eligible communities are not being left permit is the primary document used by area specification of those groundfish out of the program. The action to allow authorized enforcement officers to LLP licenses that may be granted to Area 3A communities to purchase D determine in what regulatory area a CQEs representing the specific GOA category halibut QS would not have fisherman is allowed to fish IFQ derived communities. Currently, all adverse economic impacts on directly from the QS. Despite the absence of the communities listed in Table 50 are also regulated small entities and would information in Table 21 in current included in Table 21. Combining Table preserve fishing opportunities in small regulations, NMFS would not issue a 21 and Table 50 would consolidate rural communities.

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Because of the voluntary nature of the OMB Control No. 0648–ACQE PART 300—INTERNATIONAL CQE Program, and the fact that the FISHERIES REGULATIONS proposed actions would increase CQE Public reporting burden is estimated fishing opportunities, this rule would to average 200 hours per response for ■ 1. The authority citation for part 300 not impose significant adverse Application to become a Community continues to read as follows: economic impacts on a substantial Quota Entity (CQE); two hours per Authority: 16 U.S.C. 773–773k. number of small entities. As a result, an response for Application for Transfer of ■ 2. In § 300.67, revise paragraph Initial Regulatory Flexibility Analysis is QS/IFQ to or from a CQE; 20 hours for (k)(2)(i) and add paragraph (k)(7) to read not required and none has been Application for a CQE to Receive a Non- as follows: prepared. trawl Groundfish LLP License; 40 hours for CQE Annual Report; and one hour Projected Reporting, Recordkeeping and for a CQE Letter of Authorization. The § 300.67 Charter halibut limited access Other Compliance Requirements estimated reporting burden includes the program. The proposed rule would require time for reviewing instructions, * * * * * additional reporting, recordkeeping, and searching existing data sources, (k) * * * other compliance requirements by gathering and maintaining the data (2) * * * (i) For Area 2C: Angoon, Coffman CQEs. Specifically, the proposed rule needed, and completing and reviewing Cove, Edna Bay, Game Creek, Hollis, would require CQEs to add a the collection of information. Hoonah, Hydaburg, Kake, Kasaan, description of the previous year’s NMFS seeks public comment Klawock, Metlakatla, Meyers Chuck, business and fishing operations for the regarding whether this proposed Naukati Bay, Pelican, Point Baker, Port charter halibut limited access program collection-of-information is necessary Alexander, Port Protection, Tenakee, to its annual report submitted to NMFS. for the proper performance of the Thorne Bay, Whale Pass. The reports are currently, and would functions of the agency, including * * * * * continue to be, reviewed by NMFS. whether the information shall have Information would be released to the (7) An annual report on the use of practical utility; the accuracy of the charter halibut permits must be Council, if requested, in a manner that burden estimate; ways to enhance the is consistent with section 402(b) of the submitted by the CQE as required at quality, utility, and clarity of the § 679.5(t) of this title. Magnuson-Stevens Act and applicable information to be collected; and ways to agency regulations and policies. minimize the burden of the collection of PART 679—FISHERIES OF THE Duplicate, Overlapping, or Conflicting information, including through the use EXCLUSIVE ECONOMIC ZONE OFF Federal Rules of automated collection techniques or ALASKA other forms of information technology. No Federal rules that might duplicate, Send comments regarding this burden ■ 3. The authority citation for part 679 overlap, or conflict with these proposed estimate, or any other aspect of this data continues to read as follows: actions have been identified. collection, including suggestions for Authority: 16 U.S.C. 773 et seq.; 1801 et Collection-of-Information reducing the burden, to NMFS (see seq.; 3631 et seq.; Pub. L. 108–447. ADDRESSES) and by email to This proposed rule contains [email protected], or by § 679.2 [Amended] collection-of-information requirements ■ fax to (202) 395–7285. 4. In § 679.2, remove paragraph (3) of subject to review and approval by OMB the definition for ‘‘Mothership.’’ under the Paperwork Reduction Act Notwithstanding any other provision ■ 5. In § 679.4, revise paragraphs (PRA). These requirements have been of the law, no person is required to (k)(10)(vi)(A), (k)(10)(vi)(C) introductory submitted to OMB for approval and are respond to, and no person shall be text, (k)(10)(vi)(C)(2), (k)(10)(vi)(F)(1), listed below by OMB control number. subject to a penalty for failure to comply (k)(10)(vi)(F)(2), and (k)(10)(vi)(G) to To improve efficiency and clarity, the with, a collection of information subject read as follows: CQE activities are being brought to the requirements of the PRA, unless together with other CQE forms under that collection of information displays a § 679.4 Permits. one collection. currently valid OMB control number. * * * * * (k) * * * OMB Control No. 0648–0272 List of Subjects (10) * * * Two forms (Application for a Non- 50 CFR Part 300 (vi) * * * profit Corporation to be Designated as a (A) Each CQE that has been approved Community Quota Entity (CQE) and Fisheries, Reporting and by the Regional Administrator under the Application for Transfer of QS/IFQ to or recordkeeping requirements. requirements of § 679.41(l)(3) to represent a community listed in Table from a CQE) are removed from this IFQ 50 CFR Part 679 Program collection and are placed in the 21 to part 679 that is eligible for Pacific new ACQE collection (see below). No Alaska, Fisheries, Reporting and cod endorsed non-trawl groundfish changes are made to the forms. recordkeeping requirements. licenses, may apply to receive the maximum number of groundfish OMB Control No. 0648–0334 Dated: February 28, 2013. licenses listed in Table 21 to part 679 Three elements (Application for a Alan D. Risenhoover, on behalf of the eligible communities CQE to Receive a Non-trawl Groundfish Director, Office of Sustainable Fisheries, listed in Table 21 to part 679 that CQE LLP License; Letter of Authorization for performing the functions and duties of the is designated to represent. In order to Persons Using LLP Licenses Assigned to Deputy Assistant Administrator for receive a groundfish license, a CQE a CQE; and CQE Annual Report) are Regulatory Programs, National Marine must submit a complete application for removed from this License Limitation Fisheries Service. a groundfish license to the Regional Program (LLP) and are placed in the For the reasons set out in the Administer, NMFS, P.O. Box 21668, new ACQE collection (see below). No preamble, NMFS proposes to amend 50 Juneau, AK 99802. A CQE may not changes are made to the elements. CFR parts 300 and 679 as follows: apply for, and may not receive more

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than the maximum number of ■ c. Add paragraphs (e)(5)(i)(A)(12) and (8) An annual report on the halibut groundfish licenses designated in the (t) to read as follows: and sablefish IFQ activity must be regulatory area specified for a submitted by the CQE as required at community as listed in Table 21 to part § 679.5 Recordkeeping and reporting § 679.5(t). (R&R). 679. * * * * * * * * * * * * * * * (t) Community Entity Quota Program (C) A groundfish license approved for (e) * * * Annual Report—(1) Applicability. A issuance to a CQE by the Regional (3) * * * CQE must submit an annual report on (iv) * * * Administrator for a community listed in the CQE’s administrative activities, (A) Groundfish shoreside processor, Table 21 to part 679: business operation, and community SFP, or CQE floating processor. If a * * * * * fishing activities for each calendar year groundfish shoreside processor, SFP, or it holds any of the following: (2) Will have only the regional CQE floating processor, enter the FPP designation specified for that Community charter halibut permits as number. described at § 300.67(k), halibut and community as listed in Table 21 to part (B) Groundfish catcher/processor or 679; sablefish individual fishing quota (IFQ) mothership. If a groundfish catcher/ and quota shares (QS) as described at * * * * * processor or mothership, enter the FFP § 679.41(l)(3), and community Pacific (F) * * * number. (1) NMFS will issue only pot gear cod endorsed non-trawl groundfish * * * * * Pacific cod endorsements for groundfish license limitation program (LLP) (5) Shoreside processor, SFP, or CQE licenses with a Western Gulf of Alaska licenses as described at floating processor landing report. The designation to CQEs on behalf of a § 679.4(k)(10)(vi)(F)(2). The CQE may manager of a shoreside processor, SFP, community listed in Table 21 to part combine annual reports about its or CQE floating processor that receives 679. holdings of community charter halibut (2) NMFS will issue either a pot gear groundfish from a catcher vessel issued permits, IFQ, and LLPs in one report. A or a hook-and-line gear Pacific cod an FFP under § 679.4 and that is CQE must submit annual report data for endorsement for a groundfish license required to have an FPP under § 679.4(f) the community charter halibut permit, with a Central Gulf of Alaska must use eLandings or other NMFS- IFQ, and LLP permits it held during the designation to CQEs on behalf of a approved software to submit a daily calendar year. A CQE is not required to community listed in Table 21 to part landing report during the fishing year to submit an annual report for any 679 based on the application for a report processor identification calendar year in which it did not hold groundfish license as described in information and the following any community charter halibut permits, paragraph (k)(10)(vi)(B) of this section information under paragraphs (e)(5)(i) IFQ, or LLPs. (2) Time limits and submittal. By provided that application is received by through (iii) of this section: January 31, the CQE must submit a NMFS not later than six months after (i) Information entered for each groundfish delivery to a shoreside complete annual report for the prior April 21, 2011. If an application to calendar year to the Regional receive a groundfish license with a processor, SFP, or CQE floating processor. The User for a shoreside Administrator, National Marine Central Gulf of Alaska designation on Fisheries Service, P.O. Box 21668, behalf of a community listed in Table 21 processor, SFP, or CQE floating processor must enter the following Juneau, AK 99802, and to the governing to part 679 is received later than six body of each community represented by months after April 21, 2011, NMFS will information (see paragraphs (e)(5)(i)(A) through (C) of this section) for each the CQE as identified in Table 21 to this issue an equal number of pot gear and part. hook-and-line gear Pacific cod groundfish delivery (other than IFQ sablefish) provided by the operator of a (3) Complete annual report. A endorsements for a groundfish license complete annual report contains all issued to the CQE on behalf of a catcher vessel, the operator or manager of an associated buying station, and general report requirements listed in community listed in Table 21 to part paragraphs (t)(4)(i) through (t)(4)(iii) and 679. In cases where the total number of from processors for reprocessing or rehandling product into eLandings or all program specific report requirements groundfish licenses issued on behalf of applicable to the CQE as described in a community listed in Table 21 to part other NMFS-approved software: (A) * * * paragraphs (t)(5)(i) through (t)(5)(iii). 679 is not even, NMFS will issue one (4) General report requirements. Each more groundfish license with a pot gear (12) If receiving deliveries of groundfish in the marine municipal CQE must report the following Pacific cod endorsement than the information: number of groundfish licenses with a boundaries of a CQE community listed in Table 21 to this part. (i) The eligible community or hook-and-line gear Pacific cod communities, represented by the CQE, endorsement. * * * * * any new communities, and any (G) An annual report on the use of (6) Mothership landing report. The withdrawn communities; Pacific cod endorsed non-trawl operator of a mothership that is issued (ii) Any changes in the bylaws of the groundfish licenses shall be submitted an FFP under § 679.4(b) that receives CQE, board of directors, or other key by the CQE as required at § 679.5(t). groundfish from a catcher vessel management personnel; and * * * * * required to have an FFP under § 679.4 (iii) Copies of minutes and other ■ 6. In § 679.5, is required to use eLandings or other relevant decision making documents ■ a. Remove paragraph (e)(6)(i)(A)(12) NMFS-approved software to submit a from all CQE board meetings held and redesignate paragraph daily landing report during the fishing during the prior calendar year. (e)(6)(i)(A)(13) as paragraph year to report processor identification (5) Program specific report (e)(6)(i)(A)(12); information and the following requirements. Each CQE must report ■ b. Revise paragraphs (e)(3)(iv)(A), information under paragraphs (e)(6)(i) business operations and fishing activity (e)(3)(iv)(B), (e)(5) introductory text, through (iii) of this section: for the charter halibut permit, IFQ, and (e)(5)(i), (e)(6) introductory text, and * * * * * LLP programs for each eligible (l)(8); and (l) * * * community represented by the CQE.

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(i) If a community in Table 21 to part permits held by the CQE, provide each (J) For each community whose 679 was issued one or more charter set of ports from which the vessel residents landed IFQ derived from QS halibut permits held on behalf of the departed and to which it returned, and held by the CQE, provide any payments community by a CQE, then the CQE the total number of trips that occurred made to the CQE for use of the IFQ. must complete paragraphs (t)(5)(iv)(A) to and from each set of ports when one (vi) License Limitation Program. For through (I) of this section; or more charter halibut permits held by each community represented by the (ii) If a community in Table 21 to part the CQE was used onboard the vessel; CQE, the program specific report for 679 leased halibut and sablefish IFQ and GOA Pacific cod endorsed non-trawl derived from the QS held on behalf of (I) For each community represented groundfish licenses held by a CQE must the community by a CQE, then the CQE by the CQE, provide any payments include: must complete paragraphs (t)(5)(v)(A) made to the CQE for use of the charter (A) The total number of LLP through (J) of this section; and halibut permits. groundfish licenses by gear type (iii) If a community in Table 21 to part (v) Individual Fishing Quota Program. endorsement held by the CQE at the 679 was assigned one or more Pacific For each community represented by the start of the calendar year, at the end of cod endorsed non-trawl groundfish CQE, the program specific report for the calendar year, and projected to be licenses held on behalf of the halibut IFQ or sablefish IFQ that were held in the next calendar year; community by a CQE, then the CQE derived from QS held by the CQE must (B) A description of the process used must complete paragraphs (t)(5)(vi)(A) include: by the CQE to solicit applications from through (J) of this section. (A) The total amount of halibut QS residents of the eligible community to (iv) Charter Halibut Limited Access and total amount of sablefish QS held use LLP groundfish license(s) that the Program. For each community by the CQE at the start of the calendar CQE is holding on behalf of the eligible represented by the CQE, the program year, at the end of the calendar year, and community; specific report for charter halibut projected to be held in the next calendar (C) The total number of community permits held by a CQE, must include: year; residents who applied to use an LLP (A) The total number of charter (B) A description of the process used groundfish license held by the CQE; (D) Name, business address, city and halibut permits held by the CQE at the by the CQE to solicit applications from state, and number of LLP groundfish start of the calendar year, at the end of eligible community residents to use IFQ licenses requested by each person who the calendar year, and projected to be that is derived from QS that the CQE is applied to use a LLP groundfish license held in the next calendar year; holding on behalf of the eligible (B) A description of the process used held by the CQE; community; by the CQE to solicit applications from (E) A detailed description of the (C) The total number of community persons to use charter halibut permits criteria used by the CQE to distribute residents who applied to use IFQ that the CQE is holding on behalf of the LLP groundfish licenses among eligible derived from QS held by the CQE; eligible community; community residents who applied to (C) The total number of persons who (D) Name, business address, city and use LLP groundfish licenses held by the applied to use one or more charter state, and amount of IFQ requested by CQE; halibut permits; each person who applied to use IFQ (F) For each person assigned one or (D) Name, business address, city and derived from QS held by the CQE; more LLP groundfish licenses held by state, and number of charter halibut (E) A detailed description of the the CQE, provide their name, business permits requested by each person who criteria used by the CQE to distribute address, city and state, and LLP applied to use a charter halibut permit IFQ among eligible community groundfish license numbers for permits held by the CQE; residents who applied to use IFQ held of each gear endorsement type they (E) A detailed description of the by the CQE; were authorized to use; criteria used by the CQE to distribute (F) For each person who leased IFQ (G) For each vessel authorized to charter halibut permits among persons derived from QS held by the CQE, harvest LLP groundfish using one or who applied to use one or more charter provide their name, business address, more LLP groundfish licenses held by halibut permits that the CQE is holding city and state, each IFQ permit number, the CQE, provide the vessel name, on behalf of the eligible community; and the total pounds of halibut IFQ and ADF&G vessel registration number, (F) For each person issued one or total pounds of sablefish IFQ they were USCG documentation number, length more charter halibut permits held by a authorized to use through each IFQ overall, home port, and each LLP CQE, provide their name, business permit number; groundfish license number used address, city and state, ADF&G logbook (G) For each vessel used to harvest onboard; number(s), and the number(s) of each IFQ derived from QS held by the CQE, (H) A description of the efforts by the charter halibut permits they were provide the vessel name, ADF&G vessel CQE to ensure crew members onboard authorized to use with the registration number, USCG the vessels authorized to harvest LLP corresponding regulatory area documentation number, length overall, groundfish using one or more LLP endorsement and angler endorsement; home port, and each IFQ permit groundfish licenses held by the CQE are (G) For each vessel authorized to number(s) used onboard; residents of the eligible community; participate in the charter halibut fishery (H) A description of the efforts made (I) Name, resident city and state, and using one or more charter halibut by the CQE to ensure crew members business address, city and state, of each permits held by the CQE, provide the onboard the vessels used to harvest the person employed as a crew member on vessel name, ADF&G vessel registration IFQ derived from QS held by the CQE each vessel authorized to harvest LLP number, USCG documentation number, are residents of the CQE eligible groundfish using one or more LLP length overall, home port and each community; groundfish licenses held by the CQE; charter halibut permits number held by (I) Name, resident city and state, and and the CQE and used onboard the vessel; business address, city and state of each (J) For each community whose (H) For each vessel authorized to person employed as a crew member on residents made landings using one or participate in the charter halibut fishery each vessel used to harvest IFQ derived more LLP groundfish licenses held by using one or more charter halibut from QS held by the CQE; and the CQE, provide any payments made to

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the CQE for use of the LLP groundfish (ii) In aggregate, CQEs may not hold (ii) No vessel may be used, during any licenses. an amount of QS in halibut IFQ fishing year, to harvest more than ■ 7. In § 679.41, revise paragraphs regulatory area 3A that is assigned to 50,000 lb (22.7 mt) of IFQ halibut (c)(10)(ii) and (g)(5) to read as follows: vessel category D in excess of 1,233,740 derived from QS held by a CQE, and no QS units. vessel used to harvest IFQ halibut § 679.41 Transfer of quota shares and IFQ. * * * * * derived from QS held by a CQE may be * * * * * ■ used to harvest more IFQ halibut than (c) * * * 8. In § 679.42, revise paragraphs (a)(2)(iii), (h)(1)(ii), and (h)(2)(ii) to read the vessel use caps specified in (10) * * * paragraphs (h)(1) and (h)(1)(i). (ii) The CQE applying to receive or as follows: (2) * * * transfer QS, has submitted a complete § 679.42 Limitations on use of QS and IFQ. annual report required by § 679.5(t); (ii) No vessel may be used, during any (a) * * * fishing year, to harvest more than * * * * * (2) * * * (g) * * * 50,000 lb (22.7 mt) of IFQ sablefish (5) A CQE may not hold QS in halibut (iii) IFQ derived from QS held by a derived from QS held by a CQE, and no IFQ regulatory area 2C that is assigned CQE may be used to harvest IFQ species vessel used to harvest IFQ sablefish to vessel category D. from a vessel of any length, with the derived from QS and held by a CQE may (i) A CQE may not hold QS in halibut exception of IFQ derived from QS in be used to harvest more IFQ sablefish IFQ regulatory area 3A that is assigned IFQ regulatory area 3A that is assigned than the vessel use caps specified in to vessel category D on behalf of a to vessel category D. paragraphs (h)(2) and (h)(2)(i). community that is located in halibut * * * * * * * * * * IFQ regulatory areas 2C or 3B as listed (h) * * * ■ 9. Revise Table 21 to part 679 to read in Table 21 to part 679. (1) * * * as follows:

TABLE 21 TO PART 679—ELIGIBLE COMMUNITIES, HALIBUT IFQ REGULATORY AREA LOCATION, COMMUNITY GOVERNING BODY THAT RECOMMENDS THE CQE, AND THE FISHING PROGRAMS AND ASSOCIATED AREAS WHERE A CQE REP- RESENTING AN ELIGIBLE COMMUNITY MAY BE PERMITTED TO PARTICIPATE

May lease halibut QS May lease Maximum number Maximum number of in halibut IFQ sablefish QS of CHPs that may Pacific cod endorsed Halibut IFQ regulatory in sablefish be issued in halibut non-trawl groundfish li- regulatory Community IFQ regulatory IFQ regulatory censes that may be Eligible GOA area in which governing body areas assigned in the community the that recommends GOA groundfish community the CQE Area Area Area regulatory area is located 2C 3A 3B CG, SE, WG, Area 2C Area 3A and WY (All Central Western GOA) GOA GOA

Akhiok ...... 3A City of Akhiok ...... X X X ...... 7 2 Angoon ...... 2C City of Angoon ... X X ...... X 4 Chenega Bay .. 3A Chenega IRA Vil- ...... X X X ...... 7 2 lage. Chignik ...... 3B City of Chignik ...... X X X ...... 3 Chignik Lagoon 3B Chignik Lagoon ...... X X X ...... 4 Village Council. Chignik Lake ... 3B Chignik Lake ...... X X X ...... 2 Traditional Council. Coffman Cove 2C City of Coffman X X ...... X 4 Cove. Cold Bay ...... 3B City of Cold Bay ...... X X X ...... 2 Craig ...... 2C City of Craig ...... X X ...... X Edna Bay ...... 2C Edna Bay Com- X X ...... X 4 munity Asso- ciation. Elfin Cove ...... 2C Community of X X ...... X Elfin Cove. Game Creek .... 2C N/A ...... X X ...... X 4 Gustavus ...... 2C Gustavus Com- X X ...... X munity Asso- ciation. Halibut Cove .... 3A N/A ...... X X X ...... 7 2 Hollis ...... 2C Hollis Community X X ...... X 4 Council. Hoonah ...... 2C City of Hoonah ... X X ...... X 4 Hydaburg ...... 2C City of Hydaburg X X ...... X 4 Ivanof Bay ...... 3B Ivanof Bay Vil- ...... X X X ...... 2 lage Council. Kake ...... 2C City of Kake ...... X X ...... X 4 Karluk ...... 3A Native Village of ...... X X X ...... 7 2 Karluk. Kasaan ...... 2C City of Kasaan ... X X ...... X 4 King Cove ...... 3B City of King Cove ...... X X X ...... 9

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Klawock ...... 2C City of Klawock .. X X ...... X 4 Larsen Bay ...... 3A City of Larsen ...... X X X ...... 7 2 Bay. Metlakatla ...... 2C Metlakatla Indian X X ...... X 4 Village. Meyers Chuck 2C N/A ...... X X ...... X 4 Nanwalek ...... 3A Nanwalek IRA ...... X X X ...... 7 2 Council. Naukati Bay ..... 2C Naukati Bay, Inc X X ...... X 4 Old Harbor ...... 3A City of Old Har- ...... X X X ...... 7 5 bor. Ouzinkie ...... 3A City of Ouzinkie ...... X X X ...... 7 9 Pelican ...... 2C City of Pelican .... X X ...... X 4 Perryville ...... 3B Native Village of ...... X X X ...... 2 Perryville. Point Baker ...... 2C Point Baker X X ...... X 4 Community. Port Alexander 2C City of Port Alex- X X ...... X 4 ander. Port Graham .... 3A Port Graham Vil- ...... X X X ...... 7 2 lage Council. Port Lions ...... 3A City of Port Lions ...... X X X ...... 7 6 Port Protection 2C Port Protection X X ...... X 4 Community As- sociation. Sand Point ...... 3B City of Sand ...... X X X ...... 14 Point. Seldovia ...... 3A City of Seldovia ...... X X X ...... 7 8 Tatitlek ...... 3A Native Village of ...... X X X ...... 7 2 Tatitlek. Tenakee 2C City of Tenakee X X ...... X 4 Springs. Springs. Thorne Bay ...... 2C City of Thorne X X ...... X 4 Bay. Tyonek ...... 3A Native Village of ...... X X X ...... 7 2 Tyonek. Whale Pass ..... 2C Whale Pass X X ...... X 4 Community As- sociation. Yakutat ...... 3A City of Yakutat ...... X X X ...... 7 3 N/A means there is not a governing body recognized in the community at this time. CHPs are Charter halibut permits.

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■ 10. Remove and reserve Table 50 to considered by NMFS. All comments species listed in the Coral FMP, and part 679. received are a part of the public record future harvest is not anticipated, the [FR Doc. 2013–05077 Filed 3–5–13; 8:45 am] and will generally be posted for public Council decided to remove all seagrass BILLING CODE 3510–22–P viewing on www.regulations.gov species from the Coral FMP. without change. All personal identifying Management Measure Contained in information (e.g., name, address, etc.), This Proposed Rule DEPARTMENT OF COMMERCE confidential business information, or otherwise sensitive information If implemented, this rule would National Oceanic and Atmospheric submitted voluntarily by the sender will remove seagrass species from the Coral Administration be publicly accessible. NMFS will FMP, because the Council determined accept anonymous comments (enter ‘‘N/ that Federal management of these 50 CFR Part 622 A’’ in the required fields if you wish to seagrass species is unnecessary. [Docket No. 120718255–3038–01] remain anonymous). Attachments to The Coral FMP currently includes electronic comments will be accepted in four individual species of seagrasses: RIN 0648–BC38 Microsoft Word, Excel, or Adobe PDF Turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), Amendment 4 to the Corals and Reef file formats only. Electronic copies of Amendments 4 to shoal grass (Halodule wrightii), widgeon Associated Plants and Invertebrates grass (Ruppia maritima), and one group Fishery Management Plan of Puerto the Coral FMP, which include an Environmental Assessment, a regulatory of species, the sea vines (Halophila spp., Rico and the U.S. Virgin Islands; including H. decipiens, H. baillonis, H. Seagrass Management flexibility analysis, a regulatory impact review, and a fishery impact statement, engelmannii, and H. stipulacea (exotic)), AGENCY: National Marine Fisheries may be obtained from the Southeast all of which occur in U.S. Caribbean Service (NMFS), National Oceanic and Regional Office Web site at: http:// waters. Seagrasses were included in Atmospheric Administration (NOAA), sero.nmfs.noaa.gov/index.html. 1994 as members of the coral reef resources fishery management unit Commerce. FOR FURTHER INFORMATION CONTACT: (FMU) of the Coral FMP. The Coral FMP ACTION: Proposed rule; request for Maria del Mar Lopez, Southeast defined the coral reef resources FMU to comments. Regional Office, NMFS, telephone: 727– include a vast array of plants and 824–5305, email: invertebrates that provide habitats that SUMMARY: NMFS proposes regulations to [email protected]. implement Amendment 4 to the Fishery are essential to the growth, Management Plan (FMP) for Corals and SUPPLEMENTARY INFORMATION: Seagrasses development, and survival of managed Reef Associated Plants and Invertebrates in the U.S. Caribbean EEZ are managed finfish and other marine organisms. of Puerto Rico and the U.S. Virgin under the Coral FMP. The Coral FMP The location, presence, and distribution of seagrasses in the EEZ are Islands (USVI) (Coral FMP), as prepared was prepared by the Council and is not well known, but the best available and submitted by the Caribbean Fishery implemented under the authority of the scientific information indicates that the Management Council (Council). If Magnuson-Stevens Act by regulations at vast majority of seagrasses occur in implemented, this rule would remove 50 CFR part 622. shallower Puerto Rico commonwealth seagrasses from the Coral FMP. The Background and USVI territorial waters (state intent of this rule and Amendment 4 to The Magnuson-Stevens Act requires waters) due to depth-associated light the Coral FMP is to address the future that annual catch limits (ACLs) and limitations found in the EEZ. Seagrasses management of seagrasses in the U.S. accountability measures (AMs) be are not targeted either in the EEZ or in Caribbean exclusive economic zone established to end overfishing and state waters, and future harvest is not (EEZ) in accordance with the prevent overfishing from occurring. anticipated. Both Puerto Rico and the Magnuson-Stevens Fishery Annual catch limits are levels of annual USVI regulate activities involving Conservation and Management Act catch of a stock or stock complex that seagrasses through their respective (Magnuson-Stevens Act). are set to prevent overfishing from coastal zone management programs. DATES: Written comments must be occurring. Accountability measures are Seagrasses have been identified as received on or before April 5, 2013. management controls to prevent ACLs essential fish habitat (EFH) for stocks ADDRESSES: You may submit comments from being exceeded, and to correct or within the four Council FMPs (Queen on this document, identified by mitigate overages of the ACL if they Conch Resources of Puerto Rico and the ‘‘NOAA–NMFS–2013–0021,’’ by any of occur. USVI, Reef Fish Fishery of Puerto Rico the following methods: To address the requirements of the and the USVI, Spiny Lobster Fishery of • Electronic Submission: Submit all Magnuson-Stevens Act, NMFS Puerto Rico and the USVI, and Coral). electronic public comments via the published a final rule to implement the Essential fish habitat is defined by the Federal e-Rulemaking Portal. Go to 2011 Caribbean ACL Amendment on Magnuson-Stevens Act as those waters www.regulations.gov/ December 30, 2011 (76 FR 82414). The and substrates necessary to fish for #!docketDetail;D=NOAA-NMFS-2013- 2011 Caribbean ACL Amendment spawning, breeding, feeding or for 0021, click the ‘‘Comment Now!’’ icon, included Amendment 3 to the Coral growth to maturity. Additionally, complete the required fields, and enter FMP. However, ACLs and AMs for seagrasses have been identified as or attach your comments. seagrasses, which are included in the habitat areas of particular concern • Mail: Submit written comments to Coral FMP, were not established at that (HAPC) within special areas in state Maria del Mar Lopez, Southeast time. In Amendment 4 to the Coral waters. Regional Office, NMFS, 263 13th FMP, the Council considered whether to The Magnuson-Stevens Act’s National Avenue South, St. Petersburg, FL 33701. set an ACL for seagrasses, designate Standard 7 guidelines require Councils Instructions: Comments sent by any seagrasses as ecosystem component to prepare FMPs only for overfished other method, to any other address or species, or remove seagrasses from the fisheries and other fisheries where individual, or received after the end of Coral FMP. Because there is no direct or regulation would serve some useful the comment period, may not be indirect harvest of any of the seagrass purpose, and where the present or

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future benefit of regulation would be consistent with the Council’s intent proposed rule, this proposed rule would justify the costs. Because there is no for the specification of these Caribbean make two changes to the regulatory text known harvest of seagrass species, these island management areas. in 50 CFR part 622. These proposed species occur predominantly in state changes are described in the preamble. Classification waters, and seagrasses are designated as These changes clarify language EFH and HAPC in all of the Council Pursuant to section 304(b)(1)(A) of the associated with prior regulatory action. FMPs, the Council determined that Magnuson-Stevens Act, the AA has As a result, none of these proposed Federal management of seagrasses is determined that this proposed rule is changes in the regulatory text would be unnecessary. consistent with the amendment, the expected to result in any reduction in Magnuson-Stevens Act and other profits to any small entities. Other Changes Contained in This applicable law, subject to further Proposed Rule Based on the discussion above, NMFS consideration after public comment. determines that this rule, if This rule would also remove an This proposed rule has been implemented, would not be expected to outdated reference that aquarium trade determined to be not significant for have any direct adverse economic species are for data collection purposes purposes of Executive Order 12866. impact on any small entities. As a only, and correct boundary line The Chief Counsel for Regulation of result, an initial regulatory flexibility descriptions for the Caribbean island the Department of Commerce certified analysis is not required and none has management areas implemented in the to the Chief Counsel for Advocacy of the been prepared. 2010 Caribbean ACL Amendment. Small Business Administration that this In 50 CFR part 622, Appendix A, proposed rule, if implemented, would List of Subjects in 50 CFR Part 622 NMFS proposes to remove the text not have a significant economic impact Fisheries, Fishing, Puerto Rico, regarding aquarium trade species as on a substantial number of small Reporting and recordkeeping being in the ‘‘data collection’’ category entities. The factual basis for this requirements, Virgin Islands. in the Coral FMP and the Reef Fish FMP determination is as follows: (Table 1 and Table 2). The 2011 The purpose of this proposed rule is Dated: February 27, 2013. Caribbean ACL Amendment removed to address management of seagrasses in Alan D. Risenhoover, aquarium trade species from the data the EEZ. This proposed rule would Director, Office of Sustainable Fisheries, collection category and set management remove seagrasses from the Coral FMP performing the functions and duties of the reference points and an ACL. because there is no direct or indirect Deputy Assistant Administrator for This rule also proposes to correct two Regulatory Programs, National Marine harvest of these species in the EEZ and Fisheries Service. waypoint descriptions and three no harvest is expected in the future. The boundary line descriptions in Appendix Magnuson-Stevens Act provides the For the reasons set out in the E to part 622 that were implemented in statutory basis for the proposed action. preamble, 50 CFR part 622 is proposed the final rule for Amendment 2 to the No duplicative, overlapping, or to be amended as follows: Queen Conch FMP and Amendment 5 to conflicting Federal rules have been PART 622—FISHERIES OF THE the Reef Fish FMP (2010 Caribbean ACL identified. Amendment)(76 FR 82404, December No small entities have been identified CARIBBEAN, GULF, AND SOUTH 30, 2011). NMFS has determined that that would be expected to be affected by ATLANTIC the description of waypoints B and C in this proposed action. As previously ■ 1. The authority citation for part 622 the Puerto Rico Management Area (in stated, this proposed rule would remove continues to read as follows: Table 1) and waypoints B and C in the all seagrass species from the Coral FMP. St. Thomas/St. John Management Area No harvest of these species by any Authority: 16 U.S.C. 1801 et seq. (in Table 3), as well as the boundary entities has been documented. As a ■ 2. In Appendix A to part 622, Tables line that connects these two waypoints, result, this proposed rule would not be 1 and 2 are revised to read as follows: were incorrectly described in that final expected to directly apply to any small rule. NMFS proposes to remove the Appendix A to Part 622—Species entities. Tables description for points B and C in This proposed rule would not Appendix E, and maintain just the establish any new reporting, record- Table 1 of Appendix A to Part 622— waypoints because the waypoints keeping, or other compliance Caribbean Coral Reef Resources themselves are sufficient description of requirements. I. Coelenterates—Phylum Coelenterata the boundary in those instances. NMFS The proposed removal of all seagrass A. Hydrocorals—Class Hydrozoa also proposes to revise the description species from the FMP would eliminate 1. Hydroids—Order Athecatae of the boundary line that connects Federal management of these species. Family Milleporidae waypoints B and C in Appendix E to be Other than the HAPC and EFH Millepora spp., Fire corals ‘‘the 3-nautical mile Territorial designations discussed in the preamble, Family Stylasteridae Stylaster roseus, Rose lace corals boundary of the St. Thomas/St. John no regulations have been implemented B. Anthozoans—Class Anthozoa island group’’ instead of ‘‘the EEZ/ to protect seagrasses or otherwise 1. Soft corals—Order Alcyonacea Territorial boundary,’’ to be consistent manage seagrass harvest or the resource Family Anthothelidae with the Council’s intent for the since the development of the Coral Erythropodium caribaeorum, Encrusting specification of these Caribbean island FMP. However, no harvest of seagrasses gorgonian management areas. Additionally, NMFS from either the Caribbean EEZ or state Iciligorgia schrammi, Deepwater sea fan has determined that two boundary lines, waters has been documented. As a Family Briaridae one in the St. Croix Management Area result, no entities, either large or small, Briareum asbestinum, Corky sea finger (in Table 2) and one in the St. Thomas/ are expected to incur any direct change Family Clavulariidae Carijoa riisei St. John Management Area (in Table 3), in revenue or profit if this rule is Telesto spp. were incorrectly described as the ‘‘EEZ/ implemented. 2. Gorgonian corals—Order Gorgonacea Territorial boundary’’ and are proposed In addition to the one action Family Ellisellidae to be revised to ‘‘International/EEZ considered in Amendment 4 to the Ellisella spp., Sea whips Family boundary.’’ These revisions would also Coral FMP and included in this Gorgoniidae

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Gorgonia flabellum, Venus sea fan Mycetophyllia aliciae, Thin fungus coral Lima spp., Fileclams G. mariae, Wide-mesh sea fan M. danae, Fat fungus coral L. scabra, Rough fileclam G. ventalina, Common sea fan M. ferox, Grooved fungus Family Spondylidae Pseudopterogorgia acerosa, Sea plume M. lamarckiana, Fungus coral Spondylus americanus, Atlantic thorny P. albatrossae Scolymia cubensis, Artichoke coral oyster P. americana, Slimy sea plume S. lacera, Solitary disk C. Cephalopods—Class Cephalopoda P. bipinnata, Bipinnate plume Family Oculinidae 1. Octopuses—Order Octopoda P. rigida Oculina diffusa, Ivory bush coral Family Octopodidae Pterogorgia anceps, Angular sea whip Family Pocilloporidae Octopus spp. (except the Common octopus, P. citrina, Yellow sea whip Madracis decactis, Ten-ray star coral O. vulgaris) Family Plexauridae M. mirabilis, Yellow pencil V. Arthropods—Phylum Arthropoda Eunicea calyculata, Warty sea rod Family Poritidae A. Crustaceans—Subphylum Crustacea E. clavigera Porites astreoides, Mustard hill coral 1. Decapods—Order Decapoda E. fusca, Doughnut sea rod P. branneri, Blue crust coral Family Alpheidae E. knighti P. divaricata, Small finger coral Alpheaus armatus, Snapping shrimp E. laciniata P. porites, Finger coral Family Diogenidae E. laxispica Family Rhizangiidae Paguristes spp., Hermit crabs E. mammosa, Swollen-knob Astrangia solitaria, Dwarf cup coral P. cadenati, Red reef hermit E. succinea, Shelf-knob sea rod Phyllangia americana, Hidden cup coral Family Grapsidae E. touneforti Family Siderastreidae Percnon gibbesi, Nimble spray crab Muricea atlantica Siderastrea radians, Lesser starlet Family Hippolytidae M. elongata, Orange spiny rod S. siderea, Massive starlet Lysmata spp., Peppermint shrimp M. laxa, Delicate spiny rod 4. Black Corals—Order Antipatharia Thor amboinensis, Anemone shrimp M. muricata, Spiny sea fan Antipathes spp., Bushy black coral Family Majidae, Coral crabs M. pinnata, Long spine sea fan Stichopathes spp., Wire coral Mithrax spp., Clinging crabs Muriceopsis spp. II. [Reserved] M. cinctimanus, Banded clinging M. flavida, Rough sea plume Aquarium Trade Species in the Caribbean M. sculptus, Green clinging M. sulphurea Coral FMP Stenorhynchus seticornis, Yellowline Plexaura flexuosa, Bent sea rod I. Sponges—Phylum Porifera arrow P. homomalla, Black sea rod A. Demosponges—Class Demospongiae Family Palaemonida Plexaurella dichotoma, Slit-pore sea rod Aphimedon compressa, Erect rope sponge Periclimenes spp., Cleaner shrimp P. fusifera Chondrilla nucula, Chicken liver sponge Family Squillidae, Mantis crabs P. grandiflora Cynachirella alloclada Gonodactylus spp. P. grisea Geodia neptuni, Potato sponge Lysiosquilla spp. P. nutans, Giant slit-pore Haliclona spp., Finger sponge Family Stenopodidae, Coral shrimp Pseudoplexaura crucis Myriastra spp. Stenopus hispidus, Banded shrimp P. flagellosa Niphates digitalis, Pink vase sponge S. scutellatus, Golden shrimp P. porosa, Porous sea rod N. erecta, Lavender rope sponge VI. Echinoderms—Phylum Echinodermata P. wagenaari Spinosella policifera A. Feather stars—Class Crinoidea 3. Hard Corals—Order Scleractinia S. vaginalis Analcidometra armata, Swimming crinoid Family Acroporidae Tethya crypta Davidaster spp., Crinoids Acropora cervicornis, Staghorn coral II. Coelenterates—Phylum Coelenterata Nemaster spp., Crinoids A. palmata, Elkhorn coral A. Anthozoans—Class Anthozoa B. Sea stars—Class Asteroidea A. prolifera, Fused staghorn 1. Anemones—Order Actiniaria Astropecten spp., Sand stars Family Agaricidae Aiptasia tagetes, Pale anemone Linckia guildingii, Common comet star Agaricia agaricities, Lettuce leaf coral Bartholomea annulata, Corkscrew Ophidiaster guildingii, Comet star A. fragilis, Fragile saucer anemone Oreaster reticulatus, Cushion sea star A. lamarcki, Lamarck’s sheet Condylactis gigantea, Giant pink-tipped C. Brittle and basket stars—Class A. tenuifolia, Thin leaf lettuce anemone Ophiuroidea Leptoseris cucullata, Sunray lettuce Hereractis lucida, Knobby anemone Astrophyton muricatum, Giant basket star Family Astrocoeniidae Lebrunia spp., Staghorn anemone Ophiocoma spp., Brittlestars Stephanocoenia michelinii, Blushing star Stichodactyla helianthus, Sun anemone Ophioderma spp., Brittlestars Family Caryophyllidae 2. Colonial Anemones—Order Zoanthidea O. rubicundum, Ruby brittlestar Eusmilia fastigiata, Flower coral Zoanthus spp., Sea mat D. Sea Urchins—Class Echinoidea Tubastrea aurea, Cup coral 3. False Corals—Order Corallimorpharia Diadema antillarum, Long-spined urchin Family Faviidae Discosoma spp. (formerly Rhodactis), False Echinometra spp., Purple urchin Cladocora arbuscula, Tube coral coral Eucidaris tribuloides, Pencil urchin Colpophyllia natans, Boulder coral Ricordia florida, Florida false coral Lytechinus spp., Pin cushion urchin Diploria clivosa, Knobby brain coral III. Annelid Worms—Phylum Annelida Tripneustes ventricosus, Sea egg D. labyrinthiformis, Grooved brain A. Polychaetes—Class Polychaeta E. Sea Cucumbers—Class Holothuroidea D. strigosa, Symmetrical brain Family Sabellidae, Feather duster worms Holothuria spp., Sea cucumbers Favia fragum, Golfball coral Sabellastarte spp., Tube worms VII. Chordates—Phylum Chordata Manicina areolata, Rose coral S. magnifica, Magnificent duster A. Tunicates—Subphylum Urochordata M. mayori, Tortugas rose coral Family Serpulidae Montastrea annularis, Boulder star coral Spirobranchus giganteus, Christmas tree Table 2 of Appendix A to Part 622— M. cavernosa, Great star coral worm Caribbean Reef Fish Solenastrea bournoni, Smooth star coral IV. Mollusks—Phylum Mollusca Lutjanidae—Snappers Family Meandrinidae A. Gastropods—Class Gastropoda Unit 1 Dendrogyra cylindrus, Pillar coral Family Elysiidae Black snapper, Apsilus dentatus Dichocoenia stellaris, Pancake star Tridachia crispata, Lettuce sea slug Blackfin snapper, Lutjanus buccanella D. stokesi, Elliptical star Family Olividae Silk snapper, Lutjanus vivanus Meandrina meandrites, Maze coral Oliva reticularis, Netted olive Vermilion snapper, Rhomboplites Family Mussidae Family Ovulidae aurorubens Isophyllastrea rigida, Rough star coral Cyphoma gibbosum, Flamingo tongue Wenchman, Pristipomoides aquilonaris Isophyllia sinuosa, Sinuous cactus B. Bivalves—Class Bivalvia Unit 2 Mussa angulosa, Large flower coral Family Limidae Cardinal, Pristipomoides macrophthalmus

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Queen snapper, Etelis oculatus Scaridae—Parrotfishes Yellowcheek wrasse, Halichoeres Unit 3 Blue parrotfish, Scarus coeruleus cyanocephalus Gray snapper, Lutjanus griseus Midnight parrotfish, Scarus coelestinus Yellowhead wrasse, Halichoeres garnoti Lane snapper, Lutjanus synagris Princess parrotfish, Scarus taeniopterus Clown wrasse, Halichoeres maculipinna Mutton snapper, Lutjanus analis Queen parrotfish, Scarus vetula Pearly razorfish, Hemipteronotus novacula Dog snapper, Lutjanus jocu Rainbow parrotfish, Scarus guacamaia Green razorfish, Hemipteronotus splendens Schoolmaster, Lutjanus apodus Redfin parrotfish, Sparisoma rubripinne Bluehead wrasse, Thalassoma bifasciatum Mahogany snapper, Lutjanus mahogani Redtail parrotfish, Sparisoma Chain moray, Echidna catenata Unit 4 chrysopterum Green moray, Gymnothorax funebris Yellowtail snapper, Ocyurus chrysurus Stoplight parrotfish, Sparisoma viride Goldentail moray, Gymnothorax miliaris Serranidae—Sea basses and Groupers Redband parrotfish, Sparisoma Batfish, Ogcocepahalus spp. Unit 1 aurofrenatum Goldspotted eel, Myrichthys ocellatus Nassau Grouper, Epinephelus striatus Striped parrotfish, Scarus croicensis Yellowhead jawfish, Opistognathus Unit 2 Acanthuridae—Surgeonfishes aurifrons Goliath grouper, Epinephelus itajara Blue tang, Acanthurus coeruleus Dusky jawfish, Opistognathus whitehursti Unit 3 Ocean surgeonfish, Acanthurus bahianus Cherubfish, Centropyge argi Coney, Epinephelus fulvus Doctorfish, Acanthurus chirurgus Rock beauty, Holacanthus tricolor Graysby, Epinephelus cruentatus Balistidae—Triggerfishes Sergeant major, Abudefduf saxatilis Red hind, Epinephelus guttatus Ocean triggerfish, Canthidermis sufflamen Blue chromis, Chromis cyanea Rock hind, Epinephelus adscensionis Queen triggerfish, Balistes vetula Sunshinefish, Chromis insolata Unit 4 Sargassum triggerfish, Xanthichthys rigens Yellowtail damselfish, Microspathodon Black grouper, Mycteroperca bonaci Monacanthidae—Filefishes chrysurus Red grouper, Epinephelus morio Scrawled filefish, Aluterus scriptus Dusky damselfish, Pomacentrus fuscus Tiger grouper, Mycteroperca tigris Whitespotted filefish, Cantherhines Beaugregory, Pomacentrus leucostictus Yellowfin grouper, Mycteroperca venenosa macrocerus Bicolor damselfish, Pomacentrus partitus Unit 5 Black durgon, Melichthys niger Threespot damselfish, Pomacentrus Misty grouper, Epinephelus mystacinus Ostraciidae—Boxfishes planifrons Yellowedge grouper, Epinephelus Honeycomb cowfish, Lactophrys polygonia Glasseye snapper, Priacanthus cruentatus flavolimbatus Scrawled cowfish, Lactophrys quadricornis High-hat, Equetus acuminatus Haemulidae—Grunts Trunkfish, Lactophrys trigonus Jackknife-fish, Equetus lanceolatus White grunt, Haemulon plumieri Spotted trunkfish, Lactophrys bicaudalis Spotted drum, Equetus punctatus Margate, Haemulon album Smooth trunkfish, Lactophrys triqueter Scorpaenidae—Scorpionfishes Tomtate, Haemulon aurolineatum Labridae—Wrasses Butter hamlet, Hypoplectrus unicolor Bluestriped grunt, Haemulon sciurus Hogfish, Lachnolaimus maximus Swissguard basslet, Liopropoma rubre French grunt, Haemulon flavolineatum Puddingwife, Halichoeres radiatus Greater soapfish, Rypticus saponaceus Porkfish, Anisotremus virginicus Spanish hogfish, Bodianus rufus Orangeback bass, Serranus annularis Mullidae—Goatfishes Pomacanthidae—Angelfishes Lantern bass, Serranus baldwini Spotted goatfish, Pseudupeneus maculatus Queen angelfish, Holacanthus ciliaris Tobaccofish, Serranus tabacarius Yellow goatfish, Mulloidichthys martinicus Gray angelfish, Pomacanthus arcuatus Harlequin bass, Serranus tigrinus Sparidae—Porgies French angelfish, Pomacanthus paru Chalk bass, Serranus tortugarum Jolthead porgy, Calamus bajonado Aquarium Trade Species in the Caribbean Caribbean tonguefish, Symphurus arawak Sea bream, Archosargus rhomboidalis Reef Fish FMP: Seahorses, Hippocampus spp. Sheepshead porgy, Calamus penna Frogfish, Antennarius spp. Pipefishes, Syngnathus spp. Pluma, Calamus pennatula Flamefish, Apogon maculatus Sand diver, Synodus intermedius Holocentridae—Squirrelfishes Conchfish, Astrapogen stellatus Sharpnose puffer, Canthigaster rostrata Blackbar soldierfish, Myripristis jacobus Redlip blenny, Ophioblennius atlanticus Porcupinefish, Diodon hystrix Bigeye, Priacanthus arenatus Peacock flounder, Bothus lunatus Longspine squirrelfish, Holocentrus rufus Longsnout butterflyfish, Chaetodon ■ 3. In Appendix E to part 622, Tables Squirrelfish, Holocentrus adscensionis aculeatus 1, 2 and 3 are revised to read as follows: Malacanthidae—Tilefishes Foureye butterflyfish, Chaetodon Blackline tilefish, Caulolatilus cyanops capistratus Appendix E to Part 622—Caribbean Sand tilefish, Malacanthus plumieri Spotfin butterflyfish, Chaetodon ocellatus Island/Island Group Management Carangidae—Jacks Banded butterflyfish, Chaetodon striatus Areas Blue runner, Caranx crysos Redspotted hawkfish, Amblycirrhitus pinos Horse-eye jack, Caranx latus Flying gurnard, Dactylopterus volitans Table 1 of Appendix E to Part 622— Black jack, Caranx lugubris Atlantic spadefish, Chaetodipterus faber Coordinates of the Puerto Rico Almaco jack, Seriola rivoliana Neon goby, Gobiosoma oceanops Management Area Bar jack, Caranx ruber Rusty goby, Priolepis hipoliti The Puerto Rico management area is Greater amberjack, Seriola dumerili Royal gramma, Gramma loreto bounded by rhumb lines connecting, in Yellow jack, Caranx bartholomaei Creole wrasse, Clepticus parrae order, the following points.

Point North lat. West long.

A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″ B ...... 18°25′46.3015″ 65°06′31.866″ From Point B, proceed southerly along the 3-nautical mile Territorial boundary of the St. Thomas/St. John island group to Point C C ...... 18°13′59.0606″ 65°05′33.058″ D ...... 18°01′16.9636″ 64°57′38.817″ E ...... 17°30′00.000″ 65°20′00.1716″ F ...... 16°02′53.5812″ 65°20′00.1716″ From Point F, proceed southwesterly, then northerly, then easterly, and finally southerly along the Inter- national/EEZ boundary to Point A A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″

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Table 2 of Appendix E to Part 622— Coordinates of the St. Croix Management Area The St. Croix management area is bounded by rhumb lines connecting, in order, the following points.

Point North lat. West long.

G ...... 18°03′03″ 64°38′03″ From Point G, proceed easterly, then southerly, then southwesterly along the International/EEZ boundary to Point F F ...... 16°02′53.5812″ 65°20′00.1716″ E ...... 17°30′00.000″ 65°20′00.1716″ D ...... 18°01′16.9636″ 64°57′38.817″ G ...... 18°03′03″ 64°38′03″

Table 3 of Appendix E to Part 622— Coordinates of the St. Thomas/St. John Management Area The St. Thomas/St. John management area is bounded by rhumb lines connecting, in order, the following points.

Point North lat. West long.

A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″ From Point A, proceed southeasterly along the International/EEZ boundary to Point G G ...... 18°03′03″ 64°38′03″ D ...... 18°01′16.9636″ 64°57′38.817″ C ...... 18°13′59.0606″ 65°05′33.058″ From Point C, proceed northerly along the 3-nautical mile Territorial boundary of the St. Thomas/St. John island group to Point B B ...... 18°25′46.3015″ 65°06′31.866″ A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″

[FR Doc. 2013–05067 Filed 3–5–13; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 78, No. 44

Wednesday, March 6, 2013

This section of the FEDERAL REGISTER plants, fruits, vegetables, and other (Gossypium spp.) is effective, based on contains documents other than rules or articles must be treated before they may evidence presented in a treatment proposed rules that are applicable to the be moved into the United States or evaluation document (TED) we made public. Notices of hearings and investigations, interstate. The phytosanitary treatments available with the notice. We also committee meetings, agency decisions and regulations contained in part 305 of 7 determined that ongoing trade in rulings, delegations of authority, filing of petitions and applications and agency CFR chapter III (referred to below as the cottonseed would be adversely statements of organization and functions are regulations) set out standards for impacted unless the new treatment examples of documents appearing in this treatments required in parts 301, 318, schedule is approved for use. The section. and 319 of 7 CFR chapter III for fruits, treatment was added to the PPQ vegetables, and other articles. Treatment Manual, but was subject to In § 305.2, paragraph (b) states that change based on public comment. DEPARTMENT OF AGRICULTURE approved treatment schedules are set We solicited comments on the notice out in the Plant Protection and for 60 days ending July 30, 2012. We Animal and Plant Health Inspection Quarantine (PPQ) Treatment Manual.1 received four comments by that date. Service Section 305.3 sets out a process for Three commenters supported the [Docket No. APHIS–2012–0040] adding, revising, or removing treatment addition of this treatment to the PPQ schedules in the PPQ Treatment Treatment Manual. The other Notice of Affirmation of Addition of a Manual. In that section, paragraph (b) commenter objected to the use of methyl Treatment Schedule for Methyl sets out the process for adding, revising, bromide fumigation in general but did Bromide Fumigation of Cottonseed or removing treatment schedules when not present any evidence indicating that there is an immediate need to make a the treatment schedule described in the AGENCY: Animal and Plant Health change. The circumstances in which an TED was not effective at neutralizing Inspection Service, USDA. immediate need exists are described in FOV on cottonseed. ACTION: Notice. § 305.3(b)(1). They are: Therefore, in accordance with the • PPQ has determined that an regulations in § 305.3(b)(3), we are SUMMARY: We are affirming our earlier approved treatment schedule is affirming our addition of a methyl determination that it was necessary to ineffective at neutralizing the targeted bromide treatment schedule to immediately add to the Plant Protection plant pest(s). neutralize the FOV, as described in the and Quarantine Treatment Manual a • PPQ has determined that, in order TED made available with the previous treatment schedule for methyl bromide to neutralize the targeted plant pest(s), notice. The treatment schedule is fumigation of cottonseed for the fungal the treatment schedule must be numbered T301–e. The treatment plant pathogen Fusarium oxysporum f. administered using a different process schedule will be listed in the PPQ sp. vasinfectum (FOV). In a previous than was previously used. Treatment Manual, which is available at notice, we made available to the public • PPQ has determined that a new the Web address and mailing address in for review and comment a treatment treatment schedule is effective, based on footnote 1 of this document. evaluation document that described the efficacy data, and that ongoing trade in new treatment schedule and explained Authority: 7 U.S.C. 7701–7772 and 7781– a commodity or commodities may be why we have determined that it is 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, adversely impacted unless the new 2.80, and 371.3. effective at neutralizing FOV, certain treatment schedule is approved for use. strains of which are quarantine pests. • Done in Washington, DC, this 28th day of The use of a treatment schedule is February 2013. DATES: Effective Date: Effective on no longer authorized by the U.S. Kevin Shea, March 6, 2013, we are affirming the Environmental Protection Agency or by addition to the Plant Protection and Acting Administrator, Animal and Plant any other Federal entity. Health Inspection Service. Quarantine Treatment Manual of the In accordance with § 305.3(b), we [FR Doc. 2013–05142 Filed 3–5–13; 8:45 am] treatment described in the notice published a notice 2 in the Federal published at 77 FR 31564–31566 on Register on May 29, 2012 (77 FR 31564– BILLING CODE 3410–34–P May 29, 2012. 31566, Docket No. APHIS–2012–0040), FOR FURTHER INFORMATION CONTACT: Mr. announcing our determination that a DEPARTMENT OF AGRICULTURE Marc Phillips, Import Specialist, new methyl bromide fumigation Regulatory Coordination and treatment schedule to neutralize the Animal and Plant Health Inspection Compliance, PPQ, APHIS, 4700 River fungal pathogen Fusarium oxysporum f. Service Road Unit 156, Riverdale, MD 20737; sp. vasinfectum (FOV) on cottonseed (301) 851–2114. [Docket No. APHIS–2012–0061] SUPPLEMENTARY INFORMATION: 1 The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/ Availability of an Environmental Background import_export/plants/manuals/index.shtml or by Assessment and Finding of No contacting the Animal and Plant Health Inspection Significant Impact for the Field Release The regulations in 7 CFR chapter III Service, Plant Protection and Quarantine, Manuals of Aphelinus glycinis for the Biological are intended, among other things, to Unit, 92 Thomas Johnson Drive, Suite 200, Control of the Soybean Aphid in the prevent the introduction or Frederick, MD 21702. 2 To view the notice, the treatment evaluation Continental United States dissemination of plant pests and document, and the comments we received, go to noxious weeds into or within the United http://www.regulations.gov/ AGENCY: Animal and Plant Health States. Under the regulations, certain #!docketDetail;D=APHIS-2012-0040. Inspection Service, USDA.

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ACTION: Notice. In this document, we are advising the release of Scymnus coniferarum to public of our finding of no significant control hemlock woolly adelgid. Based SUMMARY: We are advising the public impact (FONSI) regarding the release of on its finding of no significant impact, that the Animal and Plant Health Aphelinus glycinis into the continental the Animal and Plant Health Inspection Inspection Service has prepared an United States for use as a biological Service has determined that an environmental assessment and finding control agent to reduce the severity of environmental impact statement need of no significant impact relative to the soybean aphid infestations. The finding, not be prepared. release of Aphelinus glycinis for the which is based on the EA, reflects our FOR FURTHER INFORMATION CONTACT: Dr. biological control of soybean aphid, determination that release of this Shirley A. Wager-Page, Chief, Pest Aphis glycines, in the continental biological control agent will not have a Permitting Branch, Registration, United States. Based on its finding of no significant impact on the quality of the Identification, Permitting, and Plant significant impact, the Animal and Plant human environment. Safeguarding, PPQ, APHIS, 4700 River Health Inspection Service has The EA and FONSI may be viewed on Road Unit 133, Riverdale, MD 20737– determined that an environmental the Regulations.gov Web site (see 1236; (301) 851–2323. impact statement need not be prepared. footnote 1). Copies of the EA and FONSI SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Dr. are also available for public inspection Shirley A. Wager-Page, Chief, Pest at USDA, room 1141, South Building, Background Permitting Branch, Registration, 14th Street and Independence Avenue The Animal and Plant Health Identification, Permitting, and Plant SW., Washington, DC, between 8 a.m. Inspection Service (APHIS) is proposing Safeguarding, PPQ, APHIS, 4700 River and 4:30 p.m., Monday through Friday, to issue permits for the release of Road Unit 134, Riverdale, MD 20737– except holidays. Persons wishing to Scymnus coniferarum, a native 1236; (301) 851–2323. inspect copies are requested to call predaceous beetle from the western SUPPLEMENTARY INFORMATION: ahead on (202) 799–7039 to facilitate United States, into the eastern United entry into the reading room. In addition, States for use as a biological control Background copies may be obtained by calling or agent to reduce the severity of hemlock The soybean aphid, Aphis glycinis, writing to the individual listed under woolly adelgid (Adelges tsugae) which is native to Asia, was found in FOR FURTHER INFORMATION CONTACT. infestations on hemlock. North America in 2000 and has since The EA and FONSI have been Hemlock woolly adelgid was become a major pest in America. It prepared in accordance with: (1) The accidentally introduced to the eastern infested 42 million acres alone in 2003, National Environmental Policy Act of United States from Asia. Although resulting in decreased soybean yields 1969 (NEPA), as amended (42 U.S.C. native to the western United States, in and greatly increased control costs. The 4321 et seq.); (2) regulations of the the eastern United States, hemlock soybean aphid has invaded most Council on Environmental Quality for woolly adelgid is a destructive pest of soybean production regions in North implementing the procedural provisions the eastern hemlock (Tsuga canadensis), America, including numerous U.S. of NEPA (40 CFR parts 1500–1508); (3) where it causes needle loss, abortion of States and three Canadian Provinces. USDA regulations implementing NEPA buds, and the eventual death of infested The Animal and Plant Health (7 CFR part 1); and (4) APHIS’ NEPA trees. Inspection Service (APHIS) is proposing Implementing Procedures (7 CFR part On August 3, 2012, we published in to issue permits for the field release of 372). the Federal Register (77 FR 46373– the insect Aphelinus glycinis to reduce Done in Washington, DC, this 28th day of 46374, Docket No. APHIS–2012–0060) a the severity of soybean damage from February 2013. notice 1 in which we announced the infestations of soybean aphid in the Kevin Shea, availability, for public review and United States. Permitting the release of Acting Administrator, Animal and Plant comment, of an environmental this parasite species is necessary to Health Inspection Service. assessment (EA) that examined the determine its impact on soybean aphid [FR Doc. 2013–05140 Filed 3–5–13; 8:45 am] potential environmental impacts populations and its ability to survive in BILLING CODE 3410–34–P associated with the proposed release of the target area. this biological control agent into the On August 3, 2012, we published in eastern United States. the Federal Register (77 FR 46373, DEPARTMENT OF AGRICULTURE We solicited comments on the EA for Docket No. APHIS–2012–0061) a 30 days ending September 4, 2012. We notice 1 in which we announced the Animal and Plant Health Inspection received 10 comments by that date. availability, for public review and Service Nine of the commenters were comment, of an environmental [Docket No. APHIS–2012–0060] supportive of the proposed action. The assessment (EA) that examined the remaining commenter opposed the potential environmental impacts Availability of an Environmental proposed action but did not offer a associated with the proposed release of Assessment and Finding of No rationale or any information apart from this biological control agent into the Significant Impact for a Biological that opposition. continental United States. Control Agent for Hemlock Woolly In this document, we are advising the We solicited comments on the EA for Adelgid public of our finding of no significant 30 days ending September 4, 2012. We impact (FONSI) regarding the release of received one comment, from a private AGENCY: Animal and Plant Health S. coniferarum into the eastern United citizen. The commenter opposed the Inspection Service, USDA. States for use as a biological control proposed action but did not offer a ACTION: Notice. agent to reduce the severity of hemlock rationale or any information apart from woolly adelgid infestations. The finding, SUMMARY: that opposition. We are advising the public which is based on the EA, reflects our that the Animal and Plant Health 1 To view the notice, EA, and FONSI go to Inspection Service has prepared an 1 To view the notice, EA, and FONSI go to http://www.regulations.gov/ environmental assessment and finding http://www.regulations.gov/ #!docketDetail;D=APHIS-2012-0061. of no significant impact relative to the #!docketDetail;D=APHIS-2012–0060.

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determination that release of this Policy Specialist, Regulatory Washington, DC. Normal reading room biological control agent will not have a Coordination and Compliance, PPQ, hours are 8 a.m. to 4:30 p.m., Monday significant impact on the quality of the APHIS, 4700 River Road Unit 156, through Friday, except holidays. To be human environment. Riverdale, MD 20737; (301) 851–2289. sure someone is there to help you, The EA and FONSI may be viewed on SUPPLEMENTARY INFORMATION: please call (202) 799–7039 before the Regulations.gov Web site (see coming. In addition, copies may be footnote 1). Copies of the EA and FONSI Background obtained by calling or writing to the are also available for public inspection On October 17, 2000, under the individual listed under FOR FURTHER at USDA, room 1141, South Building, authority of the Plant Protection Act (7 INFORMATION CONTACT. 14th Street and Independence Avenue U.S.C. 7701 et seq.), the Animal and Authority: 7 U.S.C. 450, 7701–7772, and SW., Washington, DC, between 8 a.m. Plant Health Inspection Service (APHIS) 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR and 4:30 p.m., Monday through Friday, began using a specific set of guidelines 2.22, 2.80, and 371.3. except holidays. Persons wishing to to conduct pathway-initiated, inspect copies are requested to call qualitative pest risk assessments (PRAs) Done in Washington, DC, this 28th day of February 2013. ahead on (202) 799–7039 to facilitate for imports of fruits and vegetables. A entry into the reading room. In addition, PRA is defined by the International Kevin Shea, copies may be obtained by calling or Plant Protection Convention (IPPC), of Acting Administrator, Animal and Plant writing to the individual listed under which the United States is a member, as Health Inspection Service. FOR FURTHER INFORMATION CONTACT. an ‘‘evaluation of the probability of the [FR Doc. 2013–05138 Filed 3–5–13; 8:45 am] The EA and FONSI have been introduction and spread of a pest and BILLING CODE 3410–34–P prepared in accordance with: (1) The the magnitude of the associated National Environmental Policy Act of potential economic consequences.’’ 1969 (NEPA), as amended (42 U.S.C. Following the characterization of the DEPARTMENT OF AGRICULTURE 4321 et seq.); (2) regulations of the risk of the pest in the PRA, APHIS Animal and Plant Health Inspection Council on Environmental Quality for produces a risk management document Service implementing the procedural provisions to determine appropriate pest risk of NEPA (40 CFR parts 1500–1508); (3) mitigation methods. USDA regulations implementing NEPA APHIS has determined that it is [Docket No. APHIS–2012–0064] (7 CFR part 1b); and (4) APHIS’ NEPA necessary to update the previous Implementing Procedures (7 CFR part guidelines, which were developed over Notice of Availability of a Treatment 372). 10 years ago, in order to provide a more Evaluation Document and an Environmental Assessment for Done in Washington, DC, this 28th day of streamlined and efficient process for developing PRAs. Revising the PRA Pesticide Use in the Imported Fire Ant February 2013. Program Kevin Shea, guidelines allows APHIS to incorporate Acting Administrator, Animal and Plant advancements in PRA methods, provide AGENCY: Animal and Plant Health Health Inspection Service. a clearer, more transparent, and more Inspection Service, USDA. [FR Doc. 2013–05141 Filed 3–5–13; 8:45 am] logical order of progression of the assessment, and more closely align the ACTION: Notice of availability and BILLING CODE 3410–34–P assessments to the IPPC’s international request for comments. standards for phytosanitary measures. SUMMARY: We are advising the public The new guidelines provide a more DEPARTMENT OF AGRICULTURE that we have determined that it is technically correct method of assessing necessary to add and revise certain risk by recognizing that the likelihood of Animal and Plant Health Inspection treatment schedules for the Imported pest introduction is multiplicative Service Fire Ant Program in the Plant Protection rather than additive; i.e., if one and Quarantine Treatment Manual. [Docket No. APHIS–2012–0077] necessary step for the introduction of a Thus, we have prepared a treatment pest has a low likelihood of occurring, Notice of Availability of New evaluation document that discusses the there is an overall low likelihood of Guidelines for Pest Risk Assessments existing treatment schedules, describes introduction of the pest, regardless of of Imported Fruits and Vegetables the new treatment schedules, and the likelihood of other steps. The new explains why these changes are AGENCY: Animal and Plant Health guidelines also address uncertainty, a Inspection Service, USDA. principle not explicitly addressed in the necessary. In addition, an environmental assessment has been ACTION: Notice. previous guidelines. In addition, because the new guidelines are designed prepared by the Animal and Plant SUMMARY: We are advising the public to make the PRA drafting process more Health Inspection Service relative to that the Animal and Plant Health efficient, we expect the time required to pesticide use in the new and revised Inspection Service (APHIS) has produce the PRAs and respond to treatments in the imported fire ant prepared a document that describes the market access requests to decrease. program. The environmental assessment revised methodology that APHIS will The PRA guidelines document, documents our review and analysis of use to conduct plant health pest risk entitled ‘‘Guidelines for Plant Pest Risk environmental impacts associated with assessments for imported fruit and Assessment of Imported Fruit & proposed new pesticides and new uses vegetable commodities. These new Vegetable Commodities,’’ may be for previously approved pesticides. We guidelines are necessary to incorporate viewed on the Regulations.gov Web site are making this treatment evaluation advancements in pest risk assessment at http://www.regulations.gov/ document and environmental methods, provide clearer and more #!docketDetail;D=APHIS-2012-0077 or assessment available to the public for transparent analyses, and streamline the in our reading room. The reading room review and comment. market access analysis process. is located in room 1141 of the USDA DATES: We will consider all comments FOR FURTHER INFORMATION CONTACT: Ms. South Building, 14th Street and that we receive on or before May 6, Meredith Jones, Senior Regulatory Independence Avenue SW., 2013.

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ADDRESSES: You may submit comments Sections 301.81–4 and 301.81–5 of the comment. We will consider all by either of the following methods: regulations provide, among other things, comments that we receive on or before • Federal eRulemaking Portal: Go to that regulated articles requiring the date listed under the heading DATES http://www.regulations.gov/ treatment prior to interstate movement at the beginning of this notice. #!documentDetail;D=APHIS-2012-0064- must be treated in accordance with 7 The environmental assessment may 0001. CFR part 305, which contains our be viewed on the Regulations.gov Web • Postal Mail/Commercial Delivery: phytosanitary treatment regulations. site or in our reading room (see Send your comment to Docket No. In § 305.2, paragraph (b) states that ADDRESSES above for a link to APHIS–2012–0064, Regulatory Analysis approved treatment schedules are set Regulations.gov and information on the and Development, PPD, APHIS, Station out in the Plant Protection and location and hours of the reading room). 3A–03.8, 4700 River Road Unit 118, Quarantine (PPQ) Treatment Manual.1 You may request paper copies of the Riverdale, MD 20737–1238. Section 305.3 sets out a process for environmental assessment by calling or The treatment evaluation document, adding, revising, or removing treatment writing to the person listed under FOR environmental assessment, and any schedules in the PPQ Treatment FURTHER INFORMATION CONTACT. Please comments we receive may be viewed at Manual. In that section, paragraph (a) refer to the title of the environmental http://www.regulations.gov/ sets out the process for adding, revising, assessment when requesting copies. #!docketDetail;D=APHIS-2012-0064 or or removing treatment schedules when The environmental assessment has in our reading room, which is located in there is no immediate need to make a been prepared in accordance with: (1) room 1141 of the USDA South Building, change. The circumstances in which an The National Environmental Policy Act 14th Street and Independence Avenue immediate need exists are described in of 1969 (NEPA), as amended (42 U.S.C. SW., Washington, DC. Normal reading § 305.3(b)(1). 4321 et seq.), (2) regulations of the room hours are 8 a.m. to 4:30 p.m., In accordance with § 305.3(a)(1), we Council on Environmental Quality for are providing notice that we have Monday through Friday, except implementing the procedural provisions determined that it is necessary to revise holidays. To be sure someone is there to of NEPA (40 CFR parts 1500–1508), (3) the list of insecticides and use patterns, help you, please call (202) 799–7039 USDA regulations implementing NEPA already approved for use within the before coming. (7 CFR part 1b), and (4) APHIS’ NEPA existing program, for the imported fire FOR FURTHER INFORMATION CONTACT: Mr. Implementing Procedures (7 CFR part ant program in the PPQ Treatment Charles Brown, Director, Emergency 372). Manual. As pesticide registrations Management, Emergency and Domestic change under the Environmental Done in Washington, DC, this 28th day of Programs, PPQ, APHIS, 4700 River Road Protection Agency’s regulations, the February 2013. Unit 135, Riverdale, MD 20737–1236; chemicals available for use to control Kevin Shea, (301) 851–2119. imported fire ants also change. Acting Administrator, Animal and Plant SUPPLEMENTARY INFORMATION: Specifically, we are adding a new Health Inspection Service. Background immersion treatment using bifenthrin [FR Doc. 2013–05139 Filed 3–5–13; 8:45 am] for balled-and-burlapped nursery stock BILLING CODE 3410–34–P The imported fire ant, Solenopsis and a new broadcast treatment using invicta Buren and Solenopsis richteri bifenthrin for grass sod, and clarifying Forel, is an aggressive, stinging insect the application method for drench DEPARTMENT OF AGRICULTURE that, in large numbers, can seriously treatment of balled-and-burlapped injure or even kill livestock, pets, and nursery stock. Rural Utilities Service humans. The imported fire ant feeds on The reasons for these revisions are Information Collection Activity; crops and builds large, hard mounds described in a treatment evaluation Comment Request that damage farm and field machinery. document (TED) we have prepared to Imported fire ants are notorious support this action. The TED may be AGENCY: Rural Utilities Service, USDA. hitchhikers and are readily transported viewed on the Regulations.gov Web site long distances when articles such as soil ACTION: Notice and request for or in our reading room. You may also comments. and nursery stock are shipped outside request paper copies of the TED by the infested area. calling or writing to the person listed SUMMARY: In accordance with the The Animal and Plant Health under FOR FURTHER INFORMATION Paperwork Reduction Act of 1995 (44 Inspection Service (APHIS) works to CONTACT. U.S.C. Chapter 35, as amended), the prevent further imported fire ant spread APHIS’ review and analysis of the USDA Rural Utilities Service (RUS) by enforcing a Federal quarantine and potential environmental impacts invites comments on this information cooperating with imported fire ant- associated with the addition of collection for which RUS intends to infested States to mitigate the risks insecticides and use patterns to the list request approval from the Office of associated with the movement of of chemicals allowed in the imported Management and Budget (OMB). regulated articles such as nursery stock fire ant quarantine are documented in DATES: Comments on this notice must be and used soil-moving equipment. detail in an environmental assessment received by May 6, 2013. The regulations in ‘‘Subpart— entitled ‘‘Pesticide Use in the Imported Imported Fire Ant’’ (7 CFR 301.81 Fire Ant Program’’ (March 2012). We are FOR FURTHER INFORMATION CONTACT: through 301.81–11, referred to below as making this environmental assessment Michele L. Brooks, Director, Program the regulations) are intended to prevent available to the public for review and Development and Regulatory Analysis, the imported fire ant from spreading Rural Utilities Service, 1400 throughout its ecological range within 1 The Treatment Manual is available on the Independence Ave. SW., STOP 1522, the country. The regulations quarantine Internet at http://www.aphis.usda.gov/ Room 5162 South Building, infested States or infested areas within import_export/plants/manuals/index.shtml or by Washington, DC 20250–1522. contacting the Animal and Plant Health Inspection States and restricts interstate movement Service, Plant Protection and Quarantine, Manuals Telephone: (202) 690–1078. Fax: (202) of regulated articles to prevent the Unit, 92 Thomas Johnson Drive, Suite 200, 720–8435. Email: artificial spread of the imported fire ant. Frederick, MD 21702. [email protected].

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SUPPLEMENTARY INFORMATION: The Office Total Annual Responses: 284. DEPARTMENT OF COMMERCE of Management and Budget’s (OMB) Estimated Total Annual Burden on International Trade Administration regulation (5 CFR 1320) implementing Respondents: 3,204. provisions of the Paperwork Reduction [A–570–905] Act of 1995 (Pub. L. 104–13) requires Copies of this information collection can be obtained from MaryPat Daskal, that interested members of the public Certain Polyester Staple Fiber From Program Development and Regulatory and affected agencies have an the People’s Republic of China: Analysis, at (202) 720–7853, FAX: (202) opportunity to comment on information Preliminary Results and Rescission in 720–8435, Email: collection and recordkeeping activities Part of the 2011–2012 Antidumping [email protected]. (see 5 CFR 1320.8(d)). This notice Duty Administrative Review identifies an information collection that All responses to this notice will be RUS is submitting to OMB for summarized and included in the request AGENCY: Import Administration, extension. for OMB approval. All comments will International Trade Administration, Comments are invited on: (a) Whether also become a matter of public record. Department of Commerce. the proposed collection of information SUMMARY: The Department of Commerce Dated: February 28, 2013. is necessary for the proper performance (‘‘the Department’’) is conducting an of the functions of the Agency, John Charles Padalino, administrative review of the including whether the information will Acting Administrator, Rural Utilities Service. antidumping duty order on certain have practical utility; (b) the accuracy of [FR Doc. 2013–05143 Filed 3–5–13; 8:45 am] polyester staple fiber from the People’s the Agency’s estimate of the burden of BILLING CODE P Republic of China (‘‘PRC’’). The period the proposed collection of information of review (‘‘POR’’) is June 1, 2011, including the validity of the through May 31, 2012. The Department methodology and assumptions used; (c) has preliminarily determined that Far ways to enhance the quality, utility and DEPARTMENT OF COMMERCE Eastern Industries (Shanghai) Ltd. and clarity of the information to be Far Eastern Polychem Industries (‘‘Far collected; and (d) ways to minimize the Foreign-Trade Zones Board Eastern’’) and Huvis Sichuan Chemical burden of the collection of information Fiber Corp. and Huvis Sichuan on those who are to respond, including [S–2–2013] Polyester Fiber Ltd. (‘‘Huvis Sichuan’’) through the use of appropriate are part of the PRC-wide entity. automated, electronic, mechanical, or Foreign-Trade Zone 196—Fort Worth, FOR FURTHER INFORMATION CONTACT: other technological collection TX, Foreign-Trade Subzone 196A—TTI, Steven Hampton, AD/CVD Operations, techniques or other forms of information Inc., Approval of Additional Subzone Office 9, Import Administration, technology. Comments may be sent to: Site, Fort Worth, TX International Trade Administration, Michele L. Brooks, Director, Program Department of Commerce, 14th Street Development and Regulatory Analysis, On January 4, 2013, the Executive and Constitution Avenue NW., USDA, Rural Utilities Service, STOP Secretary of the Foreign-Trade Zones Washington, DC 20230; telephone: (202) 1522, 1400 Independence Ave. SW., (FTZ) Board docketed an application 482–0116. Washington, DC 20250–1522. FAX: submitted by Alliance Corridor, Inc., SUPPLEMENTARY INFORMATION: (202) 720–8435, Email: grantee of FTZ 196, requesting an [email protected]. additional site for Subzone 196A subject Scope of the Order Title: Preloan Procedures and to the existing activation limit of FTZ The merchandise subject to the order Requirements for Telecommunications 196, on behalf of TTI, Inc., in Fort is certain polyester staple fiber.1 The Program. Worth, Texas. product is currently classified under the OMB Control Number: 0572–0079. The application was processed in Harmonized Tariff Schedule of the Type of Request: Extension of a accordance with the FTZ Act and United States (‘‘HTSUS’’) numbers currently approved information Regulations, including notice in the 5503.20.0045 and 5503.20.0065. collection. Federal Register inviting public Although the HTSUS numbers are Abstract: The burden required by this comment (78 FR 2657, 1/14/2013). The provided for convenience and customs collection consists of information that FTZ staff examiner reviewed the purposes, the written description of the will allow the Agency to determine an application and determined that it scope of the order remains dispositive.2 applicant’s eligibility to borrow from the meets the criteria for approval. Agency under the terms of the Rural Methodology Pursuant to the authority delegated to Electrification Act (RE Act) of 1936 as The Department has conducted this the FTZ Board’s Executive Secretary (15 amended (U.S.C. 912). This information review in accordance with section CFR Sec. 400.36(f)), the application to is also used by the Agency to determine 751(a)(1)(A) of the Tariff Act of 1930, as establish an additional site of Subzone that the Government’s security for loans amended (‘‘the Act’’). For a full 196A is approved, subject to the FTZ made by the Agency is reasonably description of the methodology Act and the Board’s regulations, adequate and that the loans will be underlying our conclusions, please see including Section 400.13, subject to FTZ repaid within the time agreed. ‘‘Decision Memorandum for Preliminary 196’s 2,000-acre activation limit, and Estimate of Burden: Public reporting Results of 2011–2012 Antidumping burden for this collection of information further subject to the existing sunset is estimated to average 9.17 hours per provision applicable to Site 1 of the 1 See Decision Memorandum for Preliminary response. subzone. Results and Rescission in Part of 2011–2012 Respondents: Business or other for- Dated: February 28, 2013. Antidumping Duty Administrative Review: Certain profit; not-for-profit organizations. Polyester Staple Fiber from the People’s Republic Andrew McGilvray, Estimated Number of Respondents: of China issued concurrently with this notice for a Executive Secretary. complete description of the Scope of the Order. 50. 2 See Notice of Antidumping Duty Order: Certain Estimated Number of Responses per [FR Doc. 2013–05208 Filed 3–5–13; 8:45 am] Polyester Staple Fiber from the People’s Republic of Respondent: 8.08. BILLING CODE P China, 72 FR 30545 (June 1, 2007) (‘‘Order’’).

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Duty Administrative Review: Certain than five days after the date for filing appropriate entries covered by this Polyester Staple Fiber from the People’s case briefs.4 Parties who submit case review when the importer-specific Republic of China’’ (‘‘Preliminary briefs or rebuttal briefs in this assessment rate calculated in the final Decision Memorandum’’) from Christian proceeding are encouraged to submit results of this review is above de Marsh, Deputy Assistant Secretary for with each argument: (1) A statement of minimis (i.e., 0.50 percent). Where Antidumping and Countervailing Duty the issue; (2) a brief summary of the either the respondent’s weighted- Operations to Paul Piquado, Assistant argument; and (3) a table of authorities.5 average dumping margin is zero or de Secretary for Import Administration, Case and rebuttal briefs should be filed minimis, or an importer-specific dated concurrently with these using IA ACCESS.6 assessment rate is zero or de minimis, preliminary results and hereby adopted Pursuant to 19 CFR 351.310(c), we will instruct CBP to liquidate the by this notice. The Preliminary Decision interested parties who wish to request a appropriate entries without regard to Memorandum is a public document and hearing, or to participate if one is antidumping duties. requested, must submit a written is on file electronically via Import For the PRC-wide entity, we will request to the Assistant Secretary for Administration’s Antidumping and instruct CBP to assess antidumping Import Administration, filed Countervailing Duty Centralized duties at an ad valorem rate equal to the electronically via IA ACCESS. An Electronic Service System (‘‘IA weighted-average dumping margin electronically filed document must be ACCESS’’). IA ACCESS is available to published above. registered users at http:// received successfully in its entirety by iaaccess.trade.gov, and it is available to the Department’s electronic records Cash Deposit Requirements all parties in the Central Records Unit system, IA ACCESS, by 5 p.m. Eastern (‘‘CRU’’), room 7046 of the main Standard Time within 30 days after the The following cash deposit Department of Commerce building. In date of publication of this notice.7 requirements will be effective upon addition, a complete version of the Requests should contain: (1) The party’s publication of the final results of this Preliminary Decision Memorandum can name, address and telephone number; administrative review for shipments of be accessed directly on the internet at (2) the number of participants; and (3) the subject merchandise from the PRC http://www.trade.gov/ia/. The signed a list of issues to be discussed. Issues entered, or withdrawn from warehouse, Preliminary Decision Memorandum and raised in the hearing will be limited to for consumption on or after the the electronic versions of the those raised in the respective case publication date of the final results, as Preliminary Decision Memorandum are briefs. provided by sections 751(a)(2)(C) of the identical in content. The Department will issue the final Act: (1) For previously investigated or results of this administrative review, reviewed PRC and non-PRC exporters Rescission in Part including the results of its analysis of not listed above that received a separate Due to the timely withdrawal of the the issues raised in any written briefs, rate in a prior segment of this requests for review, the Department is not later than 120 days after the date of proceeding, the cash deposit rate will rescinding this administrative review publication of this notice, pursuant to continue to be the existing exporter- for Hangzhou Best Chemical Fibre Co., section 751(a)(3)(A) of the Act. specific rate published for the most Ltd., Hangzhou Sanxin Paper Co., Ltd., Assessment Rates recently completed period; (2) for all Hangzhou Huachuang Co., Ltd., Jiaxing PRC exporters of subject merchandise Upon issuance of the final results, the that have not been found to be entitled Fuda Chemical Fibre Factory, Nantong Department will determine, and U.S. Luolai Chemical Fiber Co., Ltd., to a separate rate, the cash deposit rate Customs and Border Protection (‘‘CBP’’) will be the rate for the PRC-wide entity, Nanyang Textile Co., Ltd., and Zhaoqing shall assess, antidumping duties on all Tifo New Fiber Co., Ltd. 44.30 percent; and (3) for all non-PRC appropriate entries covered by this exporters of subject merchandise which 8 Preliminary Results of Review review. The Department intends to have not received their own rate, the issue assessment instructions to CBP 15 The Department has preliminarily cash deposit rate will be the rate days after the publication date of the determined that Far Eastern and Huvis applicable to the PRC exporter that final results of this review. Sichuan are part of the PRC-wide entity, supplied that non-PRC exporter. These For any individually examined deposit requirements, when imposed, and that the following weighted-average respondents whose weighted-average shall remain in effect until further dumping margin exists. dumping margin is above de minimis, notice. we calculated importer-specific ad Weighted- average valorem duty assessment rates based on Notification to Importers Exporter dumping the ratio of the total amount of dumping margin calculated for the importer’s examined This notice also serves as a (percent) sales to the total entered value of those preliminary reminder to importers of same sales in accordance with 19 CFR their responsibility under 19 CFR PRC-wide Entity 3 ...... 44.30 351.212(b)(1).9 We will instruct CBP to 351.402(f)(2) to file a certificate assess antidumping duties on all regarding the reimbursement of antidumping duties prior to liquidation Disclosure and Public Comment 4 See 19 CFR 351.309(d). of the relevant entries during this 5 See 19 CFR 351.309(c)(2) and (d)(2). review period. Failure to comply with Pursuant to 19 CFR 351.309(c), 6 See 19 CFR 351.303. this requirement could result in the interested parties may submit cases 7 See 19 CFR 351.310(c). Department’s presumption that briefs no later than 30 days after the 8 See 19 CFR 351.212(b)(1). reimbursement of antidumping duties date of publication of this notice. 9 In these final results, the Department applied occurred and the subsequent assessment Rebuttal briefs, limited to issues raised the assessment rate calculation method adopted in of double antidumping duties. in the case briefs, may be filed not later Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and We are issuing and publishing these Assessment Rate in Certain Antidumping 3 The PRC-wide entity includes Far Eastern and Proceedings: Final Modification, 77 FR 8101 results in accordance with sections Huvis Sichuan. (February 14, 2012). 751(a)(1) and 777(i)(1) of the Act.

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Dated: February 27, 2013. merchandise may be under one or more to instruct U.S. Customs and Border Paul Piquado, of several different subheadings, Protection (CBP) to suspend any entries Assistant Secretary for Import including: 4802.30; 4802.54; 4802.61; of tissue paper products produced by Administration. 4802.62; 4802.69; 4804.31.1000; ARPP from PRC-origin tissue paper. 4804.31.2000; 4804.31.4020; [FR Doc. 2013–05205 Filed 3–5–13; 8:45 am] Suspension of Liquidation BILLING CODE 3510–DS–P 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 4805.91.5000; In accordance with 19 CFR 4805.91.7000; 4806.40; 4808.30; 351.225(l)(2), the Department will direct DEPARTMENT OF COMMERCE 4808.90; 4811.90; 4823.90; 4820.50.00; CBP to suspend liquidation and to 4802.90.00; 4805.91.90; 9505.90.40. The require a cash deposit of estimated International Trade Administration tariff classifications are provided for duties, at the rate applicable to the [A–570–894] convenience and customs purposes; exporter, on all unliquidated entries of however, the written description of the tissue paper produced by ARPP from Certain Tissue Paper Products From scope of this order is dispositive.3 PRC-origin tissue paper that were entered, or withdrawn from warehouse, the People’s Republic of China: Scope of the Anti-Circumvention for consumption on or after May 3, Affirmative Preliminary Determination Inquiry of Circumvention of the Antidumping 2012, the date of initiation of the anti- Duty Order The products covered by this inquiry circumvention inquiry. are tissue paper products, as described AGENCY: Import Administration, above in the ‘‘Scope of the Antidumping Notification to the International Trade International Trade Administration, Duty Order’’ section, which are Commission Department of Commerce. produced in India from PRC-origin The Department, consistent with jumbo rolls and/or cut sheets of tissue section 781(e) of the Act and 19 CFR Preliminary Determination paper, and exported from India to the 351.225(f)(7)(i)(B), has notified the We preliminarily determine that United States. This inquiry only covers International Trade Commission (ITC) of certain tissue paper products (tissue such PRC-origin products that are this preliminary determination to paper) processed by A.R. Printing and processed in India and exported to the include the merchandise subject to this Packaging India Pvt. Ltd. (ARPP) in United States by ARPP. inquiry within the PRC Tissue Paper India, and exported to the United States, Order. Pursuant to section 781(e) of the Methodology are circumventing the antidumping duty Act, the ITC may request consultations order on tissue paper from the People’s The Department has conducted this concerning the Department’s proposed Republic of China (PRC,1 as provided in preliminary determination of inclusion of the subject merchandise. If, section 781(b) of the Tariff Act of 1930, circumvention in accordance with after consultations, the ITC believes that as amended (the Act). section 781(b) of the Tariff Act of 1930, a significant injury issue is presented by DATES: Effective Date: March 6, 2013. as amended (‘‘the Act’’), and 19 CFR the proposed exclusion, it will have 15 FOR FURTHER INFORMATION CONTACT: 351.225(h). For a full description of the days to provide written advice to the Brian Smith or Gemal Brangman, AD/ methodology underlying our Department. conclusions, please see the Preliminary CVD Operations, Office 2, Import Public Comment Administration, International Trade Decision Memorandum. The Administration, U.S. Department of Preliminary Decision Memorandum can Case briefs from interested parties Commerce, 14th Street and Constitution be accessed directly on the internet at may be submitted no later than 30 days Avenue NW., Washington, DC 20230; http://www.trade.gov/ia/ and is on file from the date of publication of this telephone: (202) 482–1766 or (202) 482– electronically via Import notice. A list of authorities used and an 3773, respectively. Administration’s Antidumping and executive summary of issues should Countervailing Duty Centralized accompany any briefs submitted to the SUPPLEMENTARY INFORMATION: Electronic Service System (IA ACCESS). Department. See 19 CFR 351.309(c). Scope of the Antidumping Duty Order IA ACCESS is available to registered This summary should be limited to five The tissue paper products subject to users at http://iaaccess.trade.gov and in pages total, including footnotes. this order are cut-to-length sheets of the Central Records Unit, room 7046 of Rebuttal briefs limited to issues raised tissue paper having a basis weight not the main Department of Commerce in the case briefs may be filed no later exceeding 29 grams per square meter.2 building. The signed Preliminary than 35 days after the date of 4 The merchandise subject to this order Decision Memorandum and the publication of this notice. does not have specific classification electronic version of the Preliminary Interested parties, who wish to numbers assigned to them under the Decision Memorandum are identical in request a hearing, or to participate if one Harmonized Tariff Schedule of the content. is requested, must submit a written United States (HTS). Subject request to the Assistant Secretary for Preliminary Findings Import Administration, U.S. Department As detailed in the Preliminary 1 See Notice of Amended Final Determination of of Commerce, filed electronically using Sales at Less than Fair Value and Antidumping Decision Memorandum, we IA ACCESS. An electronically filed Duty Order: Certain Tissue Paper Products from the preliminarily determine that tissue document must be received successfully People’s Republic of China, 70 FR 16223 (March 30, paper processed by ARPP in India from in its entirety by the Department’s 2005) (PRC Tissue Paper Order). PRC-origin jumbo rolls of tissue paper electronic records system, IA ACCESS, 2 See memorandum entitled ‘‘Preliminary Determination Decision Memorandum for the Anti- and exported to the United States is by 5 p.m. Eastern Standard Time within Circumvention Inquiry on Certain Tissue Paper circumventing the PRC Tissue Paper 30 days after the date of publication of Products from the People’s Republic of China Order. We therefore determine that it is this notice.5 Requests should contain Involving AR Printing & Packaging India Pvt. Ltd.’’ appropriate to include this merchandise the party’s name, address, and (Preliminary Decision Memorandum) issued concurrently with this notice for a complete within the PRC Tissue Paper Order and description of the scope of the PRC Tissue Paper 4 See 19 CFR 351.309(d). Order. 3 See PRC Tissue Paper Order. 5 See 19 CFR 351.310(c).

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telephone number, the number of specifically authorized for selected applicants were determined to meet all participants, and a list of the issues to participants in the shark research the qualifications. From the 12 qualified be discussed. If a request for a hearing fishery are designated depending on the applicants, we randomly selected 6 is made, we will inform parties of the scientific and research needs of the participants after considering how to scheduled date for the hearing which Agency, as well as the number of meet research objectives in particular will be held at the U.S. Department of NMFS-approved observers available. In regions. During the annual application Commerce, 14th Street and Constitution order to inform selected participants of period, commercial shark permit Avenue NW., Washington, DC 20230, at this year’s specific permit requirements holders (directed and incidental) are a time and location to be determined.6 and ensure all terms and conditions of invited to submit an application to At the hearing, each party may make an the permit are met, we are holding a participate in the shark research fishery. affirmative presentation only on issues mandatory permit holder meeting for NMFS expects to invite qualified raised in that party’s case brief and may selected participants. In this notice, we commercial shark permit holders to make rebuttal presentations only on announce the date and time of that submit an application for the 2014 shark arguments included in that party’s meeting. research fishery later this year. rebuttal brief. We intend to hold a DATES: A conference call will be held on Every year, the permit terms and hearing, if requested, no later than 40 March 18, 2013. permitted activities (e.g., number of hooks and trips, retention limits) days after the date of publication of this ADDRESSES: A conference call will be specifically authorized for selected notice. conducted. See SUPPLEMENTARY participants in the shark research INFORMATION for information on how to Final Determination fishery are designated depending on the access the conference call. The final determination with respect scientific and research needs of the FOR FURTHER INFORMATION CONTACT: to this anti-circumvention inquiry, Agency as well as the number of NMFS- including the results of the Karyl Brewster-Geisz or Delisse Ortiz at approved observers available. In order Department’s analysis of any written (301) 427–8503. to inform selected participants of this comments, will be issued no later than SUPPLEMENTARY INFORMATION: The year’s specific permit requirements and June 27, 2013, unless extended. Atlantic shark fisheries are managed ensure all terms and conditions of the This preliminary affirmative under the authority of the Magnuson- permit are met, per the requirements of circumvention determination is Stevens Fishery Conservation and § 635.32 (f)(4), we are holding a published in accordance with section Management Act (Magnuson-Stevens mandatory permit holder meeting via 781(b) of the Act and 19 CFR 351.225. Act). The 2006 Consolidated Highly conference call. Migratory species (HMS) Fishery Dated: February 27, 2013. The conference call will be held on Management Plan (FMP) is March 18, 2013, from 2:00 to 4:00 p.m. Paul Piquado, implemented by regulations at 50 CFR Assistant Secretary for Import (EST). Participants and interested part 635. parties should call 888–989–4986 and Administration. The final rule for Amendment 2 to the [FR Doc. 2013–05204 Filed 3–5–13; 8:45 am] use the passcode 4136438. Selected 2006 Consolidated HMS FMP (73 FR participants who do not attend will not BILLING CODE 3510–DS–P 35778, June 24, 2008, corrected at 73 FR be allowed to participate in the shark 40658, July 15, 2008) established, research fishery. While the conference among other things, a shark research DEPARTMENT OF COMMERCE call is mandatory for selected fishery to maintain time series data for participants, other interested parties National Oceanic and Atmospheric stock assessments and to meet NMFS’ may call in and listen to the discussion. Administration research objectives. The shark research Selected participants are encouraged to fishery gathers important scientific data invite their captain, crew, or anyone RIN 0648–XC280 and allows selected commercial else who may assist them in meeting the fishermen the opportunity to earn more Atlantic Highly Migratory Species; terms and conditions of the shark revenue from selling the sharks caught, research research fishery permit. Atlantic Shark Management Measures; including sandbar sharks. Only the 2012 Research Fishery commercial shark fishermen selected to Dated: March 1, 2013. Kara Meckley, AGENCY: National Marine Fisheries participate in the shark research fishery Service (NMFS), National Oceanic and are authorized to land/harvest sandbar Acting Deputy Director, Office of Sustainable Atmospheric Administration (NOAA), sharks subject to the sandbar quota Fisheries, National Marine Fisheries Service. Commerce. available each year. The sandbar shark [FR Doc. 2013–05201 Filed 3–5–13; 8:45 am] ACTION: Notice of public meeting. base quota is 116.6 mt dw per year BILLING CODE 3510–22–P through December 31, 2013, although SUMMARY: On November 13, 2012, we this number may be reduced in the published a notice inviting qualified event of overharvests, if any. The DEPARTMENT OF COMMERCE commercial shark permit holders to selected shark research fishery Patent and Trademark Office submit applications to participate in the participants also have access to the non- 2013 shark research fishery. The shark sandbar large coastal sharks LCS, small [Docket No. PTO–P–2012–0050] research fishery allows for the collection coastal sharks SCS, and pelagic shark of fishery-dependent data for future quotas subject to retention limits and Extension of Comment Period for stock assessments and cooperative quotas per §§ 635.24 and 635.27, Request for Comments on a Patent research with commercial fishermen to respectively. Small Claims Proceeding in the United meet the shark research objectives of the On November 13, 2012 (77 FR 67631), States Agency. Every year, the permit terms we published a notice inviting qualified AGENCY: United States Patent and and permitted activities (e.g., number of commercial shark permit holders to Trademark Office, Commerce. hooks and trips, retention limits) submit an application to participate in ACTION: Notice of extension of public the 2013 shark research fishery. We comment period. 6 See 19 CFR 351.310. received 13 applications, of which 12

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SUMMARY: The United States Patent and SUMMARY: The inventions listed below DEPARTMENT OF EDUCATION Trademark Office (‘‘USPTO’’) is are assigned to the United States [Docket No.: ED–2013–ICCD–0023] extending until April 30, 2013, the Government as represented by the period for public comment regarding a Secretary of the Navy and are available Agency Information Collection patent small claims proceeding. The for domestic and foreign licensing by Activities; Submission to the Office of USPTO is extending the public the Department of the Navy. Management and Budget for Review comment period to ensure stakeholders The following patents are available for and Approval; Comment Request; have adequate time to submit complete licensing: U.S. Patent No. 8,046,845: Annual Vocational Rehabilitation responses. LIGHTWEIGHT COMBAT HELMET// Program/Cost Report (RSA–2) DATES: Written comments must be U.S. Patent No. 8,061,570: QUICK AGENCY: received on or before April 30, 2013. RELEASE MASK BRACKET//U.S. Department of Education (ED), Office of Special Education and ADDRESSES: Patent No. 8,142,127: TORQUE NUT Written comments should Rehabilitative Services (OSERS). be sent by email to [email protected]. ASSEMBLY//U.S. Patent No. 8,159,387: ACTION: Notice. Comments may also be submitted by MULTI–TRANSMITTER postal mail addressed to: Mail Stop INTERFEROMETRY//U.S. Patent No. SUMMARY: In accordance with the OPEA, P.O. Box 1450, Alexandria, VA 8,161,899: MULTIPLE TORPEDO Paperwork Reduction Act of 1995 (44 22313–1450, ATTN: Elizabeth Shaw. MINE//U.S. Patent No. 8,167,670: U.S.C. chapter 3501 et seq.), ED is Although comments may be submitted BLOW–OFF FLOAT VEHICLE proposing an extension of an existing by postal mail, the USPTO prefers to RECOVERY APPARATUS//U.S. Patent information collection. No. 8,186,275: NON–LETHAL receive comments via email. Written DATES: Interested persons are invited to PROJECTILE FOR DISPERSING comments should be identified in the submit comments on or before April 5, PAYLOAD UPON TARGET IMPACT// subject line of the email or postal 2013. mailing as ‘‘Patent Small Claims.’’ U.S. Patent No. 8,196,513: STAND–OFF ADDRESSES: Comments submitted in Because comments will be made DISRUPTER APPARTUS//U.S. Patent response to this notice should be available for public inspection, No. 8,213,740: COHERENT IMAGE submitted electronically through the information that is not desired to be CORRELATION//U.S. Patent No. Federal eRulemaking Portal at http:// made public, such as an address or 8,217,318: SUBMERSIBLE HAND www.regulations.gov by selecting phone number, should not be included. WARMER//U.S. Patent No. 8,226,042: Docket ID number ED–2013–ICCD–0023 FOR FURTHER INFORMATION CONTACT: SPIN CONTROL SYSTEM FOR A SUSPENDED OBJECT THAT IS TO BE or via postal mail, commercial delivery, David Gerk, Office of Policy and or hand delivery. Please note that External Affairs, by phone 571–272– DEPLOYED IN OR RECOVERED FROM WATER//U.S. Patent No. 8,281,641: comments submitted by fax or email 9300, by email at [email protected] and those submitted after the comment or by mail addressed to: Mail Stop TESTING SYSTEM FOR SELF– CONTAINED BREATHING period will not be accepted. Written OPEA, United States Patent and requests for information or comments Trademark Office, P.O. Box 1450, APPARATUS REGULATOR//U.S. Patent No. 8,322,231: HYDROSTATIC submitted by postal mail or delivery Alexandria, Virginia 22313–1450, should be addressed to the Director of ATTN: David Gerk. FORCE/DISPLACEMENT MEASURING DEVICE//U.S. Patent No. 8,326,081: the Information Collection Clearance SUPPLEMENTARY INFORMATION: On CORRELATION IMAGE DETECTOR// Division, U.S. Department of Education, December 18, 2012, the USPTO U.S. Patent No. 8,333,295: PRESSURE 400 Maryland Avenue SW., LBJ, Room published a request for comments on a VESSEL//U.S. Patent No. 8,334,614: 2E117, Washington, DC 20202–4537. patent small claims proceeding. The VESSEL OF INTEREST FOR FURTHER INFORMATION CONTACT: notice invited the public to submit COMMUNICATIONS SYSTEM//U.S. Electronically mail written comments on or before March Patent No. 8,336,536: ACTIVE [email protected]. Please do not 18, 2013. The USPTO is now extending HEATING SYSTEM FOR send comments here. the period for submission of public UNDERWATER DIVER// SUPPLEMENTARY INFORMATION: The comments until April 30, 2013. Department of Education (ED), in Dated: February 28, 2013. ADDRESSES: Requests for copies of the accordance with the Paperwork patents cited should be directed to Teresa Stanek Rea, Reduction Act of 1995 (PRA) (44 U.S.C. Office of Counsel, Naval Surface 3506(c)(2)(A)), provides the general Acting Under Secretary of Commerce for Warfare Center Panama City Division, Intellectual Property and Acting Director of public and Federal agencies with an the United States Patent and Trademark 110 Vernon Ave., Panama City, FL opportunity to comment on proposed, Office. 32407–7001. revised, and continuing collections of [FR Doc. 2013–05162 Filed 3–5–13; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. information. This helps the Department BILLING CODE 3510–16–P James Shepherd, Patent Counsel, Naval assess the impact of its information Surface Warfare Center Panama City collection requirements and minimize Division, 110 Vernon Ave., Panama the public’s reporting burden. It also City, FL 32407–7001, telephone 850– helps the public understand the DEPARTMENT OF DEFENSE 234–4646. Department’s information collection requirements and provide the requested Authority: 35 U.S.C. 207, 37 CFR Part 404. Department of the Navy data in the desired format. ED is Dated: February 25, 2013. soliciting comments on the proposed Notice of Availability of Government- C.K. Chiappetta, information collection request (ICR) that Owned Inventions; Available for Lieutenant Commander, Office of the Judge is described below. The Department of Licensing Advocate General, U.S. Navy, Federal Education is especially interested in Register Liaison Officer. AGENCY: Department of the Navy, DoD. public comment addressing the [FR Doc. 2013–05231 Filed 3–5–13; 8:45 am] following issues: (1) Is this collection ACTION: Notice. BILLING CODE 3810–FF–P necessary to the proper functions of the

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Department; (2) will this information be U.S.C. chapter 3501 et seq.), ED is Type of Review: Extension without processed and used in a timely manner; proposing an extension of an existing change of an existing collection of (3) is the estimate of burden accurate; information collection. information. (4) how might the Department enhance DATES: Interested persons are invited to Respondents/Affected Public: State, the quality, utility, and clarity of the submit comments on or before April 5, Local, and Tribal Governments. information to be collected; and (5) how 2013. Total Estimated Number of Annual might the Department minimize the Responses: 80. ADDRESSES: Comments submitted in burden of this collection on the Total Estimated Number of Annual response to this notice should be respondents, including through the use Burden Hours: 6,500. submitted electronically through the of information technology. Please note Abstract: The data comprising the Federal eRulemaking Portal at http:// that written comments received in Case Service Report (RSA–911) are www.regulations.gov by selecting response to this notice will be mandated by the Rehabilitation Act of Docket ID number ED–2013–ICCD–0022 considered public records. 1973, as amended (the Act). Applicable or via postal mail, commercial delivery, Title of Collection: Annual Vocational portions of the Rehabilitation Act or hand delivery. Please note that Rehabilitation Program/Cost Report explicitly or implicitly require the comments submitted by fax or email (RSA–2). recording and reporting of specific data and those submitted after the comment OMB Control Number: 1820–0017. elements by state vocational period will not be accepted. Written Type of Review: Extension without rehabilitation (VR) agencies to the requests for information or comments change of an existing collection of Rehabilitation Services Administration submitted by postal mail or delivery information . (RSA). Section 13 of the Act requires the should be addressed to the Director of Respondents/Affected Public: State, Commissioner to collect and report the Information Collection Clearance Local, and Tribal Governments. information specified in section Division, U.S. Department of Education, Total Estimated Number of Annual 101(a)(10) to the Congress and the 400 Maryland Avenue SW., LBJ, Room Responses: 80. President in the Annual Report. Section Total Estimated Number of Annual 2E117, Washington, DC 20202–4537. 14 of the Act requires the Commissioner Burden Hours: 320. FOR FURTHER INFORMATION CONTACT: to conduct evaluations of the VR Abstract: The Annual Vocational Electronically mail Rehabilitation Program/Cost Report program. The information from this data [email protected]. Please do not collection is used in evaluating the (RSA 2) collects data on the vocational send comments here. rehabilitation (VR) and supported outcomes of the program. Section 626 employment (SE) program activities for SUPPLEMENTARY INFORMATION: The requires the same information to be agencies funded under the Department of Education (ED), in reported for individuals who received Rehabilitation Act of 1973, as amended accordance with the Paperwork supported employment (SE) services. (Rehabilitation Act). The RSA–2 Reduction Act of 1995 (PRA) (44 U.S.C. RSA–911 data are also needed to satisfy captures: administrative expenditures 3506(c)(2)(A)), provides the general the requirements of Section 131 calling for the VR and SE programs; VR public and Federal agencies with an for an exchange of data between RSA, program service expenditures by opportunity to comment on proposed, the Social Security Administration and category; SE administrative revised, and continuing collections of the Department of Labor. expenditures and service expenditures; information. This helps the Department Dated: February 28, 2013. expenditures for the VR program by assess the impact of its information Tomakie Washington, number of individuals served; the costs collection requirements and minimize Acting Director, Information Collection of types of services provided; and a the public’s reporting burden. It also Clearance Division, Privacy, Information and breakdown of staff of the VR agencies. helps the public understand the Records Management Services, Office of Department’s information collection Management. Dated: February 28, 2013. requirements and provide the requested [FR Doc. 2013–05128 Filed 3–5–13; 8:45 am] Tomakie Washington, data in the desired format. ED is BILLING CODE 4000–01–P Acting Director, Information Collection soliciting comments on the proposed Clearance Division, Privacy, Information and information collection request (ICR) that Records Management Services, Office of is described below. The Department of DEPARTMENT OF EDUCATION Management. Education is especially interested in [FR Doc. 2013–05130 Filed 3–5–13; 8:45 am] public comment addressing the [Docket No. ED–2013–ICCD–0025] BILLING CODE 4000–01–P following issues: (1) Is this collection Agency Information Collection necessary to the proper functions of the Activities; Comment Request; Department; (2) will this information be DEPARTMENT OF EDUCATION Technical Assistance To Promote the processed and used in a timely manner; Implementation of Re-Engagement [Docket No. ED–2013–ICCD–0022] (3) is the estimate of burden accurate; Centers for Out-of-School Youth (4) how might the Department enhance Agency Information Collection the quality, utility, and clarity of the AGENCY: Office of Elementary and Activities; Submission to the Office of information to be collected; and (5) how Secondary Education (OESE), Management and Budget for Review might the Department minimize the Department of Education (ED). and Approval; Comment Request; burden of this collection on the ACTION: Notice. Case Service Report (RSA–911) respondents, including through the use SUMMARY: In accordance with the AGENCY: Department of Education (ED), of information technology. Please note Office of Special Education and that written comments received in Paperwork Reduction Act of 1995 (44 Rehabilitative Services (OSERS). response to this notice will be U.S.C. chapter 3501 et seq.), ED is considered public records. proposing a new information collection. ACTION: Notice. Title of Collection: Case Service DATES: Interested persons are invited to SUMMARY: In accordance with the Report (RSA–911). submit comments on or before May 6, Paperwork Reduction Act of 1995 (44 OMB Control Number: 1820–0508. 2013.

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ADDRESSES: Comments submitted in Total Estimated Number of Annual the Information Collection Clearance response to this notice should be Responses: 95. Division, U.S. Department of Education, submitted electronically through the Total Estimated Number of Annual 400 Maryland Avenue SW., LBJ, Room Federal eRulemaking Portal at http:// Burden Hours: 131. 2E105, Washington, DC 20202–4537. www.regulations.gov by selecting Abstract: Collection of information is FOR FURTHER INFORMATION CONTACT: Docket ID number ED–2013–ICCD–0025 necessary to fulfill the terms of Electronically mail or via postal mail, commercial delivery, Solicitation Number ED–ESE–12–R– [email protected]. Please do not or hand delivery. Please note that 0102, ‘‘Technical Assistance to Promote send comments here. the Implementation of Re-Engagement comments submitted by fax or email SUPPLEMENTARY INFORMATION: The Centers for Out-of-School Youth.’’ The and those submitted after the comment Department of Education (ED), in information will be used by the period will not be accepted. Written accordance with the Paperwork Department of Education and its requests for information or comments Reduction Act of 1995 (PRA) (44 U.S.C. contractors to produce and disseminate submitted by postal mail or delivery 3506(c)(2)(A)), provides the general a resource guide that shall provide should be addressed to the Director of public and Federal agencies with an detailed guidance to Local Education the Information Collection Clearance opportunity to comment on proposed, Agencies and community organizations Division, U.S. Department of Education, revised, and continuing collections of in establishing and operating re- 400 Maryland Avenue SW., LBJ, Room information. This helps the Department engagement centers. The information 2E117, Washington, DC 20202–4537. assess the impact of its information collected will ensure that the guide is FOR FURTHER INFORMATION CONTACT: collection requirements and minimize thoroughly informed by current practice Electronically mail the public’s reporting burden. It also and up-to-date learning from the field. [email protected]. Please do not helps the public understand the send comments here. Dated: February 28, 2013. Department’s information collection Tomakie Washington, SUPPLEMENTARY INFORMATION: The requirements and provide the requested Department of Education (ED), in Acting Director, Information Collection data in the desired format. ED is accordance with the Paperwork Clearance Division, Privacy, Information and soliciting comments on the proposed Records Management Services, Office of information collection request (ICR) that Reduction Act of 1995 (PRA) (44 U.S.C. Management. 3506(c)(2)(A)), provides the general is described below. The Department of [FR Doc. 2013–05131 Filed 3–5–13; 8:45 am] public and Federal agencies with an Education is especially interested in opportunity to comment on proposed, BILLING CODE 4000–01–P public comment addressing the revised, and continuing collections of following issues: (1) Is this collection necessary to the proper functions of the information. This helps the Department DEPARTMENT OF EDUCATION assess the impact of its information Department; (2) will this information be collection requirements and minimize [Docket No. ED–2013–ICCD–0021] processed and used in a timely manner; the public’s reporting burden. It also (3) is the estimate of burden accurate; helps the public understand the Agency Information Collection (4) how might the Department enhance Department’s information collection Activities; Comment Request; Program the quality, utility, and clarity of the requirements and provide the requested for the International Assessment of information to be collected; and (5) how data in the desired format. ED is Adult Competencies (PIAAC) National might the Department minimize the soliciting comments on the proposed Supplement Data Collection 2013–2014 burden of this collection on the respondents, including through the use information collection request (ICR) that AGENCY: Institute for Education is described below. The Department of of information technology. Please note Sciences/National Center for Education that written comments received in Education is especially interested in Statistics (IES/NCES), Department of public comment addressing the response to this notice will be Education (ED). considered public records. following issues: (1) Is this collection ACTION: Notice. necessary to the proper functions of the Title of Collection: Program for the Department; (2) will this information be SUMMARY: In accordance with the International Assessment of Adult processed and used in a timely manner; Paperwork Reduction Act of 1995 (44 Competencies (PIAAC) National (3) is the estimate of burden accurate; U.S.C. chapter 3501 et seq.), ED is Supplement Data Collection 2013–2014. (4) how might the Department enhance proposing a revision of an existing OMB Control Number: 1850–0870. the quality, utility, and clarity of the information collection. Type of Review: a revision of an existing information collection. information to be collected; and (5) how DATES: Interested persons are invited to might the Department minimize the Respondents/Affected Public: submit comments on or before May 6, Individuals and households. burden of this collection on the 2013. respondents, including through the use Total Estimated Number of Annual ADDRESSES: Comments submitted in of information technology. Please note Responses: 22,503. response to this notice should be Total Estimated Number of Annual that written comments received in submitted electronically through the Burden Hours: 6,927. response to this notice will be Federal eRulemaking Portal at http:// Abstract: This submission is for the considered public records. www.regulations.gov by selecting 2013–14 administration of the Program Title of Collection: Technical Docket ID number ED–2013–ICCD–0021 for the International Assessment of Assistance to Promote the or via postal mail, commercial delivery, Adult Competencies (PIAAC) National Implementation of Re-Engagement or hand delivery. Please note that Supplement data collection to survey Centers for Out-of-school youth. comments submitted by fax or email adults (16–74 years old) in households OMB Control Number: 1810–New. and those submitted after the comment and federal and state prisons. The Type of Review: a new information period will not be accepted. Written PIAAC National Supplement builds collection. requests for information or comments upon the 2011–12 PIAAC Main Study, Respondents/Affected Public: State, submitted by postal mail or delivery which was coordinated by the Local and Tribal Governments. should be addressed to the Director of Organization for Economic Cooperation

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and Development (http://www.oecd.org/ submitting comments, but find it petroleum use; and participating as an ), sponsored by the U.S. Departments of difficult to do so within the period of active Clean Cities stakeholder. Education and Labor in the United time allowed by this notice, please The principal objective of collecting States, and included data collection in advise the OMB Desk Officer of your the information DOE seeks to gather 23 countries in addition to the United intention to make a submission as soon through the Partnership effort is to States. PIAAC assesses adult literacy, as possible. The Desk Officer may be allow DOE to develop an objective numeracy, and problem-solving skills in telephoned at 202–395–4718 or assessment and estimate of each fleet’s technology-rich environments and contacted by email at impact and progress. Information collects survey information from [email protected]. requested would be used to establish a respondents about their education and baseline of activities, vehicle ADDRESSES: employment experience and about the Written comments may be inventories, and fuel use for each fleet, skills they use at work. PIAAC builds on sent to Desk Officer for the Department which will then be used for future previous international literacy of Energy Office of Information and comparisons and analyses of instituted assessments including the 2002 Adult Regulatory Affairs Office of programs and policies. A designated Literacy and Lifeskills Survey and the Management and Budget New Executive representative for each participating 1994–98 International Adult Literacy Office Building Room 10102, 735 17th fleet will provide the requested Survey. The PIAAC National Street NW., Washington, DC 20503 and information. The intended respondent is Supplement data collection will occur to Mr. Mark Smith, Office of Energy expected to be aware of relevant aspects between August 2013 and April 2014. Efficiency and Renewable Energy (EE– of the company’s fleet management, 2G), U.S. Department of Energy, 1000 Dated: February 27, 2013. such that the gathering of information is Independence Avenue SW., not expected to be very resource Stephanie Valentine, Washington, DC 20585–0121, or by fax consuming. Acting Director, Information Collection at 202–586–1600, or by email at The Partnership effort will rely on Clearance Division, Privacy, Information and [email protected]. data provided in a template spreadsheet Records Management Services, Office of Management. FOR FURTHER INFORMATION CONTACT: Mr. and responses to questions the respondent chooses to answer during a [FR Doc. 2013–05129 Filed 3–5–13; 8:45 am] Mark Smith at the address listed above in ADDRESSES. phone or in-person interview. The BILLING CODE 4000–01–P questions and data collection would SUPPLEMENTARY INFORMATION: This address the following topic areas: (a) information collection request contains: Vehicle data, in terms of the number of DEPARTMENT OF ENERGY (1) OMB No. New; (2) Information different vehicles in the fleet sorted by Collection Request Title: National Clean fuel type and class or category of Office of Energy Efficiency and Fleets Partnership Progress; (3) Type of Renewable Energy vehicle; (b) Fuel data, in terms of the Request: New; (4) Purpose: DOE’s Clean quantity of fuel used in given vehicle Cities initiative has developed a categories or classes, based on the type Proposed Agency Information voluntary National Clean Fleets Collection of fuel; (c) Fuel use by type by zip code Partnership effort that establishes or other appropriate geographic zone; AGENCY: Office of Energy Efficiency and strategic alliances with large private (d) type of infrastructure used; (e) Renewable Energy, U.S. Department of fleets to help them explore and adopt Current and historical fleet strategies to Energy (DOE). alternative fuels and fuel economy reduce petroleum (driver training, idle ACTION: Submission for Office of measures to reduce petroleum use. The reduction, alternative fuels, right Management and Budget (OMB) review; Partnership does not endeavor to engage sizing); and (f) Fleet operations (how comment request. a large number of fleets, but rather vehicles are fueled). The responses and works with select fleets committed to data will be compiled for the purpose of SUMMARY: The Department of Energy has leading the way in reducing petroleum assessing progress against the fleet’s submitted to the OMB for clearance, a consumption. Under a voluntary baseline information, and impact in proposal for collection of information agreement, Clean Cities commits to terms of increasing deployment of pursuant to the Paperwork Reduction provide each fleet with a designated alternative fueled vehicles and Act of 1995. The collection would be account manager for assistance and alternative fuels themselves. used to develop information that will support; work with fleets to develop The interview that would be part of enable DOE to measure the impact and individual partner plans to reduce the voluntary Partnership initiative progress of DOE’s National Clean Fleets petroleum use; provide technical would be completed on an annual basis, Partnership (Partnership). The assistance, data, access to subject matter at the convenience of the participating Partnership is an initiative through experts, analysis, and unbiased fleet, there being no date by which the which DOE provides large private-sector evaluation; provide education and questions must be completed. fleets with technical assistance and outreach materials to recognize a fleet’s Calculation of progress and impacts will expertise to incorporate alternative fuels involvement with the Partnership and be undertaken on an ongoing basis, once and fuel saving measures into their its accomplishments; supply the interview is completed. operations successfully. The initiative mechanisms for fleet information The data and subsequent analyses builds on the established success of exchange and networking; and identify will allow DOE to compare historical DOE’s Clean Cities program. The and document progress related to records dynamically, and provide the Partnership was developed with input petroleum savings, cost savings, and opportunity for each fleet to determine from fleet managers, industry reductions in emissions. A participating annual progress. representatives, Clean Cities program fleet commits to appointing a primary The Partnership is targeted at large, staff, and Clean Cities coordinators. contact; developing a petroleum use private-sector fleets that own or have DATES: Comments regarding this reduction plan; acting to work toward contractual control over at least 50 proposed information collection must the goals set forth in the plan; tracking percent of their vehicles and have be received on or before April 5, 2013. progress and provide baseline vehicles operating in multiple States. If you anticipate that you will be information and annual data on DOE expects approximately 20 fleets to

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participate in the Partnership the first DATES: Comments regarding this DEPARTMENT OF ENERGY year and, as a result, DOE expects a total proposed information collection must respondent population of approximately be received on or before May 6, 2013. Energy Information Administration 20 respondents the first year. Providing If you anticipate difficulty in submitting initial baseline information for each comments within that period, contact Agency Information Collection participating fleet, which occurs only the person listed below as soon as Extension once, is expected to take 60 minutes. possible. AGENCY: U.S. Energy Information Follow-up questions and clarifications Administration (EIA), Department of ADDRESSES: Written comments should for the purpose of ensuring accurate Energy. analyses are expected to take up to 90 include DOCKET # EERE–2013–VT– ACTION: Notice and Request for Office of minutes. (5) Annual Estimated Number 0014 in the subject line of the message Management and Budget (OMB) Review of Respondents: 20; (6) Annual and be sent to: Mr. Dana V. O’Hara, and Comment. Estimated Number of Total Responses: Office of Energy Efficiency and 20; (7) Annual Estimated Number of Renewable Energy (EE–2G), U.S. SUMMARY: The EIA has submitted an Burden Hours: 50; and (8) Annual Department of Energy, 1000 information collection request to the Estimated Reporting and Recordkeeping Independence Avenue SW., OMB under the provisions of the Cost Burden: There is no cost associated Washington, DC 20585–0121, or by Paperwork Reduction Act of 1995 for a with reporting and recordkeeping. email at Dana.O’[email protected]. proposed reinstatement and three-year Statutory Authority: 42 U.S.C. 13252(a)– FOR FURTHER INFORMATION CONTACT: approval to the Form GC–859, ‘‘Nuclear (b); 42 U.S.C. 13255; 42 U.S.C. Sec 7256. Requests for additional information or Fuel Data Survey’’ (formerly Form RW– Issued in Washington, DC, on February 28, copies of the information collection 859) OMB Control Number 1901–0287. 2013. instrument and instructions should be Form RW–859 was previously used to Patrick B. Davis, directed to Mr. Dana V. O’Hara, Office collect data for reference year 2002 and Director, Vehicle Technologies Program, of Energy Efficiency and Renewable was discontinued in 2009. The form Energy Efficiency and Renewable Energy. Energy (EE–2G), U.S. Department of designation has been changed to reflect [FR Doc. 2013–05153 Filed 3–5–13; 8:45 am] Energy, 1000 Independence Avenue the transfer of functions from the DOE Office of Civilian Radioactive Waste BILLING CODE 6450–01–P SW., Washington, DC 20585–0121, (202) 586–8063, Dana.O’[email protected]. Management (RW) to the DOE Office of The information collection instrument the General Counsel (GC). The form is DEPARTMENT OF ENERGY itself is available online at http:// being reinstated to collect data as of www1.eere.energy.gov/vehiclesandfuels/ June 30, 2013. Office of Energy Efficiency and epact/docs/reporting_spreadsheet.xls. In addition to reinstating the Nuclear Renewable Energy Fuel Data Survey form as Form GC–859 SUPPLEMENTARY INFORMATION: This survey, EIA is also proposing to modify information collection request contains: [Docket Number: EERE2013–VT–0014] the structure and content of the form (1) OMB No.: 1910–5101; (2) from Form RW–859. Most of the data Proposed Agency Information Information Collection Request Title: reported on Form GC–859 was Collection Extension Annual Alternative Fuel Vehicle previously collected by its predecessor Acquisition Report for State form and will be provided to AGENCY: Office of Energy Efficiency and Government and Alternative Fuel respondents so that they may update Renewable Energy, U.S. Department of Provider Fleets; (3) Type of Review: their historical data. Some data Energy (DOE). renewal; (4) Purpose: the information is requirements from previous surveys required so that DOE can determine ACTION: Notice and request for have been eliminated and replaced by comments. whether alternative fuel provider and new data required by various State government fleets are in stakeholders and data users. compliance with the alternative fueled SUMMARY: The Department of Energy DATES: Comments regarding this vehicle acquisition mandates of sections pursuant to the Paperwork Reduction proposed information collection must 501 and 507(o) of the Energy Policy Act Act of 1995, intends to extend for three be received on or before April 5, 2013. of 1992, as amended, (EPAct), whether years an information collection request If you anticipate that you will be such fleets should be allocated credits with the Office of Management and submitting comments, but find it under section 508 of EPAct, and Budget. Comments are invited on: (a) difficult to do so within the period of whether fleets that opted into the Whether the extended collection of time allowed by this notice, please alternative compliance program under information is necessary for the proper advise the DOE Desk Officer at OMB of section 514 of EPAct are in compliance performance of the functions of DOE, your intention to make a submission as with the applicable requirements; (5) including whether the information shall soon as possible. The Desk Officer may Respondents: approximately 300; (6) have practical utility; (b) the accuracy of be telephoned at 202–395–4650. DOE’s estimate of the burden of the Estimated Number of Burden Hours: 1,970. ADDRESSES: Written comments should proposed collection of information, be sent to the including the validity of the Statutory Authority: 42 U.S.C. 13251 et DOE Desk Officer, Office of Information methodology and assumptions used; (c) seq. ways to enhance the quality, utility, and and Regulatory Affairs, Office of Issued in Washington, DC, on February 20, clarity of the information to be Management and Budget, New 2013. collected; and (d) ways to minimize the Executive Office Building, Room burden of the collection of information Patrick B. Davis, 10102, 735 17th Street NW., on respondents, including through the Director, Vehicle Technologies Program, Washington, DC 20503. use of automated collection techniques Energy Efficiency and Renewable Energy. And to or other forms of information [FR Doc. 2013–05161 Filed 3–5–13; 8:45 am] Department of Energy, U.S. Energy technology. BILLING CODE 6450–01–P Information Administration, Attn:

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Marta Gospodarczyk, EI–34, Forrestal DEPARTMENT OF ENERGY comments by the due date, email is Building, 1000 Independence Ave. recommended ([email protected]). The SW., Washington, DC 20585, 202– Energy Information Administration postal mailing address is U.S. 586–0527, Fax at 202–586–3045, Department of Energy, U. S. Energy Agency Information Collection Email at [email protected]. Information Administration, Mail Stop Extension With Changes EI–23, Forrestal Building, 1000 FOR FURTHER INFORMATION CONTACT: AGENCY: U.S. Energy Information Independence Avenue SW., Requests for additional information or Administration (EIA), U.S. Department Washington, DC 20585. copies of the information collection of Energy. forms and instructions should be FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for OMB directed to Ms. Gospodarczyk at the Requests for additional information review and comment. should be directed to Ms. Peterson at contact information given above. the email address listed above. Additionally, forms and instructions SUMMARY: EIA, pursuant to the Alternatively, Ms. Peterson may be Paperwork Reduction Act of 1995 and may be viewed at http://www.eia.gov/ contacted on (202)-586–4509. The with the approval of the Office of survey/#GC-859. proposed forms and instructions, along Management and Budget, intends to with related information on this SUPPLEMENTARY INFORMATION: This extend for 3 years, with changes, the information collection request contains: following forms: clearance package, can be viewed at http://www.eia.gov/survey/changes/ (1) OMB No.: 1901–0287; • Form EIA–63B, ‘‘Annual Photovoltaic Cell/Module Shipments electricity/. (2) Information Collection Request Report,’’ SUPPLEMENTARY INFORMATION: Title: Form GC–859, ‘‘Nuclear Fuel Data This • Form EIA–411, ‘‘Coordinated Bulk information collection request contains Survey’’; Power Supply Program Report,’’ the following: (3) Type of Request: Reinstatement • Form EIA–826, ‘‘Monthly Electric 1 and three-year approval of a previously Utility Sales and Revenue Report with (1) OMB No. 1905–0129 approved data collection; State Distributions,’’ For the Forms EIA–411, 826, 860, • Form EIA–860, ‘‘Annual Electric (4) Purpose: The Nuclear Fuel Data 860M, 861, 861S, 923, and 930, EIA Generator Report,’’ proposes to protect all contact Survey collects data from 138 • Form EIA–860M, ‘‘Monthly Update information associated with the ‘‘Survey respondents (primarily commercial to the Annual Electric Generator Contact’’ and the ‘‘Supervisor of Contact utilities that operate nuclear reactors). Report,’’ Data are collected on all discharged • Form EIA–861, ‘‘Annual Electric Person for Survey’’ on Schedule 1, nuclear assemblies, projections of future Power Industry Report,’’ including name, email address, assembly discharges, nuclear fuel • Form EIA–861S, ‘‘Annual Electric telephone, and Fax number to the extent storage capacities and inventories at Power Industry Report (Short Form),’’ that it satisfies the criteria for exemption reactor sites and storage facilities, and under the Freedom of Information Act • (FOIA), 5 U.S.C. 552, the Department of complete reactor operating history, data Form EIA–923, ‘‘Power Plant Energy (DOE) regulations; 10 CFR on special fuel forms including Operations Report.’’ 1004.11, implementing the FOIA, and nonstandard and failed fuel, nonfuel In addition, EIA proposes to create the following new form: the Trade Secrets Act, 18 U.S.C. 1905. components, and Greater Than Class C • Form EIA–930, ‘‘Balancing The name and business address of the low-level waste data. Authority Operations Report.’’ survey respondents shown in Schedule (5) Number of Respondents: 138; Comments are invited on: (a) Whether 1 will continue to be released as public (6) Annual Estimated Number of the proposed collection of information information. Total Responses: 46 (data collected once is necessary for the proper performance For the Forms EIA–63B, 411, 826, 860 during three-year approval period); of the functions of the agency, including and 923, EIA proposes to discontinue whether the information shall have (7) Annual Estimated Number of applying disclosure limitation rules that practical utility; (b) the accuracy of the test aggregate statistics for the risk of Burden Hours: 3106.7; agency’s estimate of the burden of the disclosing identifiable information. EIA (8) Annual Estimated Reporting and proposed collection of information, intends to add the following paragraph Recordkeeping Cost Burden: EIA including the validity of the to the section on data confidentiality: estimates that there are no additional methodology and assumptions used; (c) ‘‘Disclosure limitation procedures are costs to respondents associated with the ways to enhance the quality, utility, and not applied to the statistical data surveys other than the costs associated clarity of the information to be published from the survey information with the burden hours. collected; and (d) ways to minimize the reported on this form. There may be burden of the collection of information Statutory Authority: Section 13(b) of the some statistics that are based on data on respondents, including through the from fewer than three respondents, or Federal Energy Administration Act of 1974, use of automated collection techniques Pub. L. 93–275, codified at 15 U.S.C. 772(b); that are dominated by data from one or or other forms of information two large respondents. In these cases, it Section 302 of the Nuclear Waste Policy Act technology. of 1982, codified at 42 U.S.C. 10222. may be possible for a knowledgeable DATES: Comments regarding this person to closely estimate the Issued in Washington, DC, on February 28, proposed information collection must information reported by a specific 2013. be received on or before May 6, 2013. respondent.’’ Renee Miller, If you anticipate difficulty in submitting Acting Director, Office of Survey Development comments within that period, contact 1 This form has been under OMB No. 1905–0196. and Statistical Integration, U.S. Energy the person listed in ADDRESSES as soon Due to a reorganization of EIA offices, the Information Administration. as possible. renewables data collection program is now housed with the electricity data collection program. [FR Doc. 2013–05157 Filed 3–5–13; 8:45 am] ADDRESSES: Send comments to Rebecca Therefore, EIA proposes to change the OMB number BILLING CODE 6450–01–P Peterson. To ensure receipt of the to 1905–0129.

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(2) Information Collection Request This information has been determined (1) OMB No.: 1905–0129 Title: Form EIA–63B, ‘‘Annual to have limited value that is outweighed (2) Information Collection Request Photovoltaic Cell/Module Shipments by respondent burden. Title: Form EIA–826, ‘‘Monthly Electric Report’’ • Schedule 7, Part A, Annual Data on Sales and Revenue with State (3) Type of Request: Extension, with Transmission Line Outages for AC Distributions Report’’ changes, of a currently approved Lines: The transmission line sustained (3) Type of Request: Extension, with collection. outage section of the form will have a changes, of a currently approved (4) Purpose: The Form EIA–63B tracks new voltage category: below 199kV. collection. photovoltaic cell/module This change will make the form (4) Purpose: Form EIA–826 collects manufacturing, shipments, technology consistent with the expansion of the monthly information from a sample of types, revenue and related information. Bulk Electric System definition electric utilities, energy service The data collected on this form appear requested by the Federal Energy providers, and distribution companies in various EIA publications. The data Regulatory Commission (FERC) and that sell or deliver electric power to end are used by the U.S. Department of specific recommendations from NERC. users. Data collected on this form Energy, the Congress, other government includes sales and revenue for all end- and non-government entities, and the In this section, there are other minor refinements to the outage data collected, use sectors (residential, commercial, public to monitor the current status and industrial, and transportation). This trends of the photovoltaic industry and such as disaggregating outages into the three principal classifications. survey is the monthly complement to to evaluate the future of the industry. the annual data collection from the • (5) Estimated Number of Survey New Schedule 8, Annual Data on universe of respondents made by the Respondents: Currently there are about Generating Unit Outages, Deratings and short and long form versions of the 168 respondents. Performance Indexes: This new Form EIA–861 survey (see below). EIA (6) Annual Estimated Number of Schedule will present information on proposes to make the following changes Total Responses: The annual estimated generating unit reliability, to the form: number of total responses is about 168. supplementing the reliability • Schedule 3, Part A, Green Pricing: (7) Annual Estimated Number of information on the transmission grid Remove the green pricing schedule. Burden Hours: The annual estimated and the power supply/demand balance EIA’s understanding is that green burden is 840 hours. pricing programs currently have a (8) Annual Estimated Reporting and historically collected by this survey. minimal presence in the retail power Recordkeeping Cost Burden: Additional The information will be extracted by market and that this situation is not costs to respondents are not anticipated NERC directly from its existing expected to change. The value of the beyond costs associated with response Generating Availability Data System data collection is therefore outweighed burden hours. (GADS). The additional burden on respondents is therefore 0. by the burden on respondents. EIA (1) OMB No.: 1905–0129 plans to continue to monitor this market • New Schedule 9, Smart Grid (2) Information Collection Request and if necessary will propose Transmission System Devices and reintroduction of this data collection in Title: Form EIA–411, ‘‘Coordinated Applications, will collect information Bulk Power Supply Program Report’’ the future. on smart grid technologies now being • Schedule 3, Part C, Advanced (3) Type of Request: Extension, with deployed to improve the reliability of Metering: Separate Advanced Metering changes, of a currently approved the transmission system. This includes Infrastructure (AMI) into two collection phasor measurement units, which are subgroups—AMI operated solely as (4) Purpose: The Form EIA–411 used for real-time monitoring of the Automated Meter Reading (AMR) collects information relating to the condition of the grid and for forensic equipment, and AMI operated as AMI. reliability of the electric power system review of grid performance and events. (5) Estimated Number of Survey in the lower 48 states, including Information will also be collected on Respondents: There are approximately regional electricity supply and demand dynamic capability rating systems on 526 respondents. projections for a 10-year advance transmission circuits. These systems (6) Annual Estimated Number of period, the characteristics and provide operators with information on Total Responses: The annual estimated frequency of outages occurring on the the true operational limits of number of total responses is 6,312. Bulk Electric System, and other (7) Annual Estimated Number of transmission lines. information on the transmission system Burden Hours: The annual estimated and supporting facilities. The data are (5) Estimated Number of Survey burden is 8,647. collected from the regional reliability Respondents: Nine respondents (the (8) Annual Estimated Reporting and entities by the North American Electric eight NERC regional entities and NERC Recordkeeping Cost Burden: Additional Reliability Corp. (NERC), 2 which then Headquarters). costs to respondents are not anticipated organizes and edits the information and (6) Annual Estimated Number of beyond costs associated with response submits the data to EIA. The proposed Total Responses: The annual estimated burden hours. changes include: number of total responses is 9. (1) OMB No.: 1905–0129 • Schedule 6, Part B, Characteristics of Projected Transmission Lines: EIA (7) Annual Estimated Number of (2) Information Collection Request proposes to remove several questions on Burden Hours: The annual estimated Title: Form EIA–860, ‘‘Annual Electric conductor size and material, bundling burden is 1,098 hours. Generator Report’’ arrangements, and type of pole or tower. (8) Annual Estimated Reporting and (3) Type of Request: Extension, with Recordkeeping Cost Burden: Additional changes, of a currently approved 2 NERC is the official national Electric Reliability costs to respondents are not anticipated collection. Organization as designated by FERC pursuant to the Energy Policy Act of 2005. EIA has had a long- beyond costs associated with response (4) Purpose: Form EIA–860 collects standing relationship with NERC and its burden hours. data on existing and planned electric predecessor for the collection of the EIA–411 data. generation plants and associated

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equipment including generators, boilers, iv. Stop collection of the datum ii. Collect data on nameplate power cooling systems, and environmental associated with a plant’s geographic factor. This information, which is an control systems. Data are collected from coordinates. EIA has found that many indicator of the maximum potential all existing units and from planned and probably most respondents are output from a generator, will be used in units scheduled for initial commercial unable to provide a correct answer to verifying the reported nameplate and operation within 10 years of the this question. net capacity of the unit. specified reporting period (depending v. Stop collection of plant geographic iii. Collect data on generator on the type of plant). EIA proposes the coordinates in minutes and seconds. minimum load and minimum time following changes: The form will ask for coordinates only required to reach full load from standby • Schedule 1, Identification: collect in modern digital format. and shutdown. These questions address the ownership type of the reporting vi. Collect information on whether a the operating flexibility of the power entity (e.g., investor owned utility, plant that has a primary purpose other system, a topic of increased interest due electric power cooperative, etc.). This than electricity generation for sale is net to the introduction of renewable power information is frequently requested metered. This information is needed to with variable output and demand within DOE and by outside analysts. improve the accuracy with which EIA response programs. These questions are • Schedule 2, Power Plant Data, and can determine small renewable limited to units burning combustible Schedule 3, Part C, Generator capacity, particularly solar. fuels. vii. Collect information on whether a Information—Proposed Generators: iv. Delete the questions relating to plant or any of the individual generating These schedules currently collect data reactive power. EIA has been unable to units at the plant is a blackstart unit. For from plants and generators expected to collect consistent or clearly correct data those units that are blackstart units, the begin commercial operation within 10 on reactive power. NERC, which survey will collect information on years of the survey year. EIA proposes originally requested these data, has nameplate capacity and whether any of to reduce this time horizon to 5 years for informed EIA that the need no longer the units are identified as a ‘‘Blackstart all types of plants other than coal, exists. Resource’’ in a Transmission Operator’s v. Reduce the number of questions nuclear, and conventional and pumped- System Restoration Plan (pursuant to relating to fuel switching and multi-fuel storage hydroelectric power plants. This NERC Reliability Standards EOP–005–1 operation from 13 questions to eight. change reflects the relatively short and EOP–005–2). These new questions The remaining questions relate to oil planning and construction horizon for are intended to enhance the information and gas units only. This change is made the predominant types of power plants on power system reliability made to reduce respondent burden by now being proposed in the United available by EIA to analysts and policy focusing on the fuel switching questions States, such as combined cycle, wind, makers. of greatest interest, which is essentially and solar generators. Coal, nuclear, and • Schedule 3, Part A, Generator the issue of backup fuel for gas and oil hydroelectric plants, in contrast, have Information—Generators: fired units. long planning and construction periods. • i. Collect whether a combined-cycle vi. Add new questions on the Schedule 2, Power Plant Data: unit can operate in simple-cycle mode characteristics of wind turbines such as i. Collect the name of each plant’s by bypassing the heat recovery steam turbine manufacturer, designed average balancing authority instead of its generator. These questions relate to the annual wind speed, wind quality class, regional transmission organization reliability and operational flexibility of and average hub height; and add new (RTO) or independent system operator combined cycle generators, which questions on the characteristics of solar (ISO). This change reflects an effort by account for a growing share of energy systems such as identification of EIA to align its data collections with the generation capacity and actual tracking, concentrating and collector actual operation of the electric power generation. Operational flexibility is an technology, and photovoltaic panel system, which is based on issue of growing importance due to the material. These questions will provide approximately 100 ‘‘balancing introduction of variable renewable important information on the renewable authorities’’ that manage the grid. No technology (solar and wind) and wider technologies which increasingly information will be lost because EIA can use of demand response programs. The account for the additions to the nation’s use balancing authority designations to combination of more renewable power generating fleet. assign plants to RTOs and ISOs. and demand response puts a premium • Schedule 3, Part C, Generator ii. Collect information on ash on the ability of generating units to Information—Proposed Generators: impoundments. The condition of ash rapidly start, stop, and change output to Consistent with changes discussed impoundments has been an area of meet variations in load. above to Part B (existing generators), increasing environmental concern at the ii. Delete three questions on whether EIA proposes to delete questions federal and state levels. The data to be the generator is an electric utility, the relating to reactive power, fuel collected include whether any date of a unit’s sale, and whether the switching and multi-fuel operations at impoundments exist at a plant, the unit can deliver power to the planned units. impoundments’ statuses, and whether transmission grid. EIA has determined • Schedule 5, Generator Cost they are lined. that these questions are either Information: iii. Put space on the schedule to duplicative or provide information of i. Delete all questions relating to collect up to three grid voltages at the limited value. interconnection costs. power plant’s point of interconnection • Schedule 3, Part B, Generator ii. Add new questions on generator with the grid. In the current form plants Information—Existing Generators: construction and financing costs. There with multiple interconnection voltages i. Collect information on whether an is no public source of information on must enter information into the uprate or derate was completed during the actual cost of building new power comments section of the form, a the reporting period. This information is plants. Nonetheless, cost estimates are cumbersome procedure. The revised needed in particular to confirm when an critical elements to projections of, for question will simply provide space on uprate became operational at nuclear example, power industry capital the survey form to directly enter three units, a subject of great interest to power requirements and forecasts of new voltages. market analysts and modelers. builds. The proposed questions will

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collect construction and financing costs (2) Information Collection Request larger power companies. EIA proposes as of the time of completion for most Title: Form EIA–860M, ‘‘Monthly the following: generating units. Long-lead coal and Update to the Annual Electric Generator • For most schedules that request nuclear units will be required to provide Report’’ information by state, add a requirement annual estimates of the total cost to (3) Type of Request: Extension, with to report by state and balancing completion. All of the data will be change, of a currently approved authority combination. This reflects an treated as sensitive and protected to the collection. effort by EIA to align data collection extent that it satisfies the criteria for (4) Purpose: Form EIA–860M collects with the actual operation of the power exemption under the Freedom of data on the status of proposed new system, which is managed by about 100 Information Act. generators scheduled to begin balancing authorities. As a consequence • Schedule 6, Boiler Information: commercial operation within the of this proposal, in states that have more i. Part A, Plant Configuration: forward 12-month period; existing than one balancing authority, the Reorganize the manner in which data on generators scheduled to retire from respondent may have more than one environmental equipment are collected service within the forward 12-month schedule reported per state. to reflect that fact that a single pollution period; and existing generators that have • Schedule 2, Part C, Green Pricing: control technology can reduce proposed modifications that are Remove the green pricing schedule. As emissions of more than one pollutant. scheduled for completion within one discussed above in relation to the Form ii. Part C, Boiler Information: Delete month. The information is needed to EIA–826 monthly survey the limited the question that collects boiler ensure a complete and accurate presence of green pricing in the retail manufacturer. EIA cannot identify a inventory of the nation’s generating power market does not appear to justify need for this information. fleet, for such purposes as reliability the burden of this schedule on iii. Part D, Nitrogen Oxide Emission and environmental analyses. respondents. Controls, and Part E, Mercury Emission (5) Estimated Number of Survey • Schedule 4, Part A, Sales to Controls: Collect information on the Respondents: During a typical year a Ultimate Customers, Full Service: Add operating status, and installed cost of total of about 412 entities will file the questions about ‘‘rate decoupling,’’ a nitrogen oxide and mercury control form for at least one month. Note, form of ratemaking intended to keep systems. however, that in any given month only utilities revenue-neutral in a situation in iv. Part F, Cooling System about 170 entities fall within the which sales are dropping due to energy Information—Design Parameters: Add a reporting threshold (i.e., have a new efficiency and demand response new question that collects the name of generator that is within 12 months of programs. These programs have been the cooling water discharge body if it is entering commercial operation) and are common for retail sales of natural gas different than the intake body. This therefore required to file the survey. and are now being implemented for information was requested as part of Most respondents file fewer than 12 electricity sales. EIA’s joint review with U.S. Geological forms a year; the average is currently • Schedule 6, Parts A and B, Demand Survey of data relating to the energy/ about 5.6 filings per year per Side Management Programs: Over the water nexus (an initiative recommended respondent. past 18 months EIA consulted with by the Government Accountability (6) Annual Estimated Number of government, academic, and other Office). Total Responses: The annual estimated experts on steps to improve the v. Part H, Flue Gas Desulfurization number of total responses is 2,307. collection of Energy Efficiency data. The Unit Information: Delete the question (7) Annual Estimated Number of primary objective of the changes is to that collects the flue gas desulfurization Burden Hours: The annual estimated focus on the data respondents are best unit manufacturer. This information had burden is 692 hours. able to provide and to improve the value in the past when scrubber (8) Annual Estimated Reporting and consistency of responses. The specific technology was still in the Recordkeeping Cost Burden: Additional changes to Part A, Energy Efficiency developmental stage, which is no longer costs to respondents are not anticipated Programs, are as follows: the case. beyond costs associated with response vi. Part I, Stack and Flue burden hours. i. Change the collection of Net Energy Information—Design Parameters: Delete (1) OMB No.: 1905–0129 Savings to Gross Energy Savings (MWh); the questions that collect the geographic (2) Information Collection Request ii. Change the collection of coordinate datum of stacks. As noted Title: Form EIA–861, ‘‘Annual Electric Annualized Incremental Effects and above, EIA’s experience is that many Power Plant Report’’ Actual Annual Effects to Incremental and probably most respondents cannot (3) Type of Request: Extension, with Annual Savings and Incremental Life provide a correct answer to this changes, of a currently approved Cycle Savings. question. collection. iii. Replace Annual Costs with (5) Estimated Number of Survey (4) Purpose: Form EIA–861 collects Reporting Year Incremental Costs and Respondents: There are approximately annual information on the retail sale, Incremental Life Cycle Costs; also 3,500 respondents. distribution, transmission and reduce the number of cost components (6) Annual Estimated Number of generation of electric energy in the collected. Total Responses: The annual estimated United States, its territories, and Puerto iv. Add the collection of the Weighed number of total responses is 3,500. Rico. The data include related activities Average Life of a portfolio of Energy (7) Annual Estimated Number of such as energy efficiency and demand Efficiency programs and provide an Burden Hours: The annual estimated response programs. In combination with automated spreadsheet to calculate this burden is 29,617 hours. the Form EIA–861S short form (see number based on program data entered (8) Annual Estimated Reporting and below) and the monthly Form EIA–826, into the spreadsheet. Recordkeeping Cost Burden: Additional this annual survey provides coverage of v. Remove questions about costs to respondents are not anticipated retail sales of electric power and related verification and reporting on another beyond costs associated with response activities company’s form. burden hours. The Form EIA–861 requests a full vi. Add question about Web site (1) OMB No.: 1905–0129 array of data from approximately 2,200 address to energy efficiency reports.

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• For Part B, Demand Response reliability, which has historically been pricing in the retail power market does Programs, add the numbers of limited to the transmission grid (see not appear to justify the burden of this customers enrolled and reduce the discussion of Form EIA–411, above), to schedule on respondents. number of cost components collected. the distribution level at which most • Schedule 2, Part D, Net Metering: • Schedule 2, Part D, Net Metering: customer interruptions actually occur. Add a Yes or No question concerning Increase the capacity limit for reporting The initial recommendation to add whether the respondent has a net net metering installations from 2 MWs these questions came from Lawrence metering program. to unlimited. This change will help Berkeley National Laboratory, which • Schedule 6, Part D, Advanced identify the amount of net metering identified the lack of a central Metering and Customer capacity by technology type and, repository of distribution system Communications: Separate AMI into combined with other changes to reliability statistics. The need for this two subgroups—AMI operated as AMR generation capacity data collection, help data collection is further indicated by and AMI operated as AMI. In addition, EIA to identify all the renewable requests EIA has received for these data the definitions of advanced metering capacity installed. from Congressional and state energy infrastructure and automated meter • Schedule 6, Part C, Dynamic Pricing offices. The impact on respondent reading technologies have been adjusted Programs: Dynamic pricing is a form of burden is expected to be minimal to provide better estimates of total AMI ratemaking that exposes retail customers because respondents can respond with meter installations. This statistic is of to short-term changes in power prices. statistics that are typically computed in interest because of federal and state These rate structures, particularly in the normal course of business. Utilities programs intended to encourage the use combination with smart meters, are of that do not collect this information do of smart meters and the possible value increasing interest as a integrated part of not have to respond. of smart meters in energy efficiency and overall Demand Side Management (5) Estimated Number of Survey demand response programs. Programs and as a means to improve the Respondents: There are approximately • Schedule 6, Part C, Time-Based operation of restructured power 2,200 respondents. Rate Programs (Dynamic Pricing markets. Consistent with the increased (6) Annual Estimated Number of Programs): Add a single Yes/No interest in this topic, EIA proposes to Total Responses: The annual estimated question asking if the respondent enhance the demand response number of total responses is 2,200. operates any time-based rate programs. questions, for example by asking (7) Annual Estimated Number of (5) Estimated Number of Survey respondents to identify how many Burden Hours: The annual estimated Respondents: There are approximately customers they have signed up in these burden is 24,706 hours. 1,100 respondents. types of programs and also whether they (8) Annual Estimated Reporting and (6) Annual Estimated Number of have customers signed up for any of five Recordkeeping Cost Burden: Additional Total Responses: The annual estimated major time-based rate programs, i.e. costs to respondents are not anticipated number of total responses is 1,100. Time-of-Use Pricing, Real Time Pricing, beyond costs associated with response (7) Annual Estimated Number of Variable Peak Pricing, Critical Peak burden hours. Burden Hours: The annual estimated Pricing, and Critical Peak Rebate. (1) OMB No.: 1905–0129 burden is 2,200 hours. • Schedule 6, Part C, Advanced (2) Information Collection Request (8) Annual Estimated Reporting and Metering and Customer Title: Form EIA–861S, ‘‘Annual Electric Recordkeeping Cost Burden: Additional Communications: Separate AMI into Power Plant Report (Short Form)’’ costs to respondents are not anticipated two subgroups—AMI operated as AMR (3) Type of Request: Extension, with beyond costs associated with response and AMI operated as AMI. In addition, changes, of a currently approved burden hours. the definitions of advanced metering collection. (1) OMB No.: 1905–0129 infrastructure (AMI, or ‘‘smart meters’’) (4) Purpose: Form EIA–861S collects (2) Information Collection Request and automated meter reading a limited set of information annually Title: Form EIA–923, ‘‘Power Plant technologies have been adjusted to from 1,100 small companies involved in Operations Report’’ provide better estimates of total AMI the retail sale of electricity. A complete (3) Type of Request: Extension, with meter installations. This statistic is of set of annual data is collected from changes, of a currently approved interest because of federal and state 2,200 larger companies on the Form collection. programs intended to encourage the use EIA–861 and monthly data are collected (4) Purpose: Form EIA–923 collects of smart meters and the possible value on the Form EIA–826 (see above). EIA information from electric power plants of smart meters in energy efficiency and proposes changes to the Form EIA–861S in the United States. Data collected demand response programs. EIA also to comport with those planned for the include electric power generation, proposed to add to the data collection EIA–861 long form, specifically: energy source consumption, end of the total number of meters (of all types • For most schedules that request reporting period fossil fuel stocks, as including mechanical ones), number of information by state, add a requirement well as the quality and cost of fossil fuel customers that receive certain types of to report by state and balancing receipts. EIA proposes to make the communication from the service authority combination. As noted earlier, following changes: provider, frequency of this this reflects an effort by EIA to align • Schedule 2, Cost and Quality of communication, and the number of data collection with the actual operation Fuel Purchases: Add to the collection of customers participating in direct load of the power system, which is managed coal quality characteristics two control programs. by about 100 balancing authorities. As additional elements: coal moisture and • Schedule 6, Parts E and Part F, a consequence of this proposal, in states chloride content. These factors relate to Distribution System Information and that have more than one balancing the propensity of the coal to produce Reliability Information: Parts E and F authority, the respondent may have acid gases and assist in assessment of add new questions dealing with more than one schedule reported per the quality of the various coal ranks. distribution system automation and the state. • Schedule 2, Cost and Quality of reliability of electric power distribution • Schedule 2, Part C, Remove the Fuel Purchases: Add the collection of systems. This information expands green pricing schedule. As discussed the names of the pipeline systems EIA’s coverage of power system above, the limited presence of green connected to natural gas burning power

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plants. This information is needed to (6) Annual Estimated Number of primary responsibility for system help reconcile natural gas sales Total Responses: The annual estimated operations, many other entities, such as information collected on other surveys number of total responses is 30,492. other industry participants, with the data collected on the Form (7) Annual Estimated Number of policymakers, legislators, regulators, EIA–923, and by doing so help ensure Burden Hours: The annual estimated emergency and disaster response that EIA has a complete picture of the burden is 69,602 hours. officials, entrepreneurs, economic disposition of natural gas. (8) Annual Estimated Reporting and analysts, industry researchers, and the • Schedule 4, Fossil Fuel Stocks at Recordkeeping Cost Burden: Additional public, have a direct interest in electric the End of the Reporting Period: EIA costs to respondents are not anticipated systems operations and the associated collects coal stocks held for power plant beyond costs associated with response data. There is currently no central or use to measure the adequacy of short- burden hours. comprehensive source for hourly term coal supply for power generation. (1) OMB No.: 1905–0129 electric industry operating statistics. The proposed change will add questions (2) Information Collection Request The burden of providing these data is to clarify the relationship between Title: Form EIA–930, ‘‘Balancing extremely low relative to their value, stocks held off-site at coal terminals Authority Operations Report’’ particularly since the information (3) Type of Request: New data with the plants the terminals serve. requested is already collected by or • collection. known to the proposed respondents in Schedule 3, Boiler and Generator (4) Purpose: Form EIA–930 is a new Information for Steam-Electric the course of their normal operations, survey of hourly electric power and a number of proposed respondents Combustible-Fueled Plants: This change operating data from Balancing would simplify the form by combining are already posting much of it. Based on Authorities in the contiguous United the information in the respondent two schedules dealing with generation States 3 and from selected electric and fuel consumption (Schedules 3 and postings, EIA would make available a utilities in Alaska and Hawaii.4 The comprehensive set of the current day’s 5) into one schedule. data include: • Schedule 6, Nonutility Annual • system demand data on an hourly basis Hourly demand, and the prior day’s basic hourly electric Source and Disposition of Electricity: • Hourly next-day demand forecast, add ‘‘Energy provided under tolling • system operating data on a daily basis. Hourly net generation, Respondents will post hourly demand arrangements’’ to the Disposition of • Hourly actual interchange with data at a web address in a standard Electric Energy; and request each interconnected Balancing format within ten minutes of the end of identification of the nature of ‘‘other Authority. the reported hour. They will also post incoming’’ and ‘‘other out-going’’ The purpose of this survey is to separately the prior day’s hourly provide basic operating statistics for the electric energy. These changes are demand, demand forecast, net nation’s electric power systems on a needed to distinguish power delivered generation, and actual interchange data current basis. While electric utilities under tolling agreements from the more in a standard format by 7:00 a.m. individually and as an industry have generic category of ‘‘other out-going Eastern Time the next day. The posting power.’’ Plants selling power under web address must be accessible by EIA 3 A Balancing Authority is ‘‘The responsible tolling agreements have increased from and respondents may, at their about a dozen in 2007 to over 200 in entity that integrates resource plans ahead of time, maintains load-interchange-generation balance discretion, provide the public with 2012. within a Balancing Authority Area, and supports • access to this address. In either case, Schedule 7, Annual Revenues from Interconnection frequency in real time.’’ (NERC, EIA will treat this data as public. EIA Retail Sales and/or Sales for Resale: Glossary of Terms Used in NERC Reliability requests comment on alternatives or This schedule will collect data on retail Standards, December 21, 2012.) In most, but not all cases, a balancing authority is an electric utility supplements to the web posting sales by entities (power plants) that company or a Regional Transmission Organization. requirement and the format for the normally sell power at wholesale. These The electric power grid in the contiguous United posted data. data are needed to complete the States is managed on a moment to moment basis by The same-day, soon after the reporting disposition of electricity by inclusion of 98 Balancing Authorities. If the Southwest Power Pool RTO proceeds as planned to consolidate its 17 hour posting of demand provides a basic retail sales by nonutility plants (utilities member Balancing Authorities, the number of measure of the current status of electric report retail sales on the Form EIA–861, Balancing Authorities will drop to 82. systems and the United States electric but independent power producers are 4 Alaska and Hawaii do not have integrated industry as a whole. Comparing actual not required to complete the Form EIA– electric power grids as in the contiguous United States. Alaska has numerous small regional electric system demand with the day-ahead 861). forecast provides a measure of the • power systems. In the case of Alaska, EIA proposes Schedules 8, Annual Environmental to collect data from 1) the six interconnected accuracy of forecasting used to commit Information, Parts C, E and F: systems in the Railbelt Intertie extending from the resources. Reconfigure these schedules to be Kenai Peninsula north to Fairbanks, including Data regarding the time-varying Chugach Electric Association, Anchorage Municipal equipment-oriented, rather than Light & Power, Matanuska Electric Association, nature of electricity supply and demand emission type oriented, because Golden Valley Electric Association, Homer Electric is essential to addressing smart grid installed environmental controls can Association, and Seward Electric System; and 2) related issues such as integrating wind reduce more than one type of air Alaska Electric Light & Power, which provides and solar generation, better coordination power to Juneau. These utilities are believed by EIA emission. to account for over 75 percent of electric power load of natural gas and electric short-term (5) Estimated Number of Survey in Alaska. operations, and expanding the use of Respondents: There are approximately In the case of Hawaii, EIA proposes to collect data demand response, storage, and electric 6,295 respondents. The monthly form is from the Hawaiian Electric Industries, Inc. vehicles in electric system operations. operating companies, including Hawaii Electric Co., filed by 2,052 respondents; the annual Hawaii Electric Light Company, Inc. and Maui Due to the lack of sufficient cost- form is filed by 4,243 respondents; and Electric Company, Ltd. These companies provide effective electricity storage, electricity the supplemental form is filed by 1,625 service to the islands of Oahu, Hawaii, Maui, Lanai, must be produced at the moment it is respondents. (Those same 1,625 and Molokai, encompassing about 95% of Hawaiian used. This presents the electric industry electric power customers. This approach provides respondents also file the monthly form acceptable coverage of Alaska and Hawaii without with significant challenges in delivering and are included in the 2,052 incurring the costs and burden of collecting its primary product: electricity on- respondents on the monthly form.) complete data for these states. demand. The industry meets the

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challenge by always having more basis. In addition, Balancing Authorities current availability of a single-generator capacity available than needed and report actual interchange received and Balancing Authority power plant, it relying on certain entities to ensure the delivered with each directly does provide a history of the plant’s moment-to-moment balancing of supply interconnected Balancing Authority on hourly output. There is little value in and demand. Electric utilities that an annual basis. Monthly or annual collecting system level operating data perform the balancing function are values for demand, net generation and from these Balancing Authorities. called Balancing Authorities. Due to the actual interchange do not provide However, their information is needed to interconnected nature of power grids, relevant information about the time- provide comprehensive operating collecting operating information from varying nature of these operating values statistics. EIA requests comments on only a subset of the entities involved as would be provided by the proposed how to exempt these Balancing significantly undermines the usefulness survey. Authorities or limit their reporting of the survey. The FERC Form 714 also collects while maintaining the Balancing Authority operators historical hourly demand by Planning comprehensiveness of the survey. monitor their systems continuously and Area. Most Balancing Authorities are (5) Estimated Number of Survey may act whenever necessary to maintain also Planning Areas, but not all. The Respondents: The annual estimated reliability. However, Balancing hourly demand data is collected number of respondents is 107. This Authority operating procedures, such as annually and posted with the rest of the includes 98 Balancing Authorities in the scheduling supply, demand and form data in August of the year contiguous United States, 6 electric interchange (the flow of electricity following the reporting year. The FERC utilities in Alaska, and 3 electric between Balancing Authorities), and the Form 714 data is both less complete and utilities in Hawaii. mandatory reliability standards that far less timely than the data collected by (6) Annual Estimated Number of apply to them, use the hour as the the proposed survey, and does not offer Total Responses: The annual estimated primary operating period. Consequently, current information on the status of the number of total responses is 39,055. the proposed survey uses the operating nation’s electric system that the (7) Annual Estimated Number of hour as its data measurement interval. proposed survey would provide. Burden Hours: The annual estimated The proposed survey is specifically Certain real-time system information burden is 7,534 hours for the first year designed to minimize burden on electric is made available by NERC to DOE’s (to include start-up activities) and 3,254 system operators. The surveyed data is Office of Electricity Delivery and Energy hours each subsequent year. typically produced in the normal course Reliability. However, this data is not (8) Annual Estimated Reporting and of business by Balancing Authority made available to the public and under Recordkeeping Cost Burden: Additional energy management systems. Hourly the agency’s agreement with NERC the costs to respondents are not anticipated demand and demand forecast data is data is not recorded or otherwise beyond costs associated with response currently posted on public Web sites in retained by DOE. burden. the proposed posting timeframes by a EIA does not believe that this Statutory Authority: Section 13(b) of the number of Balancing Authorities, information is business sensitive. As Federal Energy Administration Act of 1974, including most Regional Transmission noted above, Regional Transmission Pub. L. 93–275, codified at 15 U.S.C. 772(b). Organizations. These balancing Organizations that serve as Balancing Authorities and some other Balancing Issued in Washington, DC, on February 27, authorities supply over half of end-use 2013. electricity consumption in the United Authorities currently post publicly States. A few Balancing Authorities post hourly operating data. A potential Renee Miller, publicly more detailed operating data. commercial issue is whether these data Acting Director, Office of Survey Development Under Federal Energy Regulatory will reveal whether a specific utility is and Statistical Integration, U.S. Energy Information Administration. Commission (FERC) Order 890, short on available generating capacity Transmitting Utilities are required to and may be willing to pay premium [FR Doc. 2013–05152 Filed 3–5–13; 8:45 am] post on their Open Access Same-time prices for electricity to meet load. The BILLING CODE 6450–01–P Information System (OASIS) Web sites proposed survey data, including same- prior-day’s peak hour demand and the day posting of hourly demand, does not DEPARTMENT OF ENERGY associated demand forecast value. Most provide information about the Balancing Authorities are also availability of generating units. The Federal Energy Regulatory Transmitting Utilities. Therefore, the next-day posting of operating data is Commission Balancing Authorities subject to Order after the relevant short-term wholesale 890 already have in place the means for power markets have closed. [Docket No. IC13–4–000; (FERC–538)] posting some of the data requested by Multiple power plants supply most Commission Information Collection the proposed survey. Balancing Authorities. Therefore, the The proposed survey does not generation data reported under the Activities; Comment Request duplicate existing data collections. EIA proposed survey will not reveal which AGENCY: Federal Energy Regulatory currently collects monthly and annual specific generators are operating or a Commission. production from electric generators and history of their operating trends. ACTION: Comment request. demand from load-serving entities. The However, some individual generators data are published about 52 days after and small utilities with little or no SUMMARY: In compliance with the the end of a month for major generators generation have chosen for commercial requirements of the Paperwork and systems, and about eight months reasons to operate as Balancing Reduction Act of 1995, the Federal after the end of the year for smaller Authorities. Most Balancing Authorities Energy Regulatory Commission entities. of this type are embedded within (Commission or FERC) is submitting the FERC currently collects demand, net another Balancing Authority and have a information collection FERC–538, Gas generation and actual interchange from single interconnection with that Pipeline Certificates: Section 7(a) Balancing Authorities on an annual Balancing Authority. Mandatory Initial Service, to the Office survey, the FERC Form 714. The While the proposed survey data does of Management and Budget (OMB) for reporting is on a monthly and annual not provide information about the review of the information collection

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requirements. Any interested person • Mail/Hand Delivery/Courier: requirements with no changes to the may file comments directly with OMB Federal Energy Regulatory Commission, reporting requirements. and should address a copy of those Secretary of the Commission, 888 First Abstract: Under sections 7(a), 10(a) comments to the Commission as Street NE., Washington, DC 20426. and 16 of Natural Gas Act (NGA),1 upon explained below. The Commission Instructions: All submissions must be application by a person or municipality issued a Notice in the Federal Register formatted and filed in accordance with authorized to engage in the local (77 FR 75627, 12/21/2012) requesting submission guidelines at: http:// public comments. FERC received no www.ferc.gov/help/submission- distribution of natural gas, the comments on the FERC–538 and is guide.asp. For user assistance contact Commission may order a natural gas making this notation in its submittal to FERC Online Support by email at company to extend or improve its OMB. [email protected], or by phone transportation facilities, and sell natural DATES: Comments on the collection of at: (866) 208–3676 (toll-free), or (202) gas to the municipality or person and, information are due by April 5, 2013. 502–8659 for TTY. for such purpose, to extend its ADDRESSES: Comments filed with OMB, Docket: Users interested in receiving transportation facilities to communities identified by the OMB Control No. automatic notification of activity in this immediately adjacent to such facilities 1902–0061, should be sent via email to docket or in viewing/downloading or to territories served by the natural gas the Office of Information and Regulatory comments and issuances in this docket pipeline company. The Commission Affairs: [email protected]. may do so at http://www.ferc.gov/docs- uses the application data in order to be Attention: Federal Energy Regulatory filing/docs-filing.asp. fully informed concerning the applicant, Commission Desk Officer. The Desk FOR FURTHER INFORMATION CONTACT: and the service the applicant is Officer may also be reached via Ellen Brown may be reached by email requesting. telephone at 202–395–4718. at [email protected], by Type of Respondents: Persons or telephone at (202) 502–8663, and by fax A copy of the comments should also municipalities authorized to engage in be sent to the Federal Energy Regulatory at (202) 273–0873. the local distribution of natural gas. Commission, identified by the Docket SUPPLEMENTARY INFORMATION: Title: 2 No. IC13–4–000, by either of the FERC–538: Gas Pipelines Certificates: Estimate of Annual Burden: The following methods: Section 7(a) Mandatory Initial Service. Commission estimates the total Public • eFiling at Commission’s Web Site: OMB Control No.: 1902–0061. Reporting Burden for this information http://www.ferc.gov/docs-filing/ Type of Request: Three-year extension collection as: efiling.asp. of the FERC–538 information collection

FERC–538—GAS PIPELINES CERTIFICATES: SECTION 7(A) MANDATORY INITIAL SERVICE

Number of Average Number of responses per Total number burden hours Estimated total respondents respondent of responses per response annual burden

(A) (B) (A) × (B) = (C) (D) (C) × (D)

Gas Pipeline Certificates ...... 1 1 1 240 240

The total estimated annual cost Dated: February 27, 2013. license for the Avalon Dam Project, No. burden to respondents is $16,562 [240 Kimberly D. Bose, 11169, located on the Mayo River in hours * $69.01/hour 3 = $16,562]. Secretary. Rockingham County, North Carolina. Comments: Comments are invited on: [FR Doc. 2013–05121 Filed 3–5–13; 8:45 am] Mayo Hydropower, LLC and Avalon Hydropower, LLC are both owned by (1) Whether the collection of BILLING CODE 6717–01–P Mr. Dean Edwards and his wife Ms. information is necessary for the proper Wynona Edwards. performance of the functions of the DEPARTMENT OF ENERGY Applicants seek Commission approval Commission, including whether the to transfer the license for the Avalon information will have practical utility; Federal Energy Regulatory Dam Project from transferor to (2) the accuracy of the agency’s estimate Commission transferee. of the burden and cost of the collection Applicants’ Contact: Mr. Dean of information, including the validity of [Project No. 11169–029] Edwards, Manager, Avalon the methodology and assumptions used; Mayo Hydropower, LLC, Avalon Hydropower, LLC, 5400 Downing Street, (3) ways to enhance the quality, utility Dover, Florida 33527, telephone (813) and clarity of the information collection; Hydropower, LLC; Notice of Application for Transfer of License, 659–3014. and (4) ways to minimize the burden of and Soliciting Comments and Motions FERC Contact: Patricia W. Gillis (202) the collection of information on those To Intervene 502–8735. who are to respond, including the use Deadline for filing comments and of automated collection techniques or On November 20, 2012, Mayo motions to intervene: 15 days from the other forms of information technology. Hydropower, LLC (transferor) and issuance date of this notice, by the Avalon Hydropower, LLC (transferee) Commission. Comments and motions to filed an application for transfer of intervene may be filed electronically via

1 15 U.S.C. 717f–w. information to or for a Federal agency. For further 3 2080 hours = 52 weeks * 40 hours per week (i.e. 2 Burden is defined as the total time, effort, or explanation of what is included in the information 1 year of full-time employment). financial resources expended by persons to collection burden, reference 5 Code of Federal generate, maintain, retain, or disclose or provide Regulations 1320.3.

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the Internet. See 18 CFR 385.2001(a)(1) Any person desiring to intervene or Applicants: NorthWestern and the instructions on the protest in any of the above proceedings Corporation. Commission’s Web site under http:// must file in accordance with Rules 211 Description: SA 671—NWE MRI www.ferc.gov/docs-filing/efiling.asp. and 214 of the Commission’s CIAC—Transmission Structure Commenters can submit brief comments Regulations (18 CFR 385.211 and Relocation to be effective 2/28/2013. up to 6,000 characters, without prior 385.214) on or before 5:00 p.m. Eastern registration, using the eComment system time on the specified comment date. Filed Date: 2/27/13. at http://www.ferc.gov/docs-filing/ Protests may be considered, but Accession Number: 20130227–5022. ecomment.asp. You must include your intervention is necessary to become a Comments Due: 5 p.m. ET 3/20/13. name and contact information at the end party to the proceeding. of your comments. If unable to be filed Docket Numbers: ER13–991–000. Filings in Existing Proceedings electronically, documents may be paper- Applicants: Exelon Generation filed. To paper-file, an original plus Docket Numbers: RP13–490–001. Company, LLC. Applicants: Arlington Storage seven copies should be mailed to: Description: Notice of Succession to Company, LLC. Kimberly D. Bose, Secretary, Federal be effective 2/28/2013. Energy Regulatory Commission, 888 Description: Arlington Storage First Street NE., Washington, DC 20426. Company, LLC—Revised Compliance Filed Date: 2/27/13. More information about this project can Filing to be effective 4/1/2013. Accession Number: 20130227–5023. be viewed or printed on the eLibrary Filed Date: 2/26/13. Comments Due: 5 p.m. ET 3/20/13. link of Commission’s Web site at Accession Number: 20130226–5137. http://www.ferc.gov/docs-filing/ Comments Due: 5 p.m. ET 3/4/13. Docket Numbers: ER13–992–000. elibrary.asp. Enter the docket number Any person desiring to protest in any Applicants: ISO New England Inc. (P–11169) in the docket number field to of the above proceedings must file in Description: ISO New England Inc. access the document. For assistance, accordance with Rule 211 of the submits 7th Forward Capacity Auction call toll-free 1–866–208–3372. Commission’s Regulations (18 CFR Results Filing. 385.211) on or before 5:00 p.m. Eastern Dated: February 27, 2013. Filed Date: 2/26/13. Kimberly D. Bose, time on the specified comment date. The filings are accessible in the Accession Number: 20130226–5201. Secretary. Commission’s eLibrary system by Comments Due: 5 p.m. ET 4/12/13. [FR Doc. 2013–05118 Filed 3–5–13; 8:45 am] clicking on the links or querying the BILLING CODE 6717–01–P docket number. Docket Numbers: ER13–993–000. eFiling is encouraged. More detailed Applicants: Constellation Energy DEPARTMENT OF ENERGY information relating to filing Commodities Group, Inc. requirements, interventions, protests, Description: Notice of Cancellation to Federal Energy Regulatory and service can be found at: http:// be effective 3/1/2013. Commission www.ferc.gov/docs-filing/efiling/filing- req.pdf. For other information, call (866) Filed Date: 2/27/13. Combined Notice of Filings 208–3676 (toll free). For TTY, call (202) Accession Number: 20130227–5024. 502–8659. Take notice that the Commission has Comments Due: 5 p.m. ET 3/20/13. Dated February 27, 2013. received the following Natural Gas The filings are accessible in the Pipeline Rate and Refund Report filings: Nathaniel J. Davis, Sr., Commission’s eLibrary system by Deputy Secretary. clicking on the links or querying the Filings Instituting Proceedings [FR Doc. 2013–05134 Filed 3–5–13; 8:45 am] docket number. Docket Numbers: RP13–584–000. BILLING CODE 6717–01–P Any person desiring to intervene or Applicants: Columbia Gas protest in any of the above proceedings Transmission, LLC. DEPARTMENT OF ENERGY must file in accordance with Rules 211 Description: TCO Modernization and 214 of the Commission’s Settlement Implementation RP12–1021– Regulations (18 CFR 385.211 and 000 to be effective 3/1/2013. Federal Energy Regulatory Commission 385.214) on or before 5:00 p.m. Eastern Filed Date: 2/26/13. time on the specified comment date. Accession Number: 20130226–5055. Combined Notice of Filings #1 Protests may be considered, but Comments Due: 5 p.m. ET 3/11/13. intervention is necessary to become a Docket Numbers: RP13–585–000. Take notice that the Commission party to the proceeding. Applicants: Empire Pipeline, Inc. received the following electric rate eFiling is encouraged. More detailed Description: Deferred State Income filings: information relating to filing Tax Balance (2012). Docket Numbers: ER13–989–000. requirements, interventions, protests, Filed Date: 2/26/13. Applicants: Southwest Power Pool, service, and qualifying facilities filings Accession Number: 20130226–5110. Inc. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 3/11/13. Description: Southwest Power Pool, docs-filing/efiling/filing-req.pdf. For Inc. submits Notice of Cancellation of Docket Numbers: RP13–586–000. other information, call (866) 208–3676 Point-to-Point Transmission Service Applicants: Sabine Pipe Line LLC. (toll free). For TTY, call (202) 502–8659. Description: Sabine Section 5 Agreement No. 2423 with AES Shady Statement of Transportation Rates to be Point, LLC. Dated: February 27, 2013. effective 4/1/2013. Filed Date: 2/26/13. Nathaniel J. Davis, Sr., Filed Date: 2/26/13. Accession Number: 20130226–5195. Deputy Secretary. Accession Number: 20130226–5144. Comments Due: 5 p.m. ET 3/19/13. [FR Doc. 2013–05136 Filed 3–5–13; 8:45 am] Comments Due: 5 p.m. ET 3/11/13. Docket Numbers: ER13–990–000. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY 02–28_OASIS Att J Errata to be effective DEPARTMENT OF ENERGY 4/15/2013. Federal Energy Regulatory Federal Energy Regulatory Filed Date: 2/27/13. Commission Commission Accession Number: 20130227–5101. [Docket No. ER13–996–000] Combined Notice of Filings #2 Comments Due: 5 p.m. ET 3/20/13. ATO Power, Inc.; Supplemental Notice Take notice that the Commission Docket Numbers: ER13–994–000. received the following exempt That Initial Market-Based Rate Filing wholesale generator filings: Applicants: Westar Energy, Inc. Includes Request for Blanket Section Docket Numbers: EG13–16–000. Description: Kansas Power Pool, 204 Authorization Applicants: Prairie Breeze Wind Revision to Participation Power This is a supplemental notice in the Energy LLC. Agreement to be effective 5/1/2013. above-referenced proceeding, of ATO Description: Notice of Self- Filed Date: 2/27/13. Power, Inc.’s application for market- Certification of Exempt Wholesale based rate authority, with an Generator Status of Prairie Breeze Wind Accession Number: 20130227–5064. accompanying rate schedule, noting that Energy LLC. Comments Due: 5 p.m. ET 3/20/13. such application includes a request for Filed Date: 2/27/13. blanket authorization, under 18 CFR Accession Number: 20130227–5073. Docket Numbers: ER13–995–000. Comments Due: 5 p.m. ET 3/20/13. Applicants: California Independent Part 34, of future issuances of securities System Operator Corporation. and assumptions of liability. Take notice that the Commission Any person desiring to intervene or to received the following electric rate Description: California Independent protest should file with the Federal filings: System Operator Corporation submits Energy Regulatory Commission, 888 Docket Numbers: ER10–2763–007; tariff filing per 35.13(a)(2)(iii): 2013–02– First Street NE., Washington, DC 20426, ER10–2732–007; ER10–2733–007; 27 Pay for Performance to be effective 5/ in accordance with Rules 211 and 214 ER10–2734–007; ER10–2736–007; 1/2013. of the Commission’s Rules of Practice ER10–2737–007; ER10–2741–007; Filed Date: 2/27/13. and Procedure (18 CFR 385.211 and ER10–2749–007; ER12–2492–003; 385.214). Anyone filing a motion to ER12–2493–003; ER10–2752–007; Accession Number: 20130227–5074. intervene or protest must serve a copy ER12–2494–003; ER12–2495–003; Comments Due: 5 p.m. ET 3/20/13. of that document on the Applicant. ER12–2496–003. Notice is hereby given that the Docket Numbers: ER13–996–000. Applicants: Bangor Hydro Electric deadline for filing protests with regard Company, Emera Energy Services, Inc., Applicants: ATO Power, Inc. to the applicant’s request for blanket Emera Energy U.S. Subsidiary No. 1, Description: Initial Filing to be authorization, under 18 CFR Part 34, of Inc., Emera Energy U.S. Subsidiary No. effective 3/25/2013. future issuances of securities and 2, Inc., Emera Energy Services assumptions of liability is March 20, Filed Date: 2/27/13. Subsidiary No. 1 LLC, Emera Energy 2013. Services Subsidiary No. 2 LLC, Emera Accession Number: 20130227–5093. The Commission encourages Energy Services Subsidiary No. 3 LLC, Comments Due: 5 p.m. ET 3/20/13. electronic submission of protests and Emera Energy Services Subsidiary No. 4 interventions in lieu of paper, using the LLC, Emera Energy Services Subsidiary The filings are accessible in the FERC Online links at http:// No. 5 LLC, Emera Energy Services Commission’s eLibrary system by www.ferc.gov. To facilitate electronic Subsidiary No. 6 LLC, Emera Energy clicking on the links or querying the service, persons with Internet access Services Subsidiary No. 7 LLC, Emera docket number. who will eFile a document and/or be Energy Services Subsidiary No. 8 LLC, Any person desiring to intervene or listed as a contact for an intervenor iiiEmera Energy Services Subsidiary No. protest in any of the above proceedings must create and validate an 9 LLC, Emera Energy Services must file in accordance with Rules 211 eRegistration account using the Subsidiary No. 10 LLC. and 214 of the Commission’s eRegistration link. Select the eFiling Description: Notice of Change in Regulations (18 CFR 385.211 and link to log on and submit the Status of Bangor Hydro Electric 385.214) on or before 5:00 p.m. Eastern intervention or protests. Company, et al. time on the specified comment date. Persons unable to file electronically Filed Date: 2/27/13. Protests may be considered, but should submit an original and 14 copies Accession Number: 20130227–5084. of the intervention or protest to the Comments Due: 5 p.m. ET 3/20/13. intervention is necessary to become a party to the proceeding. Federal Energy Regulatory Commission, Docket Numbers: ER13–469–001. 888 First Street NE., Washington, DC Applicants: Southwest Power Pool, eFiling is encouraged. More detailed 20426. Inc. information relating to filing The filings in the above-referenced Description: Response to Deficiency requirements, interventions, protests, proceeding(s) are accessible in the Filing—ER13–469 to be effective 11/14/ service, and qualifying facilities filings Commission’s eLibrary system by 2012. can be found at: http://www.ferc.gov/ clicking on the appropriate link in the Filed Date: 2/27/13. docs-filing/efiling/filing-req.pdf. For above list. They are also available for Accession Number: 20130227–5075. other information, call (866) 208–3676 review in the Commission’s Public Comments Due: 5 p.m. ET 3/20/13. (toll free). For TTY, call (202) 502–8659. Reference Room in Washington, DC. Docket Numbers: ER13–692–003. Dated: February 27, 2013. There is an eSubscription link on the Applicants: Midwest Independent web site that enables subscribers to Nathaniel J. Davis, Sr., Transmission System Operator, Inc. receive email notification when a Description: Midwest Independent Deputy Secretary. document is added to a subscribed Transmission System Operator, Inc. [FR Doc. 2013–05137 Filed 3–5–13; 8:45 am] docket(s). For assistance with any FERC submits tariff filing per 35.17(b): 2013– BILLING CODE 6717–01–P Online service, please email

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[email protected]. or call FERC ¶ 62,109 (1982)], all as more fully DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call set forth in the application which is on (202) 502–8659. file with the Commission and open to Federal Energy Regulatory Commission Dated: February 28, 2013. public inspection. Nathaniel J. Davis, Sr., The filing may be viewed on the web [Project No. 5638–002] Deputy Secretary. at http://www.ferc.gov using the [FR Doc. 2013–05135 Filed 3–5–13; 8:45 am] ‘‘eLibrary’’ link. Enter the docket French River Land Company, Northwoods Renewables LLC; Notice BILLING CODE 6717–01–P number excluding the last three digits in the docket number field to access the of Transfer of Exemption document. For assistance, contact FERC 1. By letter filed February 21, 2013, DEPARTMENT OF ENERGY at [email protected] or call French River Land Company and toll-free, (886) 208–3676 or TYY, (202) Federal Energy Regulatory Northwoods Renewables LLC informed 502–8659. Commission the Commission that the exemption Any questions regarding this from licensing for the Ashland Paper [Docket No. EL13–46–000] application should be directed to Robert Mill Project, FERC No. 5638, originally issued April 9, 1982,1 has been Louisville Gas and Electric Company; D. Jackson, Director, Certificates and Regulatory Administration, ANR transferred to Northwoods Renewables Notice of Initiation of Proceeding and LLC. The project is located on the Refund Effective Date Storage Company, 717 Texas Street, Suite 2400, Houston, Texas 77002–2761, Squam River in Grafton County, New Hampshire. The transfer of an On February 28, 2013, the or by calling (832) 320–5487 (telephone) exemption does not require Commission Commission issued an order that or (832) 320–6487 (fax), approval. initiated a proceeding in Docket No. [email protected]. EL13–46–000, pursuant to section 206 2. Mr. James World, Northwoods of the Federal Power Act (FPA), 16 Any person or the Commission’s Staff Renewables LLC, located at 55 Main U.S.C. 824e (2006), to determine the may, within 60 days after the issuance Street, Lancaster, NH 03584 is now the justness and reasonableness of the of the instant notice by the Commission, exemptee of the Ashland Paper Mill proposed tariff revisions by Louisville file pursuant to Rule 214 of the Project, FERC No. 5638. Gas and Electric Company. Louisville Commission’s Procedural Rules (18 CFR Dated: February 27, 2013. Gas and Electric Company, 142 FERC 385.214) a motion to intervene or notice Kimberly D. Bose, ¶ 61,157 (2013). of intervention and, pursuant to section Secretary. 157.205 of the Commission’s The refund effective date in Docket [FR Doc. 2013–05122 Filed 3–5–13; 8:45 am] No. EL13–46–000, established pursuant Regulations under the NGA (18 CFR BILLING CODE 6717–01–P to section 206(b) of the FPA, will be the 157.205) a protest to the request. If no date of publication of this notice in the protest is filed within the time allowed Federal Register. therefore, the proposed activity shall be DEPARTMENT OF ENERGY Dated: February 28, 2013. deemed to be authorized effective the Nathaniel J. Davis, Sr., day after the time allowed for protest. If Federal Energy Regulatory Deputy Secretary. a protest is filed and not withdrawn Commission [FR Doc. 2013–05133 Filed 3–5–13; 8:45 am] within 30 days after the time allowed [Docket No. RM11–12–000] for filing a protest, the instant request BILLING CODE 6717–01–P shall be treated as an application for Availability of E-Tag Information to authorization pursuant to section 7 of Commission Staff; Notice Specifying DEPARTMENT OF ENERGY the NGA. Webregistry Code The Commission strongly encourages Federal Energy Regulatory In Order No. 771,1 the Federal Energy electronic filings of comments, protests, Commission Regulatory Commission amended its and interventions via the internet in lieu regulations to grant the Commission [Docket No. CP13–82–000] of paper. See 18 CFR 385.2001(a)(1)(iii) access, on a non-public and ongoing and the instructions on the basis, to the complete electronic tags (e- ANR Storage Company; Notice of Commission’s Web site (www.ferc.gov) Request Under Blanket Authorization Tags) used to schedule the transmission under the ‘‘e-Filing’’ link. Persons of electric power in wholesale markets. Take notice that on February 21, 2013, unable to file electronically should Order No. 771 requires e-Tag Authors ANR Storage Company (ANR Storage), submit an original and 14 copies of the (through their Agent Service) and 717 Texas Street, Suite 2400, Houston, protest or intervention to the Federal Balancing Authorities (through their Texas 77002–2761, filed in Docket No. Energy Regulatory Commission, 888 Authority Service) to take appropriate CP13–82–000, a prior notice request First Street NE., Washington, DC 20426. steps to ensure Commission access to the e-Tags covered by this Final Rule by pursuant to sections 157.205 and Dated: February 27, 2013. 157.214 of the Commission’s regulations designating the Commission as an under the Natural Gas Act (NGA). ANR Kimberly D. Bose, addressee on the e-Tags. Storage seeks authorization to increase Secretary. In Order No. 771, the Commission the maximum certificated volume of [FR Doc. 2013–05120 Filed 3–5–13; 8:45 am] stated that, ‘‘following issuance of this natural gas and working gas inventory at BILLING CODE 6717–01–P its Cold Springs 31 storage field in 1 19 FERC ¶ 62,045, Order Granting Exemption Kalkaska County, Michigan. ANR from Licensing of a Small Hydroelectric Project of 5 Megawatts or Less. Storage proposes to perform these 1 Availability of E-Tag Information to Commission activities under its blanket certificate Staff, 77 FR 76367 (Dec. 28, 2012), FERC Stats. & issued in Docket No. CP82–523–000 [21 Regs. ¶ 31,339 (Dec. 20, 2012).

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Final Rule and the Commission’s Wistaria Ranch Solar, LLC, CSOLAR IV c. The content of the pre-application registration in the OATI webRegistry, West, LLC & CSOLAR IV North, LLC v. report and whether the $300 fee for the the Commission will issue a notice California Independent System Operator pre-application report proposed in the specifying which entity code should be Corporation (Docket No. EL13–37–000), NOPR is appropriate. used to ensure that the Commission is NV Energy Operating Co. (Docket No. d. Whether storage devices could fall an addressee on the e-Tag’’.2 The ER13–679–000), North American within the definition of Small Commission has registered in the OATI Natural Resources, Inc. v. PJM Generating Facility included in webRegistry as a Purchasing-Selling Interconnection, L.L.C., American Attachment 1 to the Small Generator Entity under the entity code ‘‘FERC.’’ Electric Power Service Corp., and This code should be used to designate Indiana Michigan Power Co. (Docket Interconnection Procedures and the Commission as an addressee to No. EL13–10–000), Southern California Attachment 1 to the Small Generator comply with 18 CFR 366.2(d) (2012) of Edison Company (Docket No. ER13– Interconnection Agreement (SGIA) as the Commission’s regulations. 532–000), Pacific Gas and Electric devices that produce electricity. Dated: February 26, 2013. Company (Docket No. ER13–494–000), e. The proposed revision to section California Independent System Operator Kimberly D. Bose, 1.5.4 of the pro forma SGIA related to Corporation (Docket No. ER13–218– Secretary. disconnection of the Small Generating 001), California Independent System Facility during an over- or under- [FR Doc. 2013–05119 Filed 3–5–13; 8:45 am] Operator Corporation (Docket Nos. frequency event. BILLING CODE 6717–01–P ER12–2643–000 and ER12–2643–001), We note that the topics included here Review of Small Generator Interconnection Agreements and do not encompass all the proposals in DEPARTMENT OF ENERGY Procedures (Docket No. AD12–17–000), the NOPR. The Commission encourages and Solar Energy Industries Association stakeholders to submit written Federal Energy Regulatory comments on all the proposals in the Commission (Docket No. RM12–10–000). Those interested in participating in NOPR, not just those discussed at the [Docket No. RM13–2–000] the discussions at the workshop should workshop. There will not be a separate notify the Commission by close of comment period for the workshop. The Small Generator Interconnection business March 8, 2013, by completing deadline for submitting written Agreements and Procedures; an online form identifying the topic(s) comments on the NOPR, including Workshop that they wish to address: https:// comments on the results of the Take notice that Federal Energy www.ferc.gov/whats-new/registration/ workshop, is June 3, 2013. Regulatory Commission (Commission) small-generator-speaker-03-27-13- The workshop will not be transcribed. staff will convene a workshop in the form.asp. Due to time constraints, we However, there will be a free webcast of above-referenced proceeding on may not be able to accommodate all the workshop. Anyone with Internet Wednesday, March 27, 2013, from 10:00 those interested in speaking. The access interested in viewing this a.m. to 5:00 p.m. (EDT) in the Commission will issue a subsequent workshop can do so by navigating to the Commission Meeting Room at the notice providing the detailed agenda for FERC Calendar of Events at offices of the Federal Energy Regulatory the workshop, including speakers. www.ferc.gov and locating this event in The topics tentatively scheduled for Commission, 888 First Street NE., the Calendar. The event will contain a discussion at the workshop include: Washington, DC 20426. Members of the link to its webcast. The Capitol Commission may attend the workshop, a. Whether the characteristics proposed in the NOPR for Fast Track Connection provides technical support which will also be open to the public. for the webcasts and offers the option of Advance registration is not required, but Process eligibility (i.e., up to 5 megawatts based on individual system listening to the workshop via phone- is encouraged. Attendees may register at bridge for a fee. If you have any the following Web page: https:// and generator characteristics, including interconnection voltage level, the circuit questions, visit www.CapitolConnection. www.ferc.gov/whats-new/registration/ org or call (703) 993–3100. small-generator-03-27-13-form.asp. distance of the interconnection from the The purpose of this workshop is to substation, and generator capacity) FERC workshops are accessible under discuss certain topics related to the should be modified to protect system section 508 of the Rehabilitation Act of proposals in the Small Generator safety and reliability. 1973. For accessibility accommodations Interconnection Agreements and b. The specific content of the please send an email to Procedures Notice of Proposed supplemental review screens proposed [email protected] or call toll free 1– Rulemaking (NOPR) issued by the in the NOPR, including: 866–208–3372 (voice) or 202–208–8659 Commission on January 17, 2013 i. Whether twelve months of (TTY), or send a fax to 202–208–2106 (Docket No. RM13–2–000).1 minimum load data is appropriate for with the required accommodations. use in the minimum load screen, or This workshop is not intended to For information related to the agenda, address the substance of any particular whether additional data, if available, should be required to be considered; please contact Leslie Kerr at case pending before the Commission. [email protected] or (202) 502–8540. However, notice is hereby given that ii. The reasons that minimum load data are not available to Transmission For information related to logistics, discussions at the workshop may please contact Sarah McKinley at address matters at issue in the following Providers and what the Commission could do to encourage data availability [email protected] or (202) 502– Commission proceedings that are either 8368. pending or within their rehearing where appropriate; iii. Potential modifications to the period: CSOLAR IV South, LLC, Dated: February 27, 2013. supplemental review screens proposed Kimberly D. Bose, in the NOPR; and 2 Id. at n.103. Secretary. 1 Small Generator Interconnection Agreements iv. Whether the $2,500 fee for the [FR Doc. 2013–05117 Filed 3–5–13; 8:45 am] and Procedures, 142 FERC ¶ 61,049 (2013), 78 FR supplemental review proposed in the 7524 (2013). NOPR is appropriate. BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION vehicles’’) for calendar years from 1990 and revisions to implementation data AGENCY to 2035 operating in California. for control measures. Pollutant emissions for hydrocarbons [EPA–R09–OAR–2013–0126; FRL–9788–3] C. Why is EPA announcing its approval (HC), CO, nitrogen oxides (NO ), PM , X 10 of the EMFAC model? Official Release of EMFAC2011 Motor PM2.5, lead, carbon dioxide (CO2), and CAA section 172(c)(3) and 40 CFR Vehicle Emission Factor Model for Use sulfur oxides are output from the model. 51.112(a)(1) require that SIP inventories in the State of California Emissions are calculated for forty-two different vehicle classes composed of be based on the most current, accurate, AGENCY: Environmental Protection passenger cars, various types of trucks and applicable models that are available Agency (EPA). and buses, motorcycles, and motor at the time the SIP is developed. CAA ACTION: Notice of Availability. homes. section 176(c)(1) requires that the latest EMFAC is used to calculate current emissions estimates be used in SUMMARY: EPA is approving and and future inventories of motor vehicle conformity analyses. EPA approves announcing the availability of the latest emissions at the state, air district, air models that fulfill these requirements. version of the California EMFAC model Under 40 CFR 93.111(a), EPA must basin, or county level. EMFAC contains (short for EMission FACtor) for use in approve new versions of EMFAC for SIP default vehicle activity data, and the state implementation plan (SIP) purposes before they can be used in option of modifying that data, so it can development and transportation transportation conformity analyses. In be used to estimate a motor vehicle conformity in California. EMFAC2011 is an April 6, 2012 letter, CARB requested emissions inventory in tons/day for a the latest update to the EMFAC model that EPA approve EMFAC2011 for use specific year, month, or season, and as for use by California state and local in developing SIPs and in determining a function of ambient temperature, governments to meet Clean Air Act conformity in California.1 EMFAC2011 relative humidity, vehicle population, (CAA) requirements. The new model, is a significant change from previous mileage accrual, miles of travel and which is based on new and improved EMFAC models with a new model user speeds. Thus the model can be used to data, calculates air pollution emissions interface and is capable of calculating make decisions about air pollution factors for passenger cars, trucks, motor vehicle emissions for all policies and programs at the local or motorcycles, motor homes and buses. California areas. EMFAC2011 is being state level. Inventories based on EMFAC Today’s notice also sets the date after approved as the latest emissions model are also used to meet the federal CAA’s which EMFAC2011 is required to be for statewide use in SIP development SIP and transportation conformity used statewide in all new regional and emissions analyses for conformity requirements. Transportation emissions analyses and carbon purposes. Since the EMFAC model is conformity is required under CAA monoxide (CO), particulate matter of ten only used in California, EPA’s statewide section 176(c) to ensure that federally microns or less (PM ) and fine approval of the model does not affect 10 supported transportation plans, particulate matter (PM ) hot-spot MOVES emissions factor model users in 2.5 transportation improvement programs analyses for transportation conformity other states. (TIPs), and highway and transit projects determinations in California. Since the are consistent with (‘‘conform to’’) the II. EPA Action EMFAC model is used only in purpose of the SIP. Conformity to a SIP California, EPA’s approval of the model A. What version of EMFAC is EPA means that a transportation activity will does not affect MOVES model users in approving? not cause or contribute to new air other states. quality violations, worsen existing In this notice, EPA is approving and DATES: EPA’s approval of the violations, or delay timely attainment of announcing that EMFAC2011 is EMFAC2011 emissions model for SIP the national ambient air quality available to use in statewide California and conformity purposes is effective standards (NAAQS) or interim SIP development and for regional March 6, 2013. EMFAC2011 must be milestones. EPA’s transportation emissions analyses and CO, PM10 and PM hot-spot analyses for used for all new regional emissions conformity regulations (40 CFR Parts 2.5 transportation conformity. EMFAC2011 analyses and CO, PM10 and PM2.5 hot- 51.390 and 93) describe how federally was developed by CARB and spot analyses that are started on or after funded and approved highway and transmitted for approval to EPA on September 6, 2013. transit projects meet these statutory April 6, 2012. FOR FURTHER INFORMATION CONTACT: requirements. Karina O’Connor, The EMFAC2011 model is composed [email protected], (775) 433– B. What versions of EMFAC are of a new modular structure that will 8176, Air Planning Office (AIR–2), Air currently in use in California? facilitate future model updates and Division, U.S. EPA, Region 9, 75 allow CARB to incorporate updated Most SIPs in California were information about truck and bus activity Hawthorne Street, San Francisco, developed using EMFAC2007 (released California, 94105–3901. and emissions data into the model. The by CARB in October 2007) or three major modules of EMFAC include SUPPLEMENTARY INFORMATION: Copies of EMFAC2002 (released by CARB in EMFAC–LDV, EMFAC–HD and the official version of the EMFAC2011 October 2002). EPA approved EMFAC–SG. EMFAC–LDV can be used model are available on the California EMFAC2007 on January 18, 2008 (73 FR to estimate emissions for gasoline Air Resources Board (CARB) Web site: 3464) and approved EMFAC2002 on powered on-road vehicles and smaller http://www.arb.ca.gov/msei/ April 1, 2003 (68 FR 15720) for all areas on-road diesel vehicles and urban modeling.htm (model, technical support in California. transit buses. EMFAC–HD provides documents, etc.). EMFAC2007 was considered a major I. Background update to previous versions of EMFAC 1 The EMFAC2011 model and supporting and most SIPs in California were information is available for downloading at http:// A. What is the EMFAC model? updated with EMFAC2007 in the 2007– www.arb.ca.gov/msei/modeling.htm. Technical documentation explaining the changes to the model The EMFAC model is a computer 2008 timeframe. EMFAC2007 included and the technical foundations for the model is model that can estimate emission rates new data and methodologies regarding available at http://www.arb.ca.gov/msei/emfac2011- for on-road mobile sources (‘‘motor calculation of motor vehicle emissions, documentation-final.pdf.

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emissions factors for heavy-duty diesel emissions, e.g., HC, NOX, CO, PM10 and conformity purposes within California. trucks and buses. EMFAC–SG allows PM2.5. As mentioned earlier, CARB has users to run one tool for SIP inventories EPA is also approving EMFAC2011 to developed the EMFAC–PL tool, as a and regional emissions analyses to estimate CO, PM10 and PM2.5 emissions simplified method to extract the combine the emissions factors from both for conformity hot-spot analyses appropriate emissions factors for EMFAC–LDV and EMFAC–HD with involving individual transportation alternative vehicle data and speeds from user defined vehicle miles of travel and projects. A hot-spot analysis is defined EMFAC2011 for appropriate projects. In speeds, combine emissions from in 40 CFR 93.101 as an estimation of today’s notice, EPA recognizes the multiple model-defined subareas and likely future localized pollutant importance of this tool for ensuring that incorporate reductions associated with concentrations and a comparison of project-level conformity analyses are CARB’s Pavley and Low Carbon Fuel those concentrations to the relevant done in a consistent and accurate standard regulations. NAAQS. This analysis is conducted on matter. To that end, we are also CARB developed the EMFAC–SG a smaller scale than a nonattainment or approving the EMFAC–PL tool for module to provide users, including maintenance area, e.g., for a congested project-level conformity analyses, and transportation planners, with a roadway intersection. allowing other tools to be approved by simplified method to generate emissions EPA also notes that today’s approval EPA, if such alternate project-level tools with different future growth scenarios action does not impact what provide for similar performance in for specific geographic areas needed for methodology is required for calculating applying EMFAC2011 emissions factors 5 transportation conformity and SIP re-entrained road dust for regional PM10 for appropriate projects. EPA is development. CARB also developed the and PM2.5 SIPs and transportation updating Section 5 and related EMFAC–PL tool for use for doing conformity analyses. EMFAC2011’s appendices of our PM hot-spot multiple model runs to extract PM10 and PM2.5 estimates do not include quantitative guidance to describe how to emissions factors for project-level such emissions. When applicable, PM10 use the EMFAC2011 model for PM hot- 6 analyses needed for hot-spot analyses.2 and PM2.5 nonattainment and spot analyses. EPA’s revised guidance Due to the modular structure of the maintenance areas are required to use will include details on what PM hot- EMFAC2011 model, to obtain emissions EPA’s AP–42 road dust method for spot analyses can rely on the EMFAC– factors for project-level analyses, an calculating road dust emissions, unless PL tool and which projects will require EMFAC2011 user would have to run a local method is approved in advance a different approach to obtain the 4 multiple modules to generate emission by EPA. In addition, EMFAC2011 does appropriate project-level EMFAC2011 factors. Therefore ARB has developed not estimate ammonia emissions; air emission factors. EPA intends to the EMFAC–PL tool to produce quality and transportation agencies complete its PM hot-spot guidance emissions factors for projects that are should contact the EPA Regional Office revision in the near future. When consistent with the default assumptions if ammonia emissions estimates are completed, the updated guidance will in EMFAC2011. For projects that have needed for SIPs or regional conformity be made available on EPA’s Web site: site-specific ambient temperature and emissions analyses. www.epa.gov/otaq/stateresources/ transconf/projectlevel-hotspot.htm. relative humidity profiles, project- C. Why is EMFAC2011 being approved specific vehicle age distributions and/or for PM10 and PM2.5 hot-spot analyses at D. Why does EPA consider EMFAC2011 project-specific rest and soak time data, this time? as a major update to EMFAC? the user will have to use a more detailed On December 20, 2010, EPA EMFAC2011 includes significant approach other than EMFAC–PL that changes to its model interface, new data requires getting emissions factors from published a notice which announced the availability of EPA guidance and methodologies regarding EMFAC–LDV and EMFAC–HD. As calculation of motor vehicle emissions discussed later in this notice, EPA is documents for completing quantitative hot-spot analyses and approved the use and revisions to implementation data consulting with CARB to provide for control measures. EMFAC2011 updated EMFAC guidance for how to of the MOVES and the EMFAC2007 models for use in quantitative PM10 and includes updated data on truck activity, apply the EMFAC2011 emissions model and emissions reductions associated through either the EMFAC–PL tool or PM2.5 hot-spot analyses (75 FR 79370). That notice started a two-year grace with the 2010 Truck and Bus rule, the more detailed approach that would supporting new estimates of emissions not use EMFAC–PL. period requiring project sponsors to use EMFAC2007 for new quantitative PM10 from heavy-heavy duty diesel trucks B. What analyses can EMFAC2011 be and PM2.5 hot-spot analyses in and buses. Motor vehicle fleet age, used for? California, for conformity vehicle types and vehicle population determinations involving projects of have also been updated based on 2009 EPA is approving the model to local air quality concern. California Department of Motor Vehicle estimate regional emissions of HC, CO, As with EMFAC2007, EMFAC2011 is (DMV) data. EMFAC2011 incorporates NOX, PM10, PM2.5, lead, and sulfur capable of assessing project-level new temperature and humidity profiles. oxides.3 However, EMFAC2011 will emissions for PM10 and PM2.5 hot-spot Each of these changes impact emission only be used in transportation analyses, therefore EPA is approving factors for each area in California. In conformity for pollutants and precursors EMFAC2011 for use in quantitative PM addition to changes to truck activity, that affect transportation-related hot-spot analyses for transportation EMFAC incorporates updated vehicle

2 The EMFAC–PL tool is available at: http:// 4 For further information, see EPA’s February 4, 5 EPA would approve any alternate project-level www.arb.ca.gov/msei/modeling.htm. In an email to 2011 Notice of Availability for the January 2011 tool through a letter, after completion of its review EPA dated 2/08/2013, CARB clarified that the AP–42 Method for Estimating Re-entrained Road of model documentation showing consistency with EMFAC–PL tool is available for use in project-level Dust from Paved Roads (76 FR 6328). Also, for the EMFAC–PL approach. assessments. using AP–42 for unpaved roads, see EPA’s August 6 ‘‘Transportation Conformity Guidance for 3 EPA notes that EMFAC2011 can be used for CO2 2, 2007 memorandum, ‘‘Policy Guidance on the Use Quantitative Hot-Spot Analyses in PM2.5 and PM10 emissions analyses as well, but there are no SIP or of the November 1, 2006, Update to AP–42 for Re- Nonattainment and Maintenance Areas’’ [EPA–420– transportation conformity requirements for entrained Road Dust for SIP Development and B–10–040]. See www.epa.gov/otaq/stateresources/ greenhouse gases (GHGs). Transportation Conformity.’’ transconf/projectlevel-hotspot.htm.

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miles traveled (VMT) for all vehicle F. Will a transportation conformity themselves with this tool. EPA is also classes. The new model interface grace period be set by this approval? updating our PM hot-spot quantitative EMFAC–SG module will allow users to Yes. The transportation conformity guidance to include the new update the default VMT data and speed rule (40 CFR 93.111) requires that EMFAC2011 procedures. profiles by vehicle class for different conformity analyses be based on the Therefore, it is appropriate to set a 6- month grace period to allow all areas in future scenarios. CARB’s web site latest motor vehicle emissions model California to incorporate these new describes these and other model approved by EPA for SIP purposes for procedures in conformity hot-spot changes at: http://www.arb.ca.gov/msei/ a state or area. Section 176(c)(1) of the analysis 8 and apply the changes to the emfac2011-documentation-final.pdf. CAA states that model structure and updated planning E. How were stakeholders and the ‘‘ * * * [t]he determination of conformity assumptions incorporated in public involved in the EMFAC shall be based on the most recent estimates EMFAC2011 in a timely manner. In the development process? of emissions, and such estimates shall be interim, new quantitative PM hot-spot determined from the most recent population, analyses that are started prior to the end Since 2010, CARB has held a series of employment, travel, and congestion estimates. * * *’’ of the EMFAC2011 grace period can be public workshops to discuss emissions based on EMFAC2007 and EPA’s inventory updates related to California’s When EPA approves a new emissions existing PM hot-spot guidance and In-Use Heavy-Duty Diesel Fueled Truck model such as EMFAC2011, EPA will subsequently completed. and Bus regulation (‘‘Truck and Bus consult with the U.S. Department of When the grace period ends on Regulation’’), and to receive comments Transportation (DOT) to establish a September 6, 2013, EMFAC2011 will on the regulations and the resulting grace period before the model is become the only approved motor changes in the emissions inventory. required for conformity analyses (40 vehicle emissions model for all new Since the major changes to the EMFAC CFR 93.111(b)). However, areas have the regional and CO, PM10 and PM2.5 hot- model are associated with incorporation option of using the new model prior to spot transportation conformity analyses of the Truck and Bus Regulation into the the end of the grace period. The across California. In general, this means model, the technical foundations of conformity rule provides for a grace that all new HC, NOX, PM10, PM2.5, and these changes were presented to the period for new emissions models of CO regional conformity analyses and public in these workshops. CARB also between 3 to 24 months. In consultation CO, PM10 and PM2.5 hot-spot analyses conducted extensive beta testing of with the Federal Highway started after the end of the 6-month interim versions of the model with air Administration (FHWA) and the Federal grace period must be based on districts and Metropolitan Planning Transit Administration (FTA), EPA EMFAC2011, even if the SIP is based on Organizations (MPOs). These considers many factors in establishing an earlier version of the EMFAC model. stakeholders had the opportunity to the length of the grace period, including request briefings with CARB staff and the degree of change in emissions G. Can areas use any other models during the grace period? provide them with comments and models and the effects of the new model suggestions to improve the model. EPA on transportation planning in order to Yes, the conformity rule provides was included in those discussions and assure conformity (40 CFR 93.111). some flexibility for regional emissions our suggestions were incorporated into Upon consideration of all of these analyses that are started before the end the material available on the CARB factors, EPA is establishing a 6-month of the grace period. Analyses that begin EMFAC2011 public web site. CARB also grace period before EMFAC2011 is before or during the grace period may developed and posted training modules required for the following conformity continue to rely on EMFAC2007. The for EMFAC2011 and supports a mobile analyses: interagency consultation process should source emissions inventory email • All new HC, NOX, PM10, PM2.5 and be used if it is unclear if an listserv to announce updates and CO regional emissions analyses (e.g., EMFAC2007-based analysis was begun changes to the EMFAC supporting supporting transportation plan and TIP before the end of the grace period. When material.7 conformity determinations); and the grace period ends on September 6, • CARB also released a series of All new CO, PM10 and PM2.5 hot- 2013, EMFAC2011 will become the only technical memos that describe each spot analyses supporting project-level approved motor vehicle emissions update to the model and public conformity determinations. model for regional emissions analyses presentations that summarize the The grace period begins on March 6, for transportation conformity in changes from earlier versions of the 2013 and ends on September 6, 2013. As California. CO, PM model. The technical memos are discussed earlier in the notice, 10 and PM2.5 hot-spot analyses available on CARB’s Web site at: http:// EMFAC2011 incorporates significant for project-level conformity www.arb.ca.gov/msei/supportdocs.htm changes to the model interface and determinations can be based on and at http://www.arb.ca.gov/msei/ procedures used to estimate both EMFAC2007 if the analysis was begun categories.htm#onroad_motor_vehicles emissions for regional emissions before the end of the grace period, and Specific changes incorporated into the analysis and emissions factors for hot- if the final environmental document for EMFAC2011 model are also discussed spot analyses for CO and PM. While the project is issued no more than three in http://www.arb.ca.gov/msei/ these changes are significant, the model years after the issuance of the draft emfac2011-documentation-final.pdf. All has been available for review by air environmental document (see 40 CFR presentations from the public quality and transportation agencies, 93.111(c)). Therefore new quantitative workshops are available on the CARB consultants and the public since and qualitative analysis already Web site at: http://www.arb.ca.gov/ September 2011. underway that were started before the For application of EMFAC2011 at the msprog/onrdiesel/workshops.htm. project level, CARB’s EMFAC–PL tool 8 EMFAC–PL or an alternative method or tool for appropriate projects has just recently must be used for new EMFAC2011 analyses of 7 To subscribe to CARB’s listserv for Mobile appropriate projects after the 6-month grace period. Source Emission Inventory development, see ‘‘Join been released, therefore project sponsors If EPA approves alternative tools to the EMFAC–PL our MSEI listserv’’ at www.arb.ca.gov/msei/ developing project-level analysis may tool, EPA does not intend to establish a new 6- msei.htm. need some time to familiarize month grace period.

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end of the grace period using Dated: February 22, 2013. groups must be reviewed and approved EMFAC2007 can be completed as long Jared Blumenfeld, by the chartered SAB before transmittal as 93.111(c) is satisfied. The interagency Regional Administrator, Region IX. to the EPA Administrator. The chartered consultation process should be used if [FR Doc. 2013–05245 Filed 3–5–13; 8:45 am] SAB makes a determination in a public it is unclear whether an EMFAC2007- BILLING CODE 6560–50–P meeting consistent with FACA about the based analysis is covered by the quality of all draft reports and circumstances described above. determines whether the report is ready to be transmitted to the EPA H. Future Updates to EMFAC ENVIRONMENTAL PROTECTION AGENCY Administrator. The Safe Drinking Water Act requires On January 31, 2006, CARB submitted [FRL–9787–2 ] a letter to EPA and to the California the EPA to request comments from the SAB prior to proposal of a maximum Division of the FHWA indicating the Notification of a Public Teleconference contaminant level goal (MCLG) and State’s intention to make future of the Chartered Science Advisory national primary drinking water revisions to update EMFAC. These Board EMFAC updates would reflect, among regulation. The chartered SAB will other new information, updated vehicle AGENCY: Environmental Protection conduct a quality review of a draft SAB fleet data every three years. In Agency (EPA). report reviewing the scientific and California, MPOs and Air Districts have ACTION: Notice. technical bases for the approaches EPA not been able to update vehicle fleet is considering for the MCLG for SUMMARY: data embedded into EMFAC. The EPA/ The EPA Science Advisory perchlorate, as described in a draft white paper entitled ‘‘Life Stage USDOT December 2008 guidance on Board (SAB) Staff Office announces a Considerations and Interpretation of latest planning assumptions and EPA’s public teleconference of the chartered Recent Epidemiological Evidence to July 2004 final rule indicate that new SAB to conduct a quality review of an Develop a Maximum Contaminant Level vehicle registration data must be used SAB draft report on approaches to Goal for Perchlorate.’’ Background when it is available prior to the start of derive a maximum contaminant level information about this advisory activity new conformity analyses and that states goal for perchlorate. can be found on the SAB Web site at and MPOs are strongly encouraged to DATES: The public teleconference will http://yosemite.epa.gov/sab/sab update the data at least every five years. be held on March 29, 2013, from 1:00 product.nsf/fedrgstr_activites/ CARB reaffirmed their commitment to p.m. to 4:00 p.m. Perchlorate%20MCLG%20Approaches keeping the latest planning assumptions ADDRESSES: The public teleconference will be conducted by telephone only. ?OpenDocument. included in EMFAC updated on a three- Availability of Meeting Materials: The year cycle in the April 18, 2007 EMFAC FOR FURTHER INFORMATION CONTACT: Any agenda and other materials in support of submittal letter. The next update to the member of the public wishing to obtain the teleconference will be placed on the planning assumptions in EMFAC is general information regarding the SAB Web site at http://www.epa.gov/sab expected in 2014 or 2015 which would quality review teleconference should in advance of the teleconference. most likely also include updates to the contact Dr. Angela Nugent, Designated Procedures for Providing Public Input: emissions factors of the model as well. Federal Officer (DFO), EPA Science Public comment for consideration by Advisory Board (1400R), 1200 III. Summary of EPA Actions EPA’s federal advisory committees and Pennsylvania Avenue NW., Washington, panels has a different purpose from As described in this notice, EPA is DC 20460; via telephone/voice mail public comment provided to EPA approving EMFAC2011 as submitted by (202) 564–2218; fax (202) 565–2098 or program offices. Therefore, the process CARB on April 6, 2012 with the via email at [email protected]. for submitting comments to a federal following limitations and conditions: General information concerning the EPA advisory committee is different from the (1) The approval is limited to Science Advisory Board can be found process used to submit comments to an California. on the SAB Web site at http:// EPA program office. Federal advisory www.epa.gov/sab. committees and panels, including (2) The approval is Statewide and SUPPLEMENTARY INFORMATION: Pursuant scientific advisory committees, provide applies to estimation of emissions of to the Federal Advisory Committee Act independent advice to EPA. Members of HC, CO, NOX, PM10, PM2.5, lead, and (FACA), 5 U.S.C., App. 2, notice is the public can submit relevant sulfur oxides. However, EMFAC2011 hereby given that the EPA Science comments pertaining to the group will be used in transportation Advisory Board will hold a public providing advice, EPA’s charge conformity regional emissions analyses teleconference to conduct a quality questions and EPA review or for pollutants and precursors that are review of an SAB draft report. The SAB background documents. Input from the applicable in a given nonattainment or was established pursuant to 42 U.S.C. public to the SAB will have the most maintenance area. EPA is approving all 4365 to provide independent scientific impact if it consists of comments that components of EMFAC2011, and technical advice to the provide specific scientific or technical specifically EMFAC–SG, EMFAC–LDV Administrator on the technical basis for information or analysis for the SAB to and EMFAC–HD. EPA is also approving Agency positions and regulations. The consider or if it relates to the clarity or EMFAC2011 and the EMFAC–PL tool to SAB is a Federal Advisory Committee accuracy of the technical information. estimate project-level emissions for CO, under FACA. The SAB will comply Members of the public wishing to PM10 and PM2.5 conformity hot-spot with the provisions of FACA and all provide comment should contact the analyses. appropriate SAB Staff Office procedural DFO for the relevant advisory (3) A 6-month statewide policies. committee directly. Oral Statements: In transportation conformity grace period general, individuals or groups will be established beginning March 6, Background requesting time to make an oral 2013 and ending September 6, 2013 for Quality review is a key function of the presentation at a public SAB the transportation conformity uses chartered SAB. Draft reports prepared teleconference will be limited to three described in (2) above. by SAB committees, panels, or work minutes. Those interested in being

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placed on the public speakers list for the DATES: The meeting will be held on Bldg., Rm. 3334, 1301 Constitution Ave. March 29, 2013 teleconference should Monday, April 22, 2013, from 8:30 a.m. NW., Washington, DC 20460–0001. The contact Dr. Nugent at the contact to 5 p.m. and 8:30 a.m. to noon on Public Reading Room is open from 8:30 information provided above by March Tuesday, April 23, 2013. a.m. to 4:30 p.m., Monday through 22, 2013. Written Statements: Written To request accommodation of a Friday, excluding legal holidays. The statements should be supplied to the disability, please contact the person telephone number for the Public DFO via email to listed under FOR FURTHER INFORMATON Reading Room is (202) 566–1744, and [email protected] by March 22, CONTACT, preferably at least 10 days the telephone number for the OPP 2013. Written statements should be prior to the meeting, to give EPA as Docket is (703) 305–5805. Please review supplied in one of the following much time as possible to process your the visitor instructions and additional acceptable file format: Adobe Acrobat request. information about the docket available PDF, MS Word, MS PowerPoint, or Rich ADDRESSES: The meeting will be held at at http://www.epa.gov/dockets. Text files in IBM–PC/Windows 98/ EPA, One Potomac Yard (South Bldg.), 2000/XP format). It is the SAB Staff 2777 Crystal Dr., Arlington VA, 1st II. Tentative Agenda Topics Office general policy to post written Floor South Conference Room. 1. Bee Inspection Guidance. comments on the Web page for the FOR FURTHER INFORMATION CONTACT: Ron advisory meeting or teleconferences. Kendall, Field External Affairs Division 2. Pesticide use/misuse in marijuana Submitters are requested to provide an (7506P), Office of Pesticide Programs, production activities that are legal unsigned version of each document Environmental Protection Agency, 1200 under state law where the production because the SAB Staff Office does not Pennsylvania Ave. NW., Washington, occurs. publish documents with signatures on DC 20460–0001; telephone number: 3. Insect Repellency Mark Update. its web sites. Members of the public (703) 305–5561; fax number: (703) 305– 4. EPA’s Drift Reduction Technology should be aware that their personal 5884; email address: contact information, if included in any [email protected]. or Grier Stayton, program. written comments, may be posted to the SFIREG Executive Secretary, P.O. Box 5. National Pesticide Information SAB Web site. Copyrighted material will 466, Milford, DE 19963; telephone Center reporting to State Lead Agency’s not be posted without explicit number: (302) 422–8152; fax (302) 422– (SLA’s) when off label use is evident. permission of the copyright holder. 2435; email address: aapco- 6. Status of the implementation of the Accessibility: For information on [email protected]. Globally Harmonized System (GHS) for access or services for individuals with SUPPLEMENTARY INFORMATION: the OSHA Hazard Communication disabilities, please contact Dr. Nugent, Standard (HCS) and potential impacts I. General Information as appropriate at the contact on FIFRA labeling. information provided above. To request A. Does this action apply to me? accommodation of a disability, please 7. Labeling biocide fracking fluid—the contact Dr. Nugent preferably at least 10 You may be potentially affected by biocide working panel. days prior to the teleconference, to give this action if you are interested in 8. 25(b) proposed rule POM EPA as much time as possible to process pesticide regulation issues affecting Comments. your request. States and any discussion between EPA and SFIREG on FIFRA field 9. Persistent Herbicides in Compost- Dated: February 21, 2013. implementation issues related to human Update on Lab Survey. Thomas H. Brennan, health, environmental exposure to 10. SLA enforcement cases relating to Deputy Director, EPA Science Advisory Board pesticides, and insight into EPA’s issues with non-crop terminology. Staff Office. decision-making process. You are 11. Report from Office of Civil [FR Doc. 2013–05251 Filed 3–5–13; 8:45 am] invited and encouraged to attend the Enforcement (OCE) on evidence BILLING CODE 6560–50–P meetings and participate as appropriate. collection pilot and revisions to Potentially affected entities may guidelines. include, but are not limited to: ENVIRONMENTAL PROTECTION Those persons who are or may be 12. Report from OCE on distributor AGENCY required to conduct testing of chemical label enforcement efforts. [EPA–HQ–OPP–2013–0001; FRL–9379–8] substances under the Federal Food, 13. 25(b) action plan—identifying Drug, and Cosmetics Act (FFDCA), or OPP contact and coordination of SLA SFIREG Full Committee; Notice of the Federal Insecticide, Fungicide, and activity. Public Meeting Rodenticide Act (FIFRA) and those who sell, distribute or use pesticides, as well III. How can I request to participate in AGENCY: Environmental Protection as any non-government organization. this meeting? Agency (EPA). If you have any questions regarding This meeting is open for the public to ACTION: Notice. the applicability of this action to a particular entity, consult the person attend. You may attend the meeting without further notification. SUMMARY: The Association of American listed under FOR FURTHER INFORMATION Pesticide Control Officials (AAPCO)/ CONTACT. List of Subjects State FIFRA Issues Research and Evaluation Group (SFIREG), Pesticide B. How can I get copies of this document Environmental protection. Operations and Management (POM) and other related information? Dated: February 20, 2013. Committee will hold a 2-day meeting, The docket for this action, identified beginning on April 22, 2013, and ending by docket ID number EPA–HQ–OPP– Jay Ellenberger, April 23, 2013. This notice announces 2013–0001 is available at http:// Acting Director, Field External Affairs the location and times for the meeting www.regulations.gov, or at the Office of Division, Office of Pesticide Programs. and sets forth the tentative agenda Pesticide Programs Regulatory Public [FR Doc. 2013–05093 Filed 3–5–13; 8:45 am] topics. Docket Center (EPA/DC), EPA West BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Standards (January 2013). These draft advice to EPA. Members of the public AGENCY letters are being prepared as part of can submit relevant comments for a CASAC’s review of the National federal advisory committee to consider [FRL—9788–1] Ambient Air Quality Standards pertaining to EPA’s charge to the panel Notification of a Public Teleconference (NAAQS) for lead. The CASAC will or meeting materials. Input from the of the Clean Air Scientific Advisory comply with the provisions of FACA public to the CASAC will have the most Committee and all appropriate SAB Staff Office impact if it provides specific scientific procedural policies. Section 109(d)(1) of or technical information or analysis for AGENCY: Environmental Protection the CAA requires that the Agency CASAC panels to consider or if it relates Agency (EPA). periodically review and revise, as to the clarity or accuracy of the ACTION: Notice. appropriate, the air quality criteria and technical information. Members of the the NAAQS for the six ‘‘criteria’’ air public wishing to provide comment SUMMARY: The EPA Science Advisory pollutants, including lead. EPA is should contact the DFO directly. Board (SAB) Staff Office announces a currently reviewing the primary (health- public teleconference of the Clean Air based) and secondary (welfare-based) Oral Statements: In general, Scientific Advisory Committee (CASAC) NAAQS for lead. The CASAC Lead individuals or groups requesting an oral to review its draft letters on EPA’s Review Panel previously reviewed presentation will be limited to three Integrated Science Assessment for Lead EPA’s first external review draft of the minutes for public teleconferences. (Third External Review Draft— Integrated Science Assessment for Lead Interested parties should contact Dr. November 2012) and EPA’s Policy (May 2011) as reported in a CASAC Holly Stallworth, DFO, in writing Assessment for the Review of the Lead letter to the EPA Administrator, dated (preferably via email) at the contact National Ambient Air Quality December 9, 2011 (EPA–CASAC–12– information noted above by May 1, Standards (First External Review 002) and previously reviewed EPA’s 2013, to be placed on the list of public Draft—January 2013). second external review draft of the speakers for the public teleconference. DATES: The CASAC will hold a Integrated Science Assessment for Lead Written Statements: Written statements teleconference on Wednesday, May 8, (February 2012) as reported in a CASAC should be supplied to Dr. Holly 2013, from 1:00 p.m. to 3:00 p.m. letter to the EPA Administrator, dated Stallworth, DFO, via email at the (Eastern Time). July 20, 2012 (EPA–CASAC–12–005). contact information noted above by May ADDRESSES: The CASAC public The CASAC Lead Review Panel met in 1, 2013 for the public teleconference. teleconference will take place via a face-to-face meeting on February 5–6, Written statements should be supplied 2013 to review EPA’s third external telephone only. in one of the following electronic review draft of the Integrated Science FOR FURTHER INFORMATION CONTACT: Any formats: Adobe Acrobat PDF, MS Word, Assessment for Lead (November 2012) member of the public who wants further MS PowerPoint, or Rich Text files in and EPA’s first external review draft of information concerning the CASAC’s IBM–PC/Windows 98/2000/XP format. public teleconference may contact Dr. the Policy Assessment for the Review of the Lead National Ambient Air Quality It is the SAB Staff Office general policy Holly Stallworth, Designated Federal to post written comments on the Web Officer (DFO) via telephone at (202) Standards (January 2013). Technical Contacts: Any technical page for advisory meetings or 564–2073 or email at questions concerning the Integrated teleconferences. Submitters are [email protected]. General Science Assessment for Lead (Third requested to provide an unsigned information concerning the CASAC can External Review Draft—November 2012) version of each document because the be found on the EPA Web site at should be directed to Dr. Ellen Kirrane SAB Staff Office does not publish http://www.epa.gov/casac. ([email protected]) and technical documents with signatures on its Web SUPPLEMENTARY INFORMATION: The questions concerning the Policy sites. Members of the public should be CASAC was established pursuant to the Assessment for the Review of the Lead aware that their personal contact Clean Air Act (CAA) Amendments of National Ambient Air Quality information, if included in any written 1977, codified at 42 U.S.C. 7409D(d)(2), Standards (First External Review comments, may be posted to the CASAC to provide advice, information, and Draft—January 2013) should be directed Web site. Copyrighted material will not recommendations to the Administrator to Dr. Deirdre Murphy be posted without explicit permission of on the scientific and technical aspects of ([email protected]). the copyright holder. issues related to the criteria for air Availability of Meeting Materials: quality standards, research related to air Prior to the teleconference, CASAC’s Accessibility: For information on quality, sources of air pollution, and the draft letters, the agenda and other access or services for individuals with strategies to attain and maintain air materials will be accessible through the disabilities, please contact Dr. Holly quality standards and to prevent calendar link on the blue navigation bar Stallworth at (202) 564–2073 or significant deterioration of air quality. at http://www.epa.gov/casac/. [email protected]. To request The CASAC is a Federal Advisory Procedures for Providing Public Input: accommodation of a disability, please Committee chartered under the Federal Public comment for consideration by contact Dr. Holly Stallworth preferably Advisory Committee Act (FACA), 5 EPA’s federal advisory committees and at least ten days prior to the public U.S.C., App. 2. Pursuant to FACA and panels has a different purpose from meeting and/or teleconference to give EPA policy, notice is hereby given that public comment provided to EPA EPA as much time as possible to process the CASAC will hold a public program offices. Therefore, the process your request. teleconference review its draft letters on for submitting comments to a federal Dated: February 25, 2013. EPA’s third external review draft of the advisory committee is different from the Integrated Science Assessment for Lead process used to submit comments to an Thomas H. Brennan, (November 2012) and EPA’s first EPA program office. Deputy Director, EPA Science Advisory Board external review draft of the Policy Federal advisory committees and Staff Office. Assessment for the Review of the Lead panels, including scientific advisory [FR Doc. 2013–05221 Filed 3–5–13; 8:45 am] National Ambient Air Quality committees, provide independent BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION I. General Information vii. Explain your views as clearly as possible, avoiding the use of profanity AGENCY A. Does this action apply to me? or personal threats. You may be potentially affected by [EPA–HQ–OPP–2013–0025; FRL–9379–3] viii. Make sure to submit your this action if you are an agricultural comments by the comment period Notice of Receipt of Pesticide producer, food manufacturer, or deadline identified. pesticide manufacturer. The following Products; Registration Applications To II. Registration Applications Register New Uses list of North American Industrial Classification System (NAICS) codes is EPA has received applications to AGENCY: Environmental Protection not intended to be exhaustive, but rather register new uses for pesticide products Agency (EPA). provides a guide to help readers containing currently registered active ingredients. Pursuant to the provisions ACTION: Notice. determine whether this document applies to them. Potentially affected of FIFRA section 3(c)(4), EPA is hereby SUMMARY: This notice announces receipt entities may include: providing notice of receipt and • Crop production (NAICS code 111). opportunity to comment on these of applications to register new uses for • pesticide products containing currently Animal production (NAICS code applications. Notice of receipt of these 112). applications does not imply a decision registered active ingredients pursuant to • the provisions of section 3(c) of the Food manufacturing (NAICS code by the Agency on these applications. 311). For actions being evaluated under the Federal Insecticide, Fungicide, and • Rodenticide Act (FIFRA), as amended. Pesticide manufacturing (NAICS Agency’s public participation process This notice provides the public with an code 32532). for registration actions, there will be an opportunity to comment on the B. What should I consider as I prepare additional opportunity for a 30-day applications. my comments for EPA? public comment period on the proposed decision. Please see the Agency’s public DATES: Comments must be received on 1. Submitting CBI. Do not submit this participation Web site for additional or before April 5, 2013. information to EPA through information on this process (http:// regulations.gov or email. Clearly mark ADDRESSES: Submit your comments, www.epa.gov/pesticides/regulating/ the part or all of the information that identified by docket identification (ID) registration-public-involvement.html). you claim to be CBI. For CBI number and the EPA Registration EPA received the following applications information in a disk or CD–ROM that Number or EPA File Symbol of interest to register new uses for pesticide you mail to EPA, mark the outside of the as shown in the body of this document, products containing currently registered disk or CD–ROM as CBI and then by one of the following methods: active ingredients: • identify electronically within the disk or Federal eRulemaking Portal: http:// CD–ROM the specific information that 1. EPA Registration Numbers: 100–617 and 100–618. Docket ID Number: EPA–HQ–OPP– www.regulations.gov. Follow the online is claimed as CBI. In addition to one instructions for submitting comments. 2013–0051. Applicant: Syngenta Crop complete version of the comment that Protection LLC, P.O. Box 18300, Greensboro, Do not submit electronically any includes information claimed as CBI, a information you consider to be NC 27419–8300. Active Ingredient: copy of the comment that does not Propiconazole. Product Type: Fungicide. Confidential Business Information (CBI) contain the information claimed as CBI Proposed Use: Rapeseed subgroup 20A. or other information whose disclosure is must be submitted for inclusion in the Contact: Erin Malone, (703) 347–0253, email restricted by statute. public docket. Information so marked address: [email protected]. • Mail: OPP Docket, Environmental will not be disclosed except in 2. EPA Registration Number: 264–1065. Protection Agency Docket Center (EPA/ accordance with procedures set forth in Docket ID Number: EPA–HQ–OPP–2012– DC), (28221T), 1200 Pennsylvania Ave. 0107. Applicant: Bayer CropScience, P.O. 40 CFR part 2. Box 12014, 2 T.W. Alexander Drive, Research NW., Washington, DC 20460–0001. 2. Tips for preparing your comments. • Triangle Park, NC 27709. Active Ingredient: Hand Delivery: To make special When submitting comments, remember Spirotetramat. Product Type: Insecticide. arrangements for hand delivery or to: Proposed Uses: Banana and plantain; delivery of boxed information, please i. Identify the document by docket ID bushberry subgroup, crop subgroups 13–07B follow the instructions at http:// number and other identifying and 13–07H including aronia berry, www.epa.gov/dockets/contacts.htm. information (subject heading, Federal bearberry, bilberry, blueberry (highbush and Additional instructions on Register date and page number). lowbush), Chilean guava, cloudberry, commenting or visiting the docket, ii. Follow directions. The Agency may cranberry, currant (black, buffalo, native, and red), elderberry, European barberry, along with more information about ask you to respond to specific questions or organize comments by referencing a gooseberry, edible honeysuckle, jostaberry, dockets generally, is available at juneberry, muntries, lingonberry, http://www.epa.gov/dockets. Code of Federal Regulations (CFR) part partridgeberry, salal, sea buckthorn, or section number. FOR FURTHER INFORMATION CONTACT: A including cultivars, varieties and/or hybrids iii. Explain why you agree or disagree; of these; additional citrus fruits, crop group contact person is listed at the end of suggest alternatives and substitute each registration application summary 10–10 including Australian lime (desert, language for your requested changes. finger, and round), Brown River finger lime, and may be contacted by telephone, iv. Describe any assumptions and Japanese summer grapefruit, Mediterranean email, or mail. Mail correspondence to provide any technical information and/ mandarin, Mount White lime, New Guinea the Registration Division (7505P), Office or data that you used. wild lime, Russell River lime, sweet lime, of Pesticide Programs, Environmental v. If you estimate potential costs or tachibana orange, Tahiti lime, trifoliate Protection Agency, 1200 Pennsylvania burdens, explain how you arrived at orange, uniq fruit including cultivars, varieties, and/or hybrids of these; coffee; Ave. NW., Washington, DC 20460–0001. your estimate in sufficient detail to As part of the mailing address, include pineapple; additional pome fruits, crop group allow for it to be reproduced. 11–10 including azarole, Chinese quince, the contact person’s name, division, and vi. Provide specific examples to mail code. Japanese quince, medlar, tejocote including illustrate your concerns and suggest cultivars, varieties, and/or hybrids of these; SUPPLEMENTARY INFORMATION: alternatives. pomegranate; bulb vegetables, crop subgroup

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3–07A including daylily (bulb), fritillaria ENVIRONMENTAL PROTECTION Dated: February 26, 2013. (bulb), garlic (bulbs of common, great- AGENCY Richard P. Keigwin, Jr., headed, serpent), lily (bulb), onion (bulbs of Director, Pesticide Re-Evaluation Division, common, Chinese, pearl, potato), shallot Office of Pesticide Programs. (bulb) plus cultivars, varieties and/or hybrids [EPA–HQ–OPP–2008–0850; FRL–9380–7] [FR Doc. 2013–05094 Filed 3–5–13; 8:45 am] of these; bulb vegetables, crop subgroup 3– Chlorpyrifos Registration Review; BILLING CODE 6560–50–P 07B including Chinese chive (fresh leaves), chive (fresh leaves), elegans hosta, fritillaria Preliminary Volatilization Assessment; (leaves), kurrat, leek, wild leek, lady’s leek, Extension of Comment Period Beltsville bunching onion, fresh onion, green ENVIRONMENTAL PROTECTION onion, macrostem onion, tree onion tops, AGENCY: Environmental Protection AGENCY Welsh onion tops, shallot fresh leaves plus Agency (EPA). [EPA–HQ–OPP–2012–0907; FRL–9379–5] cultivars, varieties and/or hybrids of these; ACTION: Notice; extension of comment additional fruiting vegetables, crop group 8– period. Cyromazine, Silica Silicates (Silica 10 including African eggplant, bush tomato, Dioxide and Silica Gel), Glufosinate cocona, currant tomato, garden huckleberry, SUMMARY: EPA issued a notice in the Ammonium, Dioctyl Sodium goji berry, martynia, naranjilla, okra, pea Sulfosuccinate (DSS) and Undecylenic eggplant, roselle, scarlet eggplant, sunberry, Federal Register issue of February 6, 2013, concerning Chlorpyrifos Acid (UDA) Registration Review; Draft tree tomato, pepper (cayenne, chili, Human Health and Ecological Risk habanero, jalapeno, pablano, pimento, Registration Review; Preliminary serrano), including cultivars, varieties and/or Evaluation of the Potential Risk From Assessments; Notice of Availability hybrids of these; globe artichoke; taro leaves; Volatilization. This document extends AGENCY: Environmental Protection and watercress. Contact: Rita Kumar, (703) the comment period for 60 days, from Agency (EPA). 308–8291, email address: March 8, 2013 to May 7, 2013. [email protected]. ACTION: Notice. 3. EPA Registration Numbers: 279–3052 DATES: Comments, identified by docket SUMMARY: and 279–3158. Docket ID Number: EPA–HQ– identification (ID) number EPA–HQ– This notice announces the OPP–2013–0056. Applicant: FMC OPP–2008–0850, must be received on or availability of EPA’s draft human health Corporation, 1735 Market Street, before May 7, 2013. and ecological risk assessments for the Philadelphia, PA 19103. Active Ingredient: registration review of cyromazine, silica ADDRESSES: Clomazone. Product Type: Herbicide. Follow the detailed silicates (silica dioxide and silica gel), Proposed Uses: Brassica, head and stem, instructions as provided under glufosinate ammonium, dioctyl sodium subgroup 5A; rhubarb, and southern pea. ADDRESSES in the Federal Register sulfosuccinate (DSS) and undecylenic Contact: Erik Kraft, (703) 308–9358, email document of February 6, 2013. acid (UDA) and opens a public address: [email protected]. FOR FURTHER INFORMATION CONTACT: Joel comment period on these documents. 4. EPA Registration Numbers: 400–436 Wolf, Pesticide Re-Evaluation Division Registration review is EPA’s periodic (technical), 400–518, and 400–521. Docket ID review of pesticide registrations to Number: EPA–HQ–OPP–2012–0949. (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 ensure that each pesticide continues to Applicant: Chemtura Corporation, 199 satisfy the statutory standard for Benson Road, Middlebury, CT 06749. Active Pennsylvania Ave. NW., Washington, registration, that is, the pesticide can ingredient: Triflumizole. Product Type: DC 20460–0001; telephone number: Fungicide. Proposed Uses: Tomato; Pome (703) 347–0228; email address: perform its intended function without Fruit, Group 11–10; Small Fruit, Vine [email protected]. unreasonable adverse effects on human Climbing, except Fuzzy Kiwifruit, Subgroup health or the environment. As part of 13–07F; and Low Growing Berry, Subgroup SUPPLEMENTARY INFORMATION: This the registration review process, the 13–07G. Contact: Tamue L. Gibson, (703) document extends the public comment Agency has completed draft risk 305–9096, email address: period established in the Federal assessments for each of the subject [email protected]. Register issue of February 6, 2013 (78 chemicals and is making them available 5. EPA Registration Numbers: 62719–373 FR 8522) (FRL–9376–5). In that for public comment. After reviewing (technical), 62719–374 (MUP) and 62719– document, EPA announced the comments received during the public 375. Docket ID Number: EPA–HQ–OPP– availability for public comment of its comment period, EPA will issue a 2012–0911. Applicant: Chemtura preliminary volatilization assessment revised risk assessment, if appropriate, Corporation, 199 Benson Road, Middlebury, for the registration review of explain any changes to the draft risk CT 06749. Active Ingredient: Quinoxyfen. chlorpyrifos. EPA received requests assessment, and respond to comments Product Type: Insecticide. Proposed Uses: from several commenters to extend the Fruiting Vegetable, Group 8–10; Small Fruit, and may request public input on risk Vine Climbing, except Fuzzy Kiwifruit, comment period. EPA is hereby mitigation. Through this program, EPA Subgroup 13–07F; and Low Growing Berry, extending the comment period, which is ensuring that each pesticide’s Subgroup 13–07G. Contact: Tamue L. Gibson, was set to end on March 8, 2013, to May registration is based on current (703) 305–9096, email address: 7, 2013. scientific and other knowledge, [email protected]. To submit comments, or access the including its effects on human health docket, please follow the detailed and the environment. List of Subjects instructions as provided under DATES: Comments must be received on ADDRESSES in the February 6, 2013 or before May 6, 2013. Environmental protection, Pesticides Federal Register document. If you have and pest. ADDRESSES: Submit your comments, questions, consult the person listed identified by the docket identification Dated: February 22, 2013. under FOR FURTHER INFORMATION (ID) number for the specific pesticide of Daniel J. Rosenblatt, CONTACT. interest provided in the table in Unit Acting Director, Registration Division, Office List of Subjects III., by one of the following methods: of Pesticide Programs. • Federal eRulemaking Portal: http:// [FR Doc. 2013–05091 Filed 3–5–13; 8:45 am] Environmental protection, www.regulations.gov. Follow the online BILLING CODE 6560–50–P Chlorpyrifos, Pesticides, Pests. instructions for submitting comments.

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Do not submit electronically any CD–ROM the specific information that Procedural Regulations for Registration information you consider to be is claimed as CBI. In addition to one Review at 40 CFR part 155, subpart C. Confidential Business Information (CBI) complete version of the comment that Section 3(g) of FIFRA provides, among or other information whose disclosure is includes information claimed as CBI, a other things, that the registrations of restricted by statute. copy of the comment that does not pesticides are to be reviewed every 15 • Mail: OPP Docket, Environmental contain the information claimed as CBI years. Under FIFRA, a pesticide product Protection Agency Docket Center (EPA/ must be submitted for inclusion in the may be registered or remain registered DC), (28221T), 1200 Pennsylvania Ave. public docket. Information so marked only if it meets the statutory standard NW., Washington, DC 20460–0001. will not be disclosed except in for registration given in FIFRA section • Hand Delivery: To make special accordance with procedures set forth in 3(c)(5). When used in accordance with arrangements for hand delivery or 40 CFR part 2. widespread and commonly recognized delivery of boxed information, please 2. Tips for preparing your comments. practice, the pesticide product must follow the instructions at http:// When submitting comments, remember perform its intended function without www.epa.gov/dockets/contacts.htm. to: unreasonable adverse effects on the Additional instructions on i. Identify the document by docket ID environment; that is, without any commenting or visiting the docket, number and other identifying unreasonable risk to man or the along with more information about information (subject heading, Federal environment, or a human dietary risk dockets generally, is available at http:// Register date and page number). from residues that result from the use of www.epa.gov/dockets. ii. Follow directions. The Agency may a pesticide in or on food. FOR FURTHER INFORMATION CONTACT: For ask you to respond to specific questions III. Registration Reviews information about a particular pesticide or organize comments by referencing a included in this document, contact the Code of Federal Regulations (CFR) part What action is the agency taking? Chemical Review Manager identified in or section number. iii. Explain why you agree or disagree; As directed by FIFRA section 3(g), the table in Unit III. for the pesticide of EPA is reviewing the pesticide interest. suggest alternatives and substitute language for your requested changes. registrations for cyromazine, silica For general questions on the silicates, glufosinate ammonium, DSS, registration review program, contact: iv. Describe any assumptions and provide any technical information and/ and UDA to ensure that they continue Jane Scott-Smith, Pesticide Re- to satisfy the FIFRA standard for evaluation Division (7508P), Office of or data that you used. v. If you estimate potential costs or registration—that is, that these Pesticide Programs, Environmental pesticides can still be used without Protection Agency, 1200 Pennsylvania burdens, explain how you arrived at your estimate in sufficient detail to unreasonable adverse effects on human Ave. NW., Washington, DC 20460–0001; health or the environment. telephone number: (703) 308–0048; fax allow for it to be reproduced. vi. Provide specific examples to At this stage in the registration review number: (703) 305–8005; email address: process, consistent with the notice [email protected]. illustrate your concerns and suggest alternatives. published in the Federal Register of SUPPLEMENTARY INFORMATION: vii. Explain your views as clearly as August 17, 2012, (77 FR 49792) (FRL– I. General Information possible, avoiding the use of profanity 9356–5), jointly developed with the U.S. or personal threats. Department of Agriculture (USDA), the A. Does this action apply to me? viii. Make sure to submit your National Marine Fisheries Service This action is directed to the public comments by the comment period (NMFS) and the U.S. Fish and Wildlife in general, and may be of interest to a deadline identified. Service (USFWS) (‘‘the Services’’) to wide range of stakeholders including 3. Environmental justice. EPA seeks to enhance opportunities for stakeholder environmental, human health, farm achieve environmental justice, the fair input during pesticide registration worker, and agricultural advocates; the treatment and meaningful involvement reviews and endangered species chemical industry; pesticide users; and of any group, including minority and/or consultations, draft environmental risk members of the public interested in the low income populations, in the assessments include a screening-level sale, distribution, or use of pesticides. development, implementation, and evaluation of the potential risks to Since others also may be interested, the enforcement of environmental laws, Federally endangered and threatened Agency has not attempted to describe all regulations, and policies. To help species (hereafter referred to as ‘‘listed the specific entities that may be affected address potential environmental justice species’’). EPA intends to complete a by this action. If you have any questions issues, the Agency seeks information on refined assessment of potential risks to regarding the applicability of this action any groups or segments of the individual listed species, as needed. to a particular entity, consult the population who, as a result of their The refined listed species assessments Chemical Review Manager identified in location, cultural practices, or other will be based on the recommendations the table in Unit III. for the pesticide of factors, may have atypical or of the National Research Council (NRC), interest. disproportionately high and adverse which has been tasked with providing human health impacts and/or advice on ecological risk assessment B. What should I consider as I prepare environmental effects from exposure to tools and scientific approaches in my comments for EPA? the pesticides discussed in this developing listed species risk 1. Submitting CBI. Do not submit this document, compared to the general assessments that are compliant with information to EPA through population. both FIFRA and the Endangered Species regulations.gov or email. Clearly mark Act (ESA). EPA anticipates that the NRC the part or all of the information that II. Authority report, expected in spring 2013, will you claim to be CBI. For CBI EPA is conducting its registration provide recommendations to ensure information in a disk or CD–ROM that review of the pesticides identified in scientific soundness and maximize the you mail to EPA, mark the outside of the this document pursuant to section 3(g) utility of risk assessment refinements for disk or CD–ROM as CBI and then of the Federal Insecticide, Fungicide, listed species. Additional information identify electronically within the disk or and Rodenticide Act (FIFRA) and the can be found at the following Web site:

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http://www.nationalacademies.org/cp/ review process and opportunities for The Agency will consider all projectview.aspx?key=49396. Useful early mitigation exist, the Agency may comments received during the public refinements to the listed species pursue those opportunities as they arise, comment period and make changes, as assessments are expected to include, but rather then waiting for completion of a appropriate, to the draft human health not be limited to, the following: (1) chemical’s registration review in order and ecological risk assessments. EPA More detailed, species-specific to mitigate risks. The public comment will then issue revised risk assessments, ecological and biological data; (2) more period for the draft risk assessments if appropriate, and explain any changes detailed and accurate information on allows members of the public to provide to the draft risk assessments, and chemical use patterns; and (3) sub- comments and suggestions for revising respond to comments. In the Federal county level spatial proximity data the draft risk assessments and for Register notice announcing the depicting the co-occurrence of potential reducing risks. availability of the revised risk effects and listed species and any Pursuant to 40 CFR 155.53(c), EPA is designated critical habitat. providing an opportunity, through this assessments, if any of the revised risk If, in the event that a draft risk notice of availability, for interested assessments indicate risks of concern, assessment shows risks of concern to parties to provide comments and input the Agency may provide a comment human health or the environment for a concerning the Agency’s draft human period for the public to submit specific chemical, EPA reserves the health and ecological risk assessments suggestions for mitigating the risks right to initiate mitigation at this stage for cyromazine, silica silicates, identified in those revised risk of registration review. This effort to glufosinate ammonium, DSS, and UDA. assessments. At present, EPA is mitigate a chemical’s risks early in the Such comments and input could releasing registration review draft risk registration review process is consistent address, among other things, the assessments for the pesticide cases with the Agency’s approach for Agency’s risk assessment methodologies identified in the following table and registration review. Where risks are and assumptions, as applied in these further described after the table. identified early in the registration draft risk assessments.

TABLE—REGISTRATION REVIEW DRAFT RISK ASSESSMENTS

Chemical review manager, tele- Registration review case name and number Pesticide docket ID No. phone number, and Email address

Cyromazine, Case # 7439 ...... EPA–HQ–OPP–2006–0108 ...... Kelly Ballard, (703) 305–8126, [email protected]. Dioctyl sodium sulfosuccinate, Case# 4029 ...... EPA–HQ–OPP–2010–1006 ...... Garland Waleko, (703) 308–8049, [email protected]. Glufosinate Ammonium, ...... EPA–HQ–OPP–2008–0190 ...... Katie Weyrauch, Case# 7224 ...... (703) 308–0166, [email protected]. Silica Silicates, Case# 4081 ...... EPA–HQ–OPP–2007–1140 ...... Laura Parsons, (703) 305–5776, [email protected]. Undecylenic acid, Case# 4095 ...... EPA–HQ–OPP–2011–0910 ...... Garland Waleko, (703) 308–8049, [email protected].

Cyromazine areas that will reduce the uncertainties ecological risks, including listed species The registration review docket for associated with the characterization of for DSS. risk to listed species identified in the cyromazine (EPA–HQ–OPP–2006–0108) Glufosinate Ammonium opened in a notice published in the current assessment. Federal Register of March 28, 2007 (72 Dioctyl Sodium Sulfosuccinate (DSS) The registration review docket for FR 14548) (FRL–8118–3). Cyromazine, glufosinate ammonium (EPA–HQ–OPP– an insecticide/larvicide, is a member of The registration review docket for 2008–0190) opened in a notice the triazine class of chemicals registered DSS (EPA–HQ–OPP–2010–1006) published in the Federal Register of for use on a variety of agricultural food opened in a notice published in the March 26, 2008 (73 FR 16011) (FRL– crop as well as non-food uses such as Federal Register of December 22, 2010 8356–4). Glufosinate ammonium is an landscape and greenhouse ornamentals. (75 FR 80496) (FRL–8857–6). DSS is herbicide that acts by inhibiting For cyromazine, the Agency has registered as an insecticide in pet glutamine synthetase, which leads to conducted a human health risk shampoos and spray products in poisoning in plants via the assessment for both dietary (food and combination with undecylenic acid. overproduction of ammonia. Glufosinate drinking water) and occupational There are no food uses and, thus, no ammonium is registered for use on a exposure pathways. The Agency has tolerances are established. DSS is also variety of food crops, and is registered also conducted an ecological risk used as an inert ingredient in several for use on non-crop areas such as golf assessment, which includes a screening- end-use pesticide products, course turf and spot treatments on level listed species assessment. EPA disinfectants and sanitizers, and as a residential lawns. To support the acknowledges that further refinements wetting agent in industrial, drug, registration review of glufosinate to the listed species assessment will be cosmetic, and food products. The ammonium, the Agency has conducted completed in future revisions and Agency has conducted a qualitative a human health risk assessment via a requests public comment on specific assessment of both human health and new use risk assessment for citrus,

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pome, and stone fruits completed July (76 FR 79173) (FRL–9329–7). UDA is on the registration review case have 25, 2012, and an addendum completed registered as an insecticide in pet been completed. on January 24, 2013, that addresses shampoos and spray products in List of Subjects other scenarios not covered in the July combination with dioctyl sodium 25, 2012 new use assessment. The sulfosuccinate (DSS). There are no food Environmental protection, Pesticides Agency has also conducted an uses and, thus, no tolerances are and pests, cyromazine, silica silicates ecological risk assessment, which established. UDA is approved by the (silica dioxide and silica gel), includes a screening-level listed species U.S. Food and Drug Administration glufosinate ammonium (glufosinate), assessment. EPA acknowledges that (FDA) as an active ingredient in over the dioctyl sodium sulfosuccinate (DSS), further refinements to the listed species counter anti-fungal products, and it is and undecylenic acid (UDA), draft risk assessment will be completed in future also used as a flavoring agent. EPA has assessments. revisions and requests public comment conducted a qualitative assessment for Dated: Feburary 26, 2013. on specific areas that will reduce the both human health and ecological risks, Richard P. Keigwin, Jr., uncertainties associated with the including listed species for UDA. characterization of risk to listed species Director, Pesticide Re-evaluation Division, 1. Other related information. Office of Pesticide Programs. identified in the current assessment. Additional information on cyromazine, [FR Doc. 2013–05246 Filed 3–5–13; 8:45 am] Silica Silicates silica silicates, glufosinate ammonium, DSS, and UDA is available on the BILLING CODE 6560–50–P The registration review docket for chemical pages for these pesticides in silica silicates (EPA–HQ–OPP–2007– Chemical Search, http://www.epa.gov/ 1140) opened in a notice published in ENVIRONMENTAL PROTECTION pesticides/chemicalsearch/, and in each AGENCY the Federal Register of March 26, 2008 chemical’s individual docket listed in (73 FR 16011) (FRL–8356–4). Silica Table in Unit III. Information on the silicates, silicon dioxide and silica gel, Agency’s registration review program [FRL 9788–2; CERCLA–04–2013–3754] are insecticides and acaracides used in and its implementing regulation is Ward Transformer Superfund Site; controlling insects at indoor and available at http://www.epa.gov/ outdoor sites including a variety of Raleigh, Wake County, NC; Notice of oppsrrd1/registration_review/. crops. Silicon dioxide is diatomaceous Settlement 2. Information submission earth, a naturally-occurring material requirements. Anyone may submit data composed of the shells of minute, AGENCY: Environmental Protection or information in response to this single-celled algae. Silica gel is an Agency. document. To be considered during a amorphous form of silicon dioxide. ACTION: pesticide’s registration review, the Notice of settlement. Because of their abrasive characteristics, submitted data or information must both active ingredients affect insects by SUMMARY: Under 122(g)(4) of the meet the following requirements: removing the oily protective film • Comprehensive Environmental covering their bodies which normally To ensure that EPA will consider Response, Compensation and Liability prevents the loss of water, leading to data or information submitted, Act (CERCLA), the United States death by desiccation. The qualitative interested persons must submit the data Environmental Protection Agency has human health risk assessment or information during the comment entered into a settlement at the Ward conducted for the 1991 reregistration period. The Agency may, at its Transformer Superfund Site located in eligibility decision (RED) is still discretion, consider data or information Raleigh, Wake County, North Carolina. considered to be an adequate analysis of submitted at a later date. • Under the terms of the De Minimis potential risks to humans. No new The data or information submitted Landowner Settlement Agreement B&B human health toxicology or exposure must be presented in a legible and Apartments, LLC, agrees to sell the data were required or are available for useable form. For example, an English property and B&B Apartments, LLC, and silica silicates; therefore, a new human translation must accompany any Estes Express Lines, Inc., agree to health risk assessment was not material that is not in English and a provide access, implement/comply with necessary to be completed for written transcript must accompany any institutional controls, and exercise due registration review nor is one being information submitted as an care and cooperation for such time as made available for comment at this audiographic or videographic record. they own or lease the property in time. Further, due to low toxicity, and Written material may be submitted in exchange for the covenant not to sue the fact that silica silicates naturally paper or electronic form. • and contribution protection provided in occur in the environment, the Agency Submitters must clearly identify the the Settlement Agreement. has conducted a qualitative ecological source of any submitted data or DATES: The Agency will consider public risk assessment for non-target terrestrial information. comments on the settlement until April species. EPA acknowledges that further • Submitters may request the Agency 5, 2013. The Agency will consider all refinements to the listed species to reconsider data or information that comments received and may modify or assessment will be completed in future the Agency rejected in a previous withdraw its consent to the settlement revisions and requests public comment review. However, submitters must if comments received disclose facts or on specific areas that will reduce the explain why they believe the Agency considerations which indicate that the uncertainties associated with the should reconsider the data or settlement is inappropriate, improper, characterization of risk to listed species information in the pesticide’s or inadequate. identified in the current assessment. registration review. As provided in 40 CFR 155.58, the ADDRESSES: Copies of the settlement are Undecylenic Acid (UDA) registration review docket for each available from EPA Region 4 contact Ms. The registration review docket for pesticide case will remain publicly Paula V. Painter. Submit your comments UDA (EPA–HQ–OPP–2011–0910) accessible through the duration of the by Site name Ward Transformer opened in a notice published in the registration review process; that is, until Superfund Site by one of the following Federal Register of December 21, 2011 all actions required in the final decision methods:

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• www.epa.gov/region4/superfund/ to Jean Fitzgibbon, Export-Import Bank PUBLIC PARTICIPATION: The meeting will programs/enforcement/ of the United States, 811 Vermont Ave., be open to public participation, and the enforcement.html NW., Washington, DC 20571. last 10 minutes will be set aside for oral • Email. [email protected] SUPPLEMENTARY INFORMATION: questions or comments. Members of the • U.S. Environmental Protection Titles and Form Number: EIB 92–51 public may also file written statement(s) Agency, Attn: Paula V. Painter, Application for Special buyer credit before or after the meeting. Superfund Division, 61 Forsyth Street Limit Multi-buyer Credit Insurance If members of the public wishes to SW., Atlanta, Georgia 30303. Policy attend, they must contact Niki Shepperd FOR FURTHER INFORMATION CONTACT: OMB Number: 3048–0015. by 5pm (EST) on March 19, 2013. If any Paula V. Painter at 404/562–8887. Type of Review: Regular. person wishes auxiliary aids (such as a sign language interpreter) or other Dated: February 12, 2013. Need and Use: The information requested enables the applicant to special accommodations, please contact, Anita L. Davis, provide Ex-Im Bank with the by March 19, 2013, Niki Shepperd. Niki Chief, Superfund Enforcement & Information information necessary to obtain Shepperd can be reached at: 811 Management Branch, Superfund Division. legislatively required assurance of Vermont Avenue, NW., Washington, DC [FR Doc. 2013–05244 Filed 3–5–13; 8:45 am] repayment and fulfills other statutory 20571, Voice: (202) 565–3202 or TDD BILLING CODE P requirements. (202) 565–3377. The number of respondents; 3,400. FURTHER INFORMATION: For further Estimated time per respondents: 30 information, contact Niki Shepperd, 811 EXPORT-IMPORT BANK minutes. Vermont Ave. NW., Washington, DC [Public Notice 2013–0117] The frequency of response; Annually. 20571, (202) 565–3202. Annual hour burden; 1,700 total Agency Information Collection hours. Sharon A. Whitt, Activities: Comment Request Agency Clearance Officer. Government Expenses: [FR Doc. 2013–05360 Filed 3–4–13; 4:15 pm] AGENCY: Export-Import Bank of the Reviewing time per hour ...... 1 hour. BILLING CODE 6690–01–P United States. Responses per year ...... 3,400. ACTION: Submission for OMB Review Reviewing time per year ...... 3,400 and Comments Request. hours. FEDERAL COMMUNICATIONS Average Wages per hour ...... $30.25. COMMISSION Form Title: EIB 92–51 Application for Average cost per year (time * $102,850. Special Buyer Credit Limit under the wages). Benefits and overhead ...... 28%. Information Collection Being Reviewed Multi-Buyer Export Credit Insurance by the Federal Communications Policy. Total Government Cost ..... $131,641. Commission SUMMARY: The Export-Import Bank of AGENCY: Federal Communications the United States (Ex-Im Bank), as a part Sharon A. Whitt, of its continuing effort to reduce Commission. Agency Clearance Officer. paperwork and respondent burden, ACTION: Notice and request for invites the general public and other [FR Doc. 2013–05154 Filed 3–5–13; 8:45 am] comments. Federal Agencies to comment on the BILLING CODE 6690–01–P SUMMARY: The Federal Communications proposed information collection, as Commission (FCC), as part of its required by the Paperwork Reduction EXPORT-IMPORT BANK of the UNITED continuing effort to reduce paperwork Act of 1995. STATES burdens, invites the general public and The Application for Special Buyer other Federal agencies to take this Credit Limit under the Multi-Buyer Sunshine Act Meetings opportunity to comment on the Export Credit Insurance Policy is used following information collection, as by 2,500 policyholders, the majority of ACTION: Sunshine Act Notice of Open required by the Paperwork Reduction whom are U.S. small businesses, who Meeting of the Advisory Committee of Act (PRA) of 1995. Comments are export U.S. goods and services. This the Export-Import Bank of the United requested concerning whether the application provides Ex-Im Bank with States (Ex-Im Bank). proposed collection of information is the credit information necessary to necessary for the proper performance of TIME AND PLACE: make a determination of eligibility of a Wednesday, March 20, the functions of the Commission, transaction for Ex-Im Bank support with 2013 from 11:00 a.m. to 3:00 p.m. The including whether the information shall a foreign buyer credit request and to meeting will be held at the Export- have practical utility; the accuracy of obtain legislatively required assurance Import Bank in Room 326, 811 Vermont the Commission’s burden estimate; of repayment and fulfills other statutory Avenue NW., Washington, DC 20571. ways to enhance the quality, utility, and requirements. SUMMARY: The Advisory Committee was clarity of the information collected; The application can be reviewed at: established November 30, 1983, to ways to minimize the burden of the www.exim.gov/pub/pending/eib92– advise the Export-Import Bank on its collection of information on the 51.pdf Application for Special buyer programs and to provide comments for respondents, including the use of credit Limit Multi-buyer Credit inclusion in the reports of the Export- automated collection techniques or Insurance Policy. Import Bank of the United States to other forms of information technology; DATES: Comments should be received on Congress. and ways to further reduce the or before May 6, 2013 to be assured of AGENDA: Agenda items include briefings information collection burden on small consideration. and discussions on the following topics: business concerns with fewer than 25 ADDRESSES: Comments maybe submitted Ex-Im Bank business, Ex-Im Bank employees. electronically on competitiveness report and Ex-Im The FCC may not conduct or sponsor WWW.REGULATIONS.GOV or by mail Bank’s content policy review. a collection of information unless it

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displays a currently valid control Services in the 2.3 GHz Band; maintaining inventory on a secure Web number. No person shall be subject to Establishment of Rules and Policies for site that can be accessed by authorized any penalty for failing to comply with the Digital Audio Radio Satellite Service Commission staff. a collection of information subject to the in the 2310–2360 MHz Frequency The information collection PRA that does not display a valid Office Band,’’ WT Docket No. 07–293, IB requirements contained in Section of Management and Budget (OMB) Docket No. 95–91 (FCC 12–130). 25.263 are necessary to determine the control number. On October 17, 2012, the Commission potential of radiofrequency interference DATES: Written PRA comments should adopted and released an Order on from SDARS terrestrial repeaters to be submitted on or before May 6, 2013. Reconsideration that addressed five WCS stations. Without such If you anticipate that you will be petitions for reconsideration of the 2010 information, the Commission would be submitting comments, but find it WCS R&O and SDARS 2nd R&O. The unable to fulfill its statutory difficult to do so within the period of petitions sought reconsideration or responsibilities in accordance with the time allowed by this notice, you should clarification of the Commission’s Communications Act of 1934, as advise the contact listed below as soon decisions in the 2010 WCS R&O and amended. as possible. SDARS 2nd R&O regarding the technical Federal Communications Commission. and policy rules governing the operation ADDRESSES: Direct all PRA comments to Marlene H. Dortch, of WCS stations in the 2305–2320 MHz Secretary. the Federal Communications and 2345–2360 MHz bands and the Commission via email to [email protected] operation of SDARS terrestrial repeaters [FR Doc. 2013–05197 Filed 3–5–13; 8:45 am] and [email protected]. in the 2320–2345 MHz band. BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: For As part of the Order on additional information about the Reconsideration, the Commission FEDERAL COMMUNICATIONS information collection, contact Cathy adopted proposals to relax the Williams at (202) 418–2918. notification requirements for SDARS COMMISSION SUPPLEMENTARY INFORMATION: OMB licensees under Sections 25.263(b) & (c) Information Collection Being Reviewed Approval Number: 3060–1153. of the Commission’s rules. As adopted by the Federal Communications Title: Satellite Digital Audio Radio in the 2010 WCS R&O and SDARS 2nd Commission Under Delegated Service (SDARS). R&O, Section 25.263(b) requires SDARS Authority Form Number: Not applicable. licensees to share with WCS licensees Type of Review: Revision of a certain technical information at least 10 AGENCY: Federal Communications currently approved information business days before operating a new Commission. collection. repeater, and at least 5 business days ACTION: Notice; request for comments. Respondents: Businesses or other for- before operating a modified repeater. profit entities. Under Section 25.263(c), SDARS SUMMARY: As part of its continuing effort Number of Respondents and licensees operating terrestrial repeaters to reduce paperwork burden and as Responses: 1 respondent and 54 must maintain an accurate and up-to- required by the Paperwork Reduction responses. date inventory of all terrestrial Act (PRA) of 1995 (44 U.S.C. 3501— Estimated Time per Response: 3–12 repeaters, including the information set 3520), the Federal Communications hours. forth in 25.263(c)(2) for each repeater, Commission invites the general public Frequency of Response: Annual which must be made available to the and other Federal agencies to take this reporting requirement; Recordkeeping Commission upon request. opportunity to comment on the requirement; Third-party disclosure The following modified information following information collection(s). requirement; On occasion reporting collections are contained in the Order Comments are requested concerning: requirement. on Reconsideration: whether the proposed collection of Total Annual Burden: 308 hours. 47 CFR 25.263(b)—SDARS licensees information is necessary for the proper Total Annual Costs: $97,710. are required to provide informational performance of the functions of the Nature and Extent of Confidentiality: notifications as specified in 25.263, Commission, including whether the There is no need for confidentiality with including a requirement that SDARS information shall have practical utility; this collection of information. licensees must share with WCS the accuracy of the Commission’s Obligation To Respond: Required to licensees certain technical information burden estimate; ways to enhance the obtain or retain benefits. The at least 10 business days before quality, utility, and clarity of the Commission has statutory authority for operating a new repeater, and at least 5 information collected; ways to minimize the information collection requirements business days before operating a the burden of the collection of under Sections 4, 301, 302, 303, 307, modified repeater; exempting information on the respondents, 309 and 332 of the Communications modifications that do not increase the including the use of automated Act, as amended, and 47 U.S.C. Sections predicted power flux density at ground collection techniques or other forms of 154, 301, 302a, 303, 307, 309, and 332. level by more than one decibel (dB) information technology; and ways to Privacy Assessment: No impact(s). (cumulative) and exempting terrestrial further reduce the information burden Needs and Uses: The Federal repeaters operating below 2 watts for small business concerns with fewer Communications Commission equivalent isotropically radiated power. than 25 employees. (‘‘Commission’’) is seeking approval 47 CFR 25.263(c)—SDARS licensees The FCC may not conduct or sponsor from Office of Management and Budget operating terrestrial repeaters must a collection of information unless it (OMB) to revise OMB Control No. 3060– maintain an accurate and up-to-date displays a currently valid OMB control 1153 to reflect new and/or modified inventory of terrestrial repeaters number. No person shall be subject to information collections as a result of an operating above 2 W EIRP, including the any penalty for failing to comply with Order on Reconsideration titled ‘‘In the information set forth in 25.263(c)(2) for a collection of information subject to the Matter of Amendment of Part 27 of the each repeater, which shall be made Paperwork Reduction Act (PRA) that Commission’s Rules to Govern the available to the Commission upon does not display a valid OMB control Operation of Wireless Communications request. Requirement can be satisfied by number.

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DATES: Written Paperwork Reduction The information is used by a vessel Federal Maritime Commission, Act (PRA) comments should be radio operator during an emergency Washington, DC 20573, within ten days submitted on or before May 6, 2013. If situation, and is designed to assist the of the date this notice appears in the you anticipate that you will be radio operator to utilize proper distress Federal Register. A Copy of the submitting PRA comments, but find it procedures during a time when he or agreement is available through the difficult to do so within the period of she may be subject to considerable Commission’s Web site (www.fmc.gov) time allowed by this notice, you should stress or confusion. or by contacting the Office of advise the FCC contact listed below as OMB Control Number: 3060–0281. Agreements at (202)-523–5793 or soon as possible. Title: Section 90.651, Supplemental [email protected]. ADDRESSES: Submit your PRA comments Reports Required of Licensees Agreement No.: 012195. to Nicholas A. Fraser, Office of Authorized Under this Subpart. Title: CSCL/UASC Slot Exchange Management and Budget, via fax at 202– Form Number: N/A. Agreement. 395–5167 or via Internet at Type of Review: Extension of a Parties: China Shipping Container [email protected] and currently approved collection. Lines Co., Ltd. and China Shipping to Judith B.Herman, Federal Respondents: Business or other for- Container Lines (Hong Kong) Co., Ltd. Communications Commission, via the profit entities, not-for-profit institutions (acting as a single party) and United Internet at [email protected]. To and state, local or tribal government. Arab Shipping Company (S.A.G.). submit your PRA comments by email Number of Respondents: 3,941 Filing Party: Wayne Rohde, Esq.; send them to: [email protected]. respondents; 3,941 responses. Cozen O’Connor; 1627 I Street, NW. Suite 1100; Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: .166 Synopsis: The agreement authorizes Judith B. Herman, Office of Managing hours (10 minutes). the parties to charter space to each other Director, (202) 418–0214. Frequency of Response: On occasion in the trade between U.S. East Coast SUPPLEMENTARY INFORMATION: reporting requirement. Obligation To Respond: Required to ports and Mediterranean ports, and OMB Control Number: 3060–0265. between ports in Asia and Europe. Title: Section 80.868, Card of obtain or retain benefits. Statutory Instructions. authority for this information collection Dated: March 1, 2013. Form Number: N/A. is contained in 447 U.S.C. sections By Order of the Federal Maritime Type of Review: Extension of a 154(i), 161, 303(g), 303(r), and 332(c)(7). Commission. currently approved collection. Total Annual Burden: 654 hours. Rachel E. Dickon, Respondents: Business or other for- Total Annual Cost: N/A. Assistant Secretary. Privacy Impact Assessment: N/A. profit entities, not-for-profit institutions [FR Doc. 2013–05259 Filed 3–5–13; 8:45 am] Nature and Extent of Confidentiality: and state, local or tribal government. BILLING CODE P Number of Respondents: 4,506 There is no need for confidentiality. respondents; 4,506 responses. Needs and Uses: The Commission is Estimated Time per Response: 0.1 submitting this expiring information FEDERAL MARITIME COMMISSION minutes. collection to the Office of Management [Docket No. 13–03] Frequency of Response: and Budget (OMB) for approval of an extension request (no change in the Recordkeeping requirement. Seagull Maritime Agencies Private Ltd. Obligation To Respond: Required to recordkeeping requirement). There is no change in the Commission’s previous v. Gren Automotive, Inc., Centrus obtain or retain benefits. Statutory Automotive Distributors Inc., and Liu authority for this information collection burden estimates. Section 90.505 requires applicants Shao, Individually; Notice of Filing of is contained in 47 U.S.C. sections 154, Complaint and Assignment 303, 307(e), 309 and 332. proposing developmental operations to Total Annual Burden: 451 hours. submit supplemental information Notice is given that a complaint has Total Annual Cost: N/A. showing why the authorization is been filed with the Federal Maritime Privacy Impact Assessment: N/A. necessary and what its use will be. Commission (Commission) by Seagull Nature and Extent of Confidentiality: This requirement will be used by Maritime Agencies Private Limited There is no need for confidentiality. Commission staff in evaluating the (‘‘SMA’’), hereinafter ‘‘Complainant,’’ Needs and Uses: The Commission applicant’s need for such frequencies against Gren Automotive, Inc. (‘‘Gren’’), will submit this expiring information and the interference potential to other Centrus Automotive Distributors Inc. collection to the Office of Management stations operating on the proposed (‘‘Centrus’’) and Mr. Liu Shao and Budget (OMB) for approval of an frequencies. hereinafter ‘‘Respondents.’’ extension request (no change in the Federal Communications Commission. Complainant states that it is an FMC recordkeeping requirement). There is no Marlene H. Dortch, licensed non-vessel operating common- change in the Commission’s burden Secretary. carrier (‘‘NVOCC’’) located in New estimates. [FR Doc. 2013–05195 Filed 3–5–13; 8:45 am] Jersey. Complainant alleges that The recordkeeping requirement Respondent Gren is a New Jersey BILLING CODE 6712–01–P contained in 47 CFR 80.868 of the corporation and Respondent Centrus is Commission’s rules is necessary to or was a Florida corporation. ensure that radiotelephone distress Complainant alleges that procedures must be securely mounted FEDERAL MARITIME COMMISSION Respondents, by failing to pay and displayed in full view of the Notice of Agreement Filed Complainant $63,010.68 owed for principal operating position on board ‘‘transportation, customs duties, and certain vessels (300 gross tons) required The Commission hereby gives notice other services,’’ violated 46 U.S.C. by the Communications Act or the of the filing of the following agreement 41102(a) which provides that ‘‘[a] International Convention for Safety of under the Shipping Act of 1984. person may not knowingly and Life at Sea to be equipped with a Interested parties may submit comments willfully, directly or indirectly, by radiotelephone station. on the agreement to the Secretary, means of false billing, false

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classification, false weighing, false describes both the allegations in the publiccomments.shtm. As a matter of report of weight, false measurement, or draft complaint and the terms of the discretion, the Commission tries to any other unjust or unfair device or consent order—embodied in the consent remove individuals’ home contact means, obtain or attempt to obtain ocean agreement—that would settle these information from comments before transportation for property at less than allegations. placing them on the Commission Web the rates or charges that would DATES: Comments must be received on site. otherwise apply.’’ or before April 2, 2013. Because your comment will be made Complainant requests that the public, you are solely responsible for ADDRESSES: Interested parties may file a Commission issue the following relief: making sure that your comment does comment at https:// ‘‘(1) An Order compelling Respondents not include any sensitive personal ftcpublic.commentworks.com/ftc/ information, like anyone’s Social to Answer the charges made herein and prnephrologistsconsent online or on Security number, date of birth, driver’s scheduling a hearing in Washington, DC paper, by following the instructions in license number or other state during which the Commission may the Request for Comment part of the receive evidence in this matter; (2) An identification number or foreign country SUPPLEMENTARY INFORMATION section equivalent, passport number, financial Order holding that the Respondents, below. Write ‘‘PR Nephrologists, File account number, or credit or debit card Centrus, Gren, and Mr. Liu Shao No. 121 0098’’ on your comment and number. You are also solely responsible individually violated § 41102(a) of the file your comment online at https:// for making sure that your comment does Shipping Act; (3) An Order compelling ftcpublic.commentworks.com/ftc/ not include any sensitive health Respondents, Centrus, Gren, and Liu prneprologistsconsent by following the information, like medical records or Shao individually to make reparations instructions on the web-based form. If other individually identifiable health to Complainant SMA in the amount of you prefer to file your comment on information. In addition, do not include $63,010.68 for failure to pay freight and paper, mail or deliver your comment to any ‘‘[t]rade secret or any commercial or related charges as describe herein; (4) the following address: Federal Trade financial information which * * * is An Order requiring Respondents to Commission, Office of the Secretary, privileged or confidential,’’ as discussed compensate SMA for its attorney’s fees, Room H–113 (Annex D), 600 in Section 6(f) of the FTC Act, 15 U.S.C. interests, and costs and expenses Pennsylvania Avenue NW., Washington, 46(f), and FTC Rule 4.10(a)(2), 16 CFR incurred in this matter according to DC 20580. 4.10(a)(2). In particular, do not include proof; (5) Such other and further relief FOR FURTHER INFORMATION CONTACT: as the Commission deems just and competitively sensitive information Garry Gibbs (202–326–2767), FTC, such as costs, sales statistics, proper.’’ Bureau of Competition, 600 The full text of the complaint can be inventories, formulas, patterns, devices, Pennsylvania Avenue NW., Washington, manufacturing processes, or customer found in the Commission’s Electronic DC 20580. Reading Room at www.fmc.gov/13–03. names. This proceeding has been assigned to SUPPLEMENTARY INFORMATION: Pursuant If you want the Commission to give the Office of Administrative Law Judges. to Section 6(f) of the Federal Trade your comment confidential treatment, The initial decision of the presiding Commission Act, 15 U.S.C. 46(f), and you must file it in paper form, with a officer in this proceeding shall be issued FTC Rule 2.34, 16 CFR 2.34, notice is request for confidential treatment, and by March 3, 2014 and the final decision hereby given that the above-captioned you have to follow the procedure of the Commission shall be issued by consent agreement containing a consent explained in FTC Rule 4.9(c), 16 CFR July 1, 2014. order to cease and desist, having been 4.9(c).1 Your comment will be kept filed with and accepted, subject to final confidential only if the FTC General Rachel E. Dickon, approval, by the Commission, has been Counsel, in his or her sole discretion, Assistant Secretary. placed on the public record for a period grants your request in accordance with [FR Doc. 2013–05253 Filed 3–5–13; 8:45 am] of thirty (30) days. The following the law and the public interest. BILLING CODE 6730–01–P Analysis to Aid Public Comment Postal mail addressed to the describes the terms of the consent Commission is subject to delay due to agreement, and the allegations in the heightened security screening. As a FEDERAL TRADE COMMISSION complaint. An electronic copy of the result, we encourage you to submit your full text of the consent agreement comments online. To make sure that the [File No. 121 0098] package can be obtained from the FTC Commission considers your online Home Page (for February 28, 2013), on comment, you must file it at https:// Praxedes E. Alverez Santiago, M.D., the World Wide Web, at http:// ftcpublic.commentworks.com/ftc/ Daniel Perez Brisebois, M.D., Jorge www.ftc.gov/os/actions.shtm. A paper prnephrologistsconsent by following the Grillasca Palou, M.D., Rafael Garcia copy can be obtained from the FTC instructions on the web-based form. If Nieves, M.D., Francis M. Vazques Public Reference Room, Room 130–H, this Notice appears at http:// Roura, M.D., Angel B. Rivera Santos, 600 Pennsylvania Avenue NW., www.regulations.gov/#!home, you also M.D., Cosme D. Santos Torres, M.D., Washington, DC 20580, either in person may file a comment through that Web and Juan L. Vilaro Chardon, M.D.; or by calling (202) 326–2222. site. Analysis of Agreement Containing You can file a comment online or on If you file your comment on paper, Consent Order To Aid Public Comment paper. For the Commission to consider write ‘‘PR Nephrologists, File No. 121 AGENCY: Federal Trade Commission. your comment, we must receive it on or 0098’’ on your comment and on the ACTION: Proposed consent agreement. before April 2, 2013. Write ‘‘PR envelope, and mail or deliver it to the Nephrologists, File No. 1211 0098’’ on following address: Federal Trade SUMMARY: The consent agreement in this your comment. Your comment— matter settles alleged violations of including your name and your state— 1 In particular, the written request for confidential federal law prohibiting unfair or will be placed on the public record of treatment that accompanies the comment must include the factual and legal basis for the request, deceptive acts or practices or unfair this proceeding, including, to the extent and must identify the specific portions of the methods of competition. The attached practicable, on the public Commission comment to be withheld from the public record. See Analysis to Aid Public Comment Web site, at http://www.ftc.gov/os/ FTC Rule 4.9(c), 16 CFR 4.9(c).

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Commission, Office of the Secretary, The Proposed Complaint that share the same concern.’’ He copied Room H–113 (Annex D), 600 Respondents are eight independent all of the other Respondents on this Pennsylvania Avenue NW., Washington, physicians in southwestern Puerto Rico email. DC 20580. If possible, submit your who provide nephrology services for The meeting occurred on December 8, paper comment to the Commission by commercial, Medicare, and Medicaid 2011, when two of the Respondents, Dr. courier or overnight service. patients through contracts with various Angel Rivera Santos and Dr. Daniel Visit the Commission Web site at payers. Respondents constitute almost Perez, met with Humana representatives http://www.ftc.gov to read this Notice 90 percent of the nephrologists in the to discuss the 20 percent COB. During and the news release describing it. The southwestern region of Puerto Rico. that meeting, Dr. Daniel Perez presented FTC Act and other laws that the The Medicaid program in Puerto Rico, to Humana a fee schedule that proposed Commission administers permit the Mi Salud, is administered by higher reimbursement rates. The next collection of public comments to Administracioń de Seguros de Salud day Dr. Rivera Santos wrote an email to consider and use in this proceeding as (‘‘ASES’’), a public corporation that is Humana stating, ‘‘I understand as well appropriate. The Commission will charged with ensuring that the more that I have the right to receive the 20% consider all timely and responsive than 1.5 million indigent residents of that had been denied. It will depend on public comments that it receives on or Puerto Rico have access to a full these issues if I decide to continue my before April 2, 2013. You can find more complement of medical services. ASES professional relationship with Humana information, including routine uses determines the benefits Mi Salud Mi Salud. Also remember that I am permitted by the Privacy Act, in the members will receive. ASES contracts waiting for your response related to the Commission’s privacy policy, at with two health plans, Humana Health newly proposed rates that were handed http://www.ftc.gov/ftc/privacy.htm. Plans of Puerto Rico, Inc. (‘‘Humana’’) to you yesterday by my colleague Dr. and Triple-S, to facilitate the provision Daniel Perez.’’ Dr. Rivera Santos copied Analysis of Agreement Containing of medical services to Mi Salud all the other Respondents on this email. Consent Order To Aid Public Comment members and payments to participating The following February 2012, ASES The Federal Trade Commission has providers. Humana administers the Mi and Humana met with Respondents to accepted, subject to final approval, an Salud program in the southwestern discuss the 20 percent COB rule. At the agreement containing a proposed region of Puerto Rico, where the conclusion of the meeting, Dr. Grillasca consent order with Pra´xedes E. Alvarez Respondents do business. presented to Humana a fee schedule Santiago, M.D., Daniel Pe´rez Brisebois, The Mi Salud reimbursement program proposing increased rates. On February M.D., Jorge Grillasca Palou, M.D., Rafael was modified in October 2010 for Mi 28, 2012, Dr. Grillasca stated in an email Garcıá Nieves, M.D., Francis M. Salud members who are also covered by to Humana that the payer had until Va´zquez Roura, M.D., Angel B. Rivera Medicare (‘‘dual eligibles’’). Under the March 1, 2012, to respond to the Santos, M.D., Cosme D. Santos Torres, previous program Medicare paid 80 Respondents’ proposed fee schedule. He M.D., and Juan L. Vilaro´ Chardoń, M.D. percent of its established rate, and copied the other Respondents on this (‘‘Respondents’’). The agreement settles payers administering the Mi Salud email. When Humana did not respond charges that Respondents violated program paid the remaining 20 percent, by the March 1 deadline, all eight Section 5 of the Federal Trade known as the coordination of benefits Respondents terminated their Mi Salud Commission Act, as amended, 15 U.S.C. amount (‘‘20 percent COB’’). After service agreements with Humana with 45, by jointly negotiating contracts to fix October 2010, providers no longer virtually identical letters. the prices for their services and by received a coordination of benefits Respondents immediately ceased collectively refusing to deal with a amount for dual eligibles, except in rare providing nephrology services to third-party payer in Puerto Rico. circumstances. As a result of this Humana Mi Salud patients despite change, providers’ reimbursements having a legal obligation under their The proposed consent order has been decreased for dual eligibles under the contract with Humana to continue placed on the public record for 30 days Mi Salud program. providing services for 120 days after to receive comments from interested The proposed complaint alleges that giving written notice of termination. persons. Comments received during this Respondents collectively (1) negotiated The termination of services had period will become part of the public in an attempt to extract higher significant and real consequences to record. After 30 days, the Commission reimbursement rates by fixing the prices patients. In one instance, a patient with will review the agreement and the upon which Respondents would critical renal failure arrived at an area comments received, and will decide contract with Humana and (2) hospital in need of immediate care and whether it should withdraw from the terminated their contracts with Humana likely long-term dialysis treatment. All agreement or make the proposed and refused to treat Humana patients of the nephrologists refused to treat the consent order final. enrolled in the Mi Salud program patient, whose condition worsened and The purpose of this analysis is to because Humana would not acquiesce to who was later transferred to a hospital facilitate public comment on the Respondents’ price-related demands. 74 miles away in San Juan. Dr. Grillasca proposed consent order. The analysis is The joint price negotiations and told hospital personnel that the not intended to constitute an official collective refusals to deal commenced nephrologists were not taking Mi Salud interpretation of the agreement and in late 2011. On October 28, 2011, Dr. patients due to a disagreement with proposed consent order, or to modify Jorge Grillasca sent an email to Humana Humana over rates. On the same day, their terms in any way. Further, the stating that Humana’s failure to Respondents refused to treat another proposed consent order has been reimburse the full 20 percent COB Humana Mi Salud patient admitted to entered into for settlement purposes would force him to discontinue his another area hospital with a renal only and does not constitute an treatment of Humana’s Mi Salud illness. The patient’s family objected to admission by Respondents that they members and create a dangerous the patient’s transfer to a hospital with violated the law or that the facts alleged situation for these patients. He nephrology services that was 67 miles in the proposed complaint (other than requested that Humana ‘‘hold an urgent away. Respondents eventually began jurisdictional facts) are true. meeting with me and other colleagues treating patients again only after being

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ordered to do so by Puerto Rico’s Office Paragraph II.D bars Respondents from order will expire 20 years from the date of the Health Advocate. exchanging information among it is issued. ASES ultimately agreed to physicians concerning any physician’s By direction of the Commission., Respondents’ demand for higher willingness to offer or withhold services Chairman Leibowitz not participating. reimbursement rates. ASES believed it from any person. Paragraph II.E had no choice but to acquiesce to prohibits attempts to engage in the Donald S. Clark, Respondents’ demands because of its actions precluded by Paragraphs II.A, Secretary. concerns over access to nephrology II.B, II.C, or II.D. Paragraph II.F [FR Doc. 2013–05126 Filed 3–5–13; 8:45 am] services for Mi Salud patients. On June proscribes encouraging or attempting to BILLING CODE 6750–01–P 13, 2012, ASES abandoned the new induce any action that would be reimbursement formula and reinstated prohibited by Paragraph II. Nothing in the 20 percent COB. The requirement Paragraph II prohibits any agreement or GENERAL SERVICES that payers reimburse providers the full conduct among Respondents that is ADMINISTRATION 20 percent COB, retroactive to March reasonably necessary to a Qualified [OMB Control No. 3090–0278; Docket 2012– 16, 2012, is estimated to cost ASES and Arrangement. 0001; Sequence 19] the Mi Salud program an additional $4 Paragraph III requires Respondents to million to $6 million annually. Thus, provide the Commission with notice National Contact Center; Information the denial of nephrology services and and certain information before entering Collection; National Contact Center the demands for higher reimbursement into a Qualified Arrangement. Paragraph Customer Evaluation Survey rates caused substantial harm to the III.A requires Respondents to notify the consumers of Puerto Rico. Commission 60 days prior to entering AGENCY: Contact Center Services, Finally, the proposed complaint into any Qualified Arrangement. Federal Citizen Information Center, alleges that Respondents’ actions were a Paragraph III.B requires Respondents to Office of Citizen Services and naked agreement to fix prices and a provide information about the nature Innovative Technologies, General collective refusal to deal, not related to and effects of the proposed agreement as Services Administration. any efficiency-enhancing justification or part of the Paragraph III.A notification. ACTION: Notice of request for comments any efforts at clinical or financial Paragraph III.C allows the Commission regarding an extension to an existing integration. Respondents, at all times to make a written request for additional OMB clearance. relevant to the proposed complaint, information within 60 days, which then maintained separate, independent prevents the participating Respondents SUMMARY: Under the provisions of the nephrology practices and made no from entering into the proposed Paperwork Reduction Act, the General attempt to share the financial risk in the agreement until 30 days after Services Administration will be provision of nephrology services or to substantially complying with the submitting to the Office of Management clinically integrate the delivery of care request for additional information. and Budget (OMB) a request to review to patients, which might justify the Paragraphs III.D through F state that and approve an extension of a otherwise illegal joint activity. certain actions with respect to a previously approved information proposed Qualified Arrangement should collection requirement regarding the The Proposed Consent Order not be construed as a determination by National Contact Center customer The proposed consent order is the Commission that the action violates evaluation surveys. In this request, the designed to prevent the continuance the law, is approved, or violates this previously approved surveys have been and recurrence of the illegal conduct order. supplemented with surveys that will alleged in the proposed complaint, Paragraph IV is similarly designed to temporarily replace those existing while not prohibiting the Respondents prevent the challenged conduct from surveys for one period of several to engage in legitimate joint conduct in recurring by requiring Respondents to months. These temporary surveys will the future, if they so choose. send copies of the complaint and allow the National Contact Center to Paragraph II of the proposed consent consent order to those impacted by its compare its customer service levels to order prevents Respondents from terms. Paragraph IV.A requires each those of private industry contact continuing the challenged conduct. In Respondent to send a copy of the centers. particular, Paragraph II.A prevents complaint and consent order to every DATES: Submit comments on or before: Respondents from entering into or physician, officer, manager, and staff May 6, 2013. participating in agreements: (1) To member in each Respondent’s medical FOR FURTHER INFORMATION CONTACT: negotiate on behalf of another physician practice group at any time since January with any payer, (2) to refuse to deal, or 1, 2010. Paragraph IV.A also requires Tonya Beres, Federal Information threaten to refuse to deal with any each Respondent to send a copy of the Specialist, Office of Citizen Services and payer, or (3) regarding any term, complaint and consent order to every Communications, at telephone (202) condition, or requirement upon which payer whom Respondent had contacted 501–1803 or via email to another physician deals, or is willing to regarding contracting for physician [email protected]. deal, with any payer, including, but not services at any time since January 1, ADDRESSES: Submit comments limited to, price terms. 2010. Paragraph IV.B carries the identified by Information Collection The other parts of Paragraph II provisions in Paragraph IV.A forward 3090–0278, National Contact Center reinforce these general prohibitions. for three years from the date of the Evaluation Survey, by any of the Paragraph II.B prohibits Respondents order. following methods: from exchanging information with Paragraphs V, VI, and VII impose • Regulations.gov: http:// another physician concerning whether various obligations on Respondents to www.regulations.gov. Submit comments and on what terms that other physician report or to provide access to via the Federal eRulemaking portal by is willing to contract with a payer. information to the Commission to searching the OMB control number. Paragraph II.C prevents Respondents facilitate Respondents’ compliance with Select the link ‘‘Submit a Comment’’ from entering into agreements to the consent order. Finally, Paragraph that corresponds with ‘‘Information withhold services from any person. VIII provides that the proposed consent Collection 3090–0278, National Contract

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Center Evaluation Survey’’. Follow the Annual Responses (subsequent years): described below, to the Office of instructions provided at the ‘‘Submit a 1560. Management and Budget (OMB). The Comment’’ screen. Please include your Hours per Response: 0.05. ICR is to reinstate the use of the name, company name (if any), and Total Burden Hours (year one): 48. previously approved information ‘‘Information Collection 3090–0278, Total Burden Hours (subsequent collection assigned OMB control National Contract Center Evaluation years): 78. number 4040–0004, which expired on Survey’’ on your attached document. Temporary Web Chat survey (One 03/31/2012. The ICR also requests • Fax: 202–501–4067. year only): categorizing the form as a common • Mail: General Services Respondents: 400. form, meaning HHS will only request Administration, Regulatory Secretariat Responses per Respondent: 1. approval for its own use of the form (MVCB), 1275 First Street NE., Annual Responses: 400. rather than aggregating the burden Washington, DC 20417. ATTN: Hada Hours per Response: 0.0833. estimate across all Federal Agencies as Flowers/IC 3090–0278, National Total Burden Hours: 33.33. was done for previous actions on this Contract Center Evaluation Survey. permanent Web Chat Survey: OMB control number. Prior to Instructions: Please submit comments Respondents (Year one): 440. submitting that ICR to OMB, EGOV only and cite Information Collection Respondents (subsequent years): 840. seeks comments from the public 3090–0278, National Contract Center Responses per Respondent: 1. regarding the burden estimate, below, or Evaluation Survey, in all Annual Responses (year one): 440. any other aspect of the ICR. correspondence related to this Annual Responses (subsequent years): DATES: Comments on the ICR must be collection. All comments received will 840. received on or before May 6, 2013. Hours per Response: 0.05. be posted without change to http:// ADDRESSES: Submit your comments to www.regulations.gov, including any Total Burden Hours (year one): 22. Information.CollectionClearance@ Total Burden Hours (subsequent personal and/or business confidential hhs.gov or by calling (202) 690–6162. information provided. years): 42. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Total Annual Respondents (year one): 3600. Information Collection Clearance staff, A. Purpose Total Annual Respondents (year one) Information.Collection [email protected] or (202) 690–6162. This information collection will be Total Burden Hours (Combined, Year used to assess the public’s satisfaction One): 218. SUPPLEMENTARY INFORMATION: When with the National Contact Center Total Burden Hours (Combined, submitting comments or requesting service, to assist in increasing the Subsequent Years): 153.33. information, please include the efficiency in responding to the public’s Obtaining Copies of Proposals: document identifier HHS–EGOV– need for Federal information, and to Requesters may obtain a copy of the 16500–60D for reference. Information Collection Request Title: assess the effectiveness of marketing information collection documents from SF–424 Application for Federal efforts. the General Services Administration, Regulatory Secretariat (MVCB), 1275 Assistance. B. Annual Reporting Burden First Street NE., Washington, DC 20417, OMB No.: 4040–0004. Temporary Telephone survey (One telephone (202) 501–4755. Please cite Abstract: The SF–424 Application for year only): OMB Control No. 3090–0278, National Federal Assistance is a common form Respondents: 300. Contact Center Customer Evaluation used by all Federal grant-making Responses per Respondent: 1. Survey, in all correspondence. agencies for applicants to apply for Federal financial assistance. Annual Responses: 300. Dated: February 25, 2013. Hours per Response: 0.116. Need and Proposed Use of the Casey Coleman, Total Burden Hours: 35. Information: The SF–424 Application permanent Telephone Survey: Chief Information Officer. for Federal Assistance is used by the Respondents (Year one): 900. [FR Doc. 2013–05165 Filed 3–5–13; 8:45 am] public to apply for Federal financial Respondents (subsequent years): BILLING CODE 6820–CX–P assistance in the form of grants. These 1000. forms are submitted to the Federal Responses per Respondent: 1. grant-making agencies for evaluation Annual Responses (year one): 900. DEPARTMENT OF HEALTH AND and review. Annual Responses (subsequent years): HUMAN SERVICES Likely Respondents: Organizations 1000. and institutions seeking grants. [Document Identifier: HHS–EGOV–16500– Burden Statement: Burden in this Hours per Response: 0.033. 60D] Total Burden Hours (year one): 30. context means the time expended by persons to generate, maintain, retain, Total Burden Hours (subsequent Agency Information Collection disclose or provide the information years): 33.33. Activities; Proposed Collection; Public requested. This includes the time Temporary Email survey (One year Comment Request only): needed to review instructions, to Respondents: 600. AGENCY: Electronic Government Office, develop, acquire, install and utilize Responses per Respondent: 1. HHS. technology and systems for the purpose Annual Responses: 600. ACTION: Notice. of collecting, validating and verifying Hours per Response: 0.0833. information, processing and Total Burden Hours: 50. SUMMARY: In compliance with section maintaining information, and disclosing permanent Email Survey: 3506(c)(2)(A) of the Paperwork and providing information, to train Respondents (Year one): 960. Reduction Act of 1995, the Electronic personnel and to be able to respond to Respondents (subsequent years): Government Office (EGOV), Department a collection of information, to search 1560. of Health and Human Services, data sources, to complete and review Responses per Respondent: 1. announces plans to submit an the collection of information, and to Annual Responses (year one): 960. Information Collection Request (ICR), transmit or otherwise disclose the

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information. The total annual burden Human Services are estimated for this hours for the Department of Health and ICR are summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN FOR HHS—HOURS

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

SF–424 Application for Federal Assistance ...... 14,747 1 1 14,747

Total ...... 14,747 1 1 14,747

EGOV specifically requests comments Government Office (EGOV), Department Information Collection Request Title: on (1) The necessity and utility of the of Health and Human Services, SF–424 Short Form. proposed information collection for the announces plans to submit an OMB No.: 4040–0003. proper performance of the agency’s Information Collection Request (ICR), Abstract: The SF–424 Short Form functions, (2) the accuracy of the described below, to the Office of provides the Federal grant-making estimated burden, (3) ways to enhance Management and Budget (OMB). The agencies a simplified alternative to the the quality, utility, and clarity of the ICR is to reinstate the use of the Standard Form 424 data set and form. information to be collected, and (4) the previously approved information Agencies may use the SF–424 Short use of automated collection techniques collection assigned OMB control Form for grant programs not required to or other forms of information number 4040–0003, which expired on collect all the data that is required on technology to minimize the information 11/30/2011. The 4040–0003 previously the SF–424 core data set and form. collection burden. included the Project Abstract and Key Need and Proposed Use of the Once OMB approves the use of this Contacts Form. Those forms are no Information: The SF–424 Short Form is common form, federal agencies may longer included in 4040–0003 and shall used by the public to apply for Federal request OMB approval to use this be moved to OMB control number financial assistance in the forms of common form without having to publish 4040–0010. The ICR also requests grants. These forms are submitted to the notices and request public comments for categorizing the form as a common Federal grant-making agencies for 60 and 30 days. Each agency must form, meaning HHS will only request evaluation and review. account for the burden associated with approval for its own use of the form their use of the common form. rather than aggregating the burden Likely Respondents: Organizations estimate across all Federal Agencies as and institutions seeking grants. Keith A. Tucker, Burden Statement: Burden in this Information Collection Clearance Officer. was done for previous actions on this OMB control number. Prior to context means the time expended by [FR Doc. 2013–05156 Filed 3–5–13; 8:45 am] submitting that ICR to OMB, EGOV persons to generate, maintain, retain, BILLING CODE 4151–AE–P seeks comments from the public disclose or provide the information regarding the burden estimate, below, or requested. This includes the time any other aspect of the ICR. needed to review instructions, to DEPARTMENT OF HEALTH AND develop, acquire, install and utilize HUMAN SERVICES DATES: Comments on the ICR must be received on or before May 6, 2013. technology and systems for the purpose [Document Identifier: HHS–EGOV–16926– of collecting, validating and verifying 60D] ADDRESSES: Submit your comments to information, processing and Information.CollectionClearance@ maintaining information, and disclosing Agency Information Collection hhs.gov or by calling (202) 690–6162. and providing information, to train Activities; Proposed Collection; Public FOR FURTHER INFORMATION CONTACT: personnel and to be able to respond to Comment Request Information Collection Clearance staff, a collection of information, to search Information.CollectionClearance@hhs AGENCY: Electronic Government Office, data sources, to complete and review HHS. .gov or (202) 690–6162. the collection of information, and to SUPPLEMENTARY INFORMATION: ACTION: Notice. When transmit or otherwise disclose the submitting comments or requesting information. The total annual burden SUMMARY: In compliance with section information, please include the hours for the Department of Health and 3506(c)(2)(A) of the Paperwork document identifier HHS–EGOV– Human Services estimated for this ICR Reduction Act of 1995, the Electronic 16926–60D for reference. are summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN FOR HHS—HOURS

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

SF–424 Short Form ...... 1 1 1 1

Total ...... 1 1 1 1

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EGOV specifically requests comments announces plans to submit an document identifier HHS–EGOV–15380 on (1) the necessity and utility of the Information Collection Request (ICR), –60D for reference. proposed information collection for the described below, to the Office of Information Collection Request Title: proper performance of the agency’s Management and Budget (OMB). The SF–424 Project Abstract Form, SF–424 functions, (2) the accuracy of the ICR is to reinstate the use of the Key Contacts Form, SF–424 estimated burden, (3) ways to enhance previously approved information Performance/Site Location Form. the quality, utility, and clarity of the collection assigned OMB control OMB No.: 4040–0010. information to be collected, and (4) the number 4040–0010, which expired on Abstract: The SF–424 Project Abstract use of automated collection techniques 08/31/2011. The 4040–0010 includes form, SF–424 Key Contacts form, and or other forms of information the following forms: SF–424 Project SF–424 Performance/Site Location form technology to minimize the information Abstract form, SF–424 Key Contacts are components of the overall SF–424 collection burden. form, and SF–424 Performance/Site Application for Federal Assistance. Once OMB approves the use of this Location form. The SF–424 Project Need and Proposed Use of the common form, federal agencies may Abstract form and the SF–424 Key Information: The SF–424 Project request OMB approval to use this Contacts form were previously assigned Abstract form, SF–424 Key Contacts common form without having to publish to OMB control number 4040–0003. form, and SF–424 Performance/Site notices and request public comments for EGOV seeks to move these two Location form are used by the public to 60 and 30 days. Each agency must instruments to the OMB control number apply for Federal financial assistance in account for the burden associated with 4040–0010. The ICR also requests the form of grants. These forms are their use of the common form. categorizing the forms as common submitted to the Federal grant-making forms, meaning HHS will only request Keith A. Tucker, agencies for evaluation and review. approval for its own use of the forms Likely Respondents: Organizations Information Collection Clearance Officer. rather than aggregating the burden and institutions seeking grants. [FR Doc. 2013–05158 Filed 3–5–13; 8:45 am] estimate across all Federal Agencies as Burden Statement: Burden in this BILLING CODE 4151–AE–P was done for previous actions on this context means the time expended by OMB control number. Prior to persons to generate, maintain, retain, submitting that ICR to OMB, EGOV DEPARTMENT OF HEALTH AND disclose or provide the information seeks comments from the public HUMAN SERVICES requested. This includes the time regarding the burden estimate, below, or needed to review instructions, to [Document Identifier: HHS–EGOV–15380– any other aspect of the ICR. develop, acquire, install and utilize 60D] technology and systems for the purpose DATES: Comments on the ICR must be received on or before May 6, 2013. of collecting, validating and verifying Agency Information Collection information, processing and Activities; Proposed Collection; Public ADDRESSES: Submit your comments to maintaining information, and disclosing Comment Request Information.CollectionClearance@ and providing information, to train AGENCY: Electronic Government Office, hhs.gov or by calling (202) 690–6162. personnel and to be able to respond to a collection of information, to search HHS. FOR FURTHER INFORMATION CONTACT: data sources, to complete and review ACTION: Notice. Information Collection Clearance staff, the collection of information, and to Information.CollectionClearance SUMMARY: In compliance with section transmit or otherwise disclose the @hhs.gov or (202) 690–6162. 3506(c)(2)(A) of the Paperwork information. The total annual burden Reduction Act of 1995, the Electronic SUPPLEMENTARY INFORMATION: When hours for the Department of Health and Government Office (EGOV), Department submitting comments or requesting Human Services are estimated for this of Health and Human Services, information, please include the ICR are summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN FOR HHS—HOURS

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

SF–424 Project Abstract Form ...... 349 1 0.5 174.5 SF–424 Key Contacts ...... 61 1 0.5 30.5 SF–424 Performance/Site Location ...... 137,408 1 0.5 68,704

Total ...... 137,818 ...... 68,909

EGOV specifically requests comments technology to minimize the information account for the burden associated with on (1) The necessity and utility of the collection burden. their use of the common form. proposed information collection for the Once OMB approves the use of this Keith A. Tucker, proper performance of the agency’s common form, federal agencies may Information Collection Clearance Officer. functions, (2) the accuracy of the request OMB approval to use this [FR Doc. 2013–05155 Filed 3–5–13; 8:45 am] estimated burden, (3) ways to enhance common form without having to publish the quality, utility, and clarity of the notices and request public comments for BILLING CODE 4151–AE–P information to be collected, and (4) the 60 and 30 days. Each agency must use of automated collection techniques or other forms of information

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DEPARTMENT OF HEALTH AND preconception health; autism spectrum their complications; ensuring that HUMAN SERVICES disorders (ASDs) and other prevention programs are developed, developmental disabilities; fetal alcohol implemented, and evaluated; ensuring Centers for Disease Control and spectrum disorders (FASDs); neural that information is accessible to Prevention tube defects (spina bifida, anencephaly); consumers and health care providers; [60-Day–13–13LD] muscular dystrophy; fragile X; deep and encouraging action to improve the vein thrombosis/pulmonary embolism quality of life for people living with or Proposed Data Collections Submitted (DVT/PE); sickle cell disease (SCD); affected by these conditions. for Public Comment and attention-deficit/hyperactivity disorder The behavioral, clinical, and Recommendations (ADHD); and Tourette syndrome. surveillance projects implemented by The Children’s Health Act of 2000 NCBDDD are the foundation upon In compliance with the requirement required the establishment of NCBDDD. which recommendations and guidelines of Section 3506(c)(2)(A) of the The Center is organized into three are revised and updated. Formative Paperwork Reduction Act of 1995 for divisions, which are focused on birth research is the mechanism by which opportunity for public comment on defects and developmental disabilities, evidence is obtained for priority proposed data collection projects, the human development and disabilities, diseases in these three (3) health Centers for Disease Control and and blood disorders. NCBDDD promotes condition groups and by which Prevention (CDC) will publish periodic the health of babies, children and adults recommendations and guidelines are summaries of proposed projects. To and focuses on identifying the causes of revised and updated. request more information on the and prevention of birth defects and NCBDDD conducts formative research proposed projects or to obtain a copy of developmental disabilities; helping for developing new messages, materials, the data collection plans and children to develop and reach their and strategies that respond to the instruments, call 404–639–7570 and potential for full, productive living; and changing epidemiology of these priority send comments to Ron Otten, at 1600 optimizing the health outcomes among health conditions. A generic clearance Clifton Road, MS–D74, Atlanta, GA people of all ages with disabilities. mechanism would increase productivity 30333 or send an email to [email protected]. These goals are accomplished through of CDC programs and improve the Comments are invited on: (a) Whether research, partnerships, and prevention quality of public health interventions the proposed collection of information and education programs. and health communication programs. is necessary for the proper performance Birth defects affect 1 in 33 babies and The data collection and evidence are of the functions of the agency, including are a leading cause of infant death in the developed using a multitude of whether the information shall have United States. More than 5,500 infants information sources including internal practical utility; (b) the accuracy of the die each year due to birth defects. and external subject matter experts, agency’s estimate of the burden of the Additionally, over 500,000 children are field experience, consultation with proposed collection of information; (c) diagnosed with a developmental external colleagues, piloting activities, ways to enhance the quality, utility, and disability. With more information, the and formal evaluations. The clarity of the information to be causes of these birth defects and involvement of external and internal collected; and (d) ways to minimize the developmental disabilities can be subject matter experts produces burden of the collection of information identified and action can be taken to scientifically valid instruments, on respondents, including through the protect children and to develop new interventions, and methods that enable use of automated collection techniques ways to help women have healthy NCBDDD to be responsive to the or other forms of information babies. changing epidemiology and community technology. Written comments should Disabilities can affect anyone of any needs of these priority diseases. be received within 60 days of this age. About 1 in 5 Americans report Targeted audience members or notice. having some level of disability. People representatives provide the information with disabilities need health care and for developing clear and influential Proposed Project health programs to stay well, active, and health messages, materials, and Formative Research, Messages and a part of the community. To be healthy, strategies that promote health and well- Materials Development for Birth Defects people with disabilities require health being. An integrated research effort is and Developmental Disabilities, Human care that meets their needs as a whole needed to fill in gaps of knowledge, Development and Disabilities, and person, not just as a person with a awareness, screening, and prevention Blood Disorders—NEW—Centers for disability. behaviors and could simultaneously Disease Control and Prevention (CDC), Blood disorders such as sickle cell work to reduce stigma surrounding National Center on Birth Defects and disease, anemia, and hemophilia—affect these topics within special populations, Developmental Disabilities (NCBDDD). millions of people each year in the explore cultural issues, and increase the United States, cutting across the demand for, and uptake of screening by Background and Brief Description boundaries of age, race, sex, and health care providers. The Centers for Disease Control and socioeconomic status. Men, women, and Overall, these formative research Prevention (CDC), National Center on children of all backgrounds live with activities are intended to provide Birth Defects and Developmental the complications associated with these information that will increase the Disabilities (NCBDDD), requests conditions, many of which are painful success of the surveillance or research approval for a new generic information and potentially life-threatening. With project through increasing response collection package that supports proper preventive actions and early rates and decreasing response error formative research in birth defects and intervention, many of these disorders thereby decreasing future data developmental disabilities; human and their complications could, to a large collection burden to the public. development and disabilities, and blood extent, be eliminated. NCBDDD is This request is submitted to obtain disorders. Identified priority diseases, dedicated to reducing the public health OMB clearance for three years. The disorders, and conditions included in burden resulting from these conditions estimates of annualized burden hours this information collection activity by contributing to a better are based on past experience with include but are not limited to understanding of blood disorders and recruitment and the administration of

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similar surveys and focus groups. It is for this data collection activity. Specific this data collection activity is 49,667. estimated that 80,500 respondents will information will be provided with each There is no cost to respondents other have to be screened annually to recruit individual project submission. The than their time. the appropriate number of respondents estimated annualized burden hours for

ESTIMATED ANNUALIZED BURDEN HOURS

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

General public and health care providers ...... Screener ...... 80,500 1 10/60 13,417 General public and health care providers ...... Consent Forms ...... 30,000 1 5/60 2,500 General public and health care providers ...... Moderator’s Guide ...... 30,000 1 1 30,000 General public and health care providers ...... Surveys ...... 15,000 1 15/60 3,750

Total ...... 49,667

Dated: February 28, 2013. comments to CDC Desk Officer, Office of promoting HIV prevention and risk Ron A. Otten, Management and Budget, Washington, reduction. Director, Office of Scientific Integrity (OSI), DC 20503 or by fax to (202) 395–5806. The research results will be used to Office of the Associate Director for Science Written comments should be received develop materials for six specific HIV (OADS), Office of the Director, Centers for within 30 days of this notice. social marketing campaigns under the Disease Control and Prevention. umbrella of the larger Act Against AIDS Proposed Project [FR Doc. 2013–05236 Filed 3–5–13; 8:45 am] campaign. The campaigns will target BILLING CODE 4163–18–P Formative Research for the consumers aged 18–64. Some campaigns Development of CDC’s Act Against will target the general public as a whole AIDS Social Marketing Campaigns and other campaigns will focus on DEPARTMENT OF HEALTH AND Targeting Consumers—New—National specific subpopulations at greatest risk HUMAN SERVICES Center for HIV/AIDS, Viral Hepatitis, for HIV infection. The target audiences Centers for Disease Control and STD, and TB Prevention (NCHHSTP), will include Latinos, men who have sex Prevention Centers for Disease Control and with men (MSM), HIV-positive Prevention (CDC). individuals and African Americans. [30Day-13–12EX] The study will screen 2338 people per Background and Brief Description year for eligibility. Of the 2,338 people Agency Forms Undergoing Paperwork The purpose of this study is to screened, it is expected that 500 people Reduction Act Review conduct interviews and focus groups in will participate in focus groups, 500 The Centers for Disease Control and four rounds of data collections people will participate in in-depth Prevention (CDC) publishes a list of (exploratory research, message testing, interviews and 700 will participate in information collection requests under concept testing, materials testing) with intercept interviews. All focus group review by the Office of Management and consumer groups aged 18 to 64 over a and in-depth interview participants Budget (OMB) in compliance with the 3-year period to develop various social (total 1000) will complete a brief paper Paperwork Reduction Act (44 U.S.C. marketing campaigns aimed at and pencil survey. Chapter 35). To request a copy of these increasing HIV testing rates, increasing There are no costs to the respondents requests, call the CDC Reports Clearance HIV awareness and knowledge, other than their time. Officer at (404) 639–7570 or send an challenging commonly held The total estimated annual burden email to [email protected]. Send written misperceptions about HIV, and hours are 2,311.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Individuals (males and females) Screening Instrument ...... 2338 1 2/60 aged 18–64. In-depth interview focus group and intercept interview Exploratory—HIV Testing In-depth Interview Guide ..... 74 1 1 Exploratory—HIV Prevention In-depth Interview Guide 74 1 1 Exploratory—HIV Communication and Awareness In- 74 1 1 depth Interview Guide. Exploratory—HIV Prevention with Positives In-depth 74 1 1 Interview Guide. Consumer Message Testing In-depth Interview Guide 68 1 1 Consumer Concept Testing In-depth Interview Guide 68 1 1 Consumer Materials Testing In-depth Interview Guide 68 1 1 Exploratory—HIV Testing Focus Group Interview 74 1 2 Guide. Exploratory—HIV Prevention Focus Group Interview 74 1 2 Guide.

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Exploratory—HIV Communication and Awareness 74 1 2 Focus Group Interview Guide. Exploratory—IV Prevention with Positives Focus 74 1 2 Group Interview Guide. Consumer Concept Testing Focus Group Interview 68 1 2 Guide. Consumer Message Testing Focus Group Interview 68 1 2 Guide. Consumer Materials Testing Focus Group Interview 68 1 2 Guide. Paper and Pencil—HIV Testing Survey ...... 250 1 30/60 Paper and Pencil—HIV Prevention Survey ...... 250 1 30/60 Paper and Pencil—HIV Communication and Aware- 250 1 30/60 ness Survey. Paper and Pencil—HIV Prevention with Positives Sur- 250 1 30/60 vey. Intercept Interview Guide ...... 700 1 20/60

Dated: February 28, 2013. minimize the information collection Annual Responses: 19,840,000. Total Ron A. Otten, burden. Annual Hours: 2,976,000. (For policy Director, Office of Scientific Integrity (OSI), 1. Type of Information Collection questions regarding this collection Office of the Associate Director for Science Request: Extension. Title of Information contact Evelyn Blaemire at 410–786– (OADS), Office of the Director, Centers for Collection: Detailed Notice of Discharge 1803. For all other issues call 410–786– Disease Control and Prevention. (DND). Use: When a Medicare 1326.) [FR Doc. 2013–05233 Filed 3–5–13; 8:45 am] beneficiary requests a Quality To obtain copies of the supporting BILLING CODE 4163–18–P Improvement Organization review of statement and any related forms for the his/her inpatient hospital discharge, proposed paperwork collections hospitals and Medicare plans have used referenced above, access CMS’ Web Site DEPARTMENT OF HEALTH AND the DND to provide the beneficiary with address at http://www.cms.hhs.gov/ HUMAN SERVICES a detailed explanation regarding the PaperworkReductionActof1995, or reason for discharge. Form Number: Centers for Medicare & Medicaid Email your request, including your Services CMS–10066 (OCN 0938–1019). Frequency: Yearly. Affected Public: address, phone number, OMB number, [Document Identifier CMS–10066 and CMS– Private Sector (business or other for- and CMS document identifier, to R–193] profit and not-for-profit institutions). [email protected], or call the Number of Respondents: 6,169. Total Reports Clearance Office on (410) 786– Agency Information Collection Annual Responses: 12,852. Total 1326. Activities: Proposed Collection; Annual Hours: 12,852. (For policy In commenting on the proposed Comment Request questions regarding this collection information collections please reference AGENCY: Centers for Medicare & contact Evelyn Blaemire at 410–786– the document identifier or OMB control Medicaid Services, HHS. 1803. For all other issues call 410–786– number. To be assured consideration, In compliance with the requirement 1326.) comments and recommendations must of section 3506(c)(2)(A) of the 2. Type of Information Collection be submitted in one of the following Paperwork Reduction Act of 1995, the Request: Extension. Title of Information ways by May 6, 2013: Centers for Medicare & Medicaid Collection: Important Message from 1. Electronically. You may submit Services (CMS) is publishing the Medicare (IM). Use: Hospitals have used your comments electronically to http:// following summary of proposed the IM to inform original Medicare, www.regulations.gov. Follow the collections for public comment. Medicare Advantage, and other Interested persons are invited to send Medicare plan beneficiaries who are instructions for ‘‘Comment or comments regarding this burden hospital inpatients about their hospital Submission’’ or ‘‘More Search Options’’ estimate or any other aspect of this rights and discharge rights. In to find the information collection collection of information, including any particular, the IM provides information document(s) accepting comments. of the following subjects: (1) The about when a beneficiary will and will 2. By regular mail. You may mail necessity and utility of the proposed not be liable for charges for a continued written comments to the following information collection for the proper stay in a hospital and offers a detailed address: CMS, Office of Strategic performance of the agency’s functions; description of the Quality Improvement Operations and Regulatory Affairs, (2) the accuracy of the estimated Organization review process. Form Division of Regulations Development, burden; (3) ways to enhance the quality, Number: CMS–R–193 (OCN 0938–0692). Attention: Document Identifier/OMB utility, and clarity of the information to Frequency: Yearly. Affected Public: Control Number __, Room C4–26–05, be collected; and (4) the use of Private Sector (business or other for- 7500 Security Boulevard, Baltimore, automated collection techniques or profit and not-for-profit institutions). Maryland 21244–1850. other forms of information technology to Number of Respondents: 6,169. Total

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Dated: March 1, 2013. DEPARTMENT OF HEALTH AND (ADP) equipment and services. State Martique Jones, HUMAN SERVICES agencies that submit APD requests Deputy Director, Regulations Development provide the Department of Health and Group, Office of Strategic Operations and Administration for Children and Human Services (HHS) with the Regulatory Affairs. Families following information necessary to [FR Doc. 2013–05176 Filed 3–5–13; 8:45 am] determine the States’ needs to acquire Proposed Information Collection the requested ADP equipment and/or BILLING CODE 4120–01–P Activity; Comment Request services: Proposed Projects (1) A statement of need; (2) A requirements analysis and Title: ADP & Services Conditions for feasibility study; FFP for ACF. (3) A procurement plan; OMB No.: 0992–0005. (4) A proposed activity schedule; and, Description: The Advance Planning (5) A proposed budget. Document (APD) process, established in HHS’ determination of a State the rules at 45 CFR Part 95, Subpart F, Agency’s need to acquire requested ADP is the procedure by which States request equipment or services is authorized at and obtain approval for Federal sections 402(a)(5), 452(a)(1), 1902(a)(4) financial participation in their cost of and 1102 of the Social Security Act. acquiring Automatic Data Processing Respondents: States.

ANNUAL BURDEN ESTIMATES

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

RFP and Contract ...... 4 1.5 4 324 Emergency Funding Request ...... 5 .1 2 1 Biennial Reports ...... 54 1 1.50 81 Advance Planning Document ...... 34 1.2 120 4,896 Operational Advance Planning Document ...... 20 1 30 600

Estimated Total Annual Burden Hours ...... 5,902

In compliance with the requirements of automated collection techniques or Federal law for conduct relating to the of Section 506(c)(2)(A) of the Paperwork other forms of information technology. development or approval, including the Reduction Act of 1995, the Consideration will be given to process for the development or Administration for Children and comments and suggestions submitted approval, of a drug product. Mr. Liang Families is soliciting public comment within 60 days of this publication. was given notice of the proposed on the specific aspects of the permanent debarment and an Robert Sargis, information collection described above. opportunity to request a hearing within Copies of the proposed collection of Reports Clearance Officer. the timeframe prescribed by regulation. information can be obtained and [FR Doc. 2013–05148 Filed 3–5–13; 8:45 am] Mr. Liang failed to respond. Mr. Liang’s comments may be forwarded by writing BILLING CODE 4184–01–P failure to respond constitutes a waiver to the Administration for Children and of his right to a hearing concerning this Families, Office of Planning, Research action. DEPARTMENT OF HEALTH AND and Evaluation, 370 L’Enfant DATES: HUMAN SERVICES This order is effective March 6, Promenade SW., Washington, DC 20447, 2013. Attn: ACF Reports Clearance Officer. Food and Drug Administration ADDRESSES: Submit applications for Email address: special termination of debarment to the [email protected]. All requests [Docket No. FDA–2012–N–0783] Division of Dockets Management (HFA– should be identified by the title of the 305), Food and Drug Administration, information collection. Cheng Yi Liang: Debarment Order 5630 Fishers Lane, Rm. 1061, Rockville, The Department specifically requests AGENCY: Food and Drug Administration, MD 20852. comments on: (a) Whether the proposed HHS. FOR FURTHER INFORMATION CONTACT: collection of information is necessary ACTION: Notice. Kenny Shade, Office of Regulatory for the proper performance of the Affairs, Food and Drug Administration, functions of the agency, including SUMMARY: The Food and Drug 5600 Fishers Lane, Rockville, MD whether the information shall have Administration (FDA) is issuing an 20857, 301–796–4640. practical utility; (b) the accuracy of the order under the Federal Food, Drug, and SUPPLEMENTARY INFORMATION: agency’s estimate of the burden of the Cosmetic Act (the FD&C Act) proposed collection of information; (c) permanently debarring Cheng Yi Liang, I. Background the quality, utility, and clarity of the from providing services in any capacity Section 306(a)(2)(A) of the FD&C Act information to be collected; and (d) to a person that has an approved or (21 U.S.C. 335a(a)(2)(A)) requires ways to minimize the burden of the pending drug product application. We debarment of an individual if FDA finds collection of information on base this order on a finding that Mr. that the individual has been convicted respondents, including through the use Liang was convicted of a felony under of a felony under Federal law for

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conduct relating to the development or was received on November 9, 2012. Mr. Dated: February 8, 2013. approval, including the process for Liang failed to respond within the Melinda K. Plaisier, development or approval, of any drug timeframe prescribed by regulation and Acting Associate Commissioner for product. has, therefore, waived his opportunity Regulatory Affairs, Office of Regulatory On March 5, 2012, the U.S. District for a hearing and has waived any Affairs. Court for the District of Maryland contentions concerning his debarment [FR Doc. 2013–05160 Filed 3–5–13; 8:45 am] accepted Mr. Liang’s plea of guilty and (21 CFR part 12). BILLING CODE 4160–01–P adjudged him guilty of one count of making a false statement to a Federal II. Findings and Order DEPARTMENT OF HEALTH AND Agency, a Federal felony offense under Therefore, Associate Commissioner HUMAN SERVICES 18 U.S.C. 1001 and securities fraud, a for Regulatory Affairs, Office of Federal felony offense under 15 U.S.C. Regulatory Affairs, under section Food and Drug Administration 78j(b) and 78ff. 306(a)(2)(A) of the FD&C Act, under FDA’s finding that debarment is authority delegated to the Director (Staff [Docket No. FDA–2009–D–0010] appropriate is based on the felony Manual Guide 1410.21), finds that conviction for securities fraud Guidance for Industry and Food and Cheng Yi Liang has been convicted of a referenced herein for conduct relating to Drug Administration Staff: felony under Federal law for conduct the development or approval, including Investigational Device Exemption relating to the development or approval, the process for development or Guidance for Retinal Prostheses; including the process for development approval, of any drug product. The Availability factual basis for this conviction is as or approval, of a drug product. follows: Mr. Liang was a chemist for As a result of the foregoing finding, AGENCY: Food and Drug Administration, FDA, working in the Center for Drug Mr. Liang is permanently debarred from HHS. Evaluation and Research (CDER) at the providing services in any capacity to a ACTION: Notice. Office of New Drug Quality Assessment. person with an approved or pending SUMMARY: The Food and Drug drug product application under sections As a part of his duties with FDA, Mr. Administration (FDA) is announcing the 505, 512, or 802 of the FD&C Act (21 Liang had access to the FDA’s availability of the guidance entitled U.S.C. 355, 360b, or 382), or under Document Archiving, Reporting and ‘‘Investigational Device Exemption (IDE) Regulatory Tracking Systems section 351 of the Public Health Service Guidance for Retinal Prostheses.’’ This (DAARTS), which CDER used internally Act (42 U.S.C. 262), effective (see DATES) guidance document describes FDA’s to manage, track, receive and report on (see sections 306(c)(1)(B), (c)(2)(A)(ii), recommendations for clinical new drug applications as well as and 201(dd) of the FD&C Act (21 U.S.C. investigations of medical devices emerging significant drug safety issues. 335a(c)(1)(B), (c)(2)(A)(ii), and 321(dd))). indicated for the treatment of visual Between in or about July 2006 and in Any person with an approved or impairments resulting from retinal or about March 2011, Mr. Liang pending drug product application who diseases. reviewed the DAARTS system to learn knowingly employs or retains as a non-public information regarding when consultant or contractor, or otherwise DATES: Submit either electronic or an FDA announcement regarding an uses the services of Mr. Liang in any written comments on this guidance at experimental drug was imminent and to capacity during Mr. Liang’s debarment, any time. General comments on Agency learn the substance of the will be subject to civil money penalties guidance documents are welcome at any announcement. Mr. Liang used this non- (section 307(a)(6) of the FD&C Act (21 time. public information relating to drug U.S.C. 335b(a)(6))). If Mr. Liang provides ADDRESSES: Submit written requests for approvals to cause the execution of services in any capacity to a person with single copies of the guidance document trades on national securities exchanges, an approved or pending drug product entitled ‘‘Investigational Device resulting in total profits and losses application during his period of Exemption (IDE) Guidance for Retinal avoided of $3,776,152 during that debarment, he will be subject to civil Prostheses’’ to the Division of Small period of time. money penalties (section 307(a)(7) of the Manufacturers, International and As a result of his conviction, on FD&C Act). In addition, FDA will not Consumer Assistance, Center for November 6, 2012, FDA sent Mr. Liang accept or review any abbreviated new Devices and Radiological Health, Food a notice by certified mail proposing to drug applications submitted by or with and Drug Administration, 10903 New permanently debar him from providing the assistance of Mr. Liang during his Hampshire Ave., Bldg. 66, rm. 4613, services in any capacity to a person that period of debarment (section Silver Spring, MD 20993–0002. Send has an approved or pending drug 306(c)(1)(B) of the FD&C Act). one self-addressed adhesive label to product application. The proposal was assist that office in processing your based on a finding, under section Any application by Mr. Liang for request, or fax your request to 301–847– 306(a)(2)(A) of the FD&C Act, that Mr. special termination of debarment under 8149. See the SUPPLEMENTARY Liang was convicted of a felony under section 306(d)(4) of the FD&C Act INFORMATION section for information on Federal law for conduct relating to the should be identified with Docket No. electronic access to the guidance. development or approval, including the FDA–2012–N–0783 and sent to the Submit electronic comments on the process for development or approval, of Division of Dockets Management (see guidance to http://www.regulations.gov. any drug product. The proposal also ADDRESSES). All such submissions are to Submit written comments to the offered Mr. Liang an opportunity to be filed in four copies. The public Division of Dockets Management (HFA– request a hearing, providing him 30 availability of information in these 305), Food and Drug Administration, days from the date of receipt of the letter submissions is governed by 21 CFR 5630 Fishers Lane, rm. 1061, Rockville, in which to file the request, and advised 10.20(j). MD 20852. Identify comments with the him that failure to request a hearing Publicly available submissions may docket number found in brackets in the constituted a waiver of the opportunity be seen in the Division of Dockets heading of this document. for a hearing and of any contentions Management between 9 a.m. and 4 p.m., FOR FURTHER INFORMATION CONTACT: For concerning this action. The proposal Monday through Friday. pre-clinical concerns:

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Ethan D. Cohen, Center for Devices and sponsor’s options with respect to use of Identify comments with the docket Radiological Health, Food and Drug a given endpoint. FDA also revised and number found in brackets in the Administration, 10903 New clarified the recommendation regarding heading of this document. Received Hampshire Ave., Bldg. 62, rm. 1204, use of sham controls. comments may be seen in the Division Silver Spring, MD 20993–0002, 301– of Dockets Management between 9 a.m. II. Significance of Guidance 796–2485; and 4 p.m., Monday through Friday, and For clinical concerns: This guidance is being issued will be posted to the docket at http:// consistent with FDA’s good guidance Bernard P. Lepri, Center for Devices and www.regulations.gov. practices regulation (21 CFR 10.115). Radiological Health, Food and Drug Dated: February 28, 2013. The guidance represents the Agency’s Administration, 10903 New Leslie Kux, current thinking on IDE applications for Hampshire Ave., Bldg. 66, rm. 2404, retinal prostheses. It does not create or Assistant Commissioner for Policy. Silver Spring, MD 20993–0002, 301– confer any rights for or on any person [FR Doc. 2013–05125 Filed 3–5–13; 8:45 am] 796–6501. and does not operate to bind FDA or the BILLING CODE 4160–01–P SUPPLEMENTARY INFORMATION: public. An alternative approach may be used if such approach satisfies the I. Background DEPARTMENT OF HEALTH AND requirements of the applicable statute This guidance addresses the HUMAN SERVICES and regulations. investigation of medical devices intended to manage permanent vision III. Electronic Access National Institutes of Health impairment resulting from ocular Persons interested in obtaining a copy pathology such as retinitis pigmentosa. Submission for OMB Review; 30-Day of the guidance may do so by using the Comment Request: A Generic Vision impairment, or low vision, is Internet. A search capability for all vision that is not correctable to normal Submission for Formative Research, CDRH guidance documents is available Pretesting, and Customer Satisfaction levels by spectacles, contact lenses, at http://www.fda.gov/MedicalDevices/ medications, surgery, or other of NCI’s Communication and DeviceRegulationandGuidance/ Education Resources (NCI) techniques and devices. It is irreversible GuidanceDocuments/default.htm. loss of vision due to disease, not Guidance documents are also available SUMMARY: Under the provisions of refractive errors (myopia, astigmatism, at http://www.regulations.gov. To Section 3507(a)(1)(D) of the Paperwork presbyopia). This guidance is intended receive ‘‘Investigational Device Reduction Act of 1995, the National to assist device manufacturers who plan Exemption (IDE) Guidance for Retinal Institutes of Health (NIH) has submitted to conduct clinical investigations of Prostheses,’’ you may either send an to the Office of Management and Budget devices indicated for the treatment of email request to [email protected] to (OMB) a request for review and vision impairment in support of receive an electronic copy of the approval of the information collection premarket approval (PMA) applications, document or send a fax request to 301– listed below. This proposed information humanitarian device exemptions, or 847–8149 to receive a hard copy. Please collection was previously published in premarket notification (510(k)) use the document number 1809 to the Federal Register on January 2, 2013 submissions. The guidance describes identify the guidance you are (Volume 78, Page 105) and allowed 60- FDA’s recommendations for human requesting. days for public comment. Two public clinical trials that involve the use of any comments were received and responded type of retinal prosthesis device, IV. Paperwork Reduction Act of 1995 to. The purpose of this notice is to allow including, but not limited to, visual This guidance refers to previously an additional 30 days for public prosthetic devices implanted on or approved collections of information comment. The National Cancer Institute beneath the retina, and those on or found in FDA regulations. These (NCI), the National Institutes of Health beneath the outer surface of the globe collections of information are subject to may not conduct or sponsor, and the that use electrical stimulation to provide review by the Office of Management and respondent is not required to respond some level of visual perception for Budget (OMB) under the Paperwork to, an information collection that has persons suffering from degenerative Reduction Act of 1995 (44 U.S.C. 3501– been extended, revised, or implemented retinal conditions. This document does 3520). The collections of information in on or after October 1, 1995, unless it not apply to prostheses that stimulate 21 CFR part 812 have been approved displays a currently valid OMB control the optic nerve or other higher brain under OMB control number 0910–0078; number. areas such as the visual cortex or the collections of information in part 814 Direct Comments to OMB: Written lateral geniculate nucleus. (21 CFR part 814), subpart H, have been comments and/or suggestions regarding In the Federal Register of April 17, approved under OMB control number the item(s) contained in this notice, 2009 (74 FR 17872), FDA announced the 0910–0332; collections of information in especially regarding the estimated availability of the draft guidance. 21 CFR 56.115 have been approved public burden and associated response Comments on the draft guidance were under OMB control number 0910–0130; time, should be directed to the: Office due by July 16, 2009. Six comments and collections of information in part of Management and Budget, Office of were received with each comment Regulatory Affairs, 814, subpart E, have been approved _ making multiple recommendations on under OMB control number 0910–0231. OIRA [email protected] or by changes to the content of the guidance fax to 202–395–6974, Attention: NIH document. The comments included V. Comments Desk Officer. recommended changes to primary, Interested persons may submit either DATES: Comment Due Date: Comments secondary, and functional vision written comments regarding this regarding this information collection are endpoints and changes to the document to the Division of Dockets best assured of having their full effect if recommended clinical study design. In Management (see ADDRESSES), or received within 30-days of the date of response to these comments, FDA has electronic comments to http:// this publication. clarified the appropriate context for www.regulations.gov. It is only FOR FURTHER INFORMATION CONTACT: To recommended endpoints and a necessary to send one set of comments. obtain a copy of the data collection

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plans and instruments, contact: Nina strategies, concepts, and messages while characteristics (attitudes, beliefs, and Goodman, Public Health Advisor, Office they are under development. This behaviors) of the intended target of Communications and Education pretesting, or formative evaluation, audience and use this information in the (OCE), NCI, NIH, 6116 Executive Blvd., helps ensure that the messages, development of effective Suite 400, Rockville, MD 20892, call communication materials, and communication tools and strategies; (2) non-toll-free number (301) 435–7789 or information services created by NCI use a feedback loop to help refine, email your request, including your have the greatest capacity of being revise, and enhance messages, materials, address to: [email protected]. received, understood, and accepted by products, and programs—ensuring that Formal requests for additional plans and their target audiences. Since NCI’s OCE they have the greatest relevance, utility, instruments must be requested in is also responsible for the design, appropriateness, and impact for/to writing. implementation, and evaluation of target audiences; and (3) expend limited Proposed Collection: A Generic education programs over the entire program resource dollars wisely and Submission For Formative Research, cancer continuum, and management of effectively. The participants may Pretesting, and Customer Satisfaction of include, but are not limited to, cancer NCI’s Communication and Education NCI initiatives that address specific challenges in cancer research and patients, their families, the general Resources, 0925–0046, Expiration Date public, health providers, the media, 2/28/2013, Reinstatement without treatment, it is also necessary to ensure voluntary groups, scientific and medical Change, National Cancer Institute (NCI), that customers are satisfied with organizations (affected public could National Institutes of Health (NIH). programs. This customer satisfaction Need and Use of Information research helps ensure the relevance, include individuals or households; Collection: In order to carry out NCI’s utility, and appropriateness of the many businesses or other for profit; not-for- legislative mandate to educate and educational programs and products that profit institutions; and Federal disseminate information about cancer OCE and NCI produce. OCE will use a Government; State, Local, or Tribal prevention, detection, diagnosis, and variety of qualitative (focus groups, Government). treatment to a wide variety of audiences interviews) and quantitative (paper, OMB approval is requested for 3 and organizations, it is beneficial for phone, in-person, and web surveys) years. There are no costs to respondents NCI through its Office of methodologies to conduct this formative other than their time. The total Communications and Education (OCE), and customer satisfaction research, estimated burden, over three years for to pretest NCI communications allowing NCI to: (1) Understand this generic request are 6,600 hours.

3-YEAR ESTIMATED BURDEN HOURS (GENERIC REQUEST)

Frequency of Time per Category of respondents Form name Number of response per response Burden hours respondents respondent (in hours)

Individuals, Households, Local, Focus Groups, Individual In-Depth 33,000 1 12/60 6,600 State, and Federal Governments, Interviews, Brief Interviews, Sur- and Private Sector. veys, Website Usability Testing.

Dated: February 27, 2013. and personal information concerning Infertility Loan Repayment Program, National Vivian Horovitch-Kelley, individuals associated with the grant Institutes of Health, HHS) NCI Project Clearance Liaison, NCI, NIH. applications, the disclosure of which Dated: February 28, 2013. [FR Doc. 2013–05164 Filed 3–5–13; 8:45 am] would constitute a clearly unwarranted Michelle Trout, BILLING CODE 4140–01–P invasion of personal privacy. Program Analyst, Office of Federal Advisory Name of Committee: National Institute of Committee Policy. Child Health and Human Development [FR Doc. 2013–05109 Filed 3–5–13; 8:45 am] DEPARTMENT OF HEALTH AND Special Emphasis Panel; Multigenic Disease BILLING CODE 4140–01–P HUMAN SERVICES Models. Date: March 20, 2013. National Institutes of Health Time: 9:00 a.m. to 11:00 a.m. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant HUMAN SERVICES Eunice Kennedy Shriver National applications. Institute of Child Health & Human Place: National Institutes of Health, 6100 National Institutes of Health Development; Notice of Closed Executive Boulevard, Rockville, MD 20852, Meeting (Telephone Conference Call). Eunice Kennedy Shriver National Contact Person: Cathy J. Wedeen, Ph.D., Institute of Child Health & Human Pursuant to section 10(d) of the Scientific Review Officer, Division of Development; Notice of Closed Federal Advisory Committee Act, as Scientific Review, OD, Eunice Kennedy Meeting amended (5 U.S.C. App.), notice is Shriver National Institute of Child Health hereby given of the following meeting. and Human Development, NIH, 6100 Pursuant to section 10(d) of the The meeting will be closed to the Executive Blvd., Room 5B01–G, Bethesda, Federal Advisory Committee Act, as public in accordance with the MD 20892, 301–435–6878, amended (5 U.S.C. App.), notice is provisions set forth in sections [email protected]. hereby given of the following meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Catalogue of Federal Domestic Assistance The meeting will be closed to the as amended. The grant applications and Program Nos. 93.864, Population Research; public in accordance with the the discussions could disclose 93.865, Research for Mothers and Children; provisions set forth in sections confidential trade secrets or commercial 93.929, Center for Medical Rehabilitation 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, Research; 93.209, Contraception and as amended. The grant applications and

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the discussions could disclose Time: 9:00 a.m. to 5:00 p.m. Date: March 28–29, 2013. confidential trade secrets or commercial Agenda: To review and evaluate grant Time: 9:00 a.m. to 5:00 p.m. property such as patentable material, applications. Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 applications. and personal information concerning Rockledge Drive, Bethesda, MD 20892. Place: National Institutes of Health, 6701 individuals associated with the grant Contact Person: Mehrdad Mohseni, MD, Rockledge Drive, Bethesda, MD 20892, applications, the disclosure of which Scientific Review Officer, Center for (Virtual Meeting). would constitute a clearly unwarranted Scientific Review, National Institutes of Contact Person: Kimm Hamann, Ph.D., invasion of personal privacy. Health, 6701 Rockledge Drive, Room 5211, Scientific Review Officer, Center for MSC 7854, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Name of Committee: National Institute of 0484, [email protected]. Health, 6701 Rockledge Drive, Room 4118A, Child Health and Human Development Name of Committee: Center for Scientific MSC 7814, Bethesda, MD 20892, 301–435– Special Emphasis Panel; Approaches to 5575, [email protected]. Fragile X Therapeutics. Review Special Emphasis Panel; Program Date: March 29, 2013. Project: HIV Cell Entry. Name of Committee: Center for Scientific Time: 10:00 a.m. to 12:00 p.m. Date: March 27–28, 2013. Review Special Emphasis Panel; Member Agenda: To review and evaluate grant Time: 10:00 a.m. to 5:00 p.m. Conflict: Atherosclerosis and Vascular applications. Agenda: To review and evaluate grant Dysfunction. Place: National Institutes of Health, 6100 applications. Date: March 28, 2013. Executive Boulevard, Rockville, MD 20852, Place: National Institutes of Health, 6701 Time: 1:00 p.m. to 3:00 p.m. (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Contact Person: Cathy J. Wedeen, Ph.D., (Virtual Meeting). applications. Scientific Review Officer, Division of Contact Person: Kenneth A Roebuck, Ph.D., Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20817, Scientific Review, OD, Eunice Kennedy Scientific Review Officer, Center for Scientific Review, National Institutes of (Telephone Conference Call). Shriver National Institute of Child Health Health, 6701 Rockledge Drive, Room 5106, Contact Person: Luis Espinoza, Ph.D., and Human Development, NIH, 6100 MSC 7852, Bethesda, MD 20892, (301) 435– Scientific Review Officer, Center for Executive Blvd., Room 5B01–G, Bethesda, 1166, [email protected]. Scientific Review, National Institutes of MD 20892, 301–435–6878, Health, 6701 Rockledge Drive, Room 6183, [email protected]. Name of Committee: Center for Scientific Review Special Emphasis Panel; MSC 7804, Bethesda, MD 20892, 301–495– (Catalogue of Federal Domestic Assistance Fellowships: Behavioral Neuroscience. 1213, [email protected]. Program Nos. 93.864, Population Research; Date: March 28–29, 2013. Name of Committee: Center for Scientific 93.865, Research for Mothers and Children; Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel; Member 93.929, Center for Medical Rehabilitation Agenda: To review and evaluate grant Conflict: Molecular Neuroscience of Research; 93.209, Contraception and applications. Channels and Receptors. Infertility Loan Repayment Program, National Place: Allerton Hotel Chicago, 701 North Date: March 28, 2013. Institutes of Health, HHS) Michigan Avenue, Chicago, IL 60611. Time: 1:00 p.m. to 3:30 p.m. Dated: February 28, 2013. Contact Person: Kristin Kramer, Ph.D., Agenda: To review and evaluate grant Michelle Trout, Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Program Analyst, Office of Federal Advisory Health, 6701 Rockledge Drive, Room 5205, Rockledge Drive, Bethesda, MD 20892, Committee Policy. MSC 7846, Bethesda, MD 20892, (301) 437– (Telephone Conference Call). [FR Doc. 2013–05107 Filed 3–5–13; 8:45 am] 0911, [email protected]. Contact Person: Carol Hamelink, Ph.D., BILLING CODE 4140–01–P Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel; RFA– Scientific Review, National Institutes of RM12–012: Extracellular RNA Biogenesis. Health, 6701 Rockledge Drive, Room 4192, DEPARTMENT OF HEALTH AND Date: March 28–29, 2013. MSC 7850, Bethesda, MD 20892, (301) 213– HUMAN SERVICES Time: 8:00 a.m. to 5:00 p.m. 9887, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific National Institutes of Health applications. Review Special Emphasis Panel; Member Place: Embassy Suites at the Chevy Chase Conflict: Basic Immunological Sciences. Center for Scientific Review; Notice of Pavilion, 4300 Military Road NW., Date: March 28, 2013. Closed Meetings Washington, DC 20015. Time: 12:00 p.m. to 6:00 p.m. Contact Person: Manzoor Zarger, Ph.D., Agenda: To review and evaluate grant Pursuant to section 10(d) of the Scientific Review Officer, Center for applications. Federal Advisory Committee Act, as Scientific Review, National Institutes of Place: National Institutes of Health, 6701 amended (5 U.S.C. App.), notice is Health, 6701 Rockledge Drive, Room 6208, Rockledge Drive, Bethesda, MD 20892, MSC 7804, Bethesda, MD 20892, (301) 435– (Virtual Meeting). hereby given of the following meetings. Contact Person: Patrick K Lai, Ph.D., The meetings will be closed to the 2477, [email protected]. Name of Committee: Center for Scientific Scientific Review Officer, Center for public in accordance with the Scientific Review, National Institutes of provisions set forth in sections Review Special Emphasis Panel; Member Conflict: ODCS–MTE. Health, 6701 Rockledge Drive, Room 2215, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: March 28–29, 2013. MSC 7812, Bethesda, MD 20892, 301–435– as amended. The grant applications and Time: 8:00 a.m. to 5:00 p.m. 1052, [email protected]. the discussions could disclose Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial applications. Program Nos. 93.306, Comparative Medicine; property such as patentable material, Place: National Institutes of Health, 6701 93.333, Clinical Research, 93.306, 93.333, and personal information concerning Rockledge Drive, Bethesda, MD 20892, 93.337, 93.393–93.396, 93.837–93.844, individuals associated with the grant (Virtual Meeting). 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) applications, the disclosure of which Contact Person: Jo Pelham, BA, Scientific Review Officer, Center for Scientific Review, Dated: February 28, 2013. would constitute a clearly unwarranted National Institutes of Health, 6701 Rockledge Carolyn A. Baum, invasion of personal privacy. Drive, Room 4102, MSC 7814, Bethesda, MD Name of Committee: Center for Scientific 20892, (301) 435–1786, [email protected]. Program Analyst, Office of Federal Advisory Committee Policy. Review Special Emphasis Panel; Medical Name of Committee: Center for Scientific Imaging Investigations. Review Special Emphasis Panel; Member [FR Doc. 2013–05111 Filed 3–5–13; 8:45 am] Date: March 25–26, 2013. Conflict: Cardiovascular Sciences. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND represented, and a written copy of their Agenda: To review and evaluate grant HUMAN SERVICES oral presentation in advance of the applications. meeting. Only one representative of an Place: The Holiday Inn Express, 1775 National Institutes of Health organization will be allowed to present; Rockville Pike, Rockville, MD 20852. Contact Person: David H. Weinberg, Ph.D., oral comments and presentations will be Scientific Review Officer, Division of Notice of Diabetes Mellitus Interagency limited to a maximum of 5 minutes. Coordinating Committee Meeting Scientific Review, Eunice Kennedy Shriver Printed and electronic copies are National Institute of Child Health and SUMMARY: The Diabetes Mellitus requested for the record. In addition, Human Development, NIH, 6100 Executive Interagency Coordinating Committee any interested person may file written Blvd., Room 5B01, Rockville, MD 20852, 301–435–6973, [email protected]. (DMICC) will hold a meeting on March comments with the Committee by 28, 2013, focusing on ‘‘Federal forwarding their statement to the (Catalogue of Federal Domestic Assistance contact person listed on this notice. The Program Nos. 93.864, Population Research; Initiatives to Address Gestational 93.865, Research for Mothers and Children; Diabetes Mellitus.’’ The meeting is open statement should include the name, address, telephone number and when 93.929, Center for Medical Rehabilitation to the public. Research; 93.209, Contraception and applicable, the business or professional DATES: The meeting will be held on Infertility Loan Repayment Program, National affiliation of the interested person. March 28, 2013 from 1:30 to 4:30 p.m. Institutes of Health, HHS) Because of time constraints for the Individuals wanting to present oral Dated: February 28, 2013. meeting, oral comments will be allowed comments must notify the contact on a first-come-first-served basis. Michelle Trout, person at least 10 days before the Program Analyst, Office of Federal Advisory meeting date. Members of the public who would like to receive email notification about Committee Policy. ADDRESSES: The meeting will be held at future DMICC meetings should register [FR Doc. 2013–05105 Filed 3–5–13; 8:45 am] the Natcher Conference Center (Building for the listserv available on the DMICC BILLING CODE 4140–01–P 45) on the NIH Campus at 45 Center Web site, www.diabetescommittee.gov. Drive, Bethesda, MD 20892. Dated: February 28, 2013. FOR FURTHER INFORMATION CONTACT: For DEPARTMENT OF HEALTH AND further information concerning this B. Tibor Roberts, HUMAN SERVICES meeting, see the DMICC Web site, Executive Secretary, DMICC, Office of www.diabetescommittee.gov, or contact Scientific Program and Policy Analysis, National Institutes of Health Dr. B. Tibor Roberts, Executive National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of National Institute on Drug Abuse; Secretary of the Diabetes Mellitus Health. Notice of Closed Meeting Interagency Coordinating Committee, [FR Doc. 2013–05163 Filed 3–5–13; 8:45 am] National Institute of Diabetes and Pursuant to section 10(d) of the Digestive and Kidney Diseases, 31 BILLING CODE 4140–01–P Federal Advisory Committee Act, as Center Drive, Building 31A, Room amended (5 U.S.C. App), notice is 9A19, MSC 2560, Bethesda, MD 20892– DEPARTMENT OF HEALTH AND hereby given of the following meeting. The meeting will be closed to the 2560, telephone: 301–496–6623; FAX: HUMAN SERVICES 301–480–6741; email: public in accordance with the [email protected]. National Institutes of Health provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., SUPPLEMENTARY INFORMATION: The Eunice Kennedy Shriver National as amended. The grant applications and DMICC, chaired by the National Institute of Child Health & Human the discussions could disclose Institute of Diabetes and Digestive and Development; Notice of Closed confidential trade secrets or commercial Kidney Diseases (NIDDK), is comprised Meeting property such as patentable materials, of members of the Department of Health and personal information concerning and Human Services and other federal Pursuant to section 10(d) of the individuals associated with the grant agencies that support diabetes-related Federal Advisory Committee Act, as applications, the disclosure of which activities, facilitates cooperation, amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted communication, and collaboration on hereby given of the following meeting. invasion of personal privacy. diabetes among government entities. The meeting will be closed to the Name of Committee: National DMICC meetings, held several times a public in accordance with the Institute on Drug Abuse Special year, provide an opportunity for provisions set forth in sections Emphasis Panel; Strategic Alliances for Committee members to learn about and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Medications Development to Treat discuss current and future diabetes as amended. The grant applications and Substance Use Disorders (R01). programs in DMICC member the discussions could disclose Date: March 20, 2013. organizations and to identify confidential trade secrets or commercial Time: 1:00 p.m. to 4:00 p.m. opportunities for collaboration. The property such as patentable material, Agenda: To review and evaluate grant March 28, 2013 DMICC meeting will and personal information concerning applications. focus on ‘‘Federal Initiatives to Address individuals associated with the grant Place: National Institutes of Health, Gestational Diabetes Mellitus.’’ applications, the disclosure of which Neuroscience Center, 6001 Executive Any member of the public interested would constitute a clearly unwarranted Boulevard, Rockville, MD 20852, in presenting oral comments to the invasion of personal privacy. (Telephone Conference Call). Committee should notify the contact Contact Person: Jose F. Ruiz, Ph.D., person listed on this notice at least 10 Name of Committee: National Institute of Scientific Review Officer, Office of Child Health and Human Development days in advance of the meeting. Special Emphasis Panel; Genomic Extramural Affairs, National Institute on Interested individuals and Sequencing and Newborn Screening Drug Abuse, NIH, Room 4228, MSC representatives or organizations should Disorders. 9550, 6001 Executive Blvd., Bethesda, submit a letter of intent, a brief Date: April 3–4, 2013. MD 20892–9550, (301) 451–3086, description of the organization Time: 8:00 a.m. to 6:00 p.m. [email protected].

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Dated: February 28, 2013. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Michelle Trout, HUMAN SERVICES HUMAN SERVICES Program Analyst, Office of Federal Advisory Committee Policy. National Institutes of Health National Institutes of Health [FR Doc. 2013–05101 Filed 3–5–13; 8:45 am] Eunice Kennedy Shriver National BILLING CODE 4140–01–P Eunice Kennedy Shriver National Institute of Child Health & Human Institute of Child Health & Human Development; Notice of Closed Development; Notice of Closed DEPARTMENT OF HEALTH AND Meeting Meeting HUMAN SERVICES Pursuant to section 10(d) of the Pursuant to section 10(d) of the National Institutes of Health Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is National Institute of Environmental hereby given of the following meeting. hereby given of the following meeting. Health Sciences; Notice of Closed The meeting will be closed to the Meeting The meeting will be closed to the public in accordance with the public in accordance with the provisions set forth in sections Pursuant to section 10(d) of the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and amended (5 U.S.C. App.), notice is as amended. The grant applications and the discussions could disclose hereby given of the following meeting. the discussions could disclose confidential trade secrets or commercial The meeting will be closed to the confidential trade secrets or commercial property such as patentable material, public in accordance with the and personal information concerning provisions set forth in sections property such as patentable material, and personal information concerning individuals associated with the contract 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals, the disclosure of which as amended. The grant applications and individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial would constitute a clearly unwarranted property such as patentable material, invasion of personal privacy. Name of Committee: National Institute of and personal information concerning Child Health and Human Development Name of Committee: National Institute of Special Emphasis Panel; Impact of progestin individuals associated with the grant Child Health and Human Development contraception on risk of HIV acquisition and applications, the disclosure of which Special Emphasis Panel; Ad Health transmission. would constitute a clearly unwarranted Continuation. Date: April 4, 2013. invasion of personal privacy. Date: April 3, 2013. Time: 1:00 p.m. to 4:00 p.m. Name of Committee: National Institute of Time: 3:00 p.m. to 6:00 p.m. Agenda: To review and evaluate contract Environmental Health Sciences Special Agenda: To review and evaluate grant proposals. Emphasis Panel; Studies on Environmental applications. Place: National Institutes of Health, 6100 Health Concerns from Superstorm Sandy. Place: National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852, Date: April 2–3, 2013. Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). Contact Person: Sathasiva B. Kandasamy, Time: 12:00 p.m. to 1:00 p.m. (Telephone Conference Call). Ph.D., Scientific Review Officer, Division of Agenda: To review and evaluate grant Contact Person: Carla T. Walls, Ph.D., applications. Scientific Review, National Institute of Child Scientific Review Officer, Division of Health and Human Development, 6100 Place: NIEHS/National Institutes of Health, Scientific Review, Eunice Kennedy Shriver Keystone Building, 530 Davis Drive, Research Executive Boulevard, Rockville, MD 20892– National Institute of Child Health and Triangle Park, NC 27709, (Virtual Meeting). 9304, (301) 435–6680, Contact Person: Sally Eckert-Tilotta, Ph.D., Human Development, NIH, 6100 Executive [email protected]. Scientific Review Administrator, National Boulevard, Room 5B01, Bethesda, MD (Catalogue of Federal Domestic Assistance Institute of Environmental Health Sciences, 20892–7510, 301–435–6898, Program Nos. 93.864, Population Research; Office of Program Operations, Scientific [email protected]. 93.865, Research for Mothers and Children; Review Branch, P.O. Box 12233, Research (Catalogue of Federal Domestic Assistance 93.929, Center for Medical Rehabilitation Triangle Park, NC 27709, (919) 541–1446, Program Nos. 93.864, Population Research; Research; 93.209, Contraception and Infertility Loan Repayment Program, National [email protected]. 93.865, Research for Mothers and Children; Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance 93.929, Center for Medical Rehabilitation Program Nos. 93.115, Biometry and Risk Research; 93.209, Contraception and Dated: February 28, 2013. Estimation—Health Risks from Infertility Loan Repayment Program, National Michelle Trout, Environmental Exposures; 93.142, NIEHS Institutes of Health, HHS) Program Analyst, Office of Federal Advisory Hazardous Waste Worker Health and Safety Committee Policy. Training; 93.143, NIEHS Superfund Dated: February 28, 2013. [FR Doc. 2013–05103 Filed 3–5–13; 8:45 am] Hazardous Substances—Basic Research and Michelle Trout, Education; 93.894, Resources and Manpower BILLING CODE 4140–01–P Development in the Environmental Health Program Analyst, Office of Federal Advisory Sciences; 93.113, Biological Response to Committee Policy. Environmental Health Hazards; 93.114, [FR Doc. 2013–05104 Filed 3–5–13; 8:45 am] DEPARTMENT OF HEALTH AND Applied Toxicological Research and Testing, BILLING CODE 4140–01–P HUMAN SERVICES National Institutes of Health, HHS) Dated: February 28, 2013. National Institutes of Health Carolyn A. Baum, National Institute on Drug Abuse; Program Analyst, Office of Federal Advisory Notice of Closed Meetings Committee Policy. [FR Doc. 2013–05100 Filed 3–5–13; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4140–01–P Federal Advisory Committee Act, as

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amended (5 U.S.C. App), notice is Addiction Research Programs, National DEPARTMENT OF HEALTH AND hereby given of the following meetings. Institutes of Health, HHS) HUMAN SERVICES The meetings will be closed to the Dated: February 28, 2013. public in accordance with the National Institutes of Health Michelle Trout, provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Analyst, Office of Federal Advisory Eunice Kennedy Shriver National as amended. The contract proposals and Committee Policy. Institute of Child Health & Human the discussions could disclose [FR Doc. 2013–05102 Filed 3–5–13; 8:45 am] Development; Notice of Closed confidential trade secrets or commercial BILLING CODE 4140–01–P Meeting property such as patentable materials, and personal information concerning Pursuant to section 10(d) of the individuals associated with the contract DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as proposals, the disclosure of which HUMAN SERVICES amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted hereby given of the following meeting. invasion of personal privacy. National Institutes of Health The meeting will be closed to the Name of Committee: National Institute on National Heart, Lung, and Blood public in accordance with the Drug Abuse Special Emphasis Panel; provisions set forth in sections International Research and Training Support Institute; Notice of Closed Meeting Program (1151). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 4, 2013. Pursuant to section 10(d) of the as amended. The grant applications and Time: 10:00 a.m. to 2:00 p.m. Federal Advisory Committee Act, as the discussions could disclose Agenda: To review and evaluate contract amended (5 U.S.C. App.), notice is confidential trade secrets or commercial proposals. hereby given of the following meeting. property such as patentable material, Place: National Institutes of Health, Neuroscience Center, 6001 Executive The meeting will be closed to the and personal information concerning Boulevard, Rockville, MD 20852, (Telephone public in accordance with the individuals associated with the grant Conference Call). provisions set forth in sections applications, the disclosure of which Contact Person: Lyle Furr, Contract Review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Specialist, Office of Extramural Affairs, invasion of personal privacy. National Institute on Drug Abuse, NIH, as amended. The grant applications and DHHS, Room 4227, MSC 9550, 6001 the discussions could disclose Name of Committee: National Institute of Executive Boulevard, Bethesda, MD 20892– confidential trade secrets or commercial Child Health and Human Development 9550, (301) 435–1439, lf33c.nih.gov. property such as patentable material, Special Emphasis Panel; Prevention of HIV Name of Committee: National Institute on and personal information concerning Transmission/Acquisition Through a Better Drug Abuse Special Emphasis Panel; individuals associated with the grant Understanding of Reproductive Health (R03). Synthesis and Distribution of Drugs of Abuse applications, the disclosure of which Date: March 28–29, 2013. and Related Compounds (7784). would constitute a clearly unwarranted Time: 8:00 a.m. to 5:00 p.m. Date: April 11, 2013. Agenda: To review and evaluate grant Time: 10:00 a.m. to 12:00 p.m. invasion of personal privacy. applications. Agenda: To review and evaluate contract Name of Committee: National Heart, Lung, Place: Double Tree Hotel Bethesda proposals. and Blood Institute Special Emphasis Panel; Place: National Institutes of Health, (Formerly Holiday Inn Select), 8120 NHLBI K Career Development Award Neuroscience Center, 6001 Executive Wisconsin Avenue, Bethesda, MD 20814. Boulevard, Rockville, MD 20852, (Telephone Application Review. Contact Person: Rita Anand, Ph.D., Conference Call). Date: March 26, 2013. Scientific Review Officer, Division of Contact Person: Lyle Furr, Contract Review Time: 1:00 p.m. to 3:00 p.m. Scientific Review, Eunice Kennedy Shriver Specialist, Office of Extramural Affairs, Agenda: To review and evaluate grant National Institute of Child Health and National Institute on Drug Abuse, NIH, applications. Human Development, NIH, 6100 Executive DHHS, Room 4227, MSC 9550, 6001 Place: National Institutes of Health, 6701 Blvd., Room 5B01, Bethesda, MD 20892, Executive Boulevard, Bethesda, MD 20892– Rockledge Drive, Room 7196, Bethesda, MD 301–496–1487, [email protected]. 9550, (301) 435–1439, lf33c.nih.gov. 20892, (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Contact Person: Stephanie J Webb, Ph.D., Program Nos. 93.864, Population Research; Drug Abuse Special Emphasis Panel; Scientific Review Officer, Office of Scientific 93.865, Research for Mothers and Children; Feasibility of Development of RNAi-based Review/DERA, National Heart, Lung, and Therapeutics for Treatment of HIV and HCV 93.929, Center for Medical Rehabilitation Blood Institute, 6701 Rockledge Drive, Room Infections in Drug Abusing Populations Research; 93.209, Contraception and 7196, Bethesda, MD 20892, 301–435–0291, (8907). Infertility Loan Repayment Program, National [email protected]. Date: April 16, 2013. Institutes of Health, HHS Time: 1:00 p.m. to 3:00 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate contract Program Nos. 93.233, National Center for Dated: February 28, 2013. proposals. Sleep Disorders Research; 93.837, Heart and Michelle Trout, Place: National Institutes of Health, Vascular Diseases Research; 93.838, Lung Program Analyst, Office of Federal Advisory Neuroscience Center, 6001 Executive Diseases Research; 93.839, Blood Diseases Committee Policy. Boulevard, Rockville, MD 20852, (Telephone and Resources Research, National Institutes Conference Call). [FR Doc. 2013–05108 Filed 3–5–13; 8:45 am] of Health, HHS) Contact Person: Minna Liang, Ph.D., BILLING CODE 4140–01–P Scientific Review Officer, Grants Review Dated: February 28, 2013. Branch, Office of Extramural Affairs, Michelle Trout, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4226, Program Analyst, Office of Federal Advisory MSC 9550, Bethesda, MD 20892–9550, 301– Committee Policy. 435–1432, [email protected]. [FR Doc. 2013–05110 Filed 3–5–13; 8:45 am] (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos.: 93.279, Drug Abuse and

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DEPARTMENT OF HEALTH AND the Federated States of Micronesia, and that may still enact vending machine HUMAN SERVICES the Republic of the Marshall Islands. restrictions and can report this Regulations that implement this information in the new Question 1c. Substance Abuse and Mental Health legislation are at 45 CFR 96.130, are Questions 5a, 5b, and 5d: Services Administration approved by OMB under control Enforcement Agencies, Evidence of number 0930–0163, and require that Enforcement and Frequency of Agency Information Collection each state submit an annual Synar Enforcement—These questions have Activities: Submission for OMB report to the Secretary describing their been clarified so it is clear that they Review; Comment Request progress in complying with section 1926 refer to enforcement of state youth of the PHS Act. The Synar report, due access laws, and not federal youth Periodically, the Substance Abuse and December 31 following the fiscal year access laws. Mental Health Services Administration for which the state is reporting, In Section II (Intended Use), the (SAMHSA) will publish a summary of describes the results of the inspections following clarification change is being information collection requests under and the activities carried out by the state made: OMB review, in compliance with the to enforce the required law; the success Question 3—State Challenges: This Paperwork Reduction Act (44 U.S.C. the state has achieved in reducing the question includes two new response Chapter 35). To request a copy of these availability of tobacco products to options (‘‘Issues regarding the age documents, call the SAMHSA Reports individuals under the age of 18; and the balance of youth inspectors’’ and Clearance Officer on (240) 276–1243. strategies to be utilized by the state for ‘‘Issues regarding the gender balance of Project: Substance Abuse Prevention enforcing such law during the fiscal youth inspectors’’) since these are and Treatment Block Grant Synar year for which the grant is sought. common challenges reported by states. Report Format, FFY 2014–2016—(OMB SAMHSA’s Center for Substance Abuse While CSAP had originally Prevention will request OMB approval No. 0930–0222)—Revision recommended adding one new response of revisions to the current report format option, the recommended response Section 1926 of the Public Health associated with Section 1926 (42 U.S.C. option was split into two based on Service Act [42 U.S.C. 300x–26] 300x–26). The report format is not feedback received during the sixty day stipulates that funding Substance Abuse changing significantly. Any changes in comment period. either formatting or content are being Prevention and Treatment Block Grant In Appendix B (Synar Survey made to simplify the reporting process (SABG) agreements for alcohol and drug Sampling Methodology), the following for the states and to clarify the abuse programs for fiscal year 1994 and clarification is being made: information as the states report it; both subsequent fiscal years require states to Question 4—Vending machine outcomes will facilitate consistent, have in effect a law providing that it is inclusion in Synar Survey—This credible, and efficient monitoring of unlawful for any manufacturer, retailer, question, which asks if vending Synar compliance across the states. All or distributor of tobacco products to sell machines are included in the Synar or distribute any such product to any of the information required in the new report format is already being collected survey and the reasons for their individual under the age of 18. This elimination if they are not included, section further requires that states by the states. Specific changes are listed below: includes a new response option (‘‘State conduct annual, random, unannounced has a contract with the FDA and is inspections to ensure compliance with Clarification Changes actively enforcing the vending machine the law; that the state submit annually To decrease the need for requirements of the Family Smoking a report describing the results of the supplemental questions and reporting, Prevention and Tobacco Control Act’’). inspections, the activities carried out by additional instruction has been This new option is included because the state to enforce the required law, the included in 4 portions of the report. federal law bans vending machines in success the state has achieved in In Section I (Compliance Progress), youth accessible locations and states reducing the availability of tobacco the following clarification changes are that are contracted with the FDA to products to individuals under the age of being made with respect to the Annual enforce this provision are not required 18, and the strategies to be utilized by Synar Report: to include vending machines in their the state for enforcing such law during Question 1c: Changes to State law— Synar surveys. the fiscal year for which the grant is This question, which was formerly In Appendix C (Synar Survey sought. Question 1d, asks about changes to state Inspection Protocol), the following Before making an award to a State youth access to tobacco laws and has change is being made: under the SABG, the Secretary must been edited to include an option for Question 1—Synar Survey Protocol— make a determination that the state has changes to state law concerning vending This question, which asks about aspects maintained compliance with these machines. The former Question 1c, of the state’s Synar survey protocol requirements. If a determination is made which contained detailed information (including whether buys are that the state is not in compliance, about types of changes to vending consummated or unconsummated, penalties shall be applied. Penalties machine laws has been eliminated due whether youth inspectors carry ranged from 10 percent of the Block to the fact that the Family Smoking identification, whether adult inspectors Grant in applicable year 1 (FFY 1997 Prevention and Tobacco Control Act, enter the outlet with the youth, and SABG Applications) to 40 percent in which gives the Food and Drug whether youth inspectors are applicable year 4 (FFY 2000 SABG Administration (FDA) the authority to compensated), has been edited to Applications) and subsequent years. regulate tobacco products, banned remove the option for ‘‘Not specified in Respondents include the 50 states, the vending machines in youth accessible protocol’’ since all states are required to District of Columbia, the locations as of June 2010, making it submit Synar protocols that include Commonwealth of Puerto Rico, the U.S. unlikely that states that have not done these items. Additionally, a requirement Virgin Islands, Guam, American Samoa, so already will enact similar state laws. for states to provide a narrative the Commonwealth of the Northern However, there are three U.S. explanation has been included for those Mariana Islands, the Republic of Palau, jurisdictions not subject to federal law states who choose the response option

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‘‘Permitted under specified to enforce federal youth access laws, to Question 10b—Stratum Level circumstances.’’ describe the relationship between the Information—This question, which asks state’s Synar program and this agency, states who used the stratum level Content Changes and to identify if the state uses data calculator to provide the stratum level The content of the Synar Report has from the FDA enforcement inspections information, eliminates the need for changed little. The content changes that for the Synar survey. They have been Government Project Officers to ask this have been made address the need to (1) added to replace the previously open- clarifying question during the review clarify the intent of information ended Question 5g, which required a process. requested via the addition of clarifying narrative response. These close-ended In Appendix C (Synar Survey questions, (2) reduce the need for questions will focus state responses. Inspection Protocol), the following Government Project Officers to ask In Appendix B (Synar Survey change is being made: additional questions to supplement the Sampling Methodology), the following originally submitted Report. These changes are being made: Questions 4a–b—Type of Tobacco additions and changes are essential to Questions 9a–b—Synar Survey Products—These questions, which ask SAMHSA’s ability to adequately assess Estimation System Sample Size (SSES) the state to define the type of tobacco state and jurisdictional compliance with Calculator—These questions, which ask products requested during Synar the Synar regulation. if the state used the SSES sample size inspections and to describe the protocol In Section I (Compliance Progress), calculator and if so, if they used the for tobacco type selection, have been the following changes are being made state or stratum level calculator, will added to Appendix C. They have been with respect to the Annual Synar eliminate the need for Government added to provide additional information Report: Project Officers to ask these clarifying about state Synar protocols, which is Questions 4d–g—Coordination with questions during the review process. frequently requested by partner agencies Agency that Receives the FDA State This revision also eliminates the need and can also be used to target technical Enforcement Contract—These close- for those states who use the SSES assistance. ended questions ask the state to list the sample size calculator to manually list There are no changes to Forms 1–5 or agency that is under contract to the FDA the sample size formulas. Appendix D.

ANNUAL REPORTING BURDEN

Number of Responses Total number Hours per Total hour 45 CFR Citation 1 per respondents respondents of responses response burden

Annual Report (Section 1—States and Territories) 96.130(e)(1–3) ...... 59 1 59 15 885 State Plan (Section II—States and Territories) 96.130(e)(4,5), 96.130(g)...... 59 1 59 3 177

Total ...... 59 ...... 1,062 1 Red Lake Indian Tribe is not subject to tobacco requirements.

Written comments and DEPARTMENT OF HOMELAND community, is appropriate because of recommendations concerning the SECURITY new scientific or technical data. The proposed information collection should FIRM, and where applicable, portions of be sent by April 5, 2013 to the SAMHSA Federal Emergency Management the FIS report, have been revised to Desk Officer at the Office of Information Agency reflect these flood hazard and Regulatory Affairs, Office of determinations through issuance of a Management and Budget (OMB). To [Docket ID FEMA–2013–0002; Internal Letter of Map Revision (LOMR), in Agency Docket No. FEMA–B–1297] ensure timely receipt of comments, and accordance with Title 44, Part 65 of the to avoid potential delays in OMB’s Changes in Flood Hazard Code of Federal Regulations (44 CFR receipt and processing of mail sent Determinations part 65). The LOMR will be used by through the U.S. Postal Service, insurance agents and others to calculate commenters are encouraged to submit AGENCY: Federal Emergency appropriate flood insurance premium their comments to OMB via email to: Management Agency, DHS. rates for new buildings and the contents [email protected]. ACTION: Notice. of those buildings. For rating purposes, Although commenters are encouraged to the currently effective community send their comments via email, SUMMARY: This notice lists communities number is shown in the table below and commenters may also fax their where the addition or modification of must be used for all new policies and comments to: 202–395–7285. Base Flood Elevations (BFEs), base flood renewals. Commenters may also mail them to: depths, Special Flood Hazard Area Office of Management and Budget, (SFHA) boundaries or zone DATES: These flood hazard Office of Information and Regulatory designations, or the regulatory floodway determinations will become effective on Affairs, New Executive Office Building, (hereinafter referred to as flood hazard the dates listed in the table below and Room 10102, Washington, DC 20503. determinations), as shown on the Flood revise the FIRM panels and FIS report Insurance Rate Maps (FIRMs), and in effect prior to this determination for Summer King, where applicable, in the supporting the listed communities. Statistician. Flood Insurance Study (FIS) reports, From the date of the second [FR Doc. 2013–05098 Filed 3–5–13; 8:45 am] prepared by the Federal Emergency publication of notification of these BILLING CODE 4162–20–P Management Agency (FEMA) for each changes in a newspaper of local

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circulation, any person has ninety (90) the FEMA Map Information eXchange National Flood Insurance Program days in which to request through the (FMIX) online at (NFIP). community that the Deputy Associate www.floodmaps.fema.gov/fhm/ These flood hazard determinations, Administrator for Mitigation reconsider fmx_main.html. together with the floodplain the changes. The flood hazard SUPPLEMENTARY INFORMATION: The management criteria required by 44 CFR determination information may be specific flood hazard determinations are 60.3, are the minimum that are required. changed during the 90-day period. not described for each community in They should not be construed to mean ADDRESSES: The affected communities this notice. However, the online that the community must change any are listed in the table below. Revised location and local community map existing ordinances that are more flood hazard information for each repository address where the flood stringent in their floodplain community is available for inspection at hazard determination information is management requirements. The both the online location and the available for inspection is provided. community may at any time enact respective community map repository Any request for reconsideration of stricter requirements of its own or address listed in the table below. flood hazard determinations must be pursuant to policies established by other Additionally, the current effective FIRM submitted to the Chief Executive Officer Federal, State, or regional entities. The and FIS report for each community are of the community as listed in the table flood hazard determinations are in accessible online through the FEMA below. accordance with 44 CFR 65.4. Map Service Center at The modifications are made pursuant The affected communities are listed in www.msc.fema.gov for comparison. to section 201 of the Flood Disaster the following table. Flood hazard Submit comments and/or appeals to Protection Act of 1973, 42 U.S.C. 4105, determination information for each the Chief Executive Officer of the and are in accordance with the National community is available for inspection at community as listed in the table below. Flood Insurance Act of 1968, 42 U.S.C. both the online location and the FOR FURTHER INFORMATION CONTACT: Luis 4001 et seq., and with 44 CFR part 65. respective community map repository Rodriguez, Chief, Engineering The FIRM and FIS report are the basis address listed in the table below. Management Branch, Federal Insurance of the floodplain management measures Additionally, the current effective FIRM and Mitigation Administration, FEMA, that the community is required either to and FIS report for each community are 500 C Street SW., Washington, DC adopt or to show evidence of having in accessible online through the FEMA 20472, (202) 646–4064, or (email) effect in order to qualify or remain Map Service Center at [email protected]; or visit qualified for participation in the www.msc.fema.gov for comparison.

Location and Chief executive officer of Community map Online location of letter of map Effective date of Community State and county case No. community repository revision modification No.

Oklahoma: Tulsa ...... City of Jenks Mr. Mike Tinker, Man- 211 North Elm Street, http://www.rampp-team.com/ April 12, 2013 ...... 400209 (12–06– ager, City of Jenks, Jenks, OK 74037. lomrs.htm. 3225P). P.O. Box 2007, Jenks, OK 74037. Tulsa ...... City of Tulsa The Honorable Dewey F. Stormwater Design Of- http://www.rampp-team.com/ April 26, 2013 ...... 405381 (12–06– Bartlett, Jr., Mayor, fice, 2317 South Jack- lomrs.htm. 4004P). City of Tulsa, 175 East son, Suite 302, Tulsa, 2nd Street, Suite 690, OK 74107. Tulsa, OK 74103. Texas: Bexar ...... City of San An- The Honorable Julian Municipal Plaza, 114 http://www.rampp-team.com/ April 18, 2013 ...... 480045 tonio (12–06– Castro, Mayor, City of West Commerce lomrs.htm. 4032P). San Antonio, P.O. Box Street, 7th Floor, San 839966, San Antonio, Antonio, TX 78205. TX 78283. Bexar ...... Unincorporated The Honorable Nelson Bexar County Public http://www.rampp-team.com/ April 17, 2013 ...... 480035 areas of Bexar W. Wolff, Bexar Coun- Works Department, lomrs.htm. County (12– ty Judge, 101 West 233 North Pecos 06–2059P). Nueva Street, 10th Street-La Trinidad, Floor, San Antonio, TX Suite 420, San Anto- 78205. nio, TX 78207. Ellis ...... City of The Honorable Buck Jor- City Hall, 401 South http://www.rampp-team.com/ March 7, 2013 ...... 480211 Waxahachie dan, Mayor, City of Rogers Street, lomrs.htm. (12–06– Waxahachie, 401 Waxahachie, TX 0792P). South Rogers Street, 75165. Waxahachie, TX 75165. Tarrant ...... City of Fort The Honorable Betsy 1000 Throckmorton http://www.rampp-team.com/ March 1, 2013 ...... 480596 Worth (12– Price, Mayor, City of Street, Fort Worth, TX lomrs.htm. 06–2292P). Fort Worth, 1000 76102. Throckmorton Street, Fort Worth, TX 76102. Virginia: Loudoun ...... Unincorporated The Honorable Scott K. Loudoun County Building http://www.rampp-team.com/ April 18, 2013 ...... 510090 areas of York, Chairman at and Development De- lomrs.htm. Loudoun Large, Loudoun Coun- partment, 1 Harrison County (12– ty Board of Super- Street South East, 03–1200P). visors, 1 Harrison Leesburg, VA 20175. Street South East, 5th Floor, Mailstop 1, Leesburg, VA 20175.

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Location and Chief executive officer of Community map Online location of letter of map Effective date of Community State and county case No. community repository revision modification No.

City of Vir- City of Virginia The Honorable William Department of Public http://www.rampp-team.com/ April 11, 2013 ...... 515531 ginia Beach (12– D. Sessoms, Jr., Works, Municipal Cen- lomrs.htm. Beach. 03–2078P). Mayor, City of Virginia ter, Building 2, 2405 Beach, City Hall, Build- Courthouse Drive, Vir- ing 1, 2401 Court- ginia Beach, VA 23456. house Drive, Virginia Beach, VA 23456.

(Catalog of Federal Domestic Assistance No. of those buildings. For rating purposes, this notice. However, the online 97.022, ‘‘Flood Insurance.’’) the currently effective community location and local community map Roy Wright, number is shown in the table below and repository address where the flood Deputy Associate Administrator for must be used for all new policies and hazard determination information is Mitigation, Department of Homeland renewals. available for inspection is provided. Security, Federal Emergency Management DATES: These flood hazard Any request for reconsideration of Agency. determinations will become effective on flood hazard determinations must be [FR Doc. 2013–05187 Filed 3–5–13; 8:45 am] the dates listed in the table below and submitted to the Chief Executive Officer BILLING CODE 9110–12–P revise the FIRM panels and FIS report of the community as listed in the table in effect prior to this determination for below. the listed communities. The modifications are made pursuant DEPARTMENT OF HOMELAND From the date of the second to section 201 of the Flood Disaster SECURITY publication of notification of these Protection Act of 1973, 42 U.S.C. 4105, changes in a newspaper of local and are in accordance with the National Federal Emergency Management Flood Insurance Act of 1968, 42 U.S.C. Agency circulation, any person has ninety (90) days in which to request through the 4001 et seq., and with 44 CFR Part 65. [Docket ID FEMA–2013–0002; Internal community that the Deputy Associate The FIRM and FIS report are the basis Agency Docket No. FEMA–B–1298] Administrator for Mitigation reconsider of the floodplain management measures the changes. The flood hazard that the community is required either to Changes in Flood Hazard determination information may be adopt or to show evidence of having in Determinations changed during the 90-day period. effect in order to qualify or remain qualified for participation in the AGENCY: Federal Emergency ADDRESSES: The affected communities National Flood Insurance Program Management Agency, DHS. are listed in the table below. Revised (NFIP). ACTION: Notice. flood hazard information for each community is available for inspection at These flood hazard determinations, SUMMARY: This notice lists communities both the online location and the together with the floodplain where the addition or modification of respective community map repository management criteria required by 44 CFR Base Flood Elevations (BFEs), base flood address listed in the table below. 60.3, are the minimum that are required. depths, Special Flood Hazard Area Additionally, the current effective FIRM They should not be construed to mean (SFHA) boundaries or zone and FIS report for each community are that the community must change any designations, or the regulatory floodway accessible online through the FEMA existing ordinances that are more (hereinafter referred to as flood hazard Map Service Center at stringent in their floodplain determinations), as shown on the Flood www.msc.fema.gov for comparison. management requirements. The Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to community may at any time enact where applicable, in the supporting the Chief Executive Officer of the stricter requirements of its own or Flood Insurance Study (FIS) reports, community as listed in the table below. pursuant to policies established by other prepared by the Federal Emergency Federal, State, or regional entities. The Management Agency (FEMA) for each FOR FURTHER INFORMATION CONTACT: Luis flood hazard determinations are in community, is appropriate because of Rodriguez, Chief, Engineering accordance with 44 CFR 65.4. new scientific or technical data. The Management Branch, Federal Insurance The affected communities are listed in FIRM, and where applicable, portions of and Mitigation Administration, FEMA, the following table. Flood hazard the FIS report, have been revised to 500 C Street SW., Washington, DC determination information for each reflect these flood hazard 20472, (202) 646–4064, or (email) community is available for inspection at determinations through issuance of a [email protected]; or visit both the online location and the Letter of Map Revision (LOMR), in the FEMA Map Information eXchange respective community map repository accordance with Title 44, Part 65 of the (FMIX) online at address listed in the table below. www.floodmaps.fema.gov/fhm/ Code of Federal Regulations (44 CFR _ Additionally, the current effective FIRM Part 65). The LOMR will be used by fmx main.html. and FIS report for each community are insurance agents and others to calculate SUPPLEMENTARY INFORMATION: The accessible online through the FEMA appropriate flood insurance premium specific flood hazard determinations are Map Service Center at rates for new buildings and the contents not described for each community in www.msc.fema.gov for comparison.

Location and Chief executive officer of Community map Online location of letter of map Effective date of Community State and county case No. community repository revision modification No.

Alabama:

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Location and Chief executive officer of Community map Online location of letter of map Effective date of Community State and county case No. community repository revision modification No.

Mobile ...... City of Prichard The Honorable Ron City Hall, 216 East http://www.bakeraecom.com/ April 29, 2013 ...... 010170 (12–04– Davis, Mayor, City of Prichard Avenue, index.php/alabama/mobile/. 4608P). Prichard, 216 East Prichard, AL 36610. Prichard Avenue, Prichard, AL 36610. Shelby ...... City of Alabaster The Honorable Marty Building Safety Depart- http://www.bakeraecom.com/ May 1, 2013 ...... 010192 (13–04– Handlon, Mayor, City ment, 200 Depot index.php/alabama/shelby-2/. 0812P). of Alabaster, City Hall, Street, Alabaster, AL 201 1st Street North, 35007. Alabaster, AL 35007. Tuscaloosa .. City of Tusca- The Honorable Walter Engineering Department, http://www.bakeraecom.com/ May 10, 2013 ...... 010203 loosa (12–04– Maddox, Mayor, City 2201 University Boule- index.php/alabama/tuscaloosa/. 4271P). of Tuscaloosa, 2201 vard, Tuscaloosa, AL University Boulevard, 35401. Tuscaloosa, AL 35401. California: Riverside ...... City of Corona The Honorable Jason Public Works Depart- http://www.r9map.org/Docs/12- May 3, 2013 ...... 060250 (12–09– Scott, Mayor, City of ment, 400 South 09-1650P-060250-102DA.pdf. 1650P). Corona, 400 South Vicentia Avenue, Co- Vicentia Avenue, Co- rona, CA 92882. rona, CA 92882. Riverside ...... City of Indian The Honorable Douglas City Hall, 44–950 Eldo- http://www.r9map.org/Docs/12- May 2, 2013 ...... 060254 Wells (12–09– H. Hanson, Mayor, rado Drive, Indian 09-3142P-060254-102DA.pdf. 3142P). City of Indian Wells, Wells, CA 92210. 44-950 Eldorado Drive, Indian Wells, CA 92210. Riverside ...... City of Norco The Honorable Kathy City Hall, 2870 Clark Av- http://www.r9map.org/Docs/12- May 3, 2013 ...... 060256 (12–09– Azevedo, Mayor, City enue, Norco, CA 09-1650P-060256-102IAC.pdf. 1650P). of Norco, 2870 Clark 92860. Avenue, Norco, CA 92860. San City of Victorville The Honorable Jim Cox, City Hall, Planning De- http://www.r9map.org/Docs/12- May 3, 2013 ...... 065068 Bernardino. (12–09– Mayor, City of partment, 14343 Civic 09-2880P-065068-102IAC.pdf. 2880P). Victorville, P.O. Box Drive, Victorville, CA 5001, Victorville, CA 92393. 92393. Colorado: Mesa ...... Unincorporated The Honorable Craig J. Mesa County Combined http://www.bakeraecom.com/ May 2, 2013 ...... 080115 areas of Mesa Meis, Chairman, Mesa Services Department, index.php/colorado/mesa/. County (12– County Board of Com- 200 South Spruce 08–0541P). missioners, P.O. Box Street, Grand Junction, 20000, Grand Junc- CO 81501. tion, CO 81502. Weld ...... Town of Fred- The Honorable Tony Planning Department, http://www.bakeraecom.com/ April 15, 2013 ...... 080244 erick (12–08– Carey, Mayor, Town of 401 Locust Street, index.php/colorado/weld/. 0198P). Frederick, P.O. Box Frederick, CO 80530. 435, Frederick, CO 80530. Weld ...... Unincorporated The Honorable Sean Weld County Public http://www.bakeraecom.com/ April 15, 2013 ...... 080266 areas of Weld Conway, Chairman, Works Department, index.php/colorado/weld/. County (12– Weld County Board of 1111 H Street, Gree- 08–0198P). Commissioners, P.O. ley, CO 80632. Box 758, Greeley, CO 80632. Florida: Broward ...... Town of Holly- The Honorable Peter J. City Hall, 2600 Holly- http://www.bakeraecom.com/ April 26, 2013 ...... 125113 wood (12–04– M. Bober, Mayor, City wood Boulevard, Holly- index.php/florida/broward/. 8174P). of Hollywood, P.O. wood, FL 33020. Box 229045, Holly- wood, FL 33022. Collier ...... City of Marco Is- The Honorable Joseph Planning Department, 50 http://www.bakeraecom.com/ May 3, 2013 ...... 120426 land (12–04– R. Batte, Chairman, Bald Eagle Drive, index.php/florida/collier/. 5498P). Marco Island City Marco Island, FL Council, 50 Bald Eagle 34145. Drive, Marco Island, FL 34145. Collier ...... City of Naples The Honorable John F. Building Department, 295 http://www.bakeraecom.com/ April 19, 2013 ...... 125130 (12–04– Sorey, III, Mayor, City Riverside Circle, index.php/florida/collier/. 5497P). of Naples, 735 8th Naples, FL 34102. Street South, Naples, FL 34102. Lee ...... Unincorporated The Honorable Cecil L. Lee County Community http://www.bakeraecom.com/ May 3, 2013 ...... 125124 areas of Lee Pendergrass, Chair- Development Depart- index.php/florida/lee-5/. County (12– man, Lee County ment, 1500 Monroe 04–7939P). Board of Commis- Street, 2nd Floor, Fort sioners, P.O. Box 398, Myers, FL 33901. Fort Myers, FL 33902.

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Location and Chief executive officer of Community map Online location of letter of map Effective date of Community State and county case No. community repository revision modification No.

Orange ...... City of Orlando The Honorable Buddy Permitting Services De- http://www.bakeraecom.com/ May 3, 2013 ...... 120186 (12–04– Dyer, Mayor, City of partment, 400 South index.php/florida/orange-2/. 4951P). Orlando, P.O. Box Orange Avenue, Or- 4990, Orlando, FL lando, FL 32301. 32808. Kentucky: Anderson ..... City of The Honorable Edwinna Codes Enforcement De- http://www.bakeraecom.com/ May 8, 2013 ...... 210003 Lawrenceburg Baker, Mayor, City of partment, 100 North index.php/kentucky/anderson-3/. (12–04– Lawrenceburg, P.O. Main Street, 1822P). Box 290, Lawrence- Lawrenceburg, KY burg, KY 40342. 40342. Fayette ...... Lexington-Fay- The Honorable James P. Lexington-Fayette Urban http://www.bakeraecom.com/ April 8, 2013 ...... 210067 ette Urban Gray, II, Mayor, Lex- County Government index.php/kentucky/fayette/. County Gov- ington-Fayette Urban Center, 200 East Main ernment (12– County Government, Street, Lexington, KY 04–4610P). 200 East Main Street, 40507. Lexington, KY 40507. Nevada: Clark ..... Unincorporated The Honorable Susan Public Works Depart- http://www.r9map.org/Docs/13- April 1, 2013 ...... 320003 areas of Clark Brager, Chair, Clark ment, 500 South 09-0072P-320003-102IC.pdf. County (13– County Board of Com- Grand Central Park- 09–0072P). missioners, 500 South way, Las Vegas, NV Grand Central Park- 89155. way, Las Vegas, NV 89155.

(Catalog of Federal Domestic Assistance No. premium rates for new buildings and For rating purposes, the currently 97.022, ‘‘Flood Insurance.’’) their contents. effective community number is shown Roy Wright, DATES: The effective date for each and must be used for all new policies Deputy Associate Administrator for LOMR is indicated in the table below. and renewals. Mitigation, Department of Homeland ADDRESSES: Each LOMR is available for The new or modified flood hazard Security, Federal Emergency Management inspection at both the respective determinations are the basis for the Agency. Community Map Repository address floodplain management measures that [FR Doc. 2013–05190 Filed 3–5–13; 8:45 am] listed in the table below and online the community is required either to BILLING CODE 9110–12–P through the FEMA Map Service Center adopt or to show evidence of being at www.msc.fema.gov. already in effect in order to remain qualified for participation in the FOR FURTHER INFORMATION CONTACT: Luis DEPARTMENT OF HOMELAND National Flood Insurance Program Rodriguez, Chief, Engineering SECURITY (NFIP). Management Branch, Federal Insurance These new or modified flood hazard Federal Emergency Management and Mitigation Administration, FEMA, determinations, together with the Agency 500 C Street SW., Washington, DC floodplain management criteria required 20472, (202) 646–4064, or (email) by 44 CFR 60.3, are the minimum that [Docket ID FEMA–2013–0002] [email protected]; or visit are required. They should not be the FEMA Map Information eXchange construed to mean that the community Changes in Flood Hazard (FMIX) online at Determinations must change any existing ordinances www.floodmaps.fema.gov/fhm/ that are more stringent in their fmx_main.html. AGENCY: Federal Emergency floodplain management requirements. Management Agency, DHS. SUPPLEMENTARY INFORMATION: The The community may at any time enact ACTION: Final Notice. Federal Emergency Management Agency stricter requirements of its own or (FEMA) makes the final flood hazard pursuant to policies established by other SUMMARY: New or modified Base (1% determinations as shown in the LOMRs Federal, State, or regional entities. annual-chance) Flood Elevations (BFEs), for each community listed in the table These new or modified flood hazard base flood depths, Special Flood Hazard below. Notice of these modified flood determinations are used to meet the Area (SFHA) boundaries or zone hazard determinations has been floodplain management requirements of designations, and/or the regulatory published in newspapers of local the NFIP and also are used to calculate floodway (hereinafter referred to as circulation and ninety (90) days have the appropriate flood insurance flood hazard determinations) as shown elapsed since that publication. The premium rates for new buildings, and on the indicated Letter of Map Revision Deputy Associate Administrator for for the contents in those buildings. The (LOMR) for each of the communities Mitigation has resolved any appeals changes in flood hazard determinations listed in the table below are finalized. resulting from this notification. are in accordance with 44 CFR 65.4. Each LOMR revises the Flood Insurance The modified flood hazard Interested lessees and owners of real Rate Maps (FIRMs), and in some cases determinations are made pursuant to property are encouraged to review the the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster final flood hazard information available currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, at the address cited below for each communities. The flood hazard and are in accordance with the National community or online through the FEMA determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. Map Service Center at will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. www.msc.fema.gov.

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Arkansas: Benton, City of Centerton The Honorable Bill Edwards, Mayor, City City Hall, 290 Main Street, December 6, 2012 ...... 050399 (FEMA Docket (12–06–2356P). of Centerton, P.O. Box 208, Centerton, Centerton, AR 72719. No.: B–1274). AR 72719. Florida: Nassau, Unincorporated The Honorable Daniel B. Leeper, Chair- 96135 Nassau Place, Yulee, December 20, 2012 ...... 120170 (FEMA Docket areas of Nassau man, Nassau County Board of Commis- FL 32097. No.: B–1274). County (12–04– sioners, 96135 Nassau Place, Suite 1, 3609P). Yulee, FL 32097. Minnesota: Hen- City of Crystal (12– The Honorable ReNae Bowman, Mayor, City Hall, 4141 Douglas Drive December 24, 2012 ...... 270156 nepin, (FEMA 05–1144P). City of Crystal, 4141 Douglas Drive North, Crystal, MN 55422. Docket No.: B– North, Crystal, MN 55422. 1274). New Mexico: City of Albuquerque The Honorable Richard J. Berry, Mayor, Development and Building November 29, 2012 ...... 350002 Bernalillo, (FEMA (12–06–1889P). City of Albuquerque, P.O. Box 1293, Al- Services Division, 600 2nd Docket No.: B– buquerque, NM 87103. Street Northwest, Suite 201, 1274). Albuquerque, NM 87102. Oklahoma: Creek, Town of Kiefer (12– The Honorable West Ashford, Mayor, City Hall, 401 East Indiana Av- December 24, 2012 ...... 400393 (FEMA Docket 06–0981P). Town of Kiefer, P.O. Box 369, Kiefer, enue, Kiefer, OK 74041. No.: B–1274). OK 74041. Pennsylvania: Dau- Township of Susque- The Honorable Frank Lynch, President, Susquehanna Township, 1900 December 24, 2012 ...... 420397 phin, (FEMA hanna (12–03– Township of Susquehanna Board of Linglestown Road, Harris- Docket No.: B– 0513P). Commissioners, 1900 Linglestown burg, PA 17110. 1274). Road, Harrisburg, PA 17110. Texas: Bexar, (FEMA City of San Antonio The Honorable Julian Castro, Mayor, City Municipal Plaza, 114 West December 6, 2012 ...... 480045 Docket No.: (12–06–0886P). of San Antonio, 100 Military Plaza, San Commerce Street, 7th Floor, B–1274). Antonio, TX 78205. San Antonio, TX 78205. Bexar, (FEMA City of San Antonio The Honorable Julian Castro, Mayor, City Municipal Plaza, 114 West December 13, 2012 ...... 480045 Docket No.: (12–06–0595P). of San Antonio, 100 Military Plaza, San Commerce Street, 7th Floor, B–1274). Antonio, TX 78205. San Antonio, TX 78205. Bexar, (FEMA Unincorporated The Honorable Nelson W. Wolff, Bexar Public Works Department, 233 December 6, 2012 ...... 480035 Docket No.: areas of Bexar County Judge, Paul Elizondo Tower, North Pecos-La Trinidad, B–1274). County (12–06– 101 West Nueva Street, 10th Floor, Suite 420, San Antonio, TX 1452P). San Antonio, TX 78205. 78207. Collin, (FEMA City of McKinney The Honorable Brian Loughmiller, Mayor, City Hall, 222 North Tennessee December 21, 2012 ...... 480135 Docket No: (11–06–4743P). City of McKinney, 222 North Tennessee Street, McKinney, TX 75069. B–1274). Street, McKinney, TX 75069. Collin, (FEMA City of Weston (11– The Honorable Patti Harrington, Mayor, City Hall, 210 South McDonald December 21, 2012 ...... 481324 Docket No: 06–4743P). City of Weston, 301 Main Street, Wes- Street, McKinney, TX 75069. B–1274). ton, TX 75097. Collin, (FEMA Unincorporated The Honorable Keith Self, Collin County Collin County Department of December 21, 2012 ...... 480130 Docket No: areas of Collin Judge, 2300 Bloomdale Road, Suite Public Works, 210 South B–1274). County (11–06– 4192, McKinney, TX 75071. McDonald Street, McKinney, 4743P). TX 75069. Dallas, (FEMA City of Coppell (11– The Honorable Karen Hunt, Mayor, City City Engineering Department, December 10, 2012 ...... 480170 Docket No.: 06–4512P). of Coppell, 255 Parkway Boulevard, 255 Parkway Boulevard, B–1274). Coppell, TX 75019. Coppell, TX 75019. Dallas and Den- City of Lewisville The Honorable Dean Ueckert, Mayor, City City Hall, 1197 West Main December 10, 2012 ...... 480195 ton, (FEMA (11–06–4512P). of Lewisville, 151 West Church Street, Street, Lewisville, TX 75067. Docket No: Lewisville, TX 75029. B–1274). Dallas, Denton Town of Flower The Honorable Tom Hayden, Mayor, Town Hall, 2121 Cross Timbers December 10, 2012 ...... 480777 and Tarrant, Mound (11–06– Town of Flower Mound, 2121 Cross Road, Flower Mound, TX (FEMA Dock- 4512P). Timbers Road, Flower Mound, TX 75028. et No.: B– 75028. 1274). Denton, (FEMA Town of Cross The Honorable Steve Smith, Mayor, Town Town Hall, 1401 Farm to Mar- December 10, 2012 ...... 481513 Docket No.: Roads (12–06– of Cross Roads, 1401 Farm to Market ket Road 424, Cross Roads, B–1274). 0686P). Road 424, Cross Roads, TX 76227. TX 76227. Denton, (FEMA Unincorporated The Honorable Mary Horn, Denton Coun- Denton County Government December 10, 2012 ...... 480774 Docket No.: areas of Denton ty Judge, 110 West Hickory Street, 2nd Center, 1505 East McKinney B–1274). County (12–06– Floor, Denton, TX 76201. Street, Suite 175, Denton, 0686P). TX 76209. Denton and City of Grapevine The Honorable William D. Tate, Mayor, City Hall, 200 South Main December 10, 2012 ...... 480598 Tarrant, (11–06–4512P). City of Grapevine, P.O. Box 95104, Street, Grapevine, TX 76051. (FEMA Dock- Grapevine, TX 76099. et No: B– 1274). Harris, (FEMA City of Pearland The Honorable Tom Reid, Mayor, City of 3519 Liberty Drive, Pearland, November 8, 2012 ...... 480077 Docket No.: (12–06–1209P). Pearland, 3519 Liberty Drive, Pearland, TX 77581. B–1274). TX 77581. Travis, (FEMA City of Austin (11– The Honorable Lee Leffingwell, Mayor, Watershed Protection Depart- December 3, 2012 ...... 480624 Docket No.: 06–4564P). City of Austin, P.O. Box 1088, Austin, ment, 505 Barton Springs B–1274). TX 78767. Road, 12th Floor, Austin, TX 78704. Travis, (FEMA City of Austin (12– The Honorable Lee Leffingwell, Mayor, Watershed Protection Depart- December 10, 2012 ...... 480624 Docket No.: 06–1380P). City of Austin, P.O. Box 1088, Austin, ment, 505 Barton Springs B–1274). TX 78767. Road, 12th Floor, Austin, TX 78704. Wilson, (FEMA Unincorporated The Honorable Marvin Quinney, Wilson 1420 3rd Street, Floresville, TX December 20, 2012 ...... 480230 Docket No.: areas of Wilson County Judge, 1103 4th Street, 78114. B–1274). County (12–06– Floresville, TX 78114. 2559P).

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Virginia Arlington, Unincorporated The Honorable Mary Hughes Hynes, 2100 Clarendon Boulevard, Ar- December 17, 2012 ...... 515520 (FEMA Dock- areas of Arlington Chairman, Arlington County Board, lington, VA 22201. et No.: B– County (12–03– 2100 Clarendon Boulevard, Arlington, 1274). 0954P). VA 22201. Henrico, (FEMA Unincorporated The Honorable Frank J. Thornton, Chair- Henrico County Courthouse. December 12, 2012 ...... 510077 Docket No.: areas of Henrico man, Henrico County Board of Super- 4301 East Parham Road, B–1274). County (12–03– visors, P.O. Box 90775, Henrico, VA Richmond, VA 23229. 0257P). 23273.

(Catalog of Federal Domestic Assistance No. premium rates for new buildings and For rating purposes, the currently 97.022, ‘‘Flood Insurance.’’) their contents. effective community number is shown Roy Wright, DATES: The effective date for each and must be used for all new policies Deputy Associate Administrator for LOMR is indicated in the table below. and renewals. Mitigation, Department of Homeland ADDRESSES: Each LOMR is available for The new or modified flood hazard Security, Federal Emergency Management inspection at both the respective determinations are the basis for the Agency. Community Map Repository address floodplain management measures that [FR Doc. 2013–05194 Filed 3–5–13; 8:45 am] listed in the table below and online the community is required either to BILLING CODE 9110–12–P through the FEMA Map Service Center adopt or to show evidence of being at www.msc.fema.gov. already in effect in order to remain qualified for participation in the FOR FURTHER INFORMATION CONTACT: Luis DEPARTMENT OF HOMELAND National Flood Insurance Program Rodriguez, Chief, Engineering SECURITY (NFIP). Management Branch, Federal Insurance These new or modified flood hazard Federal Emergency Management and Mitigation Administration, FEMA, determinations, together with the Agency 500 C Street SW., Washington, DC floodplain management criteria required 20472, (202) 646–4064, or (email) by 44 CFR 60.3, are the minimum that [Docket ID FEMA–2013–0002] [email protected]; or visit are required. They should not be the FEMA Map Information eXchange construed to mean that the community Changes in Flood Hazard (FMIX) online at Determinations must change any existing ordinances www.floodmaps.fema.gov/fhm/ that are more stringent in their fmx_main.html. AGENCY: Federal Emergency floodplain management requirements. Management Agency, DHS. SUPPLEMENTARY INFORMATION: The The community may at any time enact ACTION: Final Notice. Federal Emergency Management Agency stricter requirements of its own or (FEMA) makes the final flood hazard pursuant to policies established by other SUMMARY: New or modified Base (1% determinations as shown in the LOMRs Federal, State, or regional entities. annual-chance) Flood Elevations (BFEs), for each community listed in the table These new or modified flood hazard base flood depths, Special Flood Hazard below. Notice of these modified flood determinations are used to meet the Area (SFHA) boundaries or zone hazard determinations has been floodplain management requirements of designations, and/or the regulatory published in newspapers of local the NFIP and also are used to calculate floodway (hereinafter referred to as circulation and ninety (90) days have the appropriate flood insurance flood hazard determinations) as shown elapsed since that publication. The premium rates for new buildings, and on the indicated Letter of Map Revision Deputy Associate Administrator for for the contents in those buildings. The (LOMR) for each of the communities Mitigation has resolved any appeals changes in flood hazard determinations listed in the table below are finalized. resulting from this notification. are in accordance with 44 CFR 65.4. Each LOMR revises the Flood Insurance The modified flood hazard Interested lessees and owners of real Rate Maps (FIRMs), and in some cases determinations are made pursuant to property are encouraged to review the the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster final flood hazard information available currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, at the address cited below for each communities. The flood hazard and are in accordance with the National community or online through the FEMA determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. Map Service Center at will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. www.msc.fema.gov.

Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Alabama: Jefferson City of Pinson (12– The Honorable Hoyt Sanders, Mayor, City City Hall, 4410 Main Street, December 17, 2012 ...... 010447 (FEMA Dock- 04–3890P). of Pinson, City Hall, 4410 Main Street, Pinson, AL 35126. et No.: B– Pinson, AL 35126. 1277). Jefferson Unincorporated The Honorable David Carrington, Presi- Jefferson County Courthouse, December 17, 2012 ...... 010217 (FEMA Dock- areas of Jefferson dent, Jefferson County Commission, Land Development Office, et No.: B– County (12–04– 716 Richard Arrington, Jr., Boulevard 716 North 21st Street, Room 1277). 3890P). North, Birmingham, AL 35203. 202A, Birmingham, AL 35263. Mobile (FEMA City of Mobile (12– The Honorable Samuel L. Jones, Mayor, City Hall, Engineering Depart- December 28, 2012 ...... 015007 Docket No.: 04–4167P). City of Mobile, P.O. Box 1827, Mobile, ment, 205 Government B–1277). AL 36633. Street, 3rd Floor, Mobile, AL 36644.

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Arizona: Pinal (FEMA Unincorporated The Honorable David Snider, Chairman, Pinal County Engineering De- January 7, 2013 ...... 040077 Docket No.: areas of Pinal Pinal County Board of Supervisors, partment, 31 North Pinal B–1277). County (12–09– P.O. Box 827, Florence, AZ 85132. Street, Building F, Florence, 1236P). AZ 85232. Yavapai (FEMA Town of Camp The Honorable Bob Burnside, Mayor, Town Clerk’s Office, 473 South December 31, 2012 ...... 040131 Docket No.: Verde (12–09– Town of Camp Verde, 473 South Main Main Street, Room 102, B–1277). 1430P). Street, Suite 102, Camp Verde, AZ Camp Verde, AZ 86322. 86322. California: San Diego City of Oceanside The Honorable Jim Wood, Mayor, City of City Hall, Planning Department, December 31, 2012 ...... 060294 (FEMA Dock- (12–09–1206P). Oceanside, 300 North Coast Highway, 300 North Coast Highway, et No.: B– Oceanside, CA 92054. Oceanside, CA 92054. 1277). San Diego City of San Diego The Honorable Jerry Sanders, Mayor, Executive Complex, 1010 2nd December 17, 2012 ...... 060295 (FEMA Dock- (12–09–2141P). City of San Diego, 202 C Street, 11th Avenue, Suite 100, San et No.: B– Floor, San Diego, CA 92101. Diego, CA 92101. 1277). Colorado: Denver (FEMA City and County of The Honorable Michael B. Hancock, Public Works Department, 201 December 17, 2012 ...... 080046 Docket No.: Denver (12–08– Mayor, City and County of Denver, West Colfax Avenue, Den- B–1277). 0474P). 1437 Bannock Street, Suite 350, Den- ver, CO 80202. ver, CO 80202. Denver (FEMA City and County of The Honorable Michael B. Hancock, Public Works Department, 201 December 17, 2012 ...... 080046 Docket No.: Denver (12–08– Mayor, City and County of Denver, West Colfax Avenue, Den- B–1277). 0552P). 1437 Bannock Street, Suite 350, Den- ver, CO 80202. ver, CO 80202. El Paso (FEMA City of Colorado The Honorable Stephen G. Bach, Mayor, City Administration Depart- January 4, 2013 ...... 080060 Docket No.: Springs (12–08– City of Colorado Springs, 30 South Ne- ment, 30 South Nevada Ave- B–1277). 0168P). vada Avenue, Suite 601, Colorado nue, Colorado Springs, CO Springs, CO 80903. 80903. El Paso (FEMA Unincorporated The Honorable Amy Lathen, Chair, El El Paso County Regional Build- January 4, 2013 ...... 080059 Docket No.: areas of El Paso Paso County Board of Commissioners, ing Department, 2880 Inter- B–1277). County (12–08– 200 South Cascade Avenue, Suite 100, national Circle, Colorado 0168P). Colorado Springs, CO 80903. Springs, CO 80910. Florida: Monroe (FEMA Village of Islamorada The Honorable Ken Philipson, Mayor, Vil- Village Hall, 87000 Overseas December 31, 2012 ...... 120424 Docket No.: (12–04–3438P). lage of Islamorada, 86800 Overseas Highway, Islamorada, FL B–1277). Highway, Islamorada, FL 33036. 33036. Orange (FEMA City of Orlando (12– The Honorable Buddy Dyer, Mayor, City Permitting Services, 400 South December 31, 2012 ...... 120186 Docket No.: 04–2707P). of Orlando, P.O. Box 4990, Orlando, FL Orange Avenue, Orlando, FL B–1277). 32808. 32301. Orange (FEMA Unincorporated The Honorable Teresa Jacobs, Mayor, Orange County Stormwater December 31, 2012 ...... 120179 Docket No.: areas of Orange Orange County, 201 South Rosalind Management Department, B–1277). County (12–04– Avenue, 5th Floor, Orlando, FL 32801. 4200 South John Young 2707P). Parkway, Orlando, FL 32839. Seminole City of Lake Mary The Honorable David Mealor, Mayor, City Engineering Department, 100 December 31, 2012 ...... 120416 (FEMA Dock- (12–04–5487P). of Lake Mary, 911 Wallace Court, Lake North Country Club Road, et No.: B– Mary, FL 32746. Lake Mary, FL 32746. 1277). St. Johns Unincorporated The Honorable Mark P. Miner, Chairman, St. Johns County Administra- December 31, 2012 ...... 125147\ (FEMA Dock- areas of St. Johns St. Johns County Board of Commis- tion Building, 4020 Lewis et No.: B– County (12–04– sioners, 500 San Sebastian View, St. Speedway, St. Augustine, FL 1277). 5869P). Augustine, FL 32084. 32084. Sumter (FEMA Unincorporated The Honorable Garry Breeden, Chairman, Sumter County Planning De- December 28, 2012 ...... 120296 Docket No.: areas of Sumter Sumter County Board of Commis- partment, 7375 Powell Road, B–1277). County (12–04– sioners, 7375 Powell Road, Wildwood, Wildwood, FL 34785. 3513P). FL 34785. Sumter (FEMA Unincorporated The Honorable Garry Breeden, Chairman, Sumter County Planning De- December 28, 2012 ...... 120296 Docket No.: areas of Sumter Sumter County Board of Commis- partment, 7375 Powell Road, B–1277). County (12–04– sioners, 7375 Powell Road, Wildwood, Wildwood, FL 34785. 3721P). FL 34785. Walton (FEMA Unincorporated The Honorable Scott Brannon, Chairman, Walton County Courthouse December 14, 2012 ...... 120317 Docket No.: areas of Walton Walton County Board of Commis- Annex, 47 North 6th Street, B–1277). County (12–04– sioners, 415 State Highway 20, Free- DeFuniak Springs, FL 32435. 0761P). port, FL 32439. Georgia: Colquitt (FEMA Unincorporated The Honorable John B. Alderman, Chair- Colquitt County Compliance Of- January 3, 2013 ...... 130058 Docket No.: areas of Colquitt man, Colquitt County Board of Commis- fice, 101 East Central Ave- B–1277). County (12–04– sioners, P.O. Box 517, Moultrie, GA nue, Suite 168, Moultrie, GA 5279P). 31776. 31768. Columbia Unincorporated The Honorable Ron C Cross, Chairman, Columbia County Development December 27, 2012 ...... 130059 (FEMA Dock- areas of Columbia Columbia County Board of Commis- Services Division, Engineer- et No.: B– County (12–04– sioners, P.O. Box 498, Evans, GA ing Services Department, 1277). 3178P). 30809. 630 Ronald Reagan Drive, Building A, Evans, GA 30809. Nevada: Clark (FEMA City of Henderson The Honorable Andy A. Hafen, Mayor, City Hall, Public Works Depart- December 14, 2012 ...... 320005 Docket No.: (11–09–3331P). City of Henderson, P.O. Box 95050, ment, 240 Water Street, B–1277). Henderson, NV 89009. Henderson, NV 89015.

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Location and case Effective date of Community State and county No. Chief executive officer of community Community map repository modification No.

Clark (FEMA City of Henderson The Honorable Andy A. Hafen, Mayor, City Hall, Public Works Depart- December 14, 2012 ...... 320005 Docket No.: (12–09–2303P). City of Henderson, P.O. Box 95050, ment, 240 Water Street, B–1277). Henderson, NV 89009. Henderson, NV 89015. Clark (FEMA City of Mesquite The Honorable Mark Wier, Mayor, City of City Engineer’s Office, 10 East December 14, 2012 ...... 320035 Docket No.: (11–09–4157P). Mesquite, 10 East Mesquite Boulevard, Mesquite Boulevard, Mes- B–1277). Mesquite, NV 89027. quite, NV 89027. Clark (FEMA City of Mesquite The Honorable Mark Wier, Mayor, City of City Engineer’s Office, 10 East December 28, 2012 ...... 320035 Docket No.: (12–09–0907P). Mesquite, 10 East Mesquite Boulevard, Mesquite Boulevard, Mes- B–1277). Mesquite, NV 89027. quite, NV 89027. North Carolina: Durham (FEMA Unincorporated Mr. Mike Ruffin, Durham County Man- Durham County Stormwater November 9, 2012 ...... 370085 Docket No.: areas of Durham ager, 200 East Main Street, Durham, Services Division, 101 City B–1274). County (11–04– NC 27701. Hall Plaza, Durham, NC 0938P). 27701. Stanly (FEMA Unincorporated Mr. Andy Lucas, Stanly County Manager, Stanly County Planning and November 9, 2012 ...... 370361 Docket No.: areas of Stanly 1000 North 1st Street, Albemarle, NC Zoning Department, 1000 B–1274). County (12–04– 28001. North 1st Street, Albemarle, 0850P). NC 28001. Wake (FEMA Unincorporated The Honorable John W. Byrne, Mayor, Engineering Department, 401 December 13, 2012 ...... 370239 Docket No.: areas of Wake Town of Fuquay-Varina, 401 Old Old Honeycutt Road, B–1274). County (11–04– Honeycutt Road, Fuquay-Varina, NC Fuquay-Varina, NC 27526. 7980P). 27526. South Carolina: Anderson City of Anderson The Honorable Terrence Roberts, Mayor, City Hall, 401 South Main December 24, 2012 ...... 450014 (FEMA Dock- (12–04–0672P). City of Anderson, 401 South Main Street, Anderson, SC 29624. et No.: B– Street, Anderson, SC 29624. 1277). Anderson Unincorporated The Honorable Tom Allen, Chairman, An- Anderson County Courthouse, December 24, 2012 ...... 450013 (FEMA Dock- areas of Anderson derson County Council, P.O. Box 8002, 101 South Main Street, An- et No.: B– County (12–04– Anderson, SC 29621. derson, SC 29624. 1277). 0672P).

(Catalog of Federal Domestic Assistance No. community, is appropriate because of both the online location and the 97.022, ‘‘Flood Insurance.’’) new scientific or technical data. The respective community map repository Roy Wright, FIRM, and where applicable, portions of address listed in the table below. Deputy Associate Administrator for the FIS report, have been revised to Additionally, the current effective FIRM Mitigation, Department of Homeland reflect these flood hazard and FIS report for each community are Security, Federal Emergency Management determinations through issuance of a accessible online through the FEMA Agency. Letter of Map Revision (LOMR), in Map Service Center at [FR Doc. 2013–05198 Filed 3–5–13; 8:45 am] accordance with Title 44, Part 65 of the www.msc.fema.gov for comparison. BILLING CODE 9110–12–P Code of Federal Regulations (44 CFR Submit comments and/or appeals to Part 65). The LOMR will be used by the Chief Executive Officer of the insurance agents and others to calculate community as listed in the table below. DEPARTMENT OF HOMELAND appropriate flood insurance premium FOR FURTHER INFORMATION CONTACT: Luis SECURITY rates for new buildings and the contents Rodriguez, Chief, Engineering of those buildings. For rating purposes, Management Branch, Federal Insurance Federal Emergency Management the currently effective community and Mitigation Administration, FEMA, Agency number is shown in the table below and 500 C Street SW., Washington, DC [Docket ID FEMA–2013–0002; Internal must be used for all new policies and 20472, (202) 646–4064, or (email) Agency Docket No. FEMA–B–1305] renewals. [email protected]; or visit DATES: These flood hazard the FEMA Map Information eXchange Changes in Flood Hazard determinations will become effective on (FMIX) online at Determinations the dates listed in the table below and www.floodmaps.fema.gov/fhm/ fmx_main.html. AGENCY: Federal Emergency revise the FIRM panels and FIS report Management Agency, DHS. in effect prior to this determination for SUPPLEMENTARY INFORMATION: The the listed communities. ACTION: Notice. specific flood hazard determinations are From the date of the second not described for each community in SUMMARY: This notice lists communities publication of notification of these this notice. However, the online where the addition or modification of changes in a newspaper of local location and local community map Base Flood Elevations (BFEs), base flood circulation, any person has ninety (90) repository address where the flood depths, Special Flood Hazard Area days in which to request through the hazard determination information is (SFHA) boundaries or zone community that the Deputy Associate available for inspection is provided. designations, or the regulatory floodway Administrator for Mitigation reconsider Any request for reconsideration of (hereinafter referred to as flood hazard the changes. The flood hazard flood hazard determinations must be determinations), as shown on the Flood determination information may be submitted to the Chief Executive Officer Insurance Rate Maps (FIRMs), and changed during the 90-day period. of the community as listed in the table where applicable, in the supporting ADDRESSES: The affected communities below. Flood Insurance Study (FIS) reports, are listed in the table below. Revised The modifications are made pursuant prepared by the Federal Emergency flood hazard information for each to section 201 of the Flood Disaster Management Agency (FEMA) for each community is available for inspection at Protection Act of 1973, 42 U.S.C. 4105,

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and are in accordance with the National management criteria required by 44 CFR The affected communities are listed in Flood Insurance Act of 1968, 42 U.S.C. 60.3, are the minimum that are required. the following table. Flood hazard 4001 et seq., and with 44 CFR Part 65. They should not be construed to mean determination information for each The FIRM and FIS report are the basis that the community must change any community is available for inspection at of the floodplain management measures existing ordinances that are more both the online location and the that the community is required either to stringent in their floodplain respective community map repository adopt or to show evidence of having in management requirements. The address listed in the table below. effect in order to qualify or remain community may at any time enact Additionally, the current effective FIRM qualified for participation in the stricter requirements of its own or and FIS report for each community are National Flood Insurance Program pursuant to policies established by other accessible online through the FEMA Federal, State, or regional entities. The (NFIP). Map Service Center at These flood hazard determinations, flood hazard determinations are in www.msc.fema.gov for comparison. together with the floodplain accordance with 44 CFR 65.4.

Location and Chief executive officer of Community map reposi- Online location of letter of map Effective date of Community State and county case No. community tory revision modification No.

Arkansas: Saline ...... City of Benton The Honorable Dave 114 South East Street, http://www.rampp-team.com/ April 22, 2013 ...... 050192 (12–06– Mattingly, Mayor, City Benton, AR 72015. lomrs.htm. 0842P). of Benton, P.O. Box 607, Benton, AR 72018. Saline ...... City of Bryant The Honorable Jill 210 Southwest 3rd http://www.rampp-team.com/ April 22, 2013 ...... 050308 (12–06– Dabbs, Mayor, City of Street, Bryant, AR lomrs.htm. 0842P). Bryant, 210 Southwest 72022. 3rd Street, Bryant, AR 72022. Saline ...... Unincorporated The Honorable Lanny Saline County Court- http://www.rampp-team.com/ April 22, 2013 ...... 050191 areas of Sa- Fite, Saline County house, 200 North Main lomrs.htm. line County Judge, Saline County Street, Room 117, (12–06– Courthouse, 200 North Benton, AR 72015. 0842P). Main Street, Room 117, Benton, AR 72015. Louisiana: Ascension .... Unincorporated The Honorable Tommy Ascension Parish Presi- http://www.rampp-team.com/ March 29, 2013 ...... 220013 areas of As- Martinez, President, dent’s Office, 208 East lomrs.htm. cension Parish Ascension Parish, 208 Railroad Avenue, (11–06– East Railroad Avenue, Gonzales, LA 70737. 4231P). Gonzales, LA 70737. Ascension .... Unincorporated The Honorable Tommy Ascension Parish Presi- http://www.rampp-team.com/ May 3, 2013 ...... 220013 areas of As- Martinez, President, dent’s Office, 208 East lomrs.htm. cension Parish Ascension Parish, 208 Railroad Avenue, (12–06– East Railroad Avenue, Gonzales, LA 70737. 1883P). Gonzales, LA 70737. Pennsylvania: Montgomery Township of The Honorable Robert P. Lower Moreland Munic- http://www.rampp-team.com/ May 13, 2013 ...... 420702 Lower DeMartinis, President, ipal Building, 640 Red lomrs.htm. Moreland (13– Township of Lower Lion Road, Huntingdon 03–0174X). Moreland Board of Valley, PA 19006. Commissioners, 640 Red Lion Road, Hun- tingdon Valley, PA 19006. Texas: Bell ...... City of Killeen The Honorable Daniel A. City Hall, 101 North Col- http://www.rampp-team.com/ April 22, 2013 ...... 480031 (12–06– Corbin, Mayor, City of lege Street, Killeen, TX lomrs.htm. 0554P). Killeen, P.O. Box 76540. 1329, Killeen, TX 76541. Bexar ...... City of San An- The Honorable Julian Municipal Plaza, 114 http://www.rampp-team.com/ May 13, 2013 ...... 480045 tonio (11–06– Castro, Mayor, City of Commerce Street, 7th lomrs.htm. 2654P). San Antonio, 100 Mili- Floor, San Antonio, TX tary Plaza, San Anto- 78205. nio, TX 78205. Bexar ...... City of San An- The Honorable Julian Municipal Plaza, 114 http://www.rampp-team.com/ May 13, 2013 ...... 480045 tonio (12–06– Castro, Mayor, City of Commerce Street, 7th lomrs.htm. 3820P). San Antonio, 100 Mili- Floor, San Antonio, TX tary Plaza, San Anto- 78205. nio, TX 78205. Bexar ...... Unincorporated The Honorable Nelson Bexar County Depart- http://www.rampp-team.com/ May 13, 2013 ...... 480035 areas of Bexar W. Wolff, Bexar Coun- ment of Public Works, lomrs.htm. County (13– ty Judge, Paul 233 North Pecos La 06–0093P). Elizondo Tower, 101 Trinidad, Suite 420, West Nueva Street, San Antonio, TX 10th Floor, San Anto- 78207. nio, TX 78205. Collin ...... City of Plano The Honorable Phil Dyer, City Hall, 1520 Avenue http://www.rampp-team.com/ April 26, 2013 ...... 480140 (12–06– Mayor, City of Plano, K, Plano, TX 75074. lomrs.htm. 0656P). 1520 Avenue K, Plano, TX 75074.

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Location and Chief executive officer of Community map reposi- Online location of letter of map Effective date of Community State and county case No. community tory revision modification No.

Harris ...... City of Pasa- The Honorable Johnny Public Library, 1201 Jeff http://www.rampp-team.com/ March 1, 2013 ...... 480307 dena (12–06– Isbell, Mayor, City of Ginn Memorial Drive, lomrs.htm. 3062P). Pasadena, 1211 Pasadena, TX 77502. Southmore Avenue, Pasadena, TX 77502. Tarrant ...... City of Fort The Honorable Betsy Department of Transpor- http://www.rampp-team.com/ May 2, 2013 ...... 480596 Worth (12– Price, Mayor, City of tation and Public lomrs.htm. 06–0224P). Fort Worth, 1000 Works, 1000 Throckmorton Street, Throckmorton Street, Fort Worth, TX 76102. Fort Worth, TX 76102. Tarrant ...... City of Fort The Honorable Betsy Department of Transpor- http://www.rampp-team.com/ May 3, 2013 ...... 480596 Worth (12– Price, Mayor, City of tation and Public lomrs.htm. 06–1018P). Fort Worth, 1000 Works, 1000 Throckmorton Street, Throckmorton Street, Fort Worth, TX 76102. Fort Worth, TX 76102. Tarrant ...... City of North The Honorable T. Oscar City Hall, 7301 Northeast http://www.rampp-team.com/ April 4, 2013 ...... 480607 Richland Hills Trevino, Jr., P.E., Loop 820, North Rich- lomrs.htm. (12–06– Mayor, City of North land Hills, TX 76180. 2052P). Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180. Tarrant ...... City of Saginaw The Honorable Gary Public Works and Com- http://www.rampp-team.com/ May 2, 2013 ...... 480610 (12–06– Brinkley, Mayor, City munity Development, lomrs.htm. 0224P). of Saginaw, 400 South 205 Brenda Lane, Saginaw Boulevard, Saginaw, TX 76179. Saginaw, TX 76179. Williamson ... City of Cedar The Honorable Bob Planning and Zoning Of- http://www.rampp-team.com/ May 3, 2013 ...... 481282 Park (11–06– Lemon, Mayor, City of fice, 600 North Bell lomrs.htm. 0027P). Cedar Park, 600 North Boulevard, Cedar Bell Boulevard, Cedar Park, TX 78613. Park, TX 78613. Williamson ... City of Leander The Honorable Chris City Hall, 200 West Willis http://www.rampp-team.com/ May 3, 2013 ...... 481536 (11–06– Fielder, Mayor, City of Street, Leander, TX lomrs.htm. 0027P). Leander, 200 West 78641. Willis Street, Leander, TX 78641. Williamson ... Unincorporated The Honorable Dan A. Williamson County http://www.rampp-team.com/ May 3, 2013 ...... 481079 areas of Gattis, Williamson Courthouse, 710 Main lomrs.htm. Williamson County Judge, 710 Street, Georgetown, County (11– Main Street, Suite 101, TX 78626. 06–0027P). Georgetown, TX 78626. Virginia: Augusta ...... City of Waynes- The Honorable Bruce E. City Hall, Charles http://www.rampp-team.com/ March 4, 2013 ...... 515532 boro (12–03– Allen, Mayor, City of Yancey Municipal lomrs.htm. 1604P). Waynesboro, 503 Building, 503 West West Main Street, Main Street, Waynes- Suite 210, Waynes- boro, VA 22980. boro, VA 22980. Augusta ...... Unincorporated The Honorable Tracy C. Augusta County Commu- http://www.rampp-team.com/ March 4, 2013 ...... 510013 areas of Au- Pyles, Jr., Chairman, nity Development Of- lomrs.htm. gusta County Augusta County Board fice, 18 Government (12–03– of Supervisors, 18 Center Lane, Verona, 1604P). Government Center VA 24482. Lane, Verona, VA 24482. Loudoun ...... Town of The Honorable Robert Town Hall, 221 South http://www.rampp-team.com/ March 18, 2013 ...... 510231 Purcellville W. Lazaro, Jr., Mayor, Nursery Avenue, lomrs.htm. (12–03– Town of Purcellville, Purcellville, VA 20132. 0984P). 221 South Nursery Av- enue, Purcellville, VA 20132. Loudoun ...... Unincorporated The Honorable Scott K. Loudoun County Building http://www.rampp-team.com/ March 18, 2013 ...... 510090 areas of York, Chairman-at- and Development De- lomrs.htm. Loudoun Large, Loudoun Coun- partment, 1 Harrison County (12– ty Board of Super- Street Southeast, 03–0984P). visors, 1 Harrison Leesburg, VA 20175. Street Southeast, 5th Floor, Mailstop 1, Leesburg, VA 20175.

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(Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: Luis Community Community map repository 97.022, ‘‘Flood Insurance.’’) Rodriguez, Chief, Engineering address Management Branch, Federal Insurance Roy Wright, Town of Town Hall, 1 Russell Stage Deputy Associate Administrator for and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC Blandford. Road, Blandford, MA Mitigation, Department of Homeland 01008. Security, Federal Emergency Management 20472, (202) 646–4064, or (email) Town of Town Hall, 21 Main Street, Agency. [email protected]; or visit Brimfield. Brimfield, MA 01010. [FR Doc. 2013–05188 Filed 3–5–13; 8:45 am] the FEMA Map Information eXchange Town of Ches- Town Hall, 15 Middlefield BILLING CODE 9110–12–P (FMIX) online at ter. Road, Chester, MA 01011. www.floodmaps.fema.gov/fhm/ Town of East Town Hall, 60 Center fmx_main.html. Long- Square, East Long- DEPARTMENT OF HOMELAND meadow. meadow, MA 01028. SECURITY SUPPLEMENTARY INFORMATION: The Town of Gran- Town Hall, 707 Main Road, Federal Emergency Management Agency ville. Granville, MA 01034, Federal Emergency Management (FEMA) makes the final determinations Town of Town Hall, 625 Main Street, Agency listed below for the new or modified Hampden. Hampden, MA 01036. flood hazard information for each Town of Hol- Town Hall, 27 Sturbridge [Docket ID FEMA–2013–0002] community listed. Notification of these land. Road, Holland, MA 01521. changes has been published in Town of Long- Town Hall, 20 Williams Final Flood Hazard Determinations meadow. Street, Longmeadow, MA newspapers of local circulation and 01106. AGENCY: Federal Emergency ninety (90) days have elapsed since that Town of Lud- Town Hall, 488 Chapin Management Agency, DHS. publication. The Deputy Associate low. Street, Third Floor, Room ACTION: Final Notice. Adminstrator for Mitigation has 305, Ludlow, MA 01056. resolved any appeals resulting from this Town of Mon- Town Hall, 29 Thompson SUMMARY: Flood hazard determinations, notification. son. Street, Monson, MA which may include additions or This final notice is issued in 01057. modifications of Base Flood Elevations Town of Mont- Town Hall, 161 Main Road, accordance with section 110 of the gomery. Montgomery, MA 01085. (BFEs), base flood depths, Special Flood Flood Disaster Protection Act of 1973, Hazard Area (SFHA) boundaries or zone Town of Palm- Town Hall, 4417 Main 42 U.S.C. 4104, and 44 CFR part 67. er. Street, Palmer, MA 01069. designations, or regulatory floodways on FEMA has developed criteria for Town of Rus- Town Hall, 65 Main Street, the Flood Insurance Rate Maps (FIRMs) floodplain management in floodprone sell. Russell, MA 01071. and where applicable, in the supporting areas in accordance with 44 CFR part Town of Town Office, 454 College Flood Insurance Study (FIS) reports 60. Southwick. Highway, Southwick, MA have been made final for the 01077. Interested lessees and owners of real communities listed in the table below. Town of Town Hall, 241 West Gran- property are encouraged to review the The FIRM and FIS report are the basis Tolland. ville Road, Tolland, MA new or revised FIRM and FIS report of the floodplain management measures 01034. available at the address cited below for that a community is required either to Town of Wales Town Hall, 3 Hollow Road, adopt or to show evidence of having in each community or online through the Wales, MA 01081. effect in order to qualify or remain FEMA Map Service Center at Town of West Town Hall 26, Central Street, Springfield. Suite 17, West Springfield, qualified for participation in the Federal www.msc.fema.gov. The flood hazard determinations are MA 01089. Emergency Management Agency’s Town of Town Office, 240 Springfield (FEMA’s) National Flood Insurance made final in the watersheds and/or Wilbraham. Street, Wilbraham, MA Program (NFIP). In addition, the FIRM communities listed in the table below. 01095. and FIS report are used by insurance agents and others to calculate Community map repository Warren County, Mississippi, and Community address appropriate flood insurance premium Incorporated Areas Docket No.: FEMA–B–1241 rates for buildings and the contents of Hampden County, Massachusetts (All those buildings. Jurisdications) City of Vicks- Vicksburg City Hall, 1009 DATES: The effective date of July 16, Docket No.: FEMA–B–1066 burg. Cherry Street, Vicksburg, 2013 which has been established for the MS 39183. FIRM and, where applicable, the City of Chic- City Hall Annex, 274 Front Unincorporated Warren County Courthouse, supporting FIS report showing the new opee. Street, Fourth Floor, Chic- Areas of 1009 Cherry Street, Vicks- opee, MA 01013. or modified flood hazard information Warren burg, MS 39183. City of Holyoke Building Department, 20 Ko- County. for each community. rean Veterans Plaza, Hol- ADDRESSES: The FIRM, and if yoke, MA 01040. Catalog of Federal Domestic Assistance No. City of Spring- Planning and Economic De- applicable, the FIS report containing the 97.022, ‘‘Flood Insurance.’’) final flood hazard information for each field. velopment, 70 Tapley community is available for inspection at Street, Springfield, MA Roy Wright, 01104. the respective Community Map Deputy Associate Administrator for City of West- Municipal Building, 59 Court Mitigation, Department of Homeland Repository address listed in the tables field. Street, Westfield, MA Security, Federal Emergency Management below and will be available online 01085. Agency. through the FEMA Map Service Center Town of Aga- Inspection Service Depart- at www.msc.fema.gov by the effective wam. ment, 1000 Suffield Street, [FR Doc. 2013–05185 Filed 3–5–13; 8:45 am] date indicated above. Agawam, MA 01001. BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND listed below for the new or modified (Catalog of Federal Domestic Assistance No. SECURITY flood hazard information for each 97.022, ‘‘Flood Insurance.’’) community listed. Notification of these Roy Wright, Federal Emergency Management changes has been published in Agency Deputy Associate Administrator for newspapers of local circulation and Mitigation, Department of Homeland [Docket ID FEMA–2013–0002] ninety (90) days have elapsed since that Security, Federal Emergency Management publication. The Deputy Associate Agency. Final Flood Hazard Determinations Adminstrator for Mitigation has [FR Doc. 2013–05184 Filed 3–5–13; 8:45 am] AGENCY: Federal Emergency resolved any appeals resulting from this BILLING CODE 9110–12–P Management Agency, DHS. notification. ACTION: Final Notice. This final notice is issued in DEPARTMENT OF HOMELAND accordance with section 110 of the SECURITY SUMMARY: Flood hazard determinations, Flood Disaster Protection Act of 1973, which may include additions or 42 U.S.C. 4104, and 44 CFR part 67. Federal Emergency Management modifications of Base Flood Elevations FEMA has developed criteria for Agency (BFEs), base flood depths, Special Flood floodplain management in floodprone [Docket ID FEMA–2013–0002] Hazard Area (SFHA) boundaries or zone areas in accordance with 44 CFR part designations, or regulatory floodways on 60. the Flood Insurance Rate Maps (FIRMs) Final Flood Hazard Determinations Interested lessees and owners of real and where applicable, in the supporting AGENCY: Federal Emergency Flood Insurance Study (FIS) reports property are encouraged to review the Management Agency, DHS. have been made final for the new or revised FIRM and FIS report ACTION: Final Notice. communities listed in the table below. available at the address cited below for The FIRM and FIS report are the basis each community or online through the SUMMARY: Flood hazard determinations, of the floodplain management measures FEMA Map Service Center at which may include additions or that a community is required either to www.msc.fema.gov. modifications of Base Flood Elevations adopt or to show evidence of having in The flood hazard determinations are (BFEs), base flood depths, Special Flood effect in order to qualify or remain made final in the watersheds and/or Hazard Area (SFHA) boundaries or zone qualified for participation in the Federal communities listed in the table below. designations, or regulatory floodways on Emergency Management Agency’s the Flood Insurance Rate Maps (FIRMs) (FEMA’s) National Flood Insurance Community map repository and where applicable, in the supporting Program (NFIP). In addition, the FIRM Community address Flood Insurance Study (FIS) reports and FIS report are used by insurance have been made final for the agents and others to calculate New London County, Connecticut (All communities listed in the table below. appropriate flood insurance premium Jurisdictions) The FIRM and FIS report are the basis rates for buildings and the contents of Docket No.: FEMA–B–1250 of the floodplain management measures those buildings. that a community is required either to DATES: The effective date of August 5, Borough of Borough Hall, 26 Church adopt or to show evidence of having in Stonington. Street, Stonington, CT 2013 which has been established for the 06378. effect in order to qualify or remain FIRM and, where applicable, the City of Groton Municipal Building, 295 Me- qualified for participation in the Federal supporting FIS report showing the new ridian Street, Groton, CT Emergency Management Agency’s or modified flood hazard information 06340. (FEMA’s) National Flood Insurance for each community. City of New City Hall, 181 State Street, Program (NFIP). In addition, the FIRM ADDRESSES: The FIRM, and if London. New London, CT 06320. and FIS report are used by insurance applicable, the FIS report containing the Groton Long 44 Beach Road, Groton agents and others to calculate final flood hazard information for each Point Asso- Long Point, CT 06340. appropriate flood insurance premium community is available for inspection at ciation. rates for buildings and the contents of the respective Community Map Noank Fire Noak Fire District and Fire those buildings. District. Station, 10 Ward Avenue, Repository address listed in the tables DATES Noank, CT 06340. : The effective date of July 8, 2013 below and will be available online Town of East East Lyme Town Hall, 108 which has been established for the through the FEMA Map Service Center Lyme. Pennsylvanie Avenue, FIRM and, where applicable, the at www.msc.fema.gov by the effective Niantic, CT 06357. supporting FIS report showing the new date indicated above. Town of Grot- Town Hall, 45 Fort Hill Road, or modified flood hazard information FOR FURTHER INFORMATION CONTACT: Luis on. Groton, CT 06340. for each community. Rodriguez, Chief, Engineering Town of Old Memorial Town Hall, 52 ADDRESSES: The FIRM, and if Management Branch, Federal Insurance Lyme. Lyme Street, Old Lyme, applicable, the FIS report containing the and Mitigation Administration, FEMA, CT 06371. final flood hazard information for each 500 C Street SW., Washington, DC Town of Town Hall, 152 Elm Street, community is available for inspection at Stonington. Stonington, CT 06378. 20472, (202) 646–4064, or (email) the respective Community Map Town of Wa- Town Hall, 15 Rope Ferry [email protected]; or visit Repository address listed in the tables the FEMA Map Information eXchange terford. Road, Waterford, CT 06385. below and will be available online (FMIX) online at through the FEMA Map Service Center www.floodmaps.fema.gov/fhm/ at www.msc.fema.gov by the effective fmx_main.html. date indicated above. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Luis Federal Emergency Management Agency Rodriguez, Chief, Engineering (FEMA) makes the final determinations Management Branch, Federal Insurance

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and Mitigation Administration, FEMA, (Catalog of Federal Domestic Assistance No. Community Community map repository 500 C Street SW., Washington, DC address 97.022, ‘‘Flood Insurance.’’) 20472, (202) 646–4064, or (email) Luis. Roy Wright, [email protected]; or visit the New Haven County, Connecticut (All Jurisdictions) Deputy Associate Administrator for FEMA Map Information eXchange Docket No.: FEMA–B–1247 Mitigation, Department of Homeland (FMIX) online at www.floodmaps. Security, Federal Emergency Management _ fema.gov/fhm/fmx main.html. Borough of Woodmont Borough Hall, 31 Agency. Woodmont. Clinton Street, Milford, CT [FR Doc. 2013–05181 Filed 3–5–13; 8:45 am] SUPPLEMENTARY INFORMATION: The 06460. Federal Emergency Management Agency BILLING CODE 9110–12–P City of Milford City Hall, 110 River Street, (FEMA) makes the final determinations Milford, CT 06460. listed below for the new or modified City of New City Hall, 165 Church Street, DEPARTMENT OF HOMELAND flood hazard information for each Haven. New Haven, CT 06510. SECURITY community listed. Notification of these City of West City Hall, 355 Main Street, changes has been published in Haven. West Haven, CT 06516. Federal Emergency Management newspapers of local circulation and Town of Bran- Town Hall, 1019 Main Agency ninety (90) days have elapsed since that ford. Street, Branford, CT 06405. [Docket ID FEMA–2013–0002; Internal publication. The Deputy Associate Agency Docket No. FEMA–B–1299] Adminstrator for Mitigation has Town of East Town Hall, 250 Main Street, Haven. East Haven, CT 06512. resolved any appeals resulting from this Proposed Flood Hazard Town of Guil- Town Hall, 31 Park Street, notification. ford. Guilford, CT 06437. Determinations This final notice is issued in Town of Ham- Government Center, 2750 AGENCY: Federal Emergency accordance with section 110 of the den. Dixwell Avenue, Hamden, Management Agency, DHS. Flood Disaster Protection Act of 1973, CT 06518. ACTION: Notice. 42 U.S.C. 4104, and 44 CFR part 67. Town of Madi- Town Offices, 8 Campus son. Drive, Madion, CT 06443. FEMA has developed criteria for SUMMARY: Town of North Town Hall, 18 Church Street, Comments are requested on floodplain management in floodprone Haven. North Haven, CT 06473. proposed flood hazard determinations, areas in accordance with 44 CFR part which may include additions or 60. Androscoggin County, Maine (All modifications of any Base Flood Interested lessees and owners of real Jurisdictions) Elevation (BFE), base flood depth, property are encouraged to review the Docket No.: FEMA–B–1250 Special Flood Hazard Area (SFHA) new or revised FIRM and FIS report boundary or zone designation, or City of Auburn Auburn Hall, 60 Court Street, regulatory floodway on the Flood available at the address cited below for Auburn, ME 04210. each community or online through the Insurance Rate Maps (FIRMs), and City of Lewis- City Hall, 27 Pine Street, where applicable, in the supporting FEMA Map Service Center at www.msc. ton. Lewiston, ME 04240. Flood Insurance Study (FIS) reports for fema.gov. Town of Dur- Town Office, 630 Hallowell the communities listed in the table ham. Road, Durham, ME 04222. The flood hazard determinations are below. The purpose of this notice is to made final in the watersheds and/or Town of Town Office, 220 Main Greene. Street, Greene, ME seek general information and comment communities listed in the table below. 04236. regarding the preliminary FIRM, and Town of Leeds Town Office, 8 Community where applicable, the FIS report that the Community map repository Drive, Leeds, ME 04263. Federal Emergency Management Agency Community address Town of Lis- Town Office, 300 Lisbon (FEMA) has provided to the affected Fairfield County, Connecticut (All bon. Street, Lisbon, ME 04250. communities. The FIRM and FIS report Jurisdictions) Town of Liver- Town Office, 10 Crash are the basis of the floodplain more. Road, Livermore, ME Docket No.: FEMA–B–1247 management measures that the 04253. community is required either to adopt City of Bridge- City Hall Annex, 999 Broad Town of Liver- Town Office, 2 Main Street, or to show evidence of having in effect port. Street, Bridgeport, CT more Falls. Livermore Falls, ME in order to qualify or remain qualified 06604. 04254. for participation in the National Flood City of Norwalk City Hall, 125 East Avenue, Town of Me- Town Office, 108 Lewiston Insurance Program (NFIP). In addition, Norwalk, CT 06851. chanic Falls. Street, Mechanic Falls, ME 04256. the FIRM and FIS report, once effective, City of Stam- Government Center, 888 Town of Minot Town Office, 329 Woodman will be used by insurance agents and ford. Wahington Boulevard, others to calculate appropriate flood Stamford, CT 06901. Hill Road, Minot, ME 04258. insurance premium rates for new Town of Town Hall, 2 Renshaw buildings and the contents of those Darien. Road, Darien, CT 06820. Town of Po- Town Office, 1231 Maine land. Street, Poland, ME 04274. buildings. Town of Fair- John J. Sullivan Independ- Town of Town Office, 190 Middle field. ence Hall, 725 Old Post DATES: Comments are to be submitted Road, Fairfield, CT 06824. Sabattus. Road, Sabattus, ME 04280. on or before June 4, 2013. Town of Town Hall, 101 Field Point ADDRESSES: The Preliminary FIRM, and Greenwich. Road, Greenwich, CT Town of Tur- Town Office, 11 Turner Cen- 06830. ner. ter Road, Turner, ME where applicable, the FIS report for 04282. Town of Strat- Town Hall, 2725 Main each community are available for ford. Street, Stratford, CT Town of Wales Town Office, 302 Centre inspection at both the online location 06615. Road, Wales, ME 04280. and the respective Community Map Town of West- Town Hall, 110 Myrtle Ave- Repository address listed in the tables port. nue, Westport, CT 06880. below. Additionally, the current effective FIRM and FIS report for each

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community are accessible online floodplain management criteria required Use of a Scientific Resolution Panel through the FEMA Map Service Center by 44 CFR 60.3, are the minimum that (SRP) is available to communities in at www.msc.fema.gov for comparison. are required. They should not be support of the appeal resolution You may submit comments, identified construed to mean that the community process. SRPs are independent panels of by Docket No. FEMA–B–1299, to Luis must change any existing ordinances experts in hydrology, hydraulics, and Rodriguez, Chief, Engineering that are more stringent in their other pertinent sciences established to Management Branch, Federal Insurance floodplain management requirements. review conflicting scientific and and Mitigation Administration, FEMA, The community may at any time enact technical data and provide 500 C Street SW., Washington, DC stricter requirements of its own or recommendations for resolution. Use of 20472, (202) 646–4064, or (email) pursuant to policies established by other the SRP only may be exercised after [email protected]. Federal, State, or regional entities. FEMA and local communities have been FOR FURTHER INFORMATION CONTACT: Luis These flood hazard determinations are engaged in a collaborative consultation process for at least 60 days without a Rodriguez, Chief, Engineering used to meet the floodplain mutually acceptable resolution of an Management Branch, Federal Insurance management requirements of the NFIP appeal. Additional information and Mitigation Administration, FEMA, and also are used to calculate the regarding the SRP process can be found 500 C Street SW., Washington, DC appropriate flood insurance premium 20472, (202) 646–4064, or (email) online at http://floodsrp.org/pdfs/ rates for new buildings built after the [email protected]; or visit srp_fact_sheet.pdf. FIRM and FIS report become effective. the FEMA Map Information eXchange The watersheds and/or communities (FMIX) online at The communities affected by the affected are listed in the tables below. www.floodmaps.fema.gov/fhm/ flood hazard determinations are The Preliminary FIRM, and where fmx_main.html. provided in the tables below. Any applicable, FIS report for each SUPPLEMENTARY INFORMATION: FEMA request for reconsideration of the community are available for inspection proposes to make flood hazard revised flood hazard information shown at both the online location and the determinations for each community on the Preliminary FIRM and FIS report respective Community Map Repository listed below, in accordance with section that satisfies the data requirements address listed in the tables. 110 of the Flood Disaster Protection Act outlined in 44 CFR 67.6(b) is considered Additionally, the current effective FIRM of 1973, 42 U.S.C. 4104, and 44 CFR an appeal. Comments unrelated to the and FIS report for each community are 67.4(a). flood hazard determinations also will be accessible online through the FEMA These proposed flood hazard considered before the FIRM and FIS Map Service Center at determinations, together with the report become effective. www.msc.fema.gov for comparison.

Community Community map repository address

Muscatine County, Iowa, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionVII/Muscatine/SitePages/Home.aspx

City of Fruitland ...... City Hall, 104 Sand Run Road, Fruitland, IA 52749. City of Muscatine ...... City Hall, 215 Sycamore Street, Muscatine, IA 52761. Unincorporated Areas of Muscatine County ...... Muscatine County Building, 3610 Park Avenue West, Muscatine, IA 52761.

Poweshiek County, Iowa, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionVII/PoweshiekCountyIowa/SitePages/ Home.aspx

City of Brooklyn ...... City Hall, 138 Jackson Street, Brooklyn, IA 52211. City of Deep River ...... City Hall, 701 Main Street, Deep River, IA 52222. City of Grinnell ...... City Hall, 927 Fourth Avenue, Grinnell, IA 50112. City of Guernsey ...... City Hall, 601 Cleveland Street, Guernsey, IA 52221. City of Malcom ...... City Hall, 305 Third Street, Malcom, IA 50157. City of Montezuma ...... City Hall, 501 East Main, Montezuma, IA 50171. City of Searsboro ...... City Hall, 526 Main Street, Searsboro, IA 50242. City of Victor ...... City Hall, 707 Second Street, Victor, IA 52347.

Town of Fort Kent, Aroostook County, Maine

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionI/FortKentME

Town of Fort Kent ...... 416 West Main Street, Fort Kent, ME 04743.

City of Baltimore, Maryland (Independent City)

Maps Available for Inspection Online at: www.rampp-team.com/md.htm

City of Baltimore ...... Department of Planning, 417 East Fayette Street, 8th Floor, Baltimore, MD 21202.

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Community Community map repository address

Baltimore County, Maryland, and Incorporated Areas

Maps Available for Inspection Online at: www.rampp-team.com/md.htm

Unincorporated Areas of Baltimore County ...... Baltimore County Office Building, Department of Public Works, 111 West Chesapeake Avenue, Suite 307, Towson, MD 21204.

Kent County, Maryland, and Incorporated Areas

Maps Available for Inspection Online at: www.rampp-team.com/md.htm

Town of Betterton ...... Town Office, 100 Main Street, Betterton, MD 21610. Town of Chestertown ...... Town Office, 118 North Cross Street, Chestertown, MD 21620. Town of Millington ...... Town Office, 402 Cypress Street, Millington, MD 21651. Town of Rock Hall ...... Municipal Building, 5585 Main Street, Rock Hall, MD 21661. Unincorporated Areas of Kent County ...... Kent County Government Center, 400 High Street, Chestertown, MD 21620.

Queen Anne’s County, Maryland, and Incorporated Areas

Maps Available for Inspection Online at: www.rampp-team.com/md.htm

Town of Centreville ...... Town Hall, 101 Lawyer’s Row, Centreville, MD 21617. Town of Church Hill ...... Town Hall, 324 Main Street, Church Hill, MD 21623. Town of Queen Anne ...... Town Clerk’s Office, 31922 Flowers Road, Queen Anne, MD 21657. Town of Queenstown ...... Town Office, 7013 Main Street, Queenstown, MD 21658. Unincorporated Areas of Queen Anne’s County ...... Queen Anne’s County Department of Public Works, 312 Safety Drive, Centreville, MD 21617.

Mahnomen County, Minnesota, and Incorporated Areas

Maps Available for Inspection Online at: www.starr-team.com/starr/RegionalWorkspaces/RegionV/MahnomenMN

City of Mahnomen ...... City Hall, 104 West Madison Avenue, Mahnomen, MN 56557. City of Waubun ...... City Hall, 1310 First Street, Waubun, MN 56589. Unincorporated Areas of Mahnomen County ...... Planning, Zoning, and Sanitation Department, 1440 Highway 200, Mahnomen, MN 56557 White Earth Band of Minnesota Chippewa Indian ...... White Earth Tribal Administration, 35500 Eagle View Road, Ogema, MN 56569.

Nobles County, Minnesota, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/NoblesCoMN/SitePages/Home.aspx

City of Adrian ...... City Hall, 209 Maine Avenue, Suite 106, Adrian, MN 56110. City of Ellsworth ...... City Hall, 322 South Broadway Street, Ellsworth, MN 56129. City of Worthington ...... City Hall, 303 9th Street, Worthington, MN 56187. Unincorporated Areas of Nobles County ...... Nobles County Government Center, 315 10th Street, Worthington, MN 56187.

Douglas County, Nebraska, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionVII/DouglasCountyNebraska/SitePages/ Home.aspx

City of Omaha ...... Omaha-Douglas Civic Center, 1819 Farnam Street, Omaha, NE 68183. City of Valley ...... City Hall, 203 North Spruce Street, Valley, NE 68064. Unincorporated Areas of Douglas County ...... Douglas County Environmental Services, 3015 Menke Circle, Omaha, NE 68134. Village of Waterloo ...... Village Hall, 509 South Front Street, Waterloo, NE 68069.

Upper Ohio-Shade Watershed

Meigs County, Ohio, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/MeigsCountyOH/SitePages/Home.aspx

Unincorporated Areas of Meigs County ...... Meigs County Tax Map Office, 112 Mulberry Avenue, Pomeroy, OH 45769. Village of Middleport ...... Village Hall, 659 Pearl Street, Middleport, OH 45760. Village of Pomeroy ...... Village Hall, 660 East Main Street, Suite A, Pomeroy, OH 45769. Village of Racine ...... Village Hall, 405 Main Street, Racine, OH 45771. Village of Rutland ...... Village Hall, 337 Main Street, Rutland, OH 45775. Village of Syracuse ...... Village Hall, 2581 3rd Street, Syracuse, OH 45779.

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Community Community map repository address

Allegheny County, Pennsylvania, and Incorporated Areas

Maps Available for Inspection Online at: www.rampp-team.com/pa.htm

Borough of Aspinwall ...... Borough Municipal Building, 217 Commercial Avenue, Aspinwall, PA 15215. Borough of Avalon ...... Borough Hall, 640 California Avenue, Avalon, PA 15202. Borough of Baldwin ...... Baldwin Borough Municipal Building, 3344 Churchview Avenue, Pitts- burgh, PA 15227. Borough of Bell Acres ...... Bell Acres Borough Building, 1151 Camp Meeting Road, Sewickley, PA 15143. Borough of Bellevue ...... Borough Hall, 537 Bayne Avenue, Bellevue, PA 15202. Borough of Ben Avon ...... Ben Avon Borough Building, 7101 Church Avenue, Pittsburgh, PA 15202. Borough of Blawnox ...... Blawnox Borough Office, 376 Freeport Road, Pittsburgh, PA 15238. Borough of Brackenridge ...... Borough Office, 1000 Brackenridge Avenue, Brackenridge, PA 15014. Borough of Braddock ...... Borough Municipal Building, 415 6th Street, Braddock, PA 15104. Borough of Braddock Hills ...... Braddock Hills Borough Building, 1300 Brinton Road, Pittsburgh, PA 15221. Borough of Bradford Woods ...... Borough Office, 4908 Wexford Run Road, Bradford Woods, PA 15015. Borough of Brentwood ...... Brentwood Borough Municipal Building, 3624 Brownsville Road, Pitts- burgh, PA 15227. Borough of Bridgeville ...... Borough Municipal Building, 425 Bower Hill Road, Bridgeville, PA 15017. Borough of Carnegie ...... Borough Building, 1 Glass Street, Carnegie, PA 15106. Borough of Castle Shannon ...... Castle Shannon Borough Building, 3310 McRoberts Road, Pittsburgh, PA 15234. Borough of Cheswick ...... Borough Office, 220 South Atlantic Avenue, Cheswick, PA 15024. Borough of Churchill ...... Churchill Borough Municipal Building, 2300 William Penn Highway, Pittsburgh, PA 15235. Borough of Coraopolis ...... Borough Hall, 1012 5th Avenue, Coraopolis, PA 15108. Borough of Crafton ...... Crafton Borough Hall, 100 Stotz Avenue, Pittsburgh, PA 15205. Borough of Dravosburg ...... Borough Building, 226 Maple Avenue, Dravosburg, PA 15034. Borough of East Pittsburgh ...... Borough Hall, 516 Bessemer Avenue, East Pittsburgh, PA 15112. Borough of Edgeworth ...... Borough Building, 301 Beaver Road, Edgeworth, PA 15143. Borough of Elizabeth ...... Borough Hall, 206 3rd Avenue, Elizabeth, PA 15037. Borough of Emsworth ...... Emsworth Borough Office, 171 Center Avenue, Pittsburgh, PA 15202. Borough of Etna ...... Etna Borough Office, 437 Butler Street, Pittsburgh, PA 15223. Borough of Forest Hills ...... Forest Hills Borough Building, 2071 Ardmore Boulevard, Pittsburgh, PA 15221. Borough of Fox Chapel ...... Fox Chapel Borough Building, 401 Fox Chapel Road, Pittsburgh, PA 15238. Borough of Franklin Park ...... Franklin Park Borough Hall, 2428 Rochester Road, Sewickley, PA 15143. Borough of Glassport ...... Borough Secretary’s Office, 440 Monongahela Avenue, Glassport, PA 15045. Borough of Glen Osborne ...... Glen Osborne Borough Building, 601 Thorn Street, Sewickley, PA 15143. Borough of Glenfield ...... Glenfield Borough Secretary’s Office, 299 Dawson Avenue, Sewickley, PA 15143. Borough of Green Tree ...... Green Tree Borough Building, 10 West Manilla Avenue, Pittsburgh, PA 15220. Borough of Haysville ...... Haysville Borough Building, 18 River Road, Sewickley, PA 15143. Borough of Heidelberg ...... Borough Building, 1631 East Railroad Street, Heidelberg, PA 15106. Borough of Homestead ...... Borough Hall, 1705 Maple Street, Room 112, Homestead, PA 15120. Borough of Jefferson Hills ...... Borough Municipal Center, 925 Old Clairton Road, Jefferson Hills, PA 15025. Borough of Leetsdale ...... Borough Hall, 85 Broad Street, Leetsdale, PA 15056. Borough of Liberty ...... Liberty Borough Municipal Building, 2921 Liberty Way, McKeesport, PA 15133. Borough of Lincoln ...... Lincoln Borough Municipal Building, 45 Abe’s Way, Elizabeth, PA 15037. Borough of McDonald ...... Borough Building, 101 North McDonald Street, McDonald, PA 15057. Borough of McKees Rocks ...... Borough Building, 340 Bell Avenue, McKees Rocks, PA 15136. Borough of Millvale ...... Borough Hall, 501 Lincoln Avenue, Millvale, PA 15209. Borough of Munhall ...... Borough Hall, 1900 West Street, Munhall, PA 15120. Borough of North Braddock ...... Borough Hall, 600 Anderson Street, North Braddock, PA 15104. Borough of Oakdale ...... Borough Building, 217 Marion Avenue, Oakdale, PA 15071. Borough of Oakmont ...... Borough Municipal Building, 767 5th Street, Oakmont, PA 15139. Borough of Pitcairn ...... Borough Building, 582 6th Street, Pitcairn, PA 15140. Borough of Pleasant Hills ...... Pleasant Hills Borough Office, 410 East Bruceton Road, Pittsburgh, PA 15236. Borough of Plum ...... Plum Borough Planning and Zoning Office, 4575 New Texas Road, Pittsburgh, PA 15239.

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Community Community map repository address

Borough of Port Vue ...... Borough Hall, 1191 Romine Avenue, Port Vue, PA 15133. Borough of Rankin ...... Borough Hall, 320 Hawkins Avenue, Rankin, PA 15104. Borough of Rosslyn Farms ...... Rosslyn Farms Borough Secretary’s Office, 421 Kings Highway, Car- negie, PA 15106. Borough of Sewickley ...... Borough Building, 601 Thorn Street, Sewickley, PA 15143. Borough of Sewickley Heights ...... Sewickley Heights Borough Hall, 238 Country Club Road, Sewickley, PA 15143. Borough of Sewickley Hills ...... Sewickley Hills Borough Municipal Building, 349 Magee Road, Sewickley, PA 15143. Borough of Sharpsburg ...... Sharpsburg Borough Office, 1611 Main Street, Pittsburgh, PA 15215. Borough of Springdale ...... Borough Municipal Building, 325 School Street, Springdale, PA 15144. Borough of Swissvale ...... Borough Hall, 7560 Roslyn Street, Swissvale, PA 15218. Borough of Tarentum ...... Borough Municipal Building, 318 2nd Avenue, Tarentum, PA 15084. Borough of Thornburg ...... Thornburg Borough Secretary’s Office, 545 Hamilton Road, Pittsburgh, PA 15205. Borough of Trafford ...... Borough Hall, 402 Duquesne Avenue, Trafford, PA 15085. Borough of Turtle Creek ...... Borough Building, 125 Monroeville Avenue, Turtle Creek, PA 15145. Borough of Verona ...... Borough Municipal Building, 736 East Railroad Avenue, Verona, PA 15147. Borough of Versailles ...... Versailles Borough Building, 5100 Walnut Street, McKeesport, PA 15132. Borough of Wall ...... Borough Engineer’s Office, 413 Wall Avenue, Wall, PA 15148. Borough of West Elizabeth ...... Borough Building, 206 North 3rd Avenue, West Elizabeth, PA 15088. Borough of West Homestead ...... Borough Engineer’s Office, 401 West 8th Avenue, West Homestead, PA 15120. Borough of West Mifflin ...... Borough Hall, 4733 Greenspring Avenue, West Mifflin, PA 15122. Borough of West View...... West View Borough Building, 441 Perry Highway, Pittsburgh, PA 15229. Borough of Whitaker ...... Whitaker Borough Secretary’s Office, 1705 Maple Street, Homestead, PA 15120. Borough of White Oak ...... Borough Municipal Building, 2280 Lincoln Way, White Oak, PA 15131. Borough of Whitehall ...... Whitehall Borough Complex, 100 Borough Park Drive, Pittsburgh, PA 15236. Borough of Wilmerding ...... Borough Building, 301 Station Street, Wilmerding, PA 15148. City of Clairton ...... City Engineer’s Office, 551 Ravensburg Boulevard, Clairton, PA 15025. City of Duquesne ...... City Building Inspector’s Office, 12 South 2nd Street, Duquesne, PA 15110. City of McKeesport ...... City Building Inspector’s Office, 201 Lysle Boulevard, McKeesport, PA 15132. City of Pittsburgh ...... City-County Building, 414 Grant Street, Pittsburgh, PA 15219. Municipality of Bethel Park ...... Municipal Building, 5100 West Library Avenue, Bethel Park, PA 15102. Municipality of Monroeville ...... Municipal Engineering Office, 2700 Monroeville Boulevard, Monroeville, PA 15146. Municipality of Mt. Lebanon ...... Mt. Lebanon Municipal Building, 710 Washington Road, Pittsburgh, PA 15228. Municipality of Penn Hills ...... Municipal Planning Department, 12245 Frankstown Road, Penn Hills, PA 15235. Township of Aleppo ...... Aleppo Township Building, 100 North Drive, Sewickley, PA 15143. Township of Baldwin ...... Baldwin Township Municipal Building, 10 Community Park Drive, Pitts- burgh, PA 15234. Township of Collier ...... Collier Township Zoning Office, 2418 Hilltop Road, Suite 100, Presto, PA 15142. Township of Crescent ...... Township Municipal Building, 225 Spring Run Road, Crescent, PA 15046. Township of East Deer ...... East Deer Township Municipal Building, 927 Freeport Road, Creighton, PA 15030. Township of Elizabeth ...... Township Municipal Building, 522 Rock Run Road, Elizabeth, PA 15037. Township of Fawn ...... Fawn Township Office, 3054 Howes Run Road, Tarentum, PA 15084. Township of Findlay ...... Findlay Township Building, 1271 Route 30, Clinton, PA 15026. Township of Forward ...... Forward Township Municipal Building, 1000 Golden Circle, Elizabeth, PA 15037. Township of Frazer ...... Frazer Township Hall, 2129 Butler Logan Road, Tarentum, PA 15084. Township of Hampton ...... Hampton Township Municipal Building, 3101 McCully Road, Allison Park, PA 15101. Township of Harmar ...... Harmar Township Municipal Building, 701 Freeport Road, Cheswick, PA 15024. Township of Harrison ...... Harrison Township Municipal Building, 1 Municipal Drive, Natrona Heights, PA 15065. Township of Indiana ...... Indiana Township Hall, 3710 Saxonburg Boulevard, Pittsburgh, PA 15238. Township of Kennedy...... Kennedy Township Municipal Building, 340 Forest Grove Road, Coraopolis, PA 15108.

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Community Community map repository address

Township of Kilbuck ...... Kilbuck Township Municipal Building, 640 California Avenue, Pitts- burgh, PA 15202. Township of Leet ...... Leet Township Building, 198 Ambridge Avenue, Fair Oaks, PA 15143. Township of Marshall ...... Marshall Township Municipal Building, 525 Pleasant Hill Road, Suite 100, Wexford, PA 15090. Township of McCandless ...... McCandless Township Hall, 9955 Grubbs Road, Wexford, PA 15090. Township of Moon ...... Township Office, 1000 Beaver Grade Road, Moon Township, PA 15108. Township of Neville ...... Neville Township Municipal Building, 5050 Grand Avenue, Pittsburgh, PA 15225. Township of North Fayette ...... North Fayette Township Building, 400 North Branch Road, Oakdale, PA 15071. Township of North Versailles ...... Township Administrative Office, 1401 Greensburg Avenue, North Versailles, PA 15137. Township of O’Hara ...... O’Hara Township Office, 325 Fox Chapel Road, Pittsburgh, PA 15238. Township of Ohio ...... Ohio Township Building, 1719 Roosevelt Road, Pittsburgh, PA 15237. Township of Pine ...... Pine Township Municipal Building, 230 Pearce Mill Road, Wexford, PA 15090. Township of Reserve ...... Reserve Township Hall, 33 Lonsdale Street, Pittsburgh, PA 15212. Township of Richland ...... Richland Township Building, 4019 Dickey Road, Gibsonia, PA 15044. Township of Robinson ...... Robinson Township Building, 1000 Church Hill Road, Pittsburgh, PA 15205. Township of Ross ...... Ross Township Hall, 5325 Perrysville Avenue, Pittsburgh, PA 15229. Township of Scott ...... Scott Township Office, 301 Lindsay Road, Carnegie, PA 15106. Township of Shaler ...... Shaler Township Hall, 300 Wetzel Road, Glenshaw, PA 15116. Township of South Fayette ...... South Fayette Township Municipal Building, 515 Millers Run Road, Morgan, PA 15064. Township of South Park ...... Township Code Enforcement Office, 2675 Brownsville Road, South Park, PA 15129. Township of South Versailles ...... South Versailles Township Office, 201 Lysle Boulevard, McKeesport, PA 15132. Township of Springdale ...... Springdale Township Hall, 100 Plate Drive, Harwick, PA 15049. Township of Stowe ...... Stowe Township Building, 1301 Island Avenue, McKees Rocks, PA 15136. Township of Upper St. Clair ...... Township Municipal Building, 1820 McLaughlin Run Road, Upper St. Clair, PA 15241. Township of West Deer ...... West Deer Township Building, 109 East Union Road, Cheswick, PA 15124. Township of Wilkins ...... Township Municipal Building, 100 Peffer Road, Wilkins, PA 15145.

Mercer County, North Dakota, and Incorporated Areas

Maps Available for Inspection Online at: http://www.bakeraecom.com/index.php/north-dakota/mercer/

City of Hazen ...... 146 Main Street East, Hazen, ND 58545. Unincorporated Areas of Mercer County ...... DES Director, 021 Aurthur Street, Stanton, ND 58571.

Albemarle County, Virginia, and Incorporated Areas

Maps Available for Inspection Online at: www.rampp-team.com/va.htm

Town of Scottsville ...... Town Office, Victory Hall, Town Manager’s Office, 401 Valley Street, Scottsville, VA 24590. Unincorporated Areas of Albemarle County ...... Albemarle County Engineering Office, 401 McIntire Road, Charlottes- ville, VA 22902.

Chippewa County, Wisconsin, and Incorporated Areas

Maps Available for Inspection Online at: www.starr-team.com/starr/RegionalWorkspaces/RegionV/ChippewaWI

City of Eau Claire ...... City Hall, 203 South Farwell Street, Third Floor, Eau Claire, WI 54701. Unincorporated Areas of Chippewa County...... Chippewa County Courthouse, 711 North Bridge Street, Chippewa Falls, WI 54729.

Baraboo Watershed

Columbia County, Wisconsin, and Incorporated Areas

Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/ColumbiaBarabooWI

City of Portage ...... City Hall, 115 West Pleasant Street, Portage, WI 53901. Unincorporated Areas of Columbia County ...... Carl C. Frederick Administration Building, 400 DeWitt Street, Portage, WI 53901.

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Community Community map repository address

Eau Claire County, Wisconsin, and Incorporated Areas

Maps Available for Inspection Online at: www.starr-team.com/starr/RegionalWorkspaces/RegionV/EauClaireWI

City of Eau Claire ...... City Hall, 203 South Farwell Street, Third Floor, Eau Claire, WI 54701. Unincorporated Areas of Eau Claire County ...... Eau Claire County Courthouse, 721 Oxford Avenue, Room 1510, Eau Claire, WI 54703.

(Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted rates for new buildings built after the 97.022, ‘‘Flood Insurance.’’) on or before June 4, 2013. FIRM and FIS report become effective. Roy Wright, ADDRESSES: The Preliminary FIRM, and The communities affected by the Deputy Associate Administrator for where applicable, the FIS report for flood hazard determinations are Mitigation, Department of Homeland each community are available for provided in the tables below. Any Security, Federal Emergency Management inspection at both the online location request for reconsideration of the Agency. and the respective Community Map revised flood hazard information shown [FR Doc. 2013–05186 Filed 3–5–13; 8:45 am] Repository address listed in the tables on the Preliminary FIRM and FIS report below. Additionally, the current BILLING CODE 9110–12–P that satisfies the data requirements effective FIRM and FIS report for each outlined in 44 CFR 67.6(b) is considered community are accessible online DEPARTMENT OF HOMELAND through the FEMA Map Service Center an appeal. Comments unrelated to the SECURITY at www.msc.fema.gov for comparison. flood hazard determinations also will be You may submit comments, identified considered before the FIRM and FIS Federal Emergency Management by Docket No. FEMA–B–1296, to Luis report become effective. Agency Rodriguez, Chief, Engineering Use of a Scientific Resolution Panel [Docket ID FEMA–2013–0002; Internal Management Branch, Federal Insurance (SRP) is available to communities in Agency Docket No. FEMA–B–1296] and Mitigation Administration, FEMA, support of the appeal resolution 500 C Street SW., Washington, DC process. SRPs are independent panels of Proposed Flood Hazard 20472, (202) 646–4064, or (email) experts in hydrology, hydraulics, and Determinations [email protected]. other pertinent sciences established to AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: Luis review conflicting scientific and Management Agency, DHS. Rodriguez, Chief, Engineering technical data and provide Management Branch, Federal Insurance recommendations for resolution. Use of ACTION: Notice. and Mitigation Administration, FEMA, the SRP only may be exercised after SUMMARY: Comments are requested on 500 C Street SW., Washington, DC FEMA and local communities have been proposed flood hazard determinations, 20472, (202) 646–4064, or (email) engaged in a collaborative consultation which may include additions or [email protected]; or visit process for at least 60 days without a modifications of any Base Flood the FEMA Map Information eXchange mutually acceptable resolution of an Elevation (BFE), base flood depth, (FMIX) online at appeal. Additional information Special Flood Hazard Area (SFHA) www.floodmaps.fema.gov/fhm/ _ regarding the SRP process can be found boundary or zone designation, or fmx main.html. online at www.fema.gov/pdf/media/ regulatory floodway on the Flood SUPPLEMENTARY INFORMATION: FEMA factsheets/2010/srp_fs.pdf. Insurance Rate Maps (FIRMs), and proposes to make flood hazard The watersheds and/or communities where applicable, in the supporting determinations for each community affected are listed in the tables below. Flood Insurance Study (FIS) reports for listed below, in accordance with section The Preliminary FIRM, and where the communities listed in the table 110 of the Flood Disaster Protection Act applicable, FIS report for each below. The purpose of this notice is to of 1973, 42 U.S.C. 4104, and 44 CFR seek general information and comment 67.4(a). community are available for inspection regarding the preliminary FIRM, and These proposed flood hazard at both the online location and the where applicable, the FIS report that the determinations, together with the respective Community Map Repository Federal Emergency Management Agency floodplain management criteria required address listed in the tables. (FEMA) has provided to the affected by 44 CFR 60.3, are the minimum that Additionally, the current effective FIRM communities. The FIRM and FIS report are required. They should not be and FIS report for each community are are the basis of the floodplain construed to mean that the community accessible online through the FEMA management measures that the must change any existing ordinances Map Service Center at community is required either to adopt that are more stringent in their www.msc.fema.gov for comparison. or to show evidence of having in effect floodplain management requirements. in order to qualify or remain qualified The community may at any time enact for participation in the National Flood stricter requirements of its own or Insurance Program (NFIP). In addition, pursuant to policies established by other the FIRM and FIS report, once effective, Federal, State, or regional entities. will be used by insurance agents and These flood hazard determinations are others to calculate appropriate flood used to meet the floodplain insurance premium rates for new management requirements of the NFIP buildings and the contents of those and also are used to calculate the buildings. appropriate flood insurance premium

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DEPARTMENT OF HOMELAND Community Local map repository ad- Community Local map repository address dress SECURITY Bristol County, Massachusetts (All Long County, Georgia, and Incorporated U.S. Citizenship and Immigration Jurisdictions) Areas Services Maps Available for Inspection Online at: Maps Available for Inspection Online at: [OMB Control Number 1615–0017] http://www.starr-team.com/starr/ www.georgiadfirm.com/status/ RegionalWorkspaces/RegionI/ mapmodStatus.html Agency Information Collection BristolCountyMAcoastal/ Activities: Application for Advance Preliminary%20Maps/Forms/AllItems.aspx City of City Hall, 469 North Main Permission to Enter as Nonimmigrant, Ludowici. Street, Ludowici, GA Form I–192; Extension, Without City of Fall City Hall, One Government 31316. Change, of a Currently Approved River. Center, Fall River, MA Unincorporated Long County Code Enforce- Collection 02722. Areas of ment Office, 459 South Town of Berk- Town Hall, One North Main Long County. McDonald Street, ACTION: 30-Day Notice. ley. Street, Berkley, MA Ludowici, GA 31316. 02779. SUMMARY: The Department of Homeland Town of Town Hall, 979 Somerset De Soto County, Mississippi, and Security (DHS), U.S. Citizenship and Dighton. Avenue, Dighton, MA Incorporated Areas 02715. Immigration Services (USCIS) will be Town of Free- Freetown Town Hall, 3 North Maps Available for Inspection Online at: submitting the following information town. Main Street, Assonet, MA http://geology.deq.ms.gov/floodmaps/ collection request to the Office of 02702. Projects/FY2009/?county=DeSoto Management and Budget (OMB) for Town of Reho- Town Hall, 148 Peck Street, review and clearance in accordance both. Rehoboth, MA 02769. City of City Hall, 475 West Com- with the Paperwork Reduction Act of Town of Town Hall, 100 Peck Street, Hernando. merce Street, Hernando, 1995. The information collection notice Seekonk. Seekonk, MA 02771. MS 38632. was previously published in the Federal Town of Som- Town Office Building, 140 City of Horn City Hall, Planning Depart- Register on December 18, 2012, at 77 FR erset. Wood Street, Room 23, Lake. ment, 2285 Goodman 74861, allowing for a 60-day public Somerset, MA 02726. Road, Horn Lake, MS 38637. comment period. USCIS received one Town of Swan- Town Hall, 81 Main Street, public comment submission in sea. Swansea, MA 02777. City of Olive Planning and Building De- Branch. partment, 9150 Pigeon connection with the 60-day notice. Bryan County, Georgia, and Incorporated Roost Road, Olive Branch, DATES: The purpose of this notice is to Areas MS 38654. allow an additional 30 days for public City of Engineering Department, comments. Comments are encouraged Maps Available for Inspection Online at: Southhaven. 8710 Northwest Drive, and will be accepted until April 5, 2013. www.georgiadfirm.com/status/ Southaven, MS 38671. This process is conducted in accordance mapmodStatus.html Unincorporated De Soto County Geographic with 5 CFR 1320.10. Areas of De Information Systems, 365 City of Pem- City Hall, 160 North Main Soto County. Losher Street, Suite 200, ADDRESSES: Written comments and/or brooke. Street, Pembroke, GA Hernando, MS 38632. suggestions regarding the item(s) 31321. contained in this notice, especially Unincorporated Bryan County Planning and Nash County, North Carolina, and regarding the estimated public burden Areas of Zoning Department, 51 Incorporated Areas and associated response time, must be Bryan Coun- North Courthouse Street, directed to the OMB USCIS Desk Officer ty. Pembroke, GA 31321. Maps Available for Inspection Online at: via email at www.ncfloodmaps.com _ Liberty County, Georgia, and Incorporated oira [email protected]. The Areas Town of Mid- Town Hall, 10232 South comments submitted to the OMB USCIS dlesex. Nash Street, Middlesex, Desk Officer may also be submitted to Maps Available for Inspection Online at: NC 27557. DHS via the Federal eRulemaking Portal www.georgiadfirm.com/status/ Unincorporated Nash County Planning De- Web site at http://www.regulations.gov mapmodStatus.html Areas of partment, 120 West Wash- under e-Docket ID number USCIS– Nash County. ington Street, Suite 2110, 2008–0009 or via email at City of City Hall, 156 Old Sunbury Nashville, NC 27856. [email protected]. All Flemington. Road, Flemington, GA 31309. submissions received must include the (Catalog of Federal Domestic Assistance No. City of Gum City Hall, 5334 Highway 196 agency name and the OMB Control 97.022, ‘‘Flood Insurance.’’) Branch. West, Gum Branch, GA Number 1615–0017. 31310. Roy Wright, SUPPLEMENTARY INFORMATION: City of Inspections Department, 115 Hinesville. East M.L. King, Jr. Drive, Deputy Associate Administrator for Comments Mitigation, Department of Homeland Hinesville, GA 31313. Regardless of the method used for City of City Hall, 222 Busbee Road, Security, Federal Emergency Management Agency. submitting comments or material, all Walthourville. Walthourville, GA 31333. submissions will be posted, without [FR Doc. 2013–05183 Filed 3–5–13; 8:45 am] Town of Town Hall, 4063 West change, to the Federal eRulemaking Allenhurst. Oglelthorpe Highway, BILLING CODE 9110–12–P Allenhurst, GA 31301. Portal at www.regulations.gov, and will Unincorporated Liberty County Consolidated include any personal information you Areas of Lib- Planning Commission, 100 provide. Therefore, submitting this erty County. Main Street, Suite 1220, information makes it public. You may Hinesville, GA 31313. wish to consider limiting the amount of personal information that you provide

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in any voluntary submission you make If you need a copy of the information www.Regulations.gov under e-Docket ID to DHS. For additional information collection instrument with number USCIS–XXXX–XXXX; please read the Privacy Act notice that supplementary documents, or need (2) Email. Submit comments to is available via the link in the footer of additional information, please visit [email protected]; www.regulations.gov. http://www.regulations.gov. We may (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Note: The address listed in this notice also be contacted at: USCIS, Office of should only be used to submit comments Policy and Strategy, Regulatory Strategy, Chief, Regulatory Coordination concerning this information collection. Coordination Division, 20 Division, 20 Massachusetts Avenue Please do not submit requests for individual Massachusetts Avenue NW, NW., Washington, DC 20529–2140. case status inquiries to this address. If you Washington, DC 20529–2140; SUPPLEMENTARY INFORMATION: are seeking information about the status of Telephone 202–272–8377. your individual case, please check ‘‘My Case Comments Dated: March 1, 2013. Status’’ online at: http://egov.uscis.gov/cris/ Regardless of the method used for Dashboard.do, or call the USCIS National Laura Dawkins, submitting comments or material, all Customer Service Center at 1–800–375–5283. Chief, Regulatory Coordination Division, submissions will be posted, without Office of Policy and Strategy, U.S. Citizenship change, to the Federal eRulemaking Written comments and suggestions and Immigration Services, Department of Portal at http://www.regulations.gov, from the public and affected agencies Homeland Security. should address one or more of the and will include any personal [FR Doc. 2013–05234 Filed 3–5–13; 8:45 am] information you provide. Therefore, following four points: BILLING CODE 9111–97–P (1) Evaluate whether the proposed submitting this information makes it collection of information is necessary public. You may wish to consider for the proper performance of the DEPARTMENT OF HOMELAND limiting the amount of personal functions of the agency, including SECURITY information that you provide in any whether the information will have voluntary submission you make to DHS. practical utility; U.S. Citizenship and Immigration DHS may withhold information (2) Evaluate the accuracy of the Services provided in comments from public viewing that it determines may impact agency’s estimate of the burden of the [OMB Control Number 1615–0114] proposed collection of information, the privacy of an individual or is including the validity of the Agency Information Collection offensive. For additional information, methodology and assumptions used; Activities: Application for Civil please read the Privacy Act notice that is available via the link in the footer of (3) Enhance the quality, utility, and Surgeon Designation Registration, No http://www.regulations.gov. clarity of the information to be Form; Extension, Without Change, of a collected; and Currently Approved Collection Note: The address listed in this notice (4) Minimize the burden of the should only be used to submit comments collection of information on those who ACTION: 60-Day Notice. concerning this information collection. are to respond, including through the Please do not submit requests for individual SUMMARY: case status inquiries to this address. If you use of appropriate automated, The Department of Homeland Security (DHS), U.S. Citizenship and are seeking information about the status of electronic, mechanical, or other your individual case, please check ‘‘My Case technological collection techniques or Immigration Services (USCIS) invites the general public and other Federal Status’’ online at: https://egov.uscis.gov/cris/ other forms of information technology, Dashboard.do, or call the USCIS National agencies to comment upon this e.g., permitting electronic submission of Customer Service Center at 1–800–375–5283. responses. proposed extension of a currently approved collection of information or Written comments and suggestions Overview of This Information new collection of information. In from the public and affected agencies Collection accordance with the Paperwork should address one or more of the Reduction Act (PRA) of 1995, the following four points: (1) Type of Information Collection (1) Evaluate whether the proposed Request: Extension, Without Change, of information collection notice is published in the Federal Register to collection of information is necessary a Currently Approved Collection. for the proper performance of the (2) Title of the Form/Collection: obtain comments regarding the nature of the information collection, the functions of the agency, including Application for Advance Permission to whether the information will have Enter as Nonimmigrant [Pursuant to categories of respondents, the estimated burden (i.e. the time, effort, and practical utility; Section 212(d)(3)(A)(ii) of the INA]. (2) Evaluate the accuracy of the resources used by the respondents to (3) Agency form number, if any, and agency’s estimate of the burden of the respond), the estimated cost to the the applicable component of the DHS proposed collection of information, respondent, and the actual information sponsoring the collection: Form I–192; including the validity of the collection instruments. USCIS. methodology and assumptions used; (4) Affected public who will be asked DATES: Comments are encouraged and (3) Enhance the quality, utility, and or required to respond, as well as a brief will be accepted for 60 days until May clarity of the information to be abstract: Primary: Individuals or 6, 2013. collected; and households. ADDRESSES: All submissions received (4) Minimize the burden of the (5) An estimate of the total number of must include the OMB Control Number collection of information on those who respondents and the amount of time 1615–0114 in the subject box, the are to respond, including through the estimated for an average respondent to agency name and Docket ID USCIS– use of appropriate automated, respond: 10,448 responses at 0.5 hours XXXX–XXXX. To avoid duplicate electronic, mechanical, or other (30 minutes) per response. submissions, please use only one of the technological collection techniques or (6) An estimate of the total public following methods to submit comments: other forms of information technology, burden (in hours) associated with the (1) Online. Submit comments via the e.g., permitting electronic submission of collection: 5,224 annual burden hours. Federal eRulemaking Portal Web site at responses.

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Overview of This Information DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Collection Fish and Wildlife Service Background (1) Type of Information Collection: The Morro shoulderband snail Extension, Without Change, of a [FWS–R8–ES–2013–N049; 1112–0000– 81440–F2] (=banded dune snail; Helminthoglypta Currently Approved Collection. walkeriana) was listed by the Service as (2) Title of the Form/Collection: Kelley-McDonough Low-Effect Habitat endangered on December 15, 1994 (59 Application for Civil Surgeon Conservation Plan for the Morro FR 64613). Section 9 of the Act and its Designation Registration. Shoulderband Snail, Community of implementing regulations (16 U.S.C. (3) Agency form number, if any, and Los Osos, San Luis Obispo County, 1531 et seq.) prohibit the take of fish or the applicable component of the DHS California wildlife species listed as endangered or sponsoring the collection: No Form; threatened. ‘‘Take’’ is defined under the AGENCY: Fish and Wildlife Service, USCIS. Act to include the following activities: Interior. ‘‘to harass, harm, pursue, hunt, shoot, (4) Affected public who will be asked ACTION: Notice of availability; request wound, kill, trap, capture, or collect, or or required to respond, as well as a brief for comment. to attempt to engage in any such abstract: Primary: Business or other for- conduct’’ (16 U.S.C. 1532); however, profit. Section 212(a)(1)(A) of the SUMMARY: We, the U.S. Fish and under section 10(a)(1)(B) of the Act, we Immigration and Nationality Act (Act) Wildlife Service (Service), have received may issue permits to authorize an application from John Kelley and renders individuals inadmissible if the incidental take of listed species. Denise McDonough for a 10-year individual is afflicted with the ‘‘Incidental take’’ is defined by the Act incidental take permit under the statutorily mentioned diseases or as take that is not the purpose of Endangered Species Act of 1973, as medical conditions. In order to establish carrying out of an otherwise lawful amended. The application addresses the that the individual is admissible when activity. Regulations governing potential for ‘‘take’’ of the federally seeking adjustment of status to a legal incidental take permits for threatened endangered Morro shoulderband snail permanent resident (and in certain cases and endangered species are provided in that is likely to occur incidental to the other aliens seeking an immigration the Code of Federal Regulations at 50 construction, maintenance, and benefit), the individual must submit CFR 17.32 and 17.22. Issuance of an occupation of a single-family residence Form I–693 (OMB Control Number incidental take permit must not on an existing legal single-family-zoned 1615–0033), Report of Medical jeopardize the existence of federally parcel in the unincorporated Examination and Vaccination Record, listed fish, wildlife, or plant species. that is completed by a civil surgeon, a community of Los Osos, San Luis John Kelley and Denise McDonough USCIS designated physician.’’ The Obispo County, California. The (hereafter, the applicants) have statutory basis for the designation of applicants would implement a submitted a low-effect habitat civil surgeons and the medical conservation program to minimize and conservation plan (HCP) in support of examination of aliens is contained in mitigate project activities that are likely their application for an incidental take section 232 of the INA and 8 CFR 232.2. to result in take of the Morro permit (ITP) to address take of Morro To be selected as a civil surgeon, the shoulderband snail as described in their shoulderband snail that is likely to physician has to demonstrate that he or plan. We invite comments from the occur as the result of direct impacts to she is a licensed physician with no less public on the application package that up to 0.18 acre (8,000 square feet) of than 4 years of professional experience. includes the Kelley-McDonough Low- highly disturbed habitat invaded by (5) An estimate of the total number of Effect Habitat Conservation Plan for the nonnative species that is occupied by Morro Shoulderband Snail. This respondents and the amount of time the species. Take would be associated proposed action has been determined to estimated for an average respondent to with the construction, maintenance, and be eligible for a Categorical Exclusion respond: 1,200 respondents at 1 hour occupation of a single-family residence under the National Environmental per response. on an existing parcel legally described Policy Act of 1969, as amended (NEPA). (6) An estimate of the total public as County of San Luis Obispo Assessor DATES: To ensure consideration, please Parcel Number 074–471–002 and burden (in hours) associated with the send your written comments by April 5, collection: 1,200 annual burden hours. located at 2285 Bay Vista Lane in 2013. western portion of Los Osos, an If you need a copy of the information ADDRESSES: You may download a copy unincorporated community of San Luis collection instrument with instructions, of the habitat conservation plan, draft Obispo County, California. The or additional information, please visit environmental action statement and applicants are requesting a permit for the Federal eRulemaking Portal site at: low-effect screening form, and related take of Morro shoulderband snail that http://www.regulations.gov. We may documents on the Internet at http:// would result from HCP ‘‘covered also be contacted at: USCIS, Office of www.fws.gov/ventura/, or you may activities,’’ which include the Policy and Strategy, Regulatory request copies of the documents by U.S. construction, maintenance, and Coordination Division, 20 mail or phone (see below). Please occupation of a single-family residence Massachusetts Avenue NW., address written comments to Diane K. and associated landscaping/ Washington, DC 20529–2140, Noda, Field Supervisor, Ventura Fish infrastructure. Telephone number 202–272–8377. and Wildlife Office, U.S. Fish and The applicants propose to minimize Dated: March 1, 2013. Wildlife Service, 2493 Portola Road, and mitigate take of Morro Laura Dawkins, Suite B, Ventura, California 93003. You shoulderband snail associated with the Chief, Regulatory Coordination Division, may alternatively send comments by covered activities by fully implementing Office of Policy and Strategy, U.S. Citizenship facsimile to 805–644–3958. the HCP. The following measures would and Immigration Services, Department of FOR FURTHER INFORMATION CONTACT: Julie be implemented to minimize the effects Homeland Security. M. Vanderwier, Fish and Wildlife of the taking: (1) Pre-construction and [FR Doc. 2013–05177 Filed 3–5–13; 8:45 am] Biologist, at the above address or by concurrent construction monitoring BILLING CODE 9111–97–P calling 805–644–1766. surveys for Morro shoulderband snail

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would be conducted, (2) all identified shoulderband snail and that the plan Public Comments individuals of any life stage of Morro qualifies as a low-effect HCP as defined If you wish to comment on the permit shoulderband snail would be captured by our Habitat Conservation Planning applications, plans, and associated and moved out of harm’s way to a Handbook (November 1996). We base documents, you may submit comments Service-approved receptor site by an our determinations on three criteria: (1) by any one of the methods in individual in possession of a current Implementation of the proposed project ADDRESSES. valid recovery permit for the species, as described in the HCP would result in and (3) a contractor and employee minor or negligible effects on federally Public Availability of Comments training program for Morro listed, proposed, and/or candidate Before including your address, phone shoulderband snail would be developed species and their habitats; (2) number, email address, or other and presented. To mitigate for implementation of the HCP would result personal identifying information in your unavoidable take, the applicants would in minor negligible effects on other comment, you should be aware that contribute $4,000 to an impact-directed environmental values or resources; and your entire comment—including your environmental account held and (3) HCP impacts, considered together personal identifying information—may administered by the National Fish and with those of other past, present, and be made publicly available at any time. Wildlife Foundation. These funds reasonably foreseeable future projects, While you can ask us in your comment would be used to implement recovery would not result in cumulatively to withhold your personal identifying tasks identified in the Recovery Plan for significant effects. In our analysis of information from public view, we the Morro Shoulderband Snail and Four these criteria, we have made a cannot guarantee that we will be able to Plants from Western San Luis Obispo preliminary determination that the do so. County, California (USFWS 1998). The approval of the HCP and issuance of an applicants would fund up to $4,000, as ITP qualify for categorical exclusion Authority needed, to ensure implementation of all under the NEPA (42 U.S.C. 4321 et seq.), We provide this notice under section of the minimization measures and as provided by the Department of 10 of the Act (16 U.S.C. 1531 et seq.) reporting requirements identified in the Interior Manual (516 DM 2 Appendix 2 and NEPA regulations (40 CFR 1506.6). HCP. and 516 DM 8); however, based upon Dated: February 27, 2013. In the proposed HCP, the applicants our review of public comments that we Diane K. Noda, consider two alternatives to the receive in response to this notice, this proposed action: ‘‘No Action’’ and preliminary determination may be Field Supervisor, Ventura Fish and Wildlife Office. Ventura, California. ‘‘Project Design.’’ Under the ‘‘No revised. Action’’ alternative, an ITP for the [FR Doc. 2013–05237 Filed 3–5–13; 8:45 am] Kelley-McDonough single-family Next Steps BILLING CODE 4310–55–P residence would not be issued. The We will evaluate the permit Kelly-McDonough single-family application, including the plan and residence would not be built, and a DEPARTMENT OF THE INTERIOR comments we receive, to determine contribution of in-lieu fees would not be whether the application meets the provided to effect recovery actions for National Park Service requirements of section 10(a)(1)(B) of the Morro shoulderband snail. Since the the Act. We will also evaluate whether [NPS–NERO–CACO–12173; PPNECACOS0, property is privately owned, there are PPMPSD1Z.YM0000] ongoing economic considerations issuance of the ITP would comply with associated with continued ownership section 7(a)(2) of the Act by conducting Notice of March 25, 2013, Meeting for without use, including payment of an intra-Service Section 7 consultation. Cape Cod National Seashore Advisory associated taxes. The sale of this Public Review Commission property for purposes other than the AGENCY: National Park Service, Interior. identified activity is not considered We provide this notice under section economically feasible. Because of 10(c) of the Act and the NEPA public ACTION: Meeting Notice. economic considerations and because involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 1506.6). We SUMMARY: This notice sets forth the date the proposed action results in a net of the Two Hundred Eighty-Eighth benefit for the covered species, Morro are requesting comments on our determination that the applicants’ Meeting of the Cape Cod National shoulderband snail, the No Action Seashore Advisory Commission. Alternative has been rejected. proposal will have a minor or neglible Under the ‘‘Project Redesign’’ effect on the Morro shoulderband snail DATES: The public meeting of the Cape alternative, the project would be and that the plan qualifies as a low- Cod National Seashore Advisory redesigned to avoid or further reduce effect HCP. We will evaluate the permit Commission will be held on Monday, take of Morro shoulderband snail. The application, including the plan and March 25, 2013, at 1:00 P.M. onsite habitats occupied by Morro comments we receive, to determine (EASTERN). shoulderband snail are highly degraded whether the application meets the ADDRESSES: The Commission members in nature, and the parcel is not of requirements of section 10(a)(1)(B) of will meet in the meeting room at sufficient size to accommodate a the Act. We will use the results of our Headquarters, 99 Marconi Site Road, redesign that would substantially internal Service consultation, in Wellfleet, Massachusetts 02667. improve the conservation benefit to the combination with the above findings, in Agenda: The March 25, 2013, species beyond what would be achieved our final analysis to determine whether Commission meeting will consist of the in the proposed project. For these to issue the permits. If the requirements following: reasons, the alternate design alternative are met, we will issue an ITP to the 1. Adoption of Agenda has also been rejected. applicants for the incidental take of 2. Approval of Minutes of Previous We are requesting comments on our Morro shoulderband snail. We will Meeting (January 14, 2013) preliminary determination that the make the final permit decision no 3. Reports of Officers applicants’ proposal will have a minor sooner than 30 days after the date of this 4. Reports of Subcommittees or negligible effect on the Morro notice. Update of Pilgrim Nuclear Plant

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Emergency Planning Subcommittee Dated: February 25, 2013. The Gettysburg National Military Park Update of Herring Cove Beach George E. Price, Jr., Advisory Commission was established Subcommittee Superintendent, Cape Cod National Seashore. by Public Law 101–377. Efforts have 5. Superintendent’s Report [FR Doc. 2013–05180 Filed 3–5–13; 8:45 am] been made locally to ensure that the Update on Dune Shacks BILLING CODE 4310–WV–P interested public is aware of the meeting dates. Update on Ponds Status Dated: February 28, 2013. Improved Properties/Town Bylaws DEPARTMENT OF THE INTERIOR Herring River Wetland Restoration Bob Kirby, Wind Turbines/Cell Towers National Park Service DFO, Gettysburg National Military Park, Northeast Region. Shorebird Management Planning [NPS–NER–GETT–12380; [FR Doc. 2013–05179 Filed 3–5–13; 8:45 am] Highlands Center Update PPMPSPD1Z.YM0000; PPNEGETTS1] BILLING CODE 4310–WV–P Alternate Transportation funding Gettysburg National Military Park Ocean stewardship topics—shoreline Advisory Commission Meetings change DEPARTMENT OF THE INTERIOR (FY2013) Herring Cove Beach/revetment Climate Friendly Parks AGENCY: National Park Service, Interior. National Park Service 6. Old Business ACTION: Notice of upcoming scheduled [NPS–AKR–GAAR–12397; 7. New Business meetings. PPAKAKROR4;PPMPRLE1Y.LS0000] Commercial Private Properties— SUMMARY: This notice announces a Notice of Open Public Meetings for the Certificate of Suspension from schedule of upcoming meetings for the National Park Service (NPS) Alaska Condemnation updates and Gettysburg National Military Park Region’s Subsistence Resource decisions Advisory Commission. Commission (SRC) Program for 8. Date and agenda for next meeting DATES: The meetings are scheduled for Calendar Year 2013 9. Public comment and April 25, 2013, and September 5, 2013. 10. Adjournment Time: All scheduled meetings will AGENCY: National Park Service, Interior. begin at 7:00 p.m. and end at 9:00 p.m. FOR FURTHER INFORMATION CONTACT: ACTION: Meeting notice. Further information concerning the ADDRESSES: All scheduled meetings will be held at the Gettysburg National SUMMARY: As required by the Federal meeting may be obtained from the Advisory Committee Act (Pub. L. 92– Superintendent, George E. Price, Jr., Military Park, Ford Education Center, 1195 Baltimore Pike, Gettysburg, 463, 86 Stat. 770), the NPS is hereby Cape Cod National Seashore, 99 giving notice that the Gates of the Arctic Marconi Site Road, Wellfleet, MA Pennsylvania 17325. Call (717) 334–1124 or visit online at National Park Subsistence Resource 02667, at (508) 771–2144. http://www.nps.gov/gett for additional Commission (SRC) will hold meetings to SUPPLEMENTARY INFORMATION: The information on this facility. develop and continue work on NPS Commission was reestablished pursuant FOR FURTHER INFORMATION CONTACT: Bob subsistence program recommendations to Public Law 87–126 as amended by Kirby, DFO, Gettysburg National and other related subsistence Public Law 105–280. The purpose of the Military Park, 1195 Baltimore Pike, management issues. The NPS SRC Commission is to consult with the Gettysburg, Pennsylvania 17325 or program is authorized under Title VIII, Secretary of the Interior, or his designee, phone (717) 334–1124. Section 808 of the Alaska National with respect to matters relating to the SUPPLEMENTARY INFORMATION: The Interest Lands Conservation Act, Public development of Cape Cod National scheduled meetings will be open to the Law 96–487. Seashore, and with respect to carrying public. Each scheduled meeting will Gates of the Arctic National Park SRC out the provisions of sections 4 and 5 result in presentations on the Gettysburg Meeting Date and Location: The Gates of of the Act establishing the Seashore. National Military Park Operational the Arctic National Park SRC will meet The meeting is open to the public. It Update and the Sesquicentennial from 9:00 a.m. to 5:00 p.m. on Tuesday, is expected that 15 persons will be able Events. The April 25, 2013, meeting will April 9 to Wednesday, April 10, 2013, to attend the meeting in addition to also have the nomination of new at the Ambler Public School in Ambler, Commission members. Interested officers. Any member of the public may AK. SRC meeting locations and dates persons may make oral/written file with the Committee a written may change based on inclement weather presentations to the Commission during statement with issues or concerns. or exceptional circumstances. If the the business meeting or file written Before including your address, meeting date and location are changed, statements. Such requests should be telephone number, email address, or the Superintendent will issue a press made to the park superintendent prior other personal identifying information release and use local newspapers and to the meeting. Before including your in your comments, you should be aware radio stations to announce the meeting. address, phone number, email address, that your entire comment—including Gates of the Arctic National Park SRC or other personal identifying your personal identifying information— Proposed Meeting Agenda: information in your comment, you may be made publicly available at any The proposed meeting agenda should be aware that your entire time. While you can ask us in your includes the following: comment—including your personal comment to withhold your personal 1. Call to Order—Confirm Quorum identifying information—may be made identifying information from public 2. Welcome Introduction publicly available at any time. view, we cannot guarantee that we will 3. Review and Adoption of Agenda While you can ask us in your be able to do so. The issues or concerns 4. Approval of Minutes comment to withhold your personal should be addressed to the Gettysburg 5. Welcome by Local Community identifying information from public National Military Park Advisory 6. Superintendent’s Welcome and review, we cannot guarantee that we Commission, 1195 Baltimore Pike, Review of the Commission Purpose will be able to do so. Gettysburg, Pennsylvania 17325. 7. Commission Membership Status

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8. SRC Chair’s Report INTERNATIONAL TRADE with mobility impairments who will 9. Superintendent’s Report COMMISSION need special assistance in gaining access to the Commission should contact the 10. Old Business [Investigation No. 332–538] a. Update on Gates of the Arctic Office of the Secretary at 202–205–2000. National Park and Preserve General Advice Concerning Possible Background: The Commission Management Plan Modifications to the U.S. Generalized published notice of institution of this b. Update on National Park Service System of Preferences, 2012 Review: investigation and a public hearing to be Local Hire Program Additions and Competitive Need held in connection therewith in the Limitation Waivers Federal Register on January 24, 2013 c. Update on Department of the (78 FR 5205). As stated in the January Interior Tribal Consultation Policies AGENCY: United States International 24, 2013, notice, the public hearing in 11. New Business Trade Commission. this investigation (concerning the 12. Federal Subsistence Board Update ACTION: Change in scope of remaining articles) will be held on 13. Alaska Boards of Fish and Game investigation. February 27, 2013. The deadline for Update filing post-hearing briefs and all other SUMMARY: Following receipt of a letter 14. National Park Service Reports written submissions in this from the United States Trade investigation (March 4, 2013) remains a. Ranger Update Representative (USTR) dated February the same as previously announced, as b. Resource Management Update 21, 2013, advising of the withdrawal of does the date for transmitting the c. Subsistence Manager’s Report several competitive need waiver Commission’s report to the USTR (April 15. Public and Other Agency Comments petitions, the U.S. International Trade 8, 2013). 16. Work Session Commission (Commission) has The USTR notified the Commission terminated its investigation with respect 17. Set Tentative Date and Location for that petitions requesting competitive to the articles subject to those Next Subsistence Resource need waivers for imports of the withdrawn petitions and will not Commission Meeting following articles have been withdrawn, provide advice with respect to those 18. Adjourn Meeting and that the request for Commission articles. For Further Information Contact advice accordingly is being withdrawn. Designated Federal Official: Greg ADDRESSES: All Commission offices, As a result, the Commission is Dudgeon, Superintendent, or Marcy including the Commission’s hearing terminating its investigation with Okada, Subsistence Manager, at (907) rooms, are located in the United States respect to the withdrawn articles and 457–5752 or Clarence Summers, International Trade Commission will not provide probable economic Subsistence Manager, at (907) 644–3603. Building, 500 E Street SW., Washington, effect advice regarding them: If you are interested in applying for DC. All written submissions should be Edible products of animal origin, not Gates of the Arctic National Park SRC addressed to the Secretary, United elsewhere specified or included (HTS membership, contact the States International Trade Commission, subheading 0410.00.00) from Indonesia; Superintendent at 4175 Geist Road, 500 E Street SW., Washington, DC Orchids: Cut flowers and flower buds Fairbanks, AK 99709, or visit the park 20436. The public record for this of a kind suitable for bouquets or for Web site at: http://www.nps.gov.gaar/ investigation may be viewed on the ornamental purposes, fresh, dried, dyed, contacts.htm. Commission’s electronic docket (EDIS) bleached, impregnated or otherwise at http://www.usitc.gov/secretary/ prepared (HTS subheading 0603.13.00) SUPPLEMENTARY INFORMATION: These edis.htm. from Thailand; meetings are open to the public and will Rice flour (HTS subheading have time allocated for public FOR FURTHER INFORMATION CONTACT: 1102.90.25) from Thailand; testimony. The public is welcome to Information specific to this investigation Food preparations not elsewhere present written or oral comments to the may be obtained from Alberto Goetzl, specified or included, not canned or SRC. The meetings will be recorded and Project Leader, Office of Industries frozen (HTS subheading 2106.90.99) meeting minutes will be available upon (202–205–3323 or from Thailand; request from the park superintendent for [email protected]), Katherine Porcelain or china (o/than bone china) public inspection approximately six Baldwin, Deputy Project Leader, Office household table and kitchenware in sets weeks after the meeting. Before of Industries (202–205–3396 or in which aggregate value of arts./US including your address, telephone [email protected]), or note 6(b) o/$56 n/o $200 (HTS number, email address, or other Cynthia B. Foreso, Technical Advisor, subheading 6911.10.37) from Indonesia.; personal identifying information in your Office of Industries (202–205–3348 or comment, you should be aware that [email protected]). For Ferrosilicon containing by weight your entire comment—including your information on the legal aspects of this more than 55% but not more than 80% personal identifying information—may investigation, contact William Gearhart of silicon, nesoi (HTS subheading be made publicly available at any time. of the Commission’s Office of the 7202.21.50) from Russia; While you can ask us in your comment General Counsel (202–205–3091 or Ferrosilicon manganese (HTS to withhold your personal identifying [email protected]). The media subheading 7202.30.00) from Georgia; information from public review, we should contact Margaret O’Laughlin, Stainless steel, not cast, flanges for cannot guarantee that we will be able to Office of External Relations (202–205– tubes/pipes, not forged or forged and do so. 1819 or [email protected]). machined, tooled and otherwise Hearing-impaired individuals may processed after forging (HTS subheading Dated: February 21, 2013. obtain information on this matter by 7307.21.50) from India; Debora R. Cooper, contacting the Commission’s TDD Iron or steel (o/than stainless), not Associate Regional Director, Resources and terminal at 202–205–1810. General cast, flanges for tubes/pipes, not forged Subsistence, Alaska Region. information concerning the Commission or forged and machined, tooled and [FR Doc. 2013–05173 Filed 3–5–13; 8:45 am] may also be obtained by accessing its processed after forging (HTS subheading BILLING CODE 4312–EF–P Web site (http://www.usitc.gov). Persons 7307.91.50) from India;

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Copper wire, coated or plated with By order of the Commission. submitted no later than thirty (30) days metal (HTS subheading 7408.29.10) Lisa R. Barton, after the publication date of this notice. from Thailand; and Acting Secretary to the Commission. Comments may be submitted either by Ice skates w/footwear permanently [FR Doc. 2013–05149 Filed 3–5–13; 8:45 am] email or by mail: attached (HTS subheading 9506.70.40) BILLING CODE 7020–02–P from Thailand. To submit Send them to: All other information in the January comments: 24, 2013, notice remains the same, DEPARTMENT OF JUSTICE By email ... pubcomment- including with respect to the procedures [email protected]. relating to the filing of written Notice of Lodging of Proposed By mail ..... Assistant Attorney General, U.S. submissions and the submission of Consent Decree Under the Clean Air DOJ–ENRD, P.O. Box 7611, confidential business information. Act Washington, DC 20044–7611. Issued: March 1, 2013. On February 28, 2013, the Department By order of the Commission. During the public comment period, of Justice lodged a proposed consent the consent decree may be examined Lisa R. Barton, decree with the United States District and downloaded at this Department of Acting Secretary to the Commission. Court for the Southern District of Justice Web site: http://www.usdoj.gov/ [FR Doc. 2013–05150 Filed 3–5–13; 8:45 am] Indiana in the lawsuit entitled United enrd/Consent_Decrees.html. We will BILLING CODE 7020–02–P States, et al. v. Countrymark Refining provide a paper copy of the consent and Logistics, LLC, Civil Action No. 13– decree upon written request and cv–00030–RLY–WGH. payment of reproduction costs. Please INTERNATIONAL TRADE In the Complaint, the United States mail your request and payment to: COMMISSION and the State of Indiana allege that Consent Decree Library, U.S. DOJ— [Investigation No. 731–TA–749 (Third Countrymark Refining and Logistics, ENRD, P.O. Box 7611, Washington, DC Review)] LLC (‘‘CountryMark’’) violated, at its 20044–7611. petroleum refinery in Mt. Vernon, Please enclose a check in the amount Persulfates From China; Correction to Indiana, various provisions of the Clean of $59.75 (25 cents per page Notice of institution Air Act, 42 U.S.C. 7401 et seq.; Ind. reproduction cost) payable to the United Code 13–13–5–1 and 13–13–5–2; the States Treasury. AGENCY: United States International Comprehensive Environmental Trade Commission. Response, Compensation and Liability Robert D. Brook, ACTION: Notice. Act, 42 U.S.C. 9609(c) and 9613(b); and Assistant Section Chief, Environmental the Emergency Planning and Enforcement Section, Environment and SUMMARY: In a notice published in the Community Right-To-Know Act, 42 Natural Resources Division. Federal Register on March 1, 2013 (78 [FR Doc. 2013–05113 Filed 3–5–13; 8:45 am] FR 13891), the Commission published a U.S.C. 11045(b)(3). Under the consent decree, BILLING CODE 4410–15–P notice of institution of a five-year CountryMark will implement innovative review concerning the antidumping pollution control technologies to reduce duty order on persulfates from China emissions of nitrogen oxides, sulfur DEPARTMENT OF JUSTICE with an incorrect effective date. dioxide, and particulate matter from Correction: The correct effective date Notice of Lodging of Proposed refinery process units. CountryMark is March 1, 2013. The Commission Consent Decree Under the Clean Air also agreed to limit the waste gases it hereby gives notice of the correction. Act sends to its flare through a ‘‘cap’’ on DATES: Effective Date: March 1, 2013. flaring. For waste gases that are flared, On February 27, 2013, the Department FOR FURTHER INFORMATION CONTACT: CountryMark will operate numerous of Justice lodged a proposed consent Mary Messer (202–205–3193), Office of monitoring systems and comply with decree with the United States District Investigations, U.S. International Trade several operating parameters to ensure Court for the District of Hawaii in the Commission, 500 E Street SW., that the flare adequately combusts the lawsuit entitled United States v. Waste Washington, DC 20436. Hearing- gases. In addition, CountryMark will Management of Hawaii, Inc., Civil impaired persons can obtain adopt facility-wide enhanced benzene Action No. CV 13 00095 RLP. information on this matter by contacting waste monitoring and fugitive emission In this action, the United States filed the Commission’s TDD terminal on 202– control programs. Finally, CountryMark a complaint under the Clean Air Act 205–1810. Persons with mobility will pay a civil penalty of $167,000 to alleging violations at the Waimanalo impairments who will need special the United States and implement a Gulch Municipal Solid Waste Landfill assistance in gaining access to the $70,000 Supplemental Environmental located on the island of Oahu in Hawaii. Commission should contact the Office Project to retrofit diesel school buses in The consent decree requires the County of the Secretary at 202–205–2000. the vicinity of the facility. CountryMark to implement injunctive relief including General information concerning the already funded a $111,000 State of conducting enhanced gas monitoring, Commission may also be obtained by Indiana project to remove asbestos from complying with interim wellhead gas accessing its internet server (http:// a grain elevator in Mt. Vernon, Indiana. temperature limits and implementing a www.usitc.gov). The public record for The publication of this notice opens Monitoring and Contingency Plan for this review may be viewed on the a period of public comment on the Elevated Temperatures. The consent Commission’s electronic docket (EDIS) consent decree. Comments should be decree also requires the County to pay at http://edis.usitc.gov. addressed to the Assistant Attorney a civil penalty of $1,100,000. Authority: This review is being conducted General, Environment and Natural The publication of this notice opens under authority of Title VII of the Tariff Act Resources Division, and should refer to a period for public comment on the of 1930; this notice is published pursuant to United States, et al. v. Countrymark consent decree. Comments should be section 207.61 of the Commission’s rules. Refining and Logistics, LLC, D.J. Ref. No. addressed to the Assistant Attorney Issued: March 1, 2013. 90–5–2–1–09311. All comments must be General, Environment and Natural

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Resources Division, and should refer to format, reporting burden (time and mines. In addition, it contained United States v. Waste Management of financial resources) is minimized, requirements for new and expanded Hawaii, D.J. Ref. No. 90–5–2–1–09044. collection instruments are clearly training, including evacuation drills; All comments must be submitted no understood, and the impact of collection self-contained self-rescuer (SCSR) later than thirty (30) days after the requirements on respondents can be storage, training, and use; and the publication date of this notice. properly assessed. Currently, the Mine installation and maintenance of lifelines Comments may be submitted either by Safety and Health Administration is in underground coal mines. email or by mail: soliciting comments concerning the II. Desired Focus of Comments extension of the information collection To submit for 30 CFR 48.3, Training plans; time of The Mine Safety and Health comments: Send them to: submission; where filed; information Administration (MSHA) is soliciting By email ... pubcomment- required; time for approval; method for comments concerning the proposed [email protected]. disapproval; commencement of training; extension of the information collection By mail ..... Assistant Attorney General, U.S. approval of instructors, 30 CFR 75.1502, related to emergency mine evacuation. DOJ—ENRD, P.O. Box 7611, Mine emergency evacuation and MSHA is particularly interested in Washington, DC 20044–7611. firefighting program of instruction, 30 comments that: CFR 75.1504, Mine emergency • Evaluate whether the collection of During the public comment period, evacuation training and drills, 30 CFR information is necessary for the proper the consent decree may be examined 75.1505, Escapeway maps, 30 CFR performance of the functions of the and downloaded at this Justice 75.1714–3, Self-rescue devices; agency, including whether the Department Web site: http:// inspection, testing, maintenance, repair, information has practical utility; www.usdoj.gov/enrd/ and recordkeeping, 30 CFR 75.1714–4, • Consent_Decrees.html. We will provide Storage of self-contained self-rescuers Evaluate the accuracy of the a paper copy of the consent decree upon (SCSRs) in hardened rooms, 30 CFR MSHA’s estimate of the burden of the written request and payment of 75.1714–5, Map locations of SCSRs, and collection of information, including the reproduction costs. Please mail your 30 CFR 75.1714–8, Reporting SCSR validity of the methodology and request and payment to: Consent Decree inventory and malfunctions; retention of assumptions used; Library, U.S. DOJ—ENRD, P.O. Box SCSRs. • Suggest methods to enhance the 7611, Washington, DC 20044–7611. DATES: All comments must be quality, utility, and clarity of the Please enclose a check or money order postmarked or received by midnight information to be collected; and for $11.00 (25 cents per page Eastern Standard Time on May 6, 2013. • Address the use of appropriate reproduction cost) payable to the United ADDRESSES: Comments concerning the automated, electronic, mechanical, or States Treasury for a version without information collection requirements of other technological collection appendices and $28.00 for a version this notice must be clearly identified techniques or other forms of information with appendices. with ‘‘OMB 1219–0141’’ and sent to the technology (e.g., permitting electronic submissions of responses), to minimize Henry Friedman, Mine Safety and Health Administration the burden of the collection of Assistant Section Chief, Environmental (MSHA). Comments may be sent by any of the methods listed below. information on those who are to Enforcement Section, Environment and • Natural Resources Division. Federal E-Rulemaking Portal: respond. [FR Doc. 2013–05078 Filed 3–5–13; 8:45 am] http://www.regulations.gov. Follow the The public may examine publicly on-line instructions for submitting BILLING CODE 4410–15–P available documents, including the comments. public comment version of the • Facsimile: 202–693–9441, include supporting statement, at MSHA, Office ‘‘OMB 1219–0141’’ in the subject line of DEPARTMENT OF LABOR of Standards, Regulations, and the message. Variances, 1100 Wilson Boulevard, • Mine Safety and Health Administration Regular Mail or Hand Delivery: Room 2350, Arlington, VA 22209–3939. MSHA, Office of Standards, OMB clearance requests are available on [OMB Control No. 1219–0141] Regulations, and Variances, 1100 MSHA’s Web site at http:// Wilson Boulevard, Room 2350, Proposed Extension of Existing www.msha.gov under ‘‘Federal Register Arlington, VA 22209–3939. For hand Documents’’ on the right side of the Information Collection; Emergency delivery, sign in at the receptionist’s Mine Evacuation screen by selecting New and Existing desk on the 21st floor. Information Collections and Supporting AGENCY: Mine Safety and Health FOR FURTHER INFORMATION CONTACT: Greg Statements. The document will be Administration, Labor. Moxness, Chief, Economic Analysis available on MSHA’s Web site for 60 ACTION: Request for public comments. Division, Office of Standards, days after the publication date of this Regulations, and Variances, MSHA, at notice. Comments submitted in writing SUMMARY: The Department of Labor, as [email protected] (email); 202– or in electronic form will be made part of its continuing effort to reduce 693–9440 (voice); or 202–693–9441 available for public inspection. Because paperwork and respondent burden, (facsimile). comments will not be edited to remove conducts a pre-clearance consultation SUPPLEMENTARY INFORMATION: any identifying or contact information, program to provide the general public MSHA cautions the commenter against and Federal agencies with an I. Background including any information in the opportunity to comment on proposed The Mine Safety and Health submission that should not be publicly and continuing collections of Administration (MSHA) issued a final disclosed. Questions about the information in accordance with the rule addressing emergency mine information collection requirements Paperwork Reduction Act of 1995. This evacuation in 2006. This regulation may be directed to the person listed in program helps to assure that requested included requirements for immediate the FOR FURTHER INFORMATION CONTACT data can be provided in the desired accident notification applicable to all section of this notice.

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III. Current Actions Sunshine Act (5 U.S.C. 552b), hereby Implant Brachytherapy programs; (3) The information obtained from mine gives notice in regard to the scheduling medical-related events from fiscal year operators is used by MSHA during of a teleconference for the transaction of 2012; (4) an update on the 10 CFR Part inspections to determine compliance National Science Board business and 35 Rulemaking; (5) a discussion on the with safety and health standards. MSHA other matters specified, as follows: draft guidance for the 10 CFR Part 35 has updated the data in respect to the DATE AND TIME: Thursday, March 14, Rulemaking; (6) an overview of the number of respondents and responses, 2013, 4:00 p.m.–5:00 p.m. EDT. NNSA’s efforts to minimize the use of as well as the total burden hours and SUBJECT MATTER: Discussion of data highly enriched uranium in burden costs supporting this collection and outreach and the Office molybdenum-99 production; (7) an information collection extension of Management and Budget’s recent overview of the 2013 reimbursement request. proposed guidance for Federal awards. policy for non-HEU produced medical isotopes and (8) the Abnormal MSHA does not intend to publish the STATUS: Open. results from this information collection Occurrence Subcommittee Report. The LOCATION: This meeting will be held by and is not seeking approval to either agenda is subject to change. The current teleconference at the National Science display or not display the expiration agenda and any updates will be Board Office, National Science date for the OMB approval of this available at http://www.nrc.gov/reading- Foundation, 4201Wilson Blvd., information collection. rm/doc-collections/acmui/agenda or by Arlington, VA 22230. A public listening There are no certification exceptions emailing Ms. Sophie Holiday at the room will be available for this identified with this information contact information below. teleconference meeting. All visitors collection and the collection of this Purpose: Discuss issues related to 10 must contact the Board Office (call 703– information does not employ statistical CFR Part 35 Medical Use of Byproduct 292–7000 or send an email message to methods. Material. [email protected]) at least 24 Date and Time for Closed Session: Summary hours prior to the teleconference for the April 15, 2013, from 8:00 a.m. to 9:30 Type of Review: Extension. public listening room number and to a.m. This session will be closed for Agency: Mine Safety and Health arrange for a visitor’s badge. All visitors ACMUI training. Administration. must report to the NSF visitor desk Date and Time for Open Sessions: Title: Emergency Mine Evacuation. located in the lobby at the 9th and N. April 15, 2013, from 9:30 a.m. to 5:00 OMB Number: 1219–0141. Stuart Streets entrance on the day of the p.m. and April 16, 2013, from 8:00 a.m. Affected Public: Business or other for- teleconference to receive a visitor’s to 2:30 p.m. profit. badge. Address for Public Meeting: U.S. Cite/Reference/Form/etc: 30 CFR 48.3, UPDATES AND POINT OF CONTACT: Please Nuclear Regulatory Commission, Two 30 CFR 75.1502, 30 CFR 75.1504, 30 refer to the National Science Board Web White Flint North Building, Room T2– CFR 75.1505, 30 CFR 75.1714–3, 30 CFR site www.nsf.gov/nsb for additional B3, 11545 Rockville Pike, Rockville, 75.1714–4, 30 CFR 75.1714–5, 30 CFR information and schedule updates (time, Maryland 20852. 75.1714–8, and MSHA Form 2000–222. place, subject matter or status of Public Participation: Any member of Total Number of Respondents: 361. meeting) may be found at http:// the public who wishes to participate in Frequency: Various. www.nsf.gov/nsb/notices/. Point of the meeting in person or via phone Total Number of Responses: contact for this meeting is: John Veysey, should contact Ms. Holiday using the 1,140,325. National Science Board Office, information below. The meeting will Total Burden Hours: 450,840 hours. 4201Wilson Blvd., Arlington, VA 22230. also be webcast live: video.nrc.gov. Total Other Annual Cost Burden: Telephone: (703) 292–7000. Contact Information: Sophie J. $73,440. Holiday, email: [email protected], Comments submitted in response to Ann Bushmiller, telephone: (301) 415–7865. Senior Counsel to the National Science Board. this notice will be summarized and Conduct of the Meeting included in the request for Office of [FR Doc. 2013–05300 Filed 3–4–13; 4:15 pm] Management and Budget approval of the BILLING CODE 7555–01–P Leon S. Malmud, M.D., will chair the information collection request; they will meeting. Dr. Malmud will conduct the also become a matter of public record. meeting in a manner that will facilitate the orderly conduct of business. The Authority: 44 U.S.C. 3506(c)(2)(A). NUCLEAR REGULATORY COMMISSION following procedures apply to public Dated: March 1st, 2013. participation in the meeting: George F. Triebsch, Advisory Committee on the Medical 1. Persons who wish to provide a Certifying Officer. Uses of Isotopes: Meeting Notice written statement should submit an [FR Doc. 2013–05159 Filed 3–5–13; 8:45 am] electronic copy to Ms. Holiday at the AGENCY: U.S. Nuclear Regulatory BILLING CODE 4510–43–P contact information listed above. All Commission. submittals must be received by April 8, ACTION: Notice of Meeting. 2013, and must pertain to the topic on the agenda for the meeting. NATIONAL SCIENCE FOUNDATION SUMMARY: NRC will convene a meeting 2. Questions and comments from National Science Board; Sunshine Act of the Advisory Committee on the members of the public will be permitted Meetings Medical Uses of Isotopes (ACMUI) on during the meeting, at the discretion of April 15–16, 2013. A sample of agenda the Chairman. The National Science Board’s Task items to be discussed during the public 3. The draft transcript will be Force on Administrative Burdens, session includes: (1) An update on the available on ACMUI’s Web site (http:// pursuant to NSF regulations (45 CFR status of the Commission Paper on data www.nrc.gov/reading-rm/doc- part 614), the National Science collection for Patient Release; (2) an collections/acmui/tr/) on or about May Foundation Act, as amended (42 U.S.C. update on the proposed interim 17, 2013. A meeting summary will be 1862n–5), and the Government in the enforcement policy for Permanent available on ACMUI’s Web site (http://

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www.nrc.gov/reading-rm/doc- service on applicants, in the form of an limits of section 12(d)(1)(B) of the Act.1 collections/acmui/meeting-summaries/) affidavit or, for lawyers, a certificate of Applicants also request an order under on or about May 28, 2013. service. Hearing requests should state sections 6(c) and 17(b) of the Act to 4. Persons who require special the nature of the writer’s interest, the exempt applicants from section 17(a) to services, such as those for the hearing reason for the request, and the issues the extent necessary to permit a Fund to impaired, should notify Ms. Holiday of contested. Persons who wish to be sell its shares to and redeem its shares their planned attendance. notified of a hearing may request from an Investing Fund.2 This meeting will be held in notification by writing to the 3. Each Investing Fund will be accordance with the Atomic Energy Act Commission’s Secretary. advised by an ‘‘investment adviser,’’ of 1954, as amended (primarily Section within the meaning of section ADDRESSES: Elizabeth M. Murphy, 161a); the Federal Advisory Committee 2(a)(20)(A) of the Act, and such adviser Secretary, U.S. Securities and Exchange Act (5 U.S.C. App); and the will be registered as an investment Commission, 100 F Street NE., Commission’s regulations in Title 10, adviser under the Advisers Act (each, an Washington, DC 20549–1090; U.S. Code of Federal Regulations, Part 7. ‘‘Investing Fund Adviser’’). Some Applicants, 101 California Street, 16th Investing Funds may also be advised by Dated: February 28, 2013. Floor, San Francisco, CA 94111. Andrew L. Bates, an investment adviser that meets the FOR FURTHER INFORMATION CONTACT: Advisory Committee Management Officer. definition of section 2(a)(20)(B) of the Christine Y. Greenlees, Senior Counsel, Act (each, an ‘‘Investing Fund [FR Doc. 2013–05168 Filed 3–5–13; 8:45 am] at (202) 551–6879, or David P. Bartels, Subadviser’’). BILLING CODE 7590–01–P Branch Chief, at (202) 551–6821 (Division of Investment Management, Applicants’ Legal Analysis Office of Investment Company A. Section 12(d)(1) SECURITIES AND EXCHANGE Regulation). COMMISSION 1. Section 12(d)(1)(A) of the Act, in SUPPLEMENTARY INFORMATION: The relevant part, prohibits a registered [Investment Company Act Release No. investment company from acquiring 30411; 812–14043] following is a summary of the application. The complete application shares of an investment company if the Forward Funds, et al.; Notice of may be obtained via the Commission’s securities represent more than 3% of the Application Web site by searching for the file total outstanding voting stock of the number, or for an applicant using the acquired company, more than 5% of the February 28, 2013. Company name box, at http:// total assets of the acquiring company, AGENCY: Securities and Exchange www.sec.gov/search/search.htm, or by or, together with the securities of any Commission (‘‘Commission’’). calling (202) 551–8090. other investment companies, more than ACTION: 10% of the total assets of the acquiring Notice of an application for an Applicants’ Representations order under section 12(d)(1)(J) of the company. Section 12(d)(1)(B) of the Act Investment Company Act of 1940 (the 1. The Trust is an open-end prohibits a registered open-end ‘‘Act’’) for exemption from sections management investment company investment company, its principal 12(d)(1)(A) and (B) of the Act and under registered under the Act and organized underwriter, and any Broker from sections 6(c) and 17(b) of the Act for an as a Delaware statutory trust. The Trust knowingly selling the investment exemption from section 17(a) of the Act. is comprised of separate series (each a company’s shares to another investment ‘‘Fund’’ and collectively, the ‘‘Funds’’). company if the sale will cause the Summary of the Application: The The Adviser is registered as an acquiring company to own more than order would permit certain open-end investment adviser under the 3% of the acquired company’s total management investment companies Investment Advisers Act of 1940 outstanding voting stock, or if the sale registered under the Act to acquire (‘‘Advisers Act’’) and serves as will cause more than 10% of the shares of certain open-end management investment adviser for each of the acquired company’s total outstanding investment companies registered under Funds. The Distributor is registered as a voting stock to be owned by investment the Act that are outside of the same broker dealer under the Securities companies generally. group of investment companies as the Exchange Act of 1934 (the ‘‘Exchange 2. Section 12(d)(1)(J) of the Act acquiring investment companies. Act’’) and serves as the Funds’ provides that the Commission may Applicants: Forward Funds (the distributor. Both the Adviser and the ‘‘Trust’’), Forward Management, LLC 1 All entities that currently intend to rely on the Distributor are Delaware limited (the ‘‘Adviser’’), and Forward Securities, requested order are named as applicants. Any other liability companies. LLC (the ‘‘Distributor’’). entity that relies on the order in the future will 2. Applicants request an order to comply with the terms and conditions of the Filing Dates: The application was application. Certain of the Funds created in the filed on June 11, 2012, and amended on permit (a) registered open-end future may be registered under the Act as open-end September 28, 2012, December 19, 2012, management investment companies (the management investment companies and may have and February 6, 2013. ‘‘Investing Funds’’) that are not part of received exemptive relief to permit their shares to the same ‘‘group of investment be listed and traded on a national securities Hearing or Notification of Hearing: An exchange at negotiated prices (‘‘ETFs’’). order granting the application will be companies,’’ within the meaning of 2 Applicants request that the relief apply to: (1) issued unless the Commission orders a section 12(d)(1)(G)(ii) of the Act, as the Each registered open-end management investment hearing. Interested persons may request Trust, to acquire shares of the Funds in company or series thereof that currently or excess of the limits in section subsequently is part of the same ‘‘group of a hearing by writing to the investment companies,’’ within the meaning of Commission’s Secretary and serving 12(d)(1)(A) of the Act, and (b) the section 12(d)(1)(G)(ii) of the Act, as the Trust and applicants with a copy of the request, Funds, any principal underwriter for a is advised by the Adviser (included in the term personally or by mail. Hearing requests Fund, and any broker or dealer ‘‘Funds’’); (2) each Investing Fund that enters into registered under the Exchange Act a Participation Agreement (as defined below) with should be received by the Commission a Fund to purchase shares of the Fund; and (3) any by 5:30 p.m. on March 25, 2013, and (‘‘Broker’’) to sell shares of the Funds to principal underwriter to a Fund or Broker (as should be accompanied by proof of the Investing Funds in excess of the defined below) selling shares of a Fund.

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exempt any person, security, or or Investing Fund Affiliate (except to received from a Fund by the Investing transaction, or any class or classes of the extent it is acting in its capacity as Fund Adviser, or an affiliated person of persons, securities or transactions, from an investment adviser to a Fund) will the Investing Fund Adviser, other than any provision of section 12(d)(1) if the cause a Fund to purchase a security in any advisory fees paid to the Investing exemption is consistent with the public an offering of securities during the Fund Adviser or its affiliated person by interest and the protection of investors. existence of any underwriting or selling the Fund, in connection with the Applicants seek an exemption under syndicate of which a principal investment by the Investing Fund in the section 12(d)(1)(J) of the Act to permit underwriter is an Underwriting Affiliate Fund. Any sales charges and/or service Investing Funds to acquire shares of the (‘‘Affiliated Underwriting’’).6 fees charged with respect to shares of an Funds in excess of the limits in section 5. To ensure that the Investing Funds Investing Fund will not exceed the 12(d)(1)(A), and a Fund, any principal comply with the terms and conditions limits applicable to a fund of funds as underwriter for a Fund and any Broker of the requested relief, prior to an set forth in Rule 2830 of the Conduct to sell shares of a Fund to an Investing Investing Fund’s investment in the Rules of the NASD (‘‘NASD Conduct Fund in excess of the limits in section shares of a Fund in excess of the limit Rule 2830’’).9 12(d)(1)(B) of the Act. in section 12(d)(1)(A) of the Act, the 7. Applicants submit that the 3. Applicants state that the proposed Investing Fund and the Fund will proposed arrangement will not create an arrangement will not give rise to the execute an agreement stating, without overly complex fund structure. policy concerns underlying sections limitation, that their Boards (as defined Applicants note that no Fund will 12(d)(1)(A) and (B), which include below) and their investment advisers acquire securities of any investment concerns about undue influence by a understand the terms and conditions of company or company relying on section fund of funds over underlying funds, the order and agree to fulfill their 3(c)(1) or 3(c)(7) of the Act in excess of excessive layering of fees, and overly responsibilities under the order the limits contained in section complex fund structures. Accordingly, (‘‘Participation Agreement’’).7 12(d)(1)(A) of the Act, except in certain applicants believe that the requested Applicants note that each of the Funds circumstances identified in condition 12 exemption is consistent with the public (other than an ETF whose shares are below. interest and the protection of investors. purchased by an Investing Fund in the B. Section 17(a) 4. Applicants believe that the secondary market) will retain its right at proposed arrangement will not result in all times to reject any investment by an 1. Section 17(a) of the Act generally the exercise of undue influence by an Investing Fund.8 prohibits sales or purchases of securities Investing Fund or an Investing Fund 6. Applicants state that they do not between a registered investment Affiliate over the Funds.3 To limit the believe that the proposed arrangement company and any affiliated person of control that an Investing Fund may have will involve excessive layering of fees. the company. Section 2(a)(3) of the Act over a Fund, applicants propose a The Board of each Investing Fund, defines an ‘‘affiliated person’’ of another condition prohibiting the Investing including a majority of the directors or person to include (a) any person directly Fund’s Advisory Group from controlling trustees who are not ‘‘interested or indirectly owning, controlling, or (individually or in the aggregate) a Fund persons’’ (within the meaning of section holding with power to vote, 5% or more within the meaning of section 2(a)(9) of 2(a)(19) of the Act) (‘‘Disinterested of the outstanding voting securities of 4 the Act. The same prohibition would Directors’’), will find that the advisory the other person; (b) any person 5% or apply to any Investing Fund’s fees charged under investment advisory more of whose outstanding voting 5 Subadvisory Group. Applicants contract(s) are based on services securities are directly or indirectly propose other conditions to limit the provided that will be in addition to, owned, controlled, or held with power potential for undue influence over the rather than duplicative of, the services to vote by the other person; and (c) any Funds, including that no Investing Fund provided under the advisory contract(s) person directly or indirectly controlling, of any Fund in which the Investing controlled by, or under common control 3 An ‘‘Investing Fund Affiliate’’ is the Investing Fund Adviser, any Investing Fund Subadviser, Fund may invest. In addition, the with the other person. promoter or principal underwriter of an Investing Investing Fund Adviser will waive fees 2. Applicants state that an Investing Fund, as well as any person controlling, controlled otherwise payable to it by an Investing Fund and a Fund might be deemed to by, or under common control with any of those Fund in an amount at least equal to any be affiliated persons of one another if entities. A ‘‘Fund Affiliate’’ is an investment adviser, sponsor, promoter, or principal compensation (including fees received the Investing Fund acquires 5% or more underwriter of a Fund, as well as any person pursuant to any plan adopted by a Fund of a Fund’s outstanding voting controlling, controlled by, or under common under rule 12b–1 under the Act) securities. Accordingly, section 17(a) control with any of those entities. could prevent a Fund from selling 4 An ‘‘Investing Fund’s Advisory Group’’ is the 6 Investing Fund Adviser, any person controlling, An ‘‘Underwriting Affiliate’’ is a principal shares to and redeeming shares from an controlled by or under common control with the underwriter in any underwriting or selling Investing Fund. Investing Fund Adviser, and any investment syndicate that is an officer, director, trustee, 3. Section 17(b) of the Act authorizes company or issuer that would be an investment advisory board member, Investing Fund Adviser, the Commission to grant an order company but for section 3(c)(1) or 3(c)(7) of the Act Investing Fund Subadviser, or employee of the that is advised or sponsored by the Investing Fund Investing Fund, or a person of which any such permitting a transaction otherwise Adviser or any person controlling, controlled by or officer, director, trustee, advisory board member, prohibited by section 17(a) if it finds under common control with the Investing Fund Investing Fund Adviser, Investing Fund Subadviser, that (a) the terms of the proposed Adviser. or employee is an affiliated person. An Underwriting Affiliate does not include any person transaction are fair and reasonable and 5 An ‘‘Investing Fund’s Subadvisory Group’’ is an do not involve overreaching on the part Investing Fund Subadviser, any person controlling, whose relationship to the Fund is covered by controlled by or under common control with the section 10(f) of the Act. of any person concerned; (b) the Investing Fund Subadviser, and any investment 7 The board of directors or trustees, as applicable, proposed transaction is consistent with company or issuer that would be an investment of a specified entity is referred to herein as a the policies of each registered company but for section 3(c)(1) or 3(c)(7) of the Act ‘‘Board.’’ (or portion of such investment company or issuer) 8 A Fund, including an ETF, would retain its right investment company involved; and (c) advised or sponsored by the Investing Fund to reject any initial investment by an Investing Subadviser or any person controlling, controlled by Fund in excess of the limit in section 12(d)(1)(A)(i) 9 Any references to NASD Conduct Rule 2830 or under common control with the Investing Fund of the Act by declining to execute the Participation include any successor or replacement FINRA rule Subadviser. Agreement with the Investing Fund. to NASD Conduct Rule 2830.

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the proposed transaction is consistent its shares of the Fund in the same Underwriting once an investment by an with the general purposes of the Act. proportion as the vote of all other Investing Fund in the securities of the Section 6(c) of the Act permits the holders of the Fund’s shares. This Fund exceeds the limit of section Commission to exempt any persons or condition does not apply to the 12(d)(1)(A)(i) of the Act, including any transactions from any provision of the Investing Fund’s Subadvisory Group purchases made directly from an Act if such exemption is necessary or with respect to a Fund for which the Underwriting Affiliate. The Board of the appropriate in the public interest and Investing Fund Subadviser or a person Fund will review these purchases consistent with the protection of controlling, controlled by, or under periodically, but no less frequently than investors and the purposes fairly common control with the Investing annually, to determine whether the intended by the policy and provisions of Fund Subadviser acts as the investment purchases were influenced by the the Act. adviser within the meaning of section investment by the Investing Fund in 4. Applicants submit that the 2(a)(20)(A) of the Act. shares of the Fund. The Board will proposed transactions satisfy the 2. No Investing Fund or Investing consider, among other things, (i) standards for relief under sections 17(b) Fund Affiliate will cause any existing or whether the purchases were consistent and 6(c) of the Act.10 Applicants state potential investment by the Investing with the investment objectives and that the terms of the transactions are Fund in shares of a Fund to influence policies of the Fund; (ii) how the reasonable and fair and do not involve the terms of any services or transactions performance of securities purchased in overreaching. Applicants state that the between the Investing Fund or an an Affiliated Underwriting compares to terms upon which a Fund will sell its Investing Fund Affiliate and the Fund or the performance of comparable shares to or purchase its shares from an a Fund Affiliate. securities purchased during a Investing Fund will be based on the net 3. The Board of an Investing Fund, comparable period of time in asset value of the Fund.11 Applicants including a majority of the Disinterested underwritings other than Affiliated state that the proposed transactions will Directors, will adopt procedures Underwritings or to a benchmark such be consistent with the policies of each reasonably designed to ensure that the as a comparable market index; and (iii) Investing Fund and each Fund and with Investing Fund Adviser and any whether the amount of securities the general purposes of the Act. Investing Fund Subadviser(s) are purchased by the Fund in Affiliated conducting the investment program of Underwritings and the amount Applicants’ Conditions the Investing Fund without taking into purchased directly from an Applicants agree that the relief to account any consideration received by Underwriting Affiliate have changed permit Investing Funds to invest in the Investing Fund or an Investing Fund significantly from prior years. The Funds shall be subject to the following Affiliate from a Fund or a Fund Affiliate Board will take any appropriate actions conditions: in connection with any services or based on its review, including, if 1. The members of an Investing transactions. appropriate, the institution of Fund’s Advisory Group will not control 4. Once an investment by an Investing procedures designed to ensure that (individually or in the aggregate) a Fund Fund in the securities of a Fund exceeds purchases of securities in Affiliated within the meaning of section 2(a)(9) of the limit in section 12(d)(1)(A)(i) of the Underwritings are in the best interest of the Act. The members of an Investing Act, the Board of the Fund, including a shareholders. Fund’s Subadvisory Group will not majority of the Disinterested Directors, 7. Each Fund will maintain and control (individually or in the aggregate) will determine that any consideration preserve permanently in an easily a Fund within the meaning of section paid by the Fund to the Investing Fund accessible place a written copy of the 2(a)(9) of the Act. If, as a result of a or an Investing Fund Affiliate in procedures described in the preceding decrease in the outstanding voting connection with any services or condition, and any modifications to securities of a Fund, the Investing transactions: (a) Is fair and reasonable in such procedures, and will maintain and Fund’s Advisory Group or the Investing relation to the nature and quality of the preserve for a period of not less than six Fund’s Subadvisory Group, each in the services and benefits received by the years from the end of the fiscal year in aggregate, becomes a holder of more Fund; (b) is within the range of which any purchase in an Affiliated than 25 percent of the outstanding consideration that the Fund would be Underwriting occurred, the first two voting securities of a Fund, it will vote required to pay to another unaffiliated years in an easily accessible place, a entity in connection with the same written record of each purchase of 10 Applicants acknowledge that receipt of any services or transactions; and (c) does not securities in Affiliated Underwritings compensation by (a) an affiliated person of an involve overreaching on the part of any once an investment by an Investing Investing Fund, or an affiliated person of such person concerned. This condition does Fund in the securities of a Fund exceeds person, for the purchase by an Investing Fund of not apply with respect to any services the limit in section 12(d)(1)(A)(i) of the shares of a Fund or (b) an affiliated person of a Fund, or an affiliated person of such person, for the or transactions between a Fund and its Act, setting forth from whom the sale by the Fund of its shares to an Investing Fund investment adviser(s) or any person securities were acquired, the identity of may be prohibited by section 17(e)(1) of the Act. controlling, controlled by, or under the underwriting syndicate’s members, The Participation Agreement also will include this common control with such investment the terms of the purchase, and the acknowledgement. adviser(s). information or materials upon which 11 Applicants note that an Investing Fund generally would purchase and sell shares of a Fund 5. No Investing Fund or Investing the Board’s determinations were made. that operates as an ETF through secondary market Fund Affiliate (except to the extent it is 8. Before investing in shares of a Fund transactions rather than through principal acting in its capacity as an investment in excess of the limits in section transactions with the Fund. The requested relief is adviser to a Fund) will cause a Fund to 12(d)(1)(A), each Investing Fund and intended to cover, however, transactions directly between Funds and Investing Funds. Applicants are purchase a security in any Affiliated Fund will execute a Participation not seeking relief from section 17(a) for, and the Underwriting. Agreement stating, without limitation, requested relief will not apply to, transactions 6. The Board of a Fund, including a that their Boards and their investment where an ETF could be deemed an affiliated person, majority of the Disinterested Directors, advisers understand the terms and or an affiliated person of an affiliated person of an Investing Fund because an investment adviser to will adopt procedures reasonably conditions of the order and agree to the ETF is also an investment adviser to the designed to monitor any purchases of fulfill their responsibilities under the Investing Fund. securities by the Fund in an Affiliated order. At the time of its investment in

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shares of a Fund in excess of the limit limits applicable to a fund of funds as While changes to the Fee Schedule in section 12(d)(1)(A)(i), an Investing set forth in NASD Conduct Rule 2830. pursuant to this proposal are effective Fund will notify the Fund of the 12. No Fund will acquire securities of upon filing, the Exchange has investment. At such time, the Investing any investment company or company designated these changes to be operative Fund will also transmit to the Fund a relying on section 3(c)(1) or 3(c)(7) of on March 1, 2013. The Exchange will list of the names of each Investing Fund the Act in excess of the limits contained begin trading Options on Treasury Affiliate and Underwriting Affiliate. The in section 12(d)(1)(A) of the Act, except Securities on February 19, 2013. From Investing Fund will notify the Fund of to the extent permitted by exemptive February 19, 2013 through February 28, any changes to the list of the names as relief from the Commission permitting 2013, the fees and rebates proposed soon as reasonably practicable after a the Fund to purchase shares of other herein will not be applicable. Exchange change occurs. The Fund and the investment companies for short-term members and member organizations Investing Fund will maintain and cash management purposes. will be assessed $0.00 Options preserve a copy of the order, the For the Commission, by the Division of Transaction Charges and will receive Participation Agreement, and the list Investment Management, pursuant to $0.00 Options Transactions Rebates. with any updated information for the delegated authority. The text of the proposed rule change duration of the investment and for a Kevin O’Neill, is provided in Exhibit 5. The text of the period of not less than six years Deputy Secretary. proposed rule change is also available thereafter, the first two years in an [FR Doc. 2013–05167 Filed 3–5–13; 8:45 am] easily accessible place. on the Exchange’s Web site at http:// BILLING CODE 8011–01–P 9. Prior to approving any advisory nasdaqomxphlx.cchwallstreet.com/, at contract under section 15 of the Act, the the principal office of the Exchange, and Board of each Investing Fund, including SECURITIES AND EXCHANGE at the Commission’s Public Reference a majority of the Disinterested Directors, COMMISSION Room. will find that the advisory fees charged II. Self-Regulatory Organization’s under such advisory contracts are based [Release No. 34–69005; File No. SR–Phlx– 2013–16] Statement of the Purpose of, and the on services provided that will be in Statutory Basis for, the Proposed Rule addition to, rather than duplicative of, Self-Regulatory Organizations; Change the services provided under the NASDAQ OMX PHLX LLC; Notice of advisory contract(s) of any Fund in Filing and Immediate Effectiveness of In its filing with the Commission, the which the Investing Fund may invest. Proposed Rule Change To Establish Exchange included statements These findings and their basis will be Transaction Fees for Options on concerning the purpose of and basis for recorded fully in the minute books of Treasury Securities the proposed rule change and discussed the appropriate Investing Fund. any comments it received on the 10. An Investing Fund Adviser will February 28, 2013. proposed rule change. The text of these waive fees otherwise payable to it by the Pursuant to Section 19(b)(1) of the statements may be examined at the Investing Fund in an amount at least Securities Exchange Act of 1934 places specified in Item IV below. The 1 2 equal to any compensation (including (‘‘Act’’) and Rule 19b–4 thereunder, Exchange has prepared summaries, set fees received pursuant to a plan adopted notice is hereby given that on February forth in sections A, B, and C below, of by a Fund under Rule 12b–1 under the 19, 2013, NASDAQ OMX PHLX LLC the most significant aspects of such Act) received from a Fund by the (‘‘Phlx’’ or ‘‘Exchange’’) filed with the statements. Investing Fund Adviser, or an affiliated Securities and Exchange Commission person of the Investing Fund Adviser, (‘‘SEC’’ or ‘‘Commission’’) the proposed A. Self-Regulatory Organization’s other than any advisory fees paid to the rule change as described in Items I, II, Statement of the Purpose of, and the Investing Fund Adviser or its affiliated and III, below, which Items have been Statutory Basis for, the Proposed Rule person by the Fund, in connection with prepared by the Exchange. The Change the investment by the Investing Fund in Commission is publishing this notice to the Fund. Any Investing Fund solicit comments on the proposed rule 1. Purpose Subadviser will waive fees otherwise change from interested persons. The purpose of the proposed rule payable to the Investing Fund I. Self-Regulatory Organization’s change is to create new fees titled Subadviser, directly or indirectly, by the Statement of the Terms of the Substance ‘‘Options on Treasury Securities’’ to Investing Fund in an amount at least of the Proposed Rule Change support options overlying certain equal to any compensation received The Exchange proposes to amend its treasury securities (‘‘Options on from a Fund by the Investing Fund Treasury Securities’’),4 as well as to Subadviser, or an affiliated person of the Fee Schedule to create fees for options on Treasury securities.3 offer to discounted pricing to Customers Investing Fund Subadviser, other than and Specialists and Market Makers and any advisory fees paid to the Investing 1 rebates to Specialists and Market Fund Subadviser or its affiliated person 15 U.S.C. 78s(b)(1). 2 Makers to encourage these market by the Fund, in connection with the 17 CFR 240.19b–4. 3 Subsection (a)(1) of proposed Rule 1001D states participants to trade Options on investment by the Investing Fund in the that the term ‘‘Treasury securities’’ (also known as Treasury Securities. Fund made at the direction of the Treasury debt securities) means a bond or note or Investing Fund Subadviser. In the event other evidence of indebtedness that is a direct The Options on Treasury Securities that the Investing Fund Subadviser obligation of, or an obligation guaranteed as to will trade on the Exchange as a Singly principal or interest by, the United States or a waives fees, the benefit of the waiver corporation in which the United States has a direct will be passed through to the Investing or indirect interest (except debt securities department or agency involved (e.g., a ‘‘Treasury Fund. guaranteed as to timely payment of principal and security’’ is a debt instrument that is issued by the interest by the Government National Mortgage United States Treasury). 11. Any sales charges and/or service Association). Securities issued or guaranteed by 4 See Securities Exchange Release Act No. 67976 fees charged with respect to shares of an individual departments or agencies of the United (October 4, 2012), 77 FR 61794 (October 11, 2012) Investing Fund will not exceed the States are sometimes referred to by the title of the (SR–Phlx–2012–105) (approval order).

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Listed Option.5 The Exchange proposes Options.’’ 6 Specifically, the Exchange is participants to trade Options on to add these fees to Section III of the Fee proposing to assess the following per Treasury Securities: Schedule titled ‘‘Singly Listed contract fees and rebates on market

Specialist and Broker- Customer Professional market maker Firm Dealer

Options Transaction Rebate—Electronic ...... N/A N/A $0.05 N/A N/A Options Transaction Charge—Electronic ...... $0.15 $0.20 N/A $0.20 $0.20 Options Transaction Charge—Floor12 7 ...... 0.15 0.20 0.10 0.20 0.20

The Exchange believes that the $0.05 2. Statutory Basis The Exchange has previously stated rebate per contract for electronic that it incurs higher costs for Singly Options Transactions for Specialists and The Exchange believes that its Listed options as compared to Multiply Market Makers should encourage them proposal to amend its Fee Schedule is Listed options.12 The Chicago Board 9 to offer options on treasury securities to consistent with Section 6(b) of the Act Options Exchange, Incorporated their customers. in general, and furthers the objectives of (‘‘CBOE’’) noted in a comment letter Sections 6(b)(4) and 6(b)(5) of the Act 10 dated June 21, 2010, that CBOE relies The charge for Options Transactions in particular, in that it is an equitable upon fees to recoup licensing costs per contract, both electronic and floor, allocation of reasonable fees and other incurred on options products that use will be $0.15 for Customers and $0.20 charges among Exchange members and third-party proprietary indexes as 8 for Professionals, Firms and Broker- other persons using its facilities. benchmarks (such as the S&P 500®), and Dealers. Specialists and Market Makers The Exchange believes that the to generate returns on its investments will not be charged for electronic proposed fees for Options on Treasury for its own popular proprietary products ® Options Transactions, but charged $0.10 Securities are equitable, reasonable and (such as The CBOE Volatility Index ® for floor Options Transactions. not unfairly discriminatory because the (‘‘VIX ’’) Options).13 The Exchange However, for all market participants Exchange is seeking to recoup the agrees with CBOE’s position and while floor Options Transaction charges will operational and development costs the Exchange continues to assert that apply to the first 500 contracts only, associated with the Options on Treasury Singly Listed products incur higher meaning that each additional contract Securities product, a proprietary costs and therefore market participants will not be assessed a floor options product of the Exchange, while also should be assessed higher fees as transaction charge. This volume encouraging members and member compared to Multiply Listed products, discount on trading Options on organizations to trade Options on the Exchange is proposing to offer a Treasury Securities will serve to Treasury Securities by assessing a floor volume discount, as a means to promote 14 increase order flow, which, in turn, will options transaction charge that will this new infant product. provide increased liquidity to the apply only to the first 500 contracts and, The Exchange believes that the market and benefit all participants. thereafter, each additional contract will proposed fees for Options on Treasury While changes to the Fee Schedule not be assessed an options transaction Securities are equitable because all pursuant to this proposal are effective charge. It is also reasonable and market participants would be assessed upon filing, the Exchange has equitable to offer a floor volume lower fees for transacting electronic and designated these changes to be operative discount on trading Options on floor Options on Treasury Securities on March 1, 2013. The Exchange will Treasury Securities because all market (except Specialists and Market Makers participants are treated equally and that will not be charged at all for begin trading Options on Treasury order flow will provide increased electronic transactions) as compared to Securities on February 19, 2013. From liquidity to the market and benefit all other Singly Listed indexes (other than February 19, 2013 through February 28, participants. Institutional investors Alpha and MSCI Index Options). 2013, the fees and rebates proposed trade in large size and typically utilize Specifically, Customers would be herein will not be applicable. Exchange floor brokers on certain trades and the assessed $0.15 per contract to transact members and member organizations proposed pricing better aligns the fees either electronic or floor Options on will be assessed $0.00 Options with other similar derivatives in the Treasury Securities as compared to Transaction Charges and will receive market place. In addition, the concept of $0.35 per contract for Singly Listed $0.00 Options Transactions Rebates. offering a volume discount to index options (other than Alpha and incentivize order flow is not novel.11 MSCI Index Options). Specialists,15

5 A Singly Listed Option means an option that is securities, and (ii) places more than 390 orders in 13 See CBOE’s Comment Letter dated June 21, only listed on the Exchange and is not listed by any listed options per day on average during a calendar 2010 to the Proposed Amendments to Rule 610 of other national securities exchange. month for its own beneficial account(s) (hereinafter Regulation NMS, File No. S7–09–10. CBOE further 6 Section III of the Fee Schedule includes options ‘‘Professional’’). noted that options exchanges expend considerable 9 overlying currencies, equities, exchange-traded 15 U.S.C. 78f(b). resources on research and development related to funds (‘‘ETFs’’), exchange-traded notes (‘‘ETNs’’), 10 15 U.S.C. 78f(b)(4). new product offerings and options exchanges incur and indexes. 11 See CBOE’s Fees Schedule. CBOE has a sliding large licensing costs for many products. 7 The Commission notes that proposed footnote scale for its proprietary products whereby 14 If the Exchange determines to increase the 12 of Section III of the Fee Schedule states ‘‘Options transaction fees are reduced when a Clearing pricing for options overlying Options on Treasury Transaction Charge—Floor will apply to the first Trading Permit Holder reaches certain volume 500 contract only. Each additional contract will be thresholds in multiply listed options on CBOE in Securities at a later date, the Exchange would file assessed an options transaction charge—floor of a month. a proposal with the Commission. $0.00.’’ 12 See Securities Exchange Release Act No. 64096 15 A Specialist is an Exchange member who is 8 The Exchange defines a ‘‘professional’’ as any (March 18, 2011), 76 FR 16646 (March 24, 2011) registered as an options specialist pursuant to Rule person or entity that (i) is not a broker or dealer in (SR–Phlx–2011–34). 1020(a).

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Registered Options Traders,16 SQTs,17 electronic quotations produced by trading environment on the Exchange by and RSQTs 18 (collectively ‘‘market Specialists and Market Makers and these market participants, as well as the makers’’) 19 would be assessed no fee for disseminated to the investing public. differing mix of orders entered. transacting electronic Options on Wide markets can impede the growth of The Exchange believes that the Treasury Securities and $0.10 per a product and to ensure the best proposed fees are reasonable and not contract for transacting floor Options on possible quotes are available to the unfairly discriminatory because the fees Treasury Securities, as compared to the market place the Exchange will offer a are consistent with price differentiation $0.40 per contract fee such Specialists rebate to create the incentive for that exists today at all option exchanges. and Market Makers are assessed for Specialists and Market Makers to offer For example, CBOE assesses different Singly Listed index options (other than their best bids and offers without the rates for certain proprietary indexes as Alpha and MSCI Index Options). impact of a fee. All Specialists and compared to other index products Professionals, Firms and Broker-Dealers Market Makers, even an ROT, can avail transacted at CBOE. VIX options and would be assessed $0.20 per contract to themselves of this pricing by posting The S&P 500® Index options (‘‘SPXSM’’) transact either electronic or floor bids and/or offers in the electronic are assessed different fees than other Options on Treasury Securities, as market. Electronic bids and offers act, in indexes.21 In addition, the concept of compared to $0.60 per contract for all part, to attract orders to the floor, which offering a volume discount to other Singly Listed index options (other provides floor participants incentivize order flow is not novel.22 than Alpha and MSCI Index Options). opportunities to trade—the pricing B. Self-Regulatory Organization’s Specialists and Market Makers would be reflects these differing benefits and Statement on Burden on Competition assessed $0.10 per contract to transact contributions to the fledgling treasury floor Options on Treasury Securities, as options market place. The Exchange does not believe that compared to $0.40 per contract for all The Exchange also believes that the proposed rule change will impose other Singly Listed index options (other offering discounted pricing to market any burden on competition not than Alpha and MSCI Index Options). participants for transacting 500 or more necessary or appropriate in furtherance The Exchange believes that it is contracts on Options on Treasury of the purposes of the Act. The equitable and not unfairly Securities further provides benefits to Exchange believes that by offering discriminatory to assess lower fees of market participants such as to increase Options on Treasury Securities it will $0.15 per contract for electronic and order flow, which, in turn, will provide encourage order flow to be directed to floor Options Transactions on Treasury increased liquidity to the market and the Exchange, which will benefit all Securities for Customers and no fee for benefit all participants. The Exchange market participants by increasing electronic and $0.10 per contract for believes it is reasonable, equitable and liquidity on the Exchange. The floor Options Transactions on Treasury not unfairly discriminatory to assess a Exchange will assess such fees on all Securities for Specialists and Market Professional, Firm and Broker-Dealer a market participants (except Specialists Makers, as well as to offer a $0.05 rebate per contract fee of $0.20 per contract for and Market Makers for electronic per contract for electronic Options transacting Options on Treasury Options Transactions). Additionally, Transactions on Treasury Securities for Securities because the Exchange is Specialists and Market Makers are Specialists and Market Makers, in assessing all market participants, except eligible to qualify for a rebate on recognition of the differing Customers and Specialists and Market electronic Options Transactions. The contributions these participants provide Makers, the same rate to transact Exchange believes these pricing to the market place. Increased Customer Options on Treasury Securities. The amendments do not impose a burden on liquidity benefits all market participants Exchange believes that the price competition but rather that the proposed seeking to provide liquidity to differentiation between Customers and rule change will continue to promote Customers. Additionally, the most Specialists and Market Makers as competition on the Exchange. critical form of advertising for an compared to Professionals, Firms and The Exchange believes that the exchange’s new product is the Broker-Dealers is justified and not adoption of the proposed fees and unfairly discriminatory because rebates for Options on Treasury 16 A Registered Options Trader (‘‘ROT’’) includes Customers order flow brings unique Securities will not impose any a Streaming Quote Trader (‘‘SQT’’), a Remote unnecessary burden on intramarket Streaming Quote Trader (‘‘RSQT’’) and a Non-SQT benefits to the market which benefits all ROT, which by definition is neither a SQT or a market participants through increased competition because even though these RSQT. A ROT is defined in Exchange Rule 1014(b) liquidity and Specialists and Market options will be listed solely on the as a regular member or a foreign currency options Makers have obligations to the market Exchange, the Exchange operates in a participant of the Exchange located on the trading 20 highly competitive market, comprised of floor who has received permission from the and regulatory requirements, which Exchange to trade in options for his own account. normally do not apply to other market eleven exchanges, any of which that can See Exchange Rule 1014 (b)(i) and (ii). participants. They have obligations to determine to trade similar products. 17 An SQT is defined in Exchange Rule make continuous markets, engage in a Also, Options on Treasury Securities 1014(b)(ii)(A) as an ROT who has received should result in increased options permission from the Exchange to generate and course of dealings reasonably calculated submit option quotations electronically in options to contribute to the maintenance of a volume and greater trading to which such SQT is assigned. fair and orderly market, and not make opportunities for all market 18 A RSQT is defined Exchange Rule in bids or offers or enter into transactions participants. 1014(b)(ii)(B) as an ROT that is a member or that are inconsistent with a course of Accordingly, the fees that are assessed member organization with no physical trading floor and the rebates paid by the Exchange presence who has received permission from the dealings. The proposed differentiation Exchange to generate and submit option quotations as between Customers and Specialists described in the above proposal are electronically in options to which such RSQT has and Market Makers and other market influenced by these robust market forces been assigned. An RSQT may only submit such participants recognizes the differing and therefore must remain competitive quotations electronically from off the floor of the contributions made to the liquidity and with fees charged and rebates paid by Exchange. other venues on other products and 19 The Exchange market maker category includes Specialists (see Rule 1020) and ROTs (Rule 20 See Rule 1014 titled ‘‘Obligations and 1014(b)(i) and (ii), which includes SQTs (see Rule Restrictions Applicable to Specialists and 21 See CBOE’s Fees Schedule. 1014(b)(ii)(A)) and RSQTs (see Rule 1014(b)(ii)(B)). Registered Options Traders.’’ 22 Supra footnote 11.

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similar or less than fees assessed on amendments, all written statements I. Self-Regulatory Organization’s other singly-listed options and therefore with respect to the proposed rule Statement of the Terms of Substance of must continue to be reasonable and change that are filed with the the Proposed Rule Change equitably allocated. Commission, and all written communications relating to the The Exchange proposes to list and C. Self-Regulatory Organization’s proposed rule change between the trade fourteen series of the iShares Trust Statement on Comments on the Commission and any person, other than under NYSE Arca Equities Rule 8.600. Proposed Rule Change Received From those that may be withheld from the The text of the proposed rule change is Members, Participants, or Others public in accordance with the available on the Exchange’s Web site at No written comments were either provisions of 5 U.S.C. 552, will be www.nyse.com, at the principal office of solicited or received. available for Web site viewing and the Exchange, and at the Commission’s III. Date of Effectiveness of the printing in the Commission’s Public Public Reference Room. Reference Room on official business Proposed Rule Change and Timing for II. Self-Regulatory Organization’s Commission Action days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also Statement of the Purpose of, and The foregoing rule change has become will be available for inspection and Statutory Basis for, the Proposed Rule effective pursuant to Section copying at the principal offices of the Change 23 19(b)(3)(A)(ii) of the Act. At any time Exchange. All comments received will In its filing with the Commission, the within 60 days of the filing of the be posted without change; the self-regulatory organization included proposed rule change, the Commission Commission does not edit personal summarily may temporarily suspend identifying information from statements concerning the purpose of, such rule change if it appears to the submissions. You should submit only and basis for, the proposed rule change Commission that such action is information that you wish to make and discussed any comments it received necessary or appropriate in the public available publicly. All submissions on the proposed rule change. The text interest, for the protection of investors, should refer to File Number SR–Phlx– of those statements may be examined at or otherwise in furtherance of the 2013–16, and should be submitted on or the places specified in Item IV below. purposes of the Act. If the Commission before March 27, 2013. The Exchange has prepared summaries, takes such action, the Commission shall set forth in sections A, B, and C below, For the Commission, by the Division of institute proceedings to determine of the most significant parts of such whether the proposed rule should be Trading and Markets, pursuant to delegated authority.24 statements. approved or disapproved. Kevin M. O’Neill, A. Self-Regulatory Organization’s IV. Solicitation of Comments Deputy Secretary. Statement of the Purpose of, and Interested persons are invited to [FR Doc. 2013–05123 Filed 3–5–13; 8:45 am] Statutory Basis for, the Proposed Rule submit written data, views, and BILLING CODE 8011–01–P Change arguments concerning the foregoing, including whether the proposed rule 1. Purpose change is consistent with the Act. SECURITIES AND EXCHANGE The Exchange proposes to list and Comments may be submitted by any of COMMISSION trade shares (‘‘Shares’’) of iShares the following methods: [Release No. 34–69008; File No. SR– Australian Dollar Cash Rate Fund; Electronic Comments NYSEArca–2013–18] iShares British Pound Cash Rate Fund; • iShares Canadian Dollar Cash Rate Use the Commission’s Internet Self-Regulatory Organizations; NYSE Fund; iShares Chinese Offshore comment form (http://www.sec.gov/ Arca, Inc.; Notice of Filing of Proposed Renminbi Cash Rate Fund; iShares Euro rules/sro.shtml); or Rule Change To List and Trade • Send an email to rule- Fourteen Series of the iShares Trust Cash Rate Fund; iShares Japanese Yen [email protected]. Please include File Under NYSE Arca Equities Rule 8.600 Cash Rate Fund; iShares Mexican Peso Number SR–Phlx–2013–16 on the Cash Rate Fund; iShares New Zealand subject line. February 28, 2013. Dollar Cash Rate Fund; iShares Paper Comments Pursuant to Section 19(b)(1) 1 of the Norwegian Krone Cash Rate Fund; Securities Exchange Act of 1934 (the iShares Singapore Dollar Cash Rate • Send paper comments in triplicate ‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule Fund; iShares Swedish Krona Cash Rate to Elizabeth M. Murphy, Secretary, 19b–4 thereunder,3 notice is hereby Fund; iShares Swiss Franc Cash Rate Securities and Exchange Commission, given that, on February 14, 2013, NYSE Fund; iShares Thai Offshore Baht Cash 100 F Street NE., Washington, DC Arca, Inc. (the ‘‘Exchange’’ or ‘‘NYSE 20549–1090. Rate Fund; and iShares Turkish Lira Arca’’) filed with the Securities and Cash Rate Fund (each, a ‘‘Fund’’ and, All submissions should refer to File Exchange Commission (the collectively, the ‘‘Funds’’) under NYSE Number SR–Phlx–2013–16. This file ‘‘Commission’’) the proposed rule number should be included on the Arca Equities Rule 8.600, which governs change as described in Items I, II, and the listing and trading of Managed Fund subject line if email is used. III below, which Items have been To help the Commission process and prepared by the Exchange. The review your comments more efficiently, Commission is publishing this notice to please use only one method. The solicit comments on the proposed rule Commission will post all comments on change from interested persons. the Commission’s Internet Web site (http://www.sec.gov/rules/sro.shtml). 24 17 CFR 200.30–3(a)(12). Copies of the submission, all subsequent 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 23 15 U.S.C. 78s(b)(3)(A)(ii). 3 17 CFR 240.19b–4.

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Shares 4 on the Exchange.5 The Shares information concerning the composition iShares Australian Dollar Cash Rate will be offered by iShares Trust (the and/or changes to such investment Fund ‘‘Trust’’), a statutory trust organized company portfolio.7 In addition, According to the Registration under the laws of Delaware and Commentary .06 further requires that Statement, the iShares Australian Dollar registered with the Securities and personnel who make decisions on the Cash Rate Fund will seek to provide its Exchange Commission (the open-end fund’s portfolio composition shareholders a daily return that reflects: ‘‘Commission’’) as an open-end must be subject to procedures designed (i) The increase or decrease in the 6 management investment company. to prevent the use and dissemination of exchange rate of the Australian dollar The investment adviser to the Funds material nonpublic information against the United States dollar and (ii) will be BlackRock Fund Advisors regarding the open-end fund’s portfolio. the yield of the Australian dollar, minus (‘‘Investment Adviser’’ or ‘‘BFA’’), an The Investment Adviser is affiliated the Fund’s fees and expenses. ‘‘Yield’’ indirect wholly-owned subsidiary of with multiple broker-dealers and has refers to the yield an investor would BlackRock, Inc. BlackRock Investments, expect to receive if they invested in an LLC, an affiliate of the Investment implemented a ‘‘fire wall’’ with respect to such broker-dealers regarding access overnight or similar cash or cash Adviser, will serve as the distributor for equivalent investment denominated in the Funds (‘‘Distributor’’). State Street to information concerning the composition and/or changes to the Australian dollars. The Fund also will Bank and Trust Company will serve as seek to preserve liquidity, and maintain the administrator, custodian and Funds’ portfolio. In the event (a) the Investment Adviser or any sub-adviser stability of principal and preserve transfer agent for each Fund. capital, each as measured in Australian Commentary .06 to Rule 8.600 becomes newly affiliated with a broker- dollars. provides that, if the investment adviser dealer, or (b) any new manager, adviser According to the Registration to the investment company issuing or sub-adviser becomes affiliated with a Statement, the Fund will be an actively Managed Fund Shares is affiliated with broker-dealer, it will implement a fire managed exchange-traded fund (‘‘ETF’’) a broker-dealer, such investment adviser wall with respect to such broker-dealer that will seek to achieve its investment shall erect a ‘‘fire wall’’ between the regarding access to information objective by investing, under normal investment adviser and the broker- concerning the composition and/or circumstances,9 substantially all of its dealer with respect to access to changes to the portfolio, and will be assets in short-term securities subject to procedures designed to denominated in United States dollars 4 A Managed Fund Share is a security that prevent the use and dissemination of represents an interest in an investment company and a matching notional amount of spot registered under the Investment Company Act of material non-public information foreign exchange contracts (generally 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as regarding such portfolio. required to be settled within two an open-end investment company or similar entity business days) to purchase the that invests in a portfolio of securities selected by The Funds will not be index funds. its investment adviser consistent with its The Funds will be actively managed and Australian dollar (against delivery of the investment objectives and policies. In contrast, an will not seek to replicate the United States dollar). Under normal open-end investment company that issues circumstances, there will be a 1:1 ratio Investment Company Units, listed and traded on performance of a specified index. Each 8 between the fixed income securities and the Exchange under NYSE Arca Equities Rule Fund is classified as ‘‘non-diversified.’’ 5.2(j)(3), seeks to provide investment results that spot contracts. The strategy of combining investments in short-term correspond generally to the price and yield 7 An investment adviser to an open-end fund is performance of a specific foreign or domestic stock required to be registered under the Investment fixed income securities and spot foreign index, fixed income securities index or combination Advisers Act of 1940 (the ‘‘Advisers Act’’). As a exchange contracts is designed to thereof. result, the Investment Adviser and its related 5 The Commission has previously approved the provide financial exposure substantially personnel are subject to the provisions of Rule listing and trading on the Exchange of other actively similar to a purchase of the Australian 204A–1 under the Advisers Act relating to codes of managed funds under Rule 8.600. See, e.g., dollar reflecting: (i) The increase or ethics. This Rule requires investment advisers to Securities Exchange Act Release Nos. 60981 decrease in the exchange rate of the (November 10, 2009), 74 FR 59594 (November 18, adopt a code of ethics that reflects the fiduciary 2009) (SR–NYSEArca–2009–79) (order approving nature of the relationship to clients as well as Australian dollar against the United Exchange listing and trading of five fixed income compliance with other applicable securities laws. States dollar and (ii) the yield of the funds of the PIMCO ETF Trust); 62623 (August 2, Accordingly, procedures designed to prevent the Australian dollar, minus the Fund’s fees 2010), 75 FR 47652 (August 6, 2010) (SR– communication and misuse of non-public and expenses. NYSEArca–2010–51) (order approving Exchange information by an investment adviser must be According to the Registration listing and trading of WisdomTree Dreyfus consistent with Rule 204A–1 under the Advisers Commodity Currency Fund); 64935 (July 20, 2011), Act. In addition, Rule 206(4)–7 under the Advisers Statement, the Fund will invest in 76 FR 44966 (July 27, 2011) (SR–NYSEArca–2011– Act makes it unlawful for an investment adviser to United States dollar denominated short- 31) (order approving Exchange listing and trading provide investment advice to clients unless such term debt securities of varying of WisdomTree Dreyfus Euro Debt Fund); and investment adviser has (i) adopted and maturities and spot foreign exchange 67320 (June 29, 2012), 77 FR 39763 (July 5, 2012) implemented written policies and procedures contracts in order to seek to replicate (SR–NYSEArca–2012–44) (order approving reasonably designed to prevent violation, by the Exchange listing and trading of iShares Strategic investment adviser and its supervised persons, of the daily return of the Australian dollar. Beta U.S. Large Cap Fund and iShares Strategic Beta the Advisers Act and the Commission rules adopted The short-term debt securities held by U.S. Small Cap Fund). thereunder; (ii) implemented, at a minimum, an the Fund generally will consist of high 6 The Trust is registered under the 1940 Act. On annual review regarding the adequacy of the quality debt obligations and may August 9, 2012, the Trust filed with the policies and procedures established pursuant to Commission a post-effective amendment to Form subparagraph (i) above and the effectiveness of their N–1A under the Securities Act of 1933 (15 U.S.C. 9 The term ‘‘under normal circumstances’’ implementation; and (iii) designated an individual 77a) (‘‘1933 Act’’) and the 1940 Act relating to the includes, but is not limited to, the absence of (who is a supervised person) responsible for Fund (File Nos. 333–92935 and 811–09729) (the adverse market, economic, political or other ‘‘Registration Statement’’). The description of the administering the policies and procedures adopted conditions, including extreme volatility or trading operation of the Trust and the Funds herein is under subparagraph (i) above. halts in the fixed income markets or the financial based, in part, on the Registration Statement. In 8 According to the Registration Statement, each markets generally; operational issues causing addition, the Commission has issued an order Fund will be ‘‘non-diversified’’ under the 1940 Act dissemination of inaccurate market information; or granting certain exemptive relief to the Trust under and may invest more of its assets in fewer issuers force majeure type events such as systems failure, the 1940 Act. See Investment Company Act Release than ‘‘diversified’’ funds. The diversification natural or man-made disaster, act of God, armed No. 29571 (January 24, 2011) (File No. 812–13601) standard is set forth in Section 5(b)(1) of the 1940 conflict, act of terrorism, riot or labor disruption or (‘‘Exemptive Order’’). Act (15 U.S.C. 80a–5(b)(1)). any similar intervening circumstance.

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include, but are not limited to, maintain a weighted average portfolio expanded over the past few years with obligations issued by the U.S. maturity of between 1 and 30 days and increased demand for commodities. The government and its agencies and generally will be limited to investments average AUD/USD bid/ask spread is 2– instrumentalities, U.S. municipal with remaining maturities of 60 days or 4 pips (.0002–.0004 USD). The average variable rate demand notes,10 U.S. less. The Fund will not purchase any daily trading volume for Australian corporate and commercial debt security with a remaining maturity of dollar spot transactions is $111 instruments,11 and bank notes and more than 397 calendar days. billion.15 The average daily volatility similar demand deposits. The Fund’s According to the Registration over the last five years was 2.887%. assets also may be invested in short- Statement, generally, each spot foreign Trading volume is relatively deep and term debt instruments and bank notes exchange contract entered into by the steady during the London session. The and similar demand deposits Fund will require the Fund to purchase Australian dollar/United States dollar denominated in the Australian dollar from a foreign exchange dealer selected pair is the most heavily traded currency from time to time when the Investment by the Investment Adviser, at a pair in the Australian foreign exchange Adviser believes these debt securities specified purchase price expressed in markets; interest in the Australian may help the Fund achieve its United States dollars, a specified dollar/Japanese yen exchange rate investment objective. All short-term amount of Australian dollars. The Fund appears during the Asian session. debt securities acquired by the Fund will enter into spot foreign exchange will be rated investment grade by at contracts only in Australian dollars and iShares British Pound Cash Rate Fund least one nationally recognized mainly for the purpose of taking long According to the Registration statistical rating organization positions in the Australian dollar. Statement, the iShares British Pound (‘‘NRSRO’’) or, if unrated, deemed by Because the spot foreign exchange Cash Rate Fund will seek to provide its the Investment Adviser to be of contracts entered into by the Fund will shareholders a daily return that reflects: equivalent quality.12 The Fund may also be spot transactions and typically settle (i) The increase or decrease in the invest its assets in money market funds within two business days, in order to exchange rate of the British pound (including funds that are managed by maintain exposure to the Australian sterling against the United States dollar the Investment Adviser or one of its dollar, the Fund will continuously enter and (ii) the yield of the British pound affiliates), cash and cash equivalents. into new spot foreign exchange sterling, minus the Fund’s fees and All money market securities acquired by contracts by entering into two expenses. ‘‘Yield’’ refers to the yield an 13 the Fund will be rated investment grade. simultaneous trades. The Fund will investor would expect to receive if they The Fund does not intend to invest in not enter into forward foreign exchange invested in an overnight or similar cash 14 any unrated money market securities. contracts. or cash equivalent investment However, the Fund may do so, to a According to the Investment Adviser, denominated in British pound sterling. limited extent, such as where a rated the Australian dollar (‘‘AUD’’) is a free The Fund also will seek to preserve money market security becomes floating currency. The Reserve Bank of liquidity, and maintain stability of unrated, if such money market security Australia is independent, conducts principal and preserve capital, each as is determined by the Investment monetary policy, works to maintain a measured in British pounds sterling. Adviser to be of comparable quality. strong financial system and issues the According to the Registration According to the Registration nation’s currency. The Australian dollar Statement, the Fund will be an actively Statement, the Fund generally will spot market is fully convertible and managed ETF that will seek to achieve tradable 24 hours a day without its investment objective by investing, 10 restriction. Trading volume has According to the Registration Statement, under normal circumstances,16 variable rate demand obligations (also referred to as substantially all of its assets in short- variable rate demand notes) are tax-exempt 13 According to the Registration Statement, a obligations that contain a floating or variable Fund will maintain exposure to the foreign term securities denominated in United interest rate adjustment formula and a right of currency identified in its name (the ‘‘FX Base States dollars and a matching notional demand on the part of the holder thereof to receive Currency’’) by entering into two simultaneous amount of spot foreign exchange payment of the unpaid principal balance plus trades that result in the same open net long position contracts (generally required to be accrued interest upon a short notice period not to of the FX Base Currency with the settlement date exceed seven days. extended by one business day. The first trade will settled within two business days) to 11 The Fund will invest only in corporate bonds be an offsetting transaction to the original position purchase the British pound sterling that the Investment Adviser deems to be sufficiently (which is the long foreign exchange contract that (against delivery of the United States liquid at time of investment. Generally a non-U.S. the Fund has entered into on the previous day) for dollar). Under normal circumstances, corporate bond must have $200 million (or an the same notional amount and same settlement equivalent value if denominated in a currency other date. This offsetting transaction may cause a Fund there will be a 1:1 ratio between the than United States dollars) or more par amount to realize a gain or loss on the transaction. The fixed income securities and spot outstanding and significant par value traded to be second trade will be for the same notional amount contracts. The strategy of combining considered as an eligible investment, and a U.S. as the original position with the settlement date investments in short-term fixed income corporate bond must have $100 million (or an extended by one business day. Where there is an equivalent value if denominated in a currency other interest rate differential in the overnight ‘‘risk free’’ securities and spot foreign exchange than United States dollars) or more par amount rate between the FX Base Currency and the United contracts is designed to provide outstanding and significant par value traded to be States dollar, there will be a difference in price financial exposure substantially similar considered as an eligible investment. between the two trades of the simultaneous to a purchase of the British pound 12 According to the Investment Adviser, the transaction. This difference represents the Investment Adviser may determine that unrated difference in benchmark overnight interest rates sterling, reflecting: (i) The increase or securities are of ‘‘equivalent quality’’ based on such between the two currencies in the position (i.e., one decrease in the exchange rate of the credit quality factors that it deems appropriate, day of ‘‘carry’’ or ‘‘cost of carry’’). British pound sterling against the which may include, among other things, performing 14 The Investment Adviser believes that the United States dollar and (ii) the yield of an analysis similar, to the extent possible, to that foreign exchange contracts entered into by the performed by an NRSRO when rating similar Funds are properly characterized as ‘‘spot’’ foreign securities and issuers. In making such a exchange transactions as of the date of this filing. 15 Bank of International Settlements. ‘‘Triennial determination, the Investment Adviser may However, legal requirements and interpretations Central Bank Survey: Foreign exchange and consider internal analyses and risk ratings, third surrounding such transactions may change, which derivatives market activity in April 2010,’’ party research and analysis, and other sources of may lead market participants such as the Funds’ September 2010, available at http://www.bis.org/ information, as deemed appropriate by the foreign exchange counterparties to characterize publ/rpfx10.pdf. Investment Adviser. such transactions as forward contracts. 16 See note 9, supra.

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the British pound sterling, minus the Fund will enter into spot foreign term securities denominated in United Fund’s fees and expenses. exchange contracts only in British States dollars and a matching notional According to the Registration pounds sterling and mainly for the amount of spot foreign exchange Statement, the Fund will invest in purpose of taking long positions in the contracts (generally required to be United States dollar denominated short- British pound sterling. Because the spot settled within two business days) to term debt securities of varying foreign exchange contracts entered into purchase the Canadian dollar (against maturities and spot foreign exchange by the Fund will be spot transactions delivery of the United States dollar). contracts in order to seek to replicate and typically settle within two business Under normal circumstances, there will the daily return of the British pound days, in order to maintain exposure to be a 1:1 ratio between the fixed income sterling. The short-term debt securities the British pound sterling, the Fund will securities and spot contracts. The held by the Fund generally will consist continuously enter into new spot strategy of combining investments in of high quality debt obligations and may foreign exchange contracts by entering short-term fixed income securities and include, but are not limited to, into two simultaneous trades.20 The spot foreign exchange contracts is obligations issued by the U.S. Fund will not enter into forward foreign designed to provide financial exposure government and its agencies and exchange contracts.21 substantially similar to a purchase of the instrumentalities, U.S. municipal According to the Investment Adviser, Canadian dollar, reflecting: (i) The variable rate demand notes,17 U.S. the British pound (‘‘GBP’’) is a free increase or decrease in the exchange corporate and commercial debt floating currency. The Bank of England rate of the Canadian dollar against the instruments 18 and bank notes and is an independent body that controls United States dollar and (ii) the yield of similar demand deposits. The Fund’s monetary policy. Its primary objective is the Canadian dollar, minus the Fund’s assets also may be invested in short- to deliver price stability through low fees and expenses. term debt instruments, and bank notes inflation of 2%. The British pound spot According to the Registration and similar demand deposits market is fully convertible and tradable Statement, the Fund will invest in denominated in the British pound 24 hours a day without restriction. The United States dollar denominated short- sterling from time to time when the GBP/USD exchange market has deep term debt securities of varying Investment Adviser believes these debt liquidity. The average GBP/USD bid/ask maturities and spot foreign exchange securities may help the Fund achieve its spread is 2–4 pips (.0002–.0004 USD). contracts in order to seek to replicate investment objective. All short-term The average daily trading volume for the daily return of the Canadian dollar. debt securities acquired by the Fund British pound spot transactions is $213 The short-term debt securities held by will be rated investment grade by at billion.22 The average daily volatility the Fund generally will consist of high least one NRSRO or, if unrated, deemed over the last five years was 2.0669%. quality debt obligations and may by the Investment Adviser to be of Trading volume is very deep from 19 include, but are not limited to, equivalent quality. The Fund may also London open through New York early obligations issued by the U.S. invest its assets in money market funds afternoon, with lighter volume during government and its agencies and (including funds that are managed by the late New York afternoon through instrumentalities, U.S. municipal the Investment Adviser or one of its Asia morning sessions, and with high variable rate demand notes,24 U.S. affiliates), cash and cash equivalents. currency flow around the 4:00 p.m. All money market securities acquired by corporate and commercial debt Greenwich Mean Time fixing. 25 the Fund will be rated investment grade. instruments, and bank notes and The Fund does not intend to invest in iShares Canadian Dollar Fund similar demand deposits. The Fund’s any unrated money market securities. According to the Registration assets also may be invested in short- However, the Fund may do so, to a Statement, the iShares Canadian Dollar term debt instruments and bank notes limited extent, such as where a rated Fund will seek to provide its and similar demand deposits money market security becomes shareholders a daily return that reflects: denominated in the Canadian dollar unrated, if such money market security (i) The increase or decrease in the from time to time when the Investment is determined by the Investment exchange rate of the Canadian dollar Adviser believes these debt securities Adviser to be of comparable quality. against the United States dollar and (ii) may help the Fund achieve its According to the Registration the yield of the Canadian dollar, minus investment objective. All short-term Statement, the Fund generally will the Fund’s fees and expenses. ‘‘Yield’’ debt securities acquired by the Fund maintain a weighted average portfolio refers to the yield an investor would will be rated investment grade by at maturity of between 1 and 30 days and expect to receive if they invested in an least one NRSRO or, if unrated, deemed generally will be limited to investments overnight or similar cash or cash by the Investment Adviser to be of 26 with remaining maturities of 60 days or equivalent investment denominated in equivalent quality. The Fund may also less. The Fund will not purchase any Canadian dollars. The Fund also will invest its assets in money market funds security with a remaining maturity of seek to preserve liquidity, and maintain (including funds that are managed by more than 397 calendar days. stability of principal and preserve the Investment Adviser or one of its According to the Registration capital, each as measured in Canadian affiliates), cash and cash equivalents. Statement, generally, each spot foreign dollars. All money market securities acquired by exchange contract entered into by the According to the Registration the Fund will be rated investment grade. Fund will require the Fund to purchase Statement, the Fund will be an actively The Fund does not intend to invest in from a foreign exchange dealer selected managed ETF that will seek to achieve any unrated money market securities. by the Investment Adviser, at a its investment objective by investing, However, the Fund may do so, to a specified purchase price expressed in under normal circumstances,23 limited extent, such as where a rated United States dollars, a specified substantially all of its assets in short- money market security becomes amount of British pounds sterling. The unrated, if such money market security 20 See note 13, supra. 17 See note 10, supra. 21 See note 14, supra. 24 See note 10, supra. 18 See note 11, supra. 22 See note 15, supra. 25 See note 11, supra. 19 See note 12, supra. 23 See note 9, supra. 26 See note 12, supra.

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is determined by the Investment Renminbi Cash Rate Fund will seek to instruments,32 and bank notes and Adviser to be of comparable quality. provide its shareholders a daily return similar demand deposits. The Fund’s According to the Registration that reflects: (i) The increase or decrease assets also may be invested in short- Statement, the Fund generally will in the exchange rate of the Chinese term debt instruments and bank notes maintain a weighted average portfolio offshore renminbi against the United and similar demand deposits maturity of between 1 and 30 days and States dollar and (ii) the yield of the denominated in the Chinese offshore generally will be limited to investments Chinese offshore renminbi, minus the renminbi from time to time when the with remaining maturities of 60 days or Fund’s fees and expenses. ‘‘Yield’’ refers Investment Adviser believes these less. The Fund will not purchase any to the yield an investor would expect to securities may help the Fund to achieve security with a remaining maturity of receive if they invested in an overnight its investment objective. All short-term more than 397 calendar days. or similar cash or cash equivalent debt securities acquired by the Fund According to the Registration investment denominated in Chinese will be rated investment grade by at Statement, generally, each spot foreign offshore renminbi. The Fund also will least one NRSRO or, if unrated, deemed exchange contract entered into by the seek to preserve liquidity, and maintain by the Investment Adviser to be of Fund will require the Fund to purchase stability of principal and preserve equivalent quality.33 The Fund may also from a foreign exchange dealer selected capital, each as measured in Chinese invest its assets in money market funds by the Investment Adviser, at a offshore renminbi. (including funds that are managed by specified purchase price expressed in According to the Registration the Investment Adviser or one of its United States dollars, a specified Statement, the Fund will be an actively affiliates), cash and cash equivalents. amount of Canadian dollars. The Fund managed ETF that will seek to achieve All money market securities acquired by will enter into spot foreign exchange its investment objective by investing, the Fund will be rated investment grade. contracts only in Canadian dollars and under normal circumstances,30 The Fund does not intend to invest in mainly for the purpose of taking long substantially all of its assets in short- any unrated money market securities. positions in the Canadian dollar. term securities denominated in United However, the Fund may do so, to a Because the spot foreign exchange States dollars and a matching notional limited extent, such as where a rated contracts entered into by the Fund will amount of spot foreign exchange money market security becomes be spot transactions and typically settle contracts (generally required to be unrated, if such money market security within two business days, in order to settled within two business days) to is determined by the Investment maintain exposure to the Canadian purchase the Chinese offshore renminbi Adviser to be of comparable quality. dollar, the Fund will continuously enter (against delivery of the United States According to the Registration into new spot foreign exchange dollar). Under normal circumstances, Statement, the Fund generally will contracts by entering into two there will be a 1:1 ratio between the maintain a weighted average portfolio simultaneous trades.27 The Fund will fixed income securities and spot maturity of between 1 and 30 days and not enter into forward foreign exchange contracts. The Chinese offshore generally will be limited to investments contracts.28 renminbi trades in Hong Kong and other with remaining maturities of 60 days or According to the Investment Adviser, markets outside mainland China. The less. The Fund will not purchase any the Canadian dollar (‘‘CAD’’) is a free offshore renminbi is also known as the security with a remaining maturity of floating currency. The Bank of Canada ‘‘offshore yuan.’’ The strategy of more than 397 calendar days. is responsible for Canada’s monetary combining investments in short-term policy, bank notes, financial system, fixed income securities and spot foreign According to the Registration and funds management. Monetary exchange contracts is designed to Statement, generally, each spot foreign policy targets inflation of near 2%. The provide financial exposure substantially exchange contract entered into by the Bank of Canada carries out monetary similar to a purchase of the Chinese Fund will require the Fund to purchase policy by influencing short-term interest offshore renminbi, reflecting: (i) The from a foreign exchange dealer selected rates. The Canadian dollar spot market increase or decrease in the exchange by the Investment Adviser, at a is fully convertible and tradable 24 rate of the Chinese offshore renminbi specified purchase price expressed in hours a day without restriction. The against the United States dollar and (ii) United States dollars, a specified USD/CAD exchange market has deep the yield of the Chinese offshore amount of Chinese offshore renminbi. liquidity. The average USD/CAD bid/ask renminbi, minus the Fund’s fees and The Fund will enter into spot foreign spread is 2–4 pips (.0002-.0004 CAD). expenses. exchange contracts only in Chinese The average daily trading volume for According to the Registration offshore renminbi and mainly for the Canadian dollar spot transactions is $78 Statement, the Fund will invest in purpose of taking long positions in the billion.29 The average daily volatility United States dollar denominated short- Chinese offshore renminbi. Because the over the last five years was 2.1563%. term debt securities of varying spot foreign exchange contracts entered Trading volume is relatively deep from maturities and spot foreign exchange into by the Fund will be spot the New York open through the New contracts in order to seek to replicate transactions and typically settle within York close. There is high currency flow the daily return of the Chinese offshore two business days, in order to maintain during the New York open and into the renminbi. The short-term debt securities exposure to the Chinese offshore London close. Spikes in volume are held by the Fund generally will consist renminbi, the Fund will continuously noted at the London fixing. of high quality debt obligations and may enter into new spot foreign exchange include, but are not limited to, contracts by entering into two iShares Chinese Offshore Renminbi obligations issued by the U.S. simultaneous trades.34 The Fund will Cash Rate Fund government and its agencies and not enter into forward foreign exchange According to the Registration instrumentalities, U.S. municipal contracts.35 Statement, the iShares Chinese Offshore variable rate demand notes,31 U.S. corporate and commercial debt 32 See note 11, supra. 27 See note 13, supra. 33 See note 12, supra. 28 See note 14, supra. 30 See note 9, supra. 34 See note 13, supra. 29 See note 15, supra. 31 See note 10, supra. 35 See note 14, supra.

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According to the Investment Adviser, reflecting: (i) The increase or decrease in United States dollars, a specified the People’s Bank of China operates a the exchange rate of the euro against the amount of euros. The Fund will enter managed floating exchange rate system, United States dollar and (ii) the yield of into spot foreign exchange contracts which is partially pegged to a basket of the euro, minus the Fund’s fees and only in euros and mainly for the trade-weighted international currencies. expenses. purpose of taking long positions in the The Chinese onshore renminbi is non- According to the Registration euro. Because the spot foreign exchange deliverable and partially convertible. Statement, the Fund will invest in contracts entered into by the Fund will Hong Kong is the only jurisdiction United States dollar denominated short- be spot transactions, in order to where Chinese offshore renminbi term debt securities of varying maintain exposure to the euro, the Fund trading is sanctioned and regulated. maturities and spot foreign exchange will continuously enter into new spot Bank of China (Hong Kong) serves as the contracts in order to seek to replicate foreign exchange contracts by entering clearing bank for Chinese offshore the daily return of the euro. The short- into two simultaneous trades.42 The renminbi. No fixing rate is set by term debt securities held by the Fund Fund will not enter into forward foreign authorities. The average bid/ask spread generally will consist of high quality exchange contracts.43 is 10–20 pips (0.001–0.002 Chinese debt obligations and may include, but According to the Investment Adviser, offshore renminbi).36 The average daily are not limited to, obligations issued by the euro (‘‘EUR’’) is a freely floating trading volume for Chinese offshore the U.S. government and its agencies currency. The primary objective of the renminbi spot transactions is $300 and instrumentalities, U.S. municipal European Central Bank (‘‘ECB’’) is to million.37 The average daily volatility variable rate demand notes,39 U.S. maintain price stability in the euro area. over the last five years was 0.2715%. corporate and commercial debt The ECB aims for inflation rates of Trading volume is relatively deep from instruments 40 and bank notes and below, but close to, 2% over the 9:00 a.m. to 5:00 p.m. Hong Kong Time. similar demand deposits. The Fund’s medium term. The euro spot market is assets also may be invested in short- iShares Euro Cash Rate Fund fully convertible and tradable 24 hours term debt instruments, and bank notes a day without restriction. The euro and According to the Registration and similar demand deposits United States dollar have the deepest Statement, the iShares Euro Cash Rate denominated in the euro from time to liquidity of all foreign exchange pairs. Fund will seek to provide its time when the Investment Adviser The average EUR/USD bid/ask spread is shareholders a daily return that reflects: believes these debt securities may help 1–2 pips (.0001–.0002 USD). The (i) The increase or decrease in the the Fund achieve its investment average daily trading volume for euro exchange rate of the euro against the objective. All short-term debt securities spot transactions is $691 billion.44 The United States dollar and (ii) the yield of acquired by the Fund will be rated average daily volatility over the last five the euro, minus the Fund’s fees and investment grade by at least one NRSRO years was 2.1994%. Trading volume is expenses. ‘‘Yield’’ refers to the yield an or, if unrated, deemed by the Investment extremely deep from European open investor would expect to receive if they Adviser to be of equivalent quality.41 through New York close, and there is invested in an overnight or similar cash The Fund may also invest its assets in high currency flow around 2:15 p.m. or cash equivalent investment money market funds (including funds Central European Time, the local fixing denominated in euros. The Fund also that are managed by the Investment time. will seek to preserve liquidity, and Adviser or one of its affiliates), cash and maintain stability of principal and cash equivalents. All money market iShares Japanese Yen Cash Rate Fund preserve capital, each as measured in securities acquired by the Fund will be According to the Registration euros. rated investment grade. The Fund does Statement, the iShares Japanese Yen According to the Registration not intend to invest in any unrated Cash Rate Fund will seek to provide its Statement, the Fund will be an actively money market securities. However, the shareholders a daily return that reflects: managed ETF that will seek to achieve Fund may do so, to a limited extent, (i) The increase or decrease in the its investment objective by investing, such as where a rated money market exchange rate of the Japanese yen 38 under normal circumstances, security becomes unrated, if such against the United States dollar and (ii) substantially all of its assets in short- money market security is determined by the yield of the Japanese yen, minus the term securities denominated in United the Investment Adviser to be of Fund’s fees and expenses. ‘‘Yield’’ refers States dollars and a matching notional comparable quality. to the yield an investor would expect to amount of spot foreign exchange According to the Registration receive if they invested in an overnight contracts (generally required to be Statement, the Fund generally will or similar cash or cash equivalent settled within two business days) to maintain a weighted average portfolio investment denominated in Japanese purchase the euro (against delivery of maturity of between 1 and 30 days and yen. The Fund also will seek to preserve the United States dollar). Under normal generally will be limited to investments liquidity, and maintain stability of circumstances, there will be a 1:1 ratio with remaining maturities of 60 days or principal and preserve capital, each as between the fixed income securities and less. The Fund will not purchase any measured in Japanese yen. spot contracts. The strategy of security with a remaining maturity of According to the Registration combining investments in short-term more than 397 calendar days. Statement, the Fund will be an actively fixed income securities and spot foreign According to the Registration managed ETF that will seek to achieve exchange contracts is designed to Statement, generally, each spot foreign its investment objective by investing, provide financial exposure substantially exchange contract entered into by the under normal circumstances,45 similar to a purchase of the euro, Fund will require the Fund to purchase substantially all of its assets in short- from a foreign exchange dealer selected term securities denominated in United 36 HSBC Global Research, ‘‘The offshore by the Investment Adviser, at a States dollars and a matching notional renminbi: A practical primer on the CNH market,’’ December 1, 2010, available at http:// specified purchase price expressed in www.research.hsbc.com/midas/Res/ 42 See note 13, supra. RDV?p=pdf&key=UHa14N6Tu3&n=282753.PDF. 39 See note 10, supra. 43 See note 14, supra. 37 Id. 40 See note 11, supra. 44 See note 15, supra. 38 See note 9, supra. 41 See note 12, supra. 45 See note 9, supra.

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amount of spot foreign exchange comparable quality. According to the Mexican peso. The Fund also will seek contracts (generally required to be Registration Statement, the Fund to preserve liquidity, and maintain settled within two business days) to generally will maintain a weighted stability of principal and preserve purchase the Japanese yen (against average portfolio maturity of between 1 capital, each as measured in Mexican delivery of the United States dollar). and 30 days and generally will be pesos. Under normal circumstances, there will limited to investments with remaining According to the Registration be a 1:1 ratio between the fixed income maturities of 60 days or less. The Fund Statement, the Fund will be an actively securities and spot contracts. The will not purchase any security with a managed ETF that will seek to achieve strategy of combining investments in remaining maturity of more than 397 its investment objective by investing, short-term fixed income securities and calendar days. under normal circumstances,52 spot foreign exchange contracts is According to the Registration substantially all of its assets in short- designed to provide financial exposure Statement, generally, each spot foreign term securities denominated in United substantially similar to a purchase of exchange contract entered into by the States dollars and a matching notional Japanese yen, reflecting: (i) The increase Fund will require the Fund to purchase amount of spot foreign exchange or decrease in the exchange rate of the from a foreign exchange dealer selected contracts (generally required to be Japanese yen against the United States by the Investment Adviser, at a settled within two business days) to dollar and (ii) the yield of the Japanese specified purchase price expressed in purchase the Mexican peso (against yen, minus the Fund’s fees and United States dollars, a specified delivery of the United States dollar). expenses. amount of Japanese yen. The Fund will Under normal circumstances, there will According to the Registration enter into spot foreign exchange be a 1:1 ratio between the fixed income Statement, the Fund will invest in contracts only in Japanese yen and securities and spot contracts. The United States dollar denominated short- mainly for the purpose of taking long strategy of combining investments in term debt securities of varying positions in the Japanese yen. Because short-term fixed income securities and maturities and spot foreign exchange the spot foreign exchange contracts spot foreign exchange contracts is contracts in order to seek to replicate entered into by the Fund will be spot designed to provide financial exposure the daily return of the Japanese yen. The transactions and typically settle within substantially similar to a purchase of the short-term debt securities held by the two business days, in order to maintain Mexican peso, reflecting: (i) The Fund generally will consist of high exposure to the Japanese yen, the Fund increase or decrease in the exchange quality debt obligations and may will continuously enter into new spot rate of the Mexican peso against the include, but are not limited to, foreign exchange contracts by entering United States dollar and (ii) the yield of obligations issued by the U.S. into two simultaneous trades.49 The the Mexican peso, minus the Fund’s government and its agencies and Fund will not enter into forward foreign fees and expenses. instrumentalities, U.S. municipal exchange contracts.50 According to the Registration variable rate demand notes,46 U.S. According to the Investment Adviser, Statement, the Fund will invest in corporate and commercial debt the Japanese yen (‘‘JPY’’) is a free United States dollar denominated short- instruments 47 and bank notes and floating currency. The Bank of Japan is term debt securities of varying similar demand deposits. The Fund’s an independent body that carries out maturities and spot foreign exchange assets also may be invested in short- currency and monetary policy. The contracts in order to seek to replicate term debt instruments, and bank notes Japanese yen spot market is fully the daily return of the Mexican peso. and similar demand deposits convertible and tradable 24 hours a day The short-term debt securities held by denominated in the Japanese yen from without restriction. The USD/JPY the Fund generally will consist of high time to time when the Investment exchange market has deep liquidity. The quality debt obligations and may Adviser believes these debt securities average USD/JPY bid/ask spread is 1–3 include, but are not limited to, may help the Fund achieve its pips (.01–.03 JPY). The average daily obligations issued by the U.S. investment objective. All short-term trading volume for Japanese yen spot government and its agencies and debt securities acquired by the Fund transactions is $300 billion.51 The instrumentalities, U.S. municipal will be rated investment grade by at average daily volatility over the last five variable rate demand notes,53 U.S. least one nationally recognized years was 1.9879%. Trading volume in corporate and commercial debt statistical rating organization (NRSRO) USD/JPY is deep from the London open instruments 54 and bank notes, and or, if unrated, deemed by the Investment to the New York close. similar demand deposits. The Fund’s Adviser to be of equivalent quality.48 assets also may be invested in short- The Fund may also invest its assets in iShares Mexican Peso Cash Rate Fund term debt instruments and bank notes money market funds (including funds According to the Registration and similar demand deposits that are managed by the Investment Statement, the iShares Mexican Peso denominated in the Mexican peso from Adviser or one of its affiliates), cash and Cash Rate Fund will seek to provide its time to time when the Investment cash equivalents. All money market shareholders a daily return that reflects: Adviser believes these debt securities securities acquired by the Fund will be (i) The increase or decrease in the may help the Fund achieve its rated investment grade. The Fund does exchange rate of the Mexican peso investment objective. All short-term not intend to invest in any unrated against the United States dollar and (ii) debt securities acquired by the Fund money market securities. However, the the yield of the Mexican peso, minus will be rated investment grade by at Fund may do so, to a limited extent, the Fund’s fees and expenses. ‘‘Yield’’ least one NRSRO or, if unrated, deemed such as where a rated money market refers to the yield an investor would by the Investment Adviser to be of security becomes unrated, if such expect to receive if they invested in an equivalent quality.55 The Fund may also money market security is determined by overnight or similar cash or cash invest its assets in money market funds the Investment Adviser to be of equivalent investment denominated in 52 See note 9, supra. 46 See note 10, supra. 49 See note 13, supra. 53 See note 10, supra. 47 See note 11, supra. 50 See note 14, supra. 54 See note 11, supra. 48 See note 12, supra. 51 See note 15, supra. 55 See note 12, supra.

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(including funds that are managed by relatively deep from the London instrumentalities, U.S. municipal the Investment Adviser or one of its afternoon through the New York close. variable rate demand notes,60 U.S. affiliates), cash and cash equivalents. Banxico sets the fixing rate daily from corporate and commercial debt All money market securities acquired by 12 p.m. Central Standard Time onwards instruments,61 and bank notes and the Fund will be rated investment grade. by surveying at least four local banks. similar demand deposits. The Fund’s The Fund does not intend to invest in iShares New Zealand Dollar Cash Rate assets also may be invested in short- any unrated money market securities. Fund term debt instruments and bank notes However, the Fund may do so, to a and similar demand deposits limited extent, such as where a rated According to the Registration denominated in the New Zealand dollar money market security becomes Statement, the iShares New Zealand from time to time when the Investment unrated, if such money market security Dollar Cash Rate Fund will seek to Adviser believes these debt securities is determined by the Investment provide its shareholders a daily return may help the Fund achieve its Adviser to be of comparable quality. that reflects: (i) The increase or decrease investment objective. All short-term According to the Registration in the exchange rate of the New Zealand debt securities acquired by the Fund Statement, the Fund generally will dollar against the United States dollar will be rated investment grade by at maintain a weighted average portfolio and (ii) the yield of the New Zealand least one nationally recognized maturity of between 1 and 30 days and dollar, minus the Fund’s fees and statistical rating organization (NRSRO) generally will be limited to investments expenses. ‘‘Yield’’ refers to the yield an or, if unrated, deemed by the Investment with remaining maturities of 60 days or investor would expect to receive if they Adviser to be of equivalent quality.62 less. The Fund will not purchase any invested in an overnight or similar cash The Fund may also invest its assets in security with a remaining maturity of or cash equivalent investment money market funds (including funds more than 397 calendar days. denominated in New Zealand dollars. that are managed by the Investment According to the Registration The Fund also will seek to preserve Adviser or one of its affiliates), cash and Statement, generally, each spot foreign liquidity, and maintain stability of cash equivalents. All money market exchange contract entered into by the principal and preserve capital, each as securities acquired by the Fund will be Fund will require the Fund to purchase measured in New Zealand dollars. rated investment grade. The Fund does According to the Registration from a foreign exchange dealer selected not intend to invest in any unrated Statement, the Fund will be an actively by the Investment Adviser, at a money market securities. However, the managed ETF that will seek to achieve specified purchase price expressed in Fund may do so, to a limited extent, its investment objective by investing, United States dollars, a specified such as where a rated money market under normal circumstances,59 amount of Mexican pesos. The Fund security becomes unrated, if such substantially all of its assets in short- will enter into spot foreign exchange money market security is determined by contracts only in Mexican pesos and term securities denominated in United the Investment Adviser to be of mainly for the purpose of taking long States dollars and a matching notional comparable quality. According to the positions in the Mexican peso. Because amount of spot foreign exchange Registration Statement, the Fund the spot foreign exchange contracts contracts (generally required to be generally will maintain a weighted entered into by the Fund will be spot settled within two business days) to average portfolio maturity of between 1 transactions and typically settle within purchase the New Zealand dollar and 30 days and generally will be two business days, in order to maintain (against delivery of the United States limited to investments with remaining exposure to the Mexican peso, the Fund dollar). Under normal circumstances, maturities of 60 days or less. The Fund will continuously enter into new spot there will be a 1:1 ratio between the will not purchase any security with a foreign exchange contracts by entering fixed income securities and spot remaining maturity of more than 397 into two simultaneous trades.56 The contracts. The strategy of combining calendar days. Fund will not enter into forward foreign investments in short-term fixed income exchange contracts.57 securities and spot foreign exchange According to the Registration According to the Investment Adviser, contracts is designed to provide Statement, generally, each spot foreign the Mexican peso (‘‘MXN’’) is a free financial exposure substantially similar exchange contract entered into by the floating currency. Banco de Me´xico to a purchase of the New Zealand dollar, Fund will require the Fund to purchase (‘‘Banxico’’) is responsible for regulating reflecting: (i) The increase or decrease in from a foreign exchange dealer selected foreign exchange operations. It is the exchange rate of the New Zealand by the Investment Adviser, at a formally independent and follows an dollar against the United States dollar specified purchase price expressed in inflation targeting policy. The Mexican and (ii) the yield of the New Zealand United States dollars, a specified peso is fully deliverable for all types of dollar, minus the Fund’s fees and amount of New Zealand dollars. The investors. There is some overnight expenses. Fund will enter into spot foreign trading, but the vast majority of trading According to the Registration exchange contracts only in New Zealand in the Mexican peso occurs during local Statement, the Fund will invest in dollars and mainly for the purpose of hours. Mexico has the most liquid spot United States dollar denominated short- taking long positions in the New market in Latin America. The average term debt securities of varying Zealand dollar. Because the spot foreign spot transaction is $5 million. The maturities and spot foreign exchange exchange contracts entered into by the average bid/ask spread is 30–50 pips contracts in order to seek to replicate Fund will be spot transactions and (0.003–0.005 MXN). The average daily the daily return of the New Zealand typically settle within two business trading volume for Mexican peso spot dollar. The short-term debt securities days, in order to maintain exposure to transactions is $18 billion.58 The held by the Fund generally will consist the New Zealand dollar, the Fund will average daily volatility over the last five of high quality debt obligations and may continuously enter into new spot years was 2.3338%. Trading volume is include, but are not limited to, foreign exchange contracts by entering obligations issued by the U.S. 56 See note 13, supra. government and its agencies and 60 See note 10, supra. 57 See note 14, supra. 61 See note 11, supra. 58 See note 15, supra. 59 See note 9, supra. 62 See note 12, supra.

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into two simultaneous trades.63 The purchase the Norwegian krone (against average portfolio maturity of between 1 Fund will not enter into forward foreign delivery of the United States dollar). and 30 days and generally will be exchange contracts.64 Under normal circumstances, there will limited to investments with remaining According to the Investment Adviser, be a 1:1 ratio between the fixed income maturities of 60 days or less. The Fund the New Zealand Dollar (‘‘NZD’’) is a securities and spot contracts. The will not purchase any security with a freely floating currency. The Reserve strategy of combining investments in remaining maturity of more than 397 Bank of New Zealand manages short-term fixed income securities and calendar days. monetary policy to maintain price spot foreign exchange contracts is According to the Registration stability. The NZD trading day changes designed to provide financial exposure Statement, generally, each spot foreign at 7:00 a.m. New Zealand time Tuesday substantially similar to a purchase of the exchange contract entered into by the through Friday (i.e., Monday through Norwegian krone, reflecting: (i) The Fund will require the Fund to purchase Thursday, Eastern Time (‘‘E.T.’’)); increase or decrease in the exchange from a foreign exchange dealer selected Friday’s trading day for the NZD lasts rate of the Norwegian krone against the by the Investment Adviser, at a through 5:00 p.m., E.T. This is unique United States dollar and (ii) the yield of specified purchase price expressed in to this currency; the market convention the Norwegian krone, minus the Fund’s United States dollars, a specified for other currencies is to change the fees and expenses. amount of Norwegian kroner. The Fund trading day at 5:00 p.m. E.T. The New According to the Registration will enter into spot foreign exchange Zealand dollar is fully convertible and Statement, the Fund will invest in contracts only in Norwegian kroner and tradable 24 hours a day without United States dollar denominated short- mainly for the purpose of taking long restriction. The average NZD/USD bid/ term debt securities of varying positions in the Norwegian krone. ask spread is 3–5 pips (.0003–.0005 maturities and spot foreign exchange Because the spot foreign exchange USD). The average daily trading volume contracts in order to seek to replicate contracts entered into by the Fund will for New Zealand dollar spot the daily return of the Norwegian krone. be spot transactions and typically settle transactions is $22 billion.65 The The short-term debt securities held by within two business days, in order to average daily volatility over the last five the Fund generally will consist of high maintain exposure to the Norwegian years was 3.018%. Trading volume in quality debt obligations and may krone, the Fund will continuously enter NZD/USD is relatively steady from the include, but are not limited to, into new spot foreign exchange Asian open through London close. obligations issued by the U.S. contracts by entering into two Volume spikes are noted in NZD/JPY at government and its agencies and simultaneous trades.70 The Fund will the Tokyo open. AUD/NZD volumes are instrumentalities, U.S. municipal not enter into forward foreign exchange consistent during a 24 hour period in all variable rate demand notes,67 U.S. contracts.71 trading centers. corporate and commercial debt According to the Investment Adviser, instruments,68 and bank notes and the Norwegian krone (‘‘NOK’’) is a iShares Norwegian Krone Cash Rate similar demand deposits. The Fund’s floating currency. Norges Bank (the Fund assets also may be invested in short- Norwegian Central Bank) has executive According to the Registration term debt instruments and bank notes and advisory responsibilities for Statement, the iShares Norwegian Krone and similar demand deposits monetary policy and is responsible for Cash Rate Fund will seek to provide its denominated in the Norwegian krone promoting robust and efficient payment shareholders a daily return that reflects: from time to time when the Investment systems and financial markets. The (i) The increase or decrease in the Adviser believes these debt securities Norwegian krone spot market is fully exchange rate of the Norwegian krone may help the Fund achieve its convertible and tradable 24 hours a day. against the United States dollar and (ii) investment objective. All short-term EUR/NOK and NOK/Swedish krona the yield of the Norwegian krone, minus debt securities acquired by the Fund have the deepest liquidity of currency the Fund’s fees and expenses. ‘‘Yield’’ will be rated investment grade by at pairs in the Norwegian foreign exchange refers to the yield an investor would least one nationally recognized markets. The average USD/NOK bid/ask expect to receive if they invested in an statistical rating organization (NRSRO) spread is 25–45 pips (.0025–.0045 overnight or similar cash or cash or, if unrated, deemed by the Investment NOK). The average daily trading volume equivalent investment denominated in Adviser to be of equivalent quality.69 for Norwegian krone spot transactions is Norwegian krone. The Fund also will The Fund may also invest its assets in $12 billion.72 The average daily seek to preserve liquidity, and maintain money market funds (including funds volatility over the last five years was stability of principal and preserve that are managed by the Investment 2.648%. Trading volume in EUR/NOK is capital, each as measured in Norwegian Adviser or one of its affiliates), cash and relatively deep from European session kroner. cash equivalents. All money market open to the London close. Volumes are According to the Registration securities acquired by the Fund will be lighter, but well supported throughout Statement, the Fund will be an actively rated investment grade. The Fund does the New York session. High trading managed ETF that will seek to achieve not intend to invest in any unrated volume is noted in NOK/USD around its investment objective by investing, money market securities. However, the the Norges Bank fixing time (2:15 p.m. under normal circumstances,66 Fund may do so, to a limited extent, Central European Time). substantially all of its assets in short- such as where a rated money market term securities denominated in United security becomes unrated, if such iShares Singapore Dollar Cash Rate States dollars and a matching notional money market security is determined by Fund amount of spot foreign exchange the Investment Adviser to be of According to the Registration contracts (generally required to be comparable quality. According to the Statement, the iShares Singapore Dollar settled within two business days) to Registration Statement, the Fund Cash Rate Fund will seek to provide its generally will maintain a weighted shareholders a daily return that reflects: 63 See note 13, supra. 64 See note 14, supra. 67 See note 10, supra. 70 See note 13, supra. 65 See note 15, supra. 68 See note 11, supra. 71 See note 14, supra. 66 See note 9, supra. 69 See note 12, supra. 72 See note 15, supra.

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(i) The increase or decrease in the may help the Fund achieve its a day without restriction. The average exchange rate of the Singapore dollar investment objective. All short-term spot transaction is $10 million. The against the United States dollar and (ii) debt securities acquired by the Fund average bid/ask spread is 2–5 pips the yield of the Singapore dollar, minus will be rated investment grade by at (0.0002–0.0005 SGD). The average daily the Fund’s fees and expenses. ‘‘Yield’’ least one NRSRO or, if unrated, deemed trading volume for Singapore dollar spot refers to the yield an investor would by the Investment Adviser to be of transactions is $16 billion.79 The expect to receive if they invested in an equivalent quality.76 The Fund may also average daily volatility over the last five overnight or similar cash or cash invest its assets in money market funds years was 1.182%. Trading volume is equivalent investment denominated in (including funds that are managed by relatively deep from Asia open through Singapore dollars. The Fund also will the Investment Adviser or one of its London close. seek to preserve liquidity, and maintain affiliates), cash and cash equivalents. iShares Swedish Krona Cash Rate Fund stability of principal and preserve All money market securities acquired by capital, each as measured in Singapore the Fund will be rated investment grade. According to the Registration dollars. The Fund does not intend to invest in Statement, the iShares Swedish Krona According to the Registration any unrated money market securities. Cash Rate Fund will seek to provide its Statement, the Fund will be an actively However, the Fund may do so, to a shareholders a daily return that reflects: managed ETF that will seek to achieve limited extent, such as where a rated (i) The increase or decrease in the its investment objective by investing, money market security becomes exchange rate of the Swedish krona under normal circumstances,73 unrated, if such money market security against the United States dollar and (ii) substantially all of its assets in short- is determined by the Investment the yield of the Swedish krona, minus term securities denominated in United Adviser to be of comparable quality. the Fund’s fees and expenses. ‘‘Yield’’ States dollars and a matching notional According to the Registration refers to the yield an investor would amount of spot foreign exchange Statement, the Fund generally will expect to receive if they invested in an contracts (generally required to be maintain a weighted average portfolio overnight or similar cash or cash settled within two business days) to maturity of between 1 and 30 days and equivalent investment denominated in purchase the Singapore dollar (against generally will be limited to investments Swedish krona. The Fund also will seek delivery of the United States dollar). with remaining maturities of 60 days or to preserve liquidity, and maintain Under normal circumstances, there will less. The Fund will not purchase any stability of principal and preserve be a 1:1 ratio between the fixed income security with a remaining maturity of capital, each as measured in Swedish securities and spot contracts. The more than 397 calendar days. kronor. strategy of combining investments in According to the Registration According to the Registration short-term fixed income securities and Statement, generally, each spot foreign Statement, the Fund will be an actively spot foreign exchange contracts is exchange contract entered into by the managed ETF that will seek to achieve designed to provide financial exposure Fund will require the Fund to purchase its investment objective by investing, substantially similar to a purchase of the from a foreign exchange dealer selected under normal circumstances,80 Singapore dollar, reflecting: (i) The by the Investment Adviser, at a substantially all of its assets in short- increase or decrease in the exchange specified purchase price expressed in term securities denominated in United rate of the Singapore dollar against the United States dollars, a specified States dollars and a matching notional United States dollar and (ii) the yield of amount of Singapore dollars. The Fund amount of spot foreign exchange the Singapore dollar, minus the Fund’s will enter into spot foreign exchange contracts (generally required to be fees and expenses. contracts only in Singapore dollars and settled within two business days) to According to the Registration mainly for the purpose of taking long purchase the Swedish krona (against Statement, the Fund will invest in positions in the Singapore dollar. delivery of the United States dollar). United States dollar denominated short- Because the spot foreign exchange Under normal circumstances, there will term debt securities of varying contracts entered into by the Fund will be a 1:1 ratio between the fixed income maturities and spot foreign exchange be spot transactions and typically settle securities and spot contracts. The contracts in order to seek to replicate within two business days, in order to strategy of combining investments in the daily return of the Singapore dollar. maintain exposure to the Singapore short-term fixed income securities and The short-term debt securities held by dollar, the Fund will continuously enter spot foreign exchange contracts is the Fund generally will consist of high into new spot foreign exchange designed to provide financial exposure quality debt obligations and may contracts by entering into two substantially similar to a purchase of the include, but are not limited to, simultaneous trades.77 The Fund will Swedish krona, reflecting: (i) The obligations issued by the U.S. not enter into forward foreign exchange increase or decrease in the exchange government and its agencies and contracts.78 rate of the Swedish krona against the instrumentalities, U.S. municipal According to the Investment Adviser, United States dollar and (ii) the yield of variable rate demand notes,74 U.S. the Singapore dollar floats within an the Swedish krona, minus the Fund’s corporate and commercial debt undisclosed crawling target band set fees and expenses. instruments,75 and bank notes and against a trade-weighted basket of According to the Registration similar demand deposits. The Fund’s currencies. It is fully convertible and Statement, the Fund will invest in assets also may be invested in short- deliverable. The Monetary Authority of United States dollar denominated short- term debt instruments and bank notes Singapore has considerable operational term debt securities of varying and similar demand deposits independence in acting as the central maturities and spot foreign exchange denominated in the Singapore dollar bank, although it is not independent. contracts in order to seek to replicate from time to time when the Investment The Singapore dollar spot market is the daily return of the Swedish krona. Adviser believes these debt securities fully convertible and tradable 24 hours The short-term debt securities held by the Fund generally will consist of high 73 See note 9, supra. 76 See note 12, supra. 74 See note 10, supra. 77 See note 13, supra. 79 See note 15, supra. 75 See note 11, supra. 78 See note 14, supra. 80 See note 9, supra.

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quality debt obligations and may entering into two simultaneous trades.84 or decrease in the exchange rate of the include, but are not limited to, The Fund will not enter into forward Swiss franc against the United States obligations issued by the U.S. foreign exchange contracts.85 dollar and (ii) the yield of the Swiss government and its agencies and According to the Investment Adviser, franc, minus the Fund’s fees and instrumentalities, U.S. municipal the Swedish krona (‘‘SEK’’) is a floating expenses. variable rate demand notes,81 U.S. currency. The independent Riksbank According to the Registration corporate and commercial debt (the Swedish Central Bank) is Statement, the Fund will invest in instruments,82 and bank notes and responsible for monetary policy with United States dollar denominated short- similar demand deposits. The Fund’s the objective of maintaining price term debt securities of varying assets also may be invested in short- stability. The Swedish krona spot maturities and spot foreign exchange term debt instruments and bank notes market is fully convertible and tradable contracts in order to seek to replicate and similar demand deposits 24 hours a day. EUR/SEK and NOK/SEK the daily return of the Swiss franc. The denominated in the Swedish krona from have deep liquidity. The average USD/ short-term debt securities held by the time to time when the Investment SEK bid/ask spread is 25–40 pips Fund generally will consist of high Adviser believes these debt securities (.0025–.0040 SEK). The average daily quality debt obligations and may may help the Fund achieve its trading volume for Swedish krona spot include, but are not limited to, investment objective. All short-term transactions is $19 billion.86 The obligations issued by the U.S. debt securities acquired by the Fund average daily volatility over the last five government and its agencies and will be rated investment grade by at years was 2.736%. Trading volume is instrumentalities, U.S. municipal least one NRSRO or, if unrated, deemed heaviest during the European session. variable rate demand notes,88 U.S. by the Investment Adviser to be of Volumes are lighter, but well supported corporate and commercial debt equivalent quality.83 The Fund may also throughout the New York session. instruments,89 and bank notes and invest its assets in money market funds similar demand deposits. The Fund’s iShares Swiss Franc Cash Rate Fund (including funds that are managed by assets also may be invested in short- the Investment Adviser or one of its According to the Registration term debt instruments and bank notes affiliates), cash and cash equivalents. Statement, the iShares Swiss Franc Cash and similar demand deposits All money market securities acquired by Rate Fund will seek to provide its denominated in the Swiss franc from the Fund will be rated investment grade. shareholders a daily return that reflects: time to time when the Investment The Fund does not intend to invest in (i) The increase or decrease in the Adviser believes these securities may any unrated money market securities. exchange rate of the Swiss franc against help the Fund to achieve its investment However, the Fund may do so, to a the United States dollar and (ii) the objective. All short-term debt securities limited extent, such as where a rated yield of the Swiss franc, minus the acquired by the Fund will be rated money market security becomes Fund’s fees and expenses. ‘‘Yield’’ refers investment grade by at least one NRSRO unrated, if such money market security to the yield an investor would expect to or, if unrated, deemed by the Investment is determined by the Investment receive if they invested in an overnight Adviser to be of equivalent quality.90 Adviser to be of comparable quality. or similar cash or cash equivalent The Fund may also invest its assets in According to the Registration investment denominated in Swiss money market funds (including funds Statement, the Fund generally will francs. The Fund also will seek to that are managed by the Investment maintain a weighted average portfolio preserve liquidity, and maintain Adviser or one of its affiliates), cash and maturity of between 1 and 30 days and stability of principal and preserve cash equivalents. All money market generally will be limited to investments capital, each as measured in Swiss securities acquired by the Fund will be with remaining maturities of 60 days or francs. rated investment grade. The Fund does less. The Fund will not purchase any According to the Registration not intend to invest in any unrated security with a remaining maturity of Statement, the Fund will be an actively money market securities. However, the more than 397 calendar days. managed ETF that will seek to achieve Fund may do so, to a limited extent, According to the Registration its investment objective by investing, such as where a rated money market Statement, generally, each spot foreign under normal circumstances,87 security becomes unrated, if such exchange contract entered into by the substantially all of its assets in short- money market security is determined by Fund will require the Fund to purchase term securities denominated in United the Investment Adviser to be of from a foreign exchange dealer selected States dollars and a matching notional comparable quality. by the Investment Adviser, at a amount of spot foreign exchange According to the Registration specified purchase price expressed in contracts (generally required to be Statement, the Fund generally will United States dollars, a specified settled within two business days) to maintain a weighted average portfolio amount of Swedish kronor. The Fund purchase the Swiss franc (against maturity of between 1 and 30 days and will enter into spot foreign exchange delivery of the United States dollar). generally will be limited to investments contracts only in Swedish kronor and Under normal circumstances, there will with remaining maturities of 60 days or mainly for the purpose of taking long be a 1:1 ratio between the fixed income less. The Fund will not purchase any positions in the Swedish krona. Because securities and spot contracts. The security with a remaining maturity of the spot foreign exchange contracts strategy of combining investments in more than 397 calendar days. entered into by the Fund will be spot short-term fixed income securities and According to the Registration transactions and typically settle within spot foreign exchange contracts is Statement, generally, each spot foreign two business days, in order to maintain designed to provide financial exposure exchange contract entered into by the exposure to the Swedish krona, the substantially similar to a purchase of the Fund will require the Fund to purchase Fund will continuously enter into new Swiss franc, reflecting: (i) The increase from a foreign exchange dealer selected spot foreign exchange contracts by by the Investment Adviser, at a 84 See note 13, supra. 81 See note 10, supra. 85 See note 14, supra. 88 See note 10, supra. 82 See note 11, supra. 86 See note 15, supra. 89 See note 11, supra. 83 See note 12, supra. 87 See note 9, supra. 90 See note 12, supra.

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specified purchase price expressed in substantially all of its assets in short- The Fund does not intend to invest in United States dollars, a specified term securities denominated in United any unrated money market securities. amount of Swiss francs. The Fund will States dollars and a matching notional However, the Fund may do so, to a enter into spot foreign exchange amount of spot foreign exchange limited extent, such as where a rated contracts only in Swiss francs and contracts (generally required to be money market security becomes mainly for the purpose of taking long settled within two business days) to unrated, if such money market security positions in the Swiss franc. Because purchase the Thai offshore baht (against is determined by the Investment the spot foreign exchange contracts delivery of the United States dollar). Adviser to be of comparable quality. entered into by the Fund will be spot Under normal circumstances, there will transactions and typically settle within be a 1:1 ratio between the fixed income According to the Registration two business days, in order to maintain securities and spot contracts. The Thai Statement, the Fund generally will exposure to the Swiss franc, the Fund onshore baht is the everyday currency maintain a weighted average portfolio will continuously enter into new spot used to purchase goods and services in maturity of between 1 and 30 days and foreign exchange contracts by entering Thailand. The Thai offshore baht is the generally will be limited to investments into two simultaneous trades.91 The foreign exchange currency for Thailand; with remaining maturities of 60 days or Fund will not enter into forward foreign offshore banks cannot exchange Thai less. The Fund will not purchase any exchange contracts.92 onshore baht for foreign currency. The security with a remaining maturity of According to the Investment Adviser, strategy of combining investments in more than 397 calendar days. the Swiss franc (‘‘CHF’’) is a floating short-term fixed income securities and According to the Registration currency. The Swiss National Bank spot foreign exchange contracts is Statement, generally, each spot foreign conducts the country’s monetary policy designed to provide financial exposure exchange contract entered into by the as an independent central bank. Its substantially similar to a purchase of the Fund will require the Fund to purchase primary goal is to ensure price stability, Thai offshore baht, reflecting: (i) The from a foreign exchange dealer selected while taking due account of economic increase or decrease in the exchange by the Investment Adviser, at a rate of the Thai offshore baht against the developments. The Swiss franc spot specified purchase price expressed in United States dollar and (ii) the yield of market is fully convertible and tradable United States dollars, a specified the Thai offshore baht, minus the 24 hours a day without restriction. The amount of Thai offshore baht. The Fund Swiss franc is traditionally considered a Fund’s fees and expenses. will enter into spot foreign exchange safe haven currency. The average USD/ According to the Registration contracts only in Thai offshore baht and CHF bid/ask spread is 2–5 pips (.0002– Statement, the Fund will invest in mainly for the purpose of taking long .0005 CHF). The average daily trading United States dollar denominated short- positions in the Thai offshore baht. volume for Swiss franc spot transactions term debt securities of varying Because the spot foreign exchange is $92 billion.93 The average daily maturities and spot foreign exchange volatility over the last five years was contracts in order to seek to replicate contracts entered into by the Fund will 2.3123%. Trading volume in USD/CHF the daily return of the Thai offshore be spot transactions and typically settle is deep during the London session, and baht. The short-term debt securities held within two business days, in order to there is high currency flow around the by the Fund generally will consist of maintain exposure to the Thai offshore London fixing and London close. high quality debt obligations and may baht, the Fund will continuously enter include, but are not limited to, into new spot foreign exchange iShares Thai Offshore Baht Cash Rate obligations issued by the U.S. contracts by entering into two Fund government and its agencies and simultaneous trades.98 The Fund will According to the Registration instrumentalities, U.S. municipal not enter into forward foreign exchange Statement, the iShares Thai Offshore variable rate demand notes,95 U.S. contracts.99 Baht Cash Rate Fund will seek to corporate and commercial debt 96 According to the Investment Adviser, provide its shareholders a daily return instruments and bank notes and the Thai baht (‘‘THB’’) is a managed similar demand deposits. The Fund’s that reflects: (i) The increase or decrease floating currency. It is deliverable and assets also may be invested in short- in the exchange rate of the Thai offshore convertible. The Bank of Thailand term debt instruments, and bank notes baht against the United States dollar and (‘‘BoT’’) sets and implements monetary and similar demand deposits (ii) the yield of the Thai offshore baht, policy. The foreign exchange market is minus the Fund’s fees and expenses. denominated in the Thai offshore baht from time to time when the Investment the most competitive financial ‘‘Yield’’ refers to the yield an investor instrument market in Thailand. The BoT would expect to receive if they invested Adviser believes these debt securities may help the Fund achieve its has important influence over the size in an overnight or similar cash or cash and liquidity of the market due to equivalent investment denominated in investment objective. All short-term onshore-offshore currency regulations. Thai offshore baht. The Fund also will debt securities acquired by the Fund The average offshore spot transaction is seek to preserve liquidity, and maintain will be rated investment grade by at $3 million. The average bid/ask spread stability of principal and preserve least one NRSRO or, if unrated, deemed is 1 pip (0.01 THB). The average daily capital, each as measured in Thai by the Investment Adviser to be of equivalent quality.97 The Fund may also trading volume for Thai baht spot offshore bahts. 100 According to the Registration invest its assets in money market funds transactions is $3 billion. The average Statement, the Fund will be an actively (including funds that are managed by daily volatility over the last five years managed ETF that will seek to achieve the Investment Adviser or one of its was 0.976%. Trading volume is its investment objective by investing, affiliates), cash and cash equivalents. relatively deep from 9:00 a.m. to 4:00 under normal circumstances,94 All money market securities acquired by p.m. Bangkok local time (Greenwich the Fund will be rated investment grade. Mean Time plus seven hours). 91 See note 13, supra. 92 See note 14, supra. 95 See note 10, supra. 98 See note 13, supra. 93 See note 15, supra. 96 See note 11, supra. 99 See note 14, supra. 94 See note 9, supra. 97 See note 12, supra. 100 See note 15, supra.

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iShares Turkish Lira Cash Rate Fund and similar demand deposits emerging markets, and has an Interbank According to the Registration denominated in the Turkish lira from minimum transaction size of $1,000. Statement, the iShares Turkish Lira time to time when the Investment The average spot transaction is $1 Cash Rate Fund will seek to provide its Adviser believes these debt securities million. The average bid/ask spread is 5 shareholders a daily return that reflects: may help the Fund achieve its pips (0.0005 TRY). The average daily (i) The increase or decrease in the investment objective. All short-term trading volume for Turkish lira spot 107 exchange rate of the Turkish lira against debt securities acquired by the Fund transactions is $8 billion. The average the United States dollar and (ii) the will be rated investment grade by at daily volatility over the last five years yield of the Turkish lira, minus the least one NRSRO or, if unrated, deemed was 2.579%. Emerging European Fund’s fees and expenses. ‘‘Yield’’ refers by the Investment Adviser to be of currencies such as the Turkish lira are 104 to the yield an investor would expect to equivalent quality. The Fund may supported by the major global banks and receive if they invested in an overnight also invest its assets in money market liquidity providers. Trading volume is or similar cash or cash equivalent funds (including funds that are managed deepest throughout the European investment denominated in Turkish lira. by the Investment Adviser or one of its trading session. affiliates), cash and cash equivalents. The Fund also will seek to preserve Other Investments liquidity, and maintain stability of All money market securities acquired by According to the Registration principal and preserve capital, each as the Fund will be rated investment grade. Statement, in addition to the principal measured in Turkish lira. The Fund does not intend to invest in According to the Registration any unrated money market securities. investments described above, each Fund Statement, the Fund will be an actively However, the Fund may do so, to a will invest in other short-term managed ETF that will seek to achieve limited extent, such as where a rated instruments, including other money its investment objective by investing, money market security becomes market instruments, on an ongoing basis under normal circumstances,101 unrated, if such money market security to provide liquidity or for other reasons. While each Fund may invest in substantially all of its assets in short- is determined by the Investment money market instruments as part of its term securities denominated in United Adviser to be of comparable quality. principal investment strategies, the States dollars and a matching notional According to the Registration Investment Adviser expects that, under amount of spot foreign exchange Statement, the Fund generally will normal circumstances, each Fund also contracts (generally required to be maintain a weighted average portfolio intends to invest in money market settled within two business days) to maturity of between 1 and 30 days and securities (as described below) in a purchase the Turkish lira (against generally will be limited to investments manner consistent with its investment delivery of the United States dollar). with remaining maturities of 60 days or objective in order to help manage cash Under normal circumstances, there will less. The Fund will not purchase any flows in and out of the Fund, such as be a 1:1 ratio between the fixed income security with a remaining maturity of in connection with payment of securities and spot contracts. The more than 397 calendar days. dividends or expenses, and to satisfy strategy of combining investments in According to the Registration margin requirements, or to provide short-term fixed income securities and Statement, generally, each spot foreign collateral. For the Funds’ purposes, spot foreign exchange contracts is exchange contract entered into by the money market securities include: short- designed to provide financial exposure Fund will require the Fund to purchase term, high-quality obligations issued or substantially similar to a purchase of the from a foreign exchange dealer selected guaranteed by the U.S. Treasury or the Turkish lira, reflecting: (i) The increase by the Investment Adviser, at a agencies or instrumentalities of the U.S. or decrease in the exchange rate of the specified purchase price expressed in government; short-term, high-quality Turkish lira against the United States United States dollars, a specified securities issued or guaranteed by non- dollar and (ii) the yield of the Turkish amount of Turkish lira. The Fund will U.S. governments, agencies and lira, minus the Fund’s fees and enter into spot foreign exchange instrumentalities; non-convertible expenses. contracts only in Turkish lira and According to the Registration mainly for the purpose of taking long corporate debt securities with remaining Statement, the Fund will invest in positions in the Turkish lira. Because maturities of not more than 397 days United States dollar denominated short- the spot foreign exchange contracts that satisfy ratings requirements under term debt securities of varying entered into by the Fund will be spot Rule 2a–7 of the 1940 Act; repurchase maturities and spot foreign exchange transactions and typically settle within agreements backed by U.S. government contracts in order to seek to replicate two business days, in order to maintain securities; money market mutual funds; the daily return of the Turkish lira. The exposure to the Turkish lira, the Fund commercial paper; U.S. municipal short-term debt securities held by the will continuously enter into new spot variable rate demand notes and deposits Fund generally will consist of high foreign exchange contracts by entering and other obligations of U.S. and non- quality debt obligations and may into two simultaneous trades.105 The U.S. banks and financial institutions. include, but are not limited to, Fund will not enter into forward foreign All money market securities acquired by obligations issued by the U.S. exchange contracts.106 the Funds will be rated investment government and its agencies and According to the Investment Adviser, grade. The Funds do not intend to instrumentalities, U.S. municipal the Turkish lira (‘‘TRY’’) is a managed invest in any unrated money market variable rate demand notes,102 U.S. freely floating currency, and is freely securities. However, a Fund may do so, corporate and commercial debt convertible. The Central Bank of the to a limited extent, such as where a instruments 103 and bank notes, and Republic of Turkey is responsible for rated money market security becomes similar demand deposits. The Fund’s carrying out the government’s monetary unrated, if such money market security assets also may be invested in short- policy. Turkey’s spot transactions is determined by the Investment term debt instruments and bank notes market is one of the most liquid in the Adviser to be of comparable quality. According to the Registration 101 See note 9, supra. 104 See note 12, supra. Statement, each Fund may hold up to 102 See note 10, supra. 105 See note 13, supra. 103 See note 11, supra. 106 See note 14, supra. 107 See note 15, supra.

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15% of its net assets in securities that futures contracts or swap agreements.111 less total liabilities) by the total number are illiquid (calculated at the time of Each Fund’s investments will be of outstanding Shares of the Fund, investment), including Rule 144A consistent with the Fund’s investment generally rounded to the nearest cent. 108 Securities. The aggregate value of all objective and will not be used to The value of the securities and other of a Fund’s illiquid securities and Rule enhance leverage. assets and liabilities held by each Fund, The Shares will conform to the initial 144A Securities shall not exceed 15% of are determined pursuant to valuation and continued listing criteria under a Fund’s total assets. Each Fund will policies and procedures approved by monitor its portfolio liquidity on an NYSE Arca Equities Rule 8.600. Consistent with NYSE Arca Equities the Trust’s Board of Trustees (the ongoing basis to determine whether, in ‘‘Board’’). light of current circumstances, an Rule 8.600(d)(2)(B)(ii), the Investment adequate level of liquidity is being Adviser will implement and maintain, Generally, trading in non-U.S. maintained, and will consider taking or be subject to, procedures designed to securities, U.S. government securities, appropriate steps in order to maintain prevent the use and dissemination of money market instruments and certain adequate liquidity if, through a change material non-public information fixed-income securities is substantially in values, net assets, or other regarding the actual components of the completed each day at various times circumstances, more than 15% of the Funds’ portfolios. The Exchange prior to the close of business on the Fund’s net assets are held in illiquid represents that, for initial and/or NYSE. The values of such securities securities. continued listing, the Funds will be in used in computing the NAV of the compliance with Rule 10A–3 112 under According to the Registration Funds will be determined as of such the Exchange Act, as provided by NYSE Statement, a Fund may not concentrate times. Non-U.S. securities held by the Arca Equities Rule 5.3. A minimum of its investments (i.e., invest 25% or more Funds may trade on weekends or other 100,000 Shares will be outstanding at of its total assets in the securities of a days when the Funds do not price their the commencement of trading on the particular industry or industry Shares. As a result, the NAV of the Exchange. The Exchange will obtain a group),109 provided that this restriction Funds may change on days when representation from the issuer of the authorized participants will not be able does not limit a Fund’s: (i) Investments Shares that the net asset value per Share in its FX Base Currency, (ii) investments to purchase or redeem Fund Shares, as (‘‘NAV’’) 113 will be calculated daily and described below. in securities of other investment that the NAV and the Disclosed companies, (iii) investments in Portfolio as defined in NYSE Arca When market quotations are not securities issued or guaranteed by the Equities Rule 8.600(c)(2) will be made readily available or are believed by the U.S. government, its agencies or available to all market participants at Investment Adviser to be unreliable, instrumentalities, certificates of deposit, the same time. each Fund’s investments will be valued and bankers’ acceptances, (iv) at fair value.114 Fair value investments in repurchase agreements Determination of Net Asset Value determinations will be made by the collateralized by U.S. government According to the Registration Investment Adviser in accordance with securities, or (v) investments in U.S. Statement, the NAV for each Fund policies and procedures approved by municipal securities. normally will be determined once daily the Funds’ Board. The Investment Each Fund intends to qualify as a Monday through Friday, generally as of Adviser may conclude that a market regulated investment company under the regularly scheduled close of quotation is not readily available or is Subchapter M of Subtitle A, Chapter 1, business of the New York Stock unreliable if a security or other asset or of the Internal Revenue Code.110 The Exchange (‘‘NYSE’’) (normally 4:00 p.m. liability does not have a price source Funds will not invest in any non-U.S E.T.) on each day that the NYSE is open due to its lack of liquidity, if a market registered equity securities. The Funds for trading, based on prices at the time quotation differs significantly from will not invest in options contracts, of closing provided that (a) any Fund recent price quotations or otherwise no assets or liabilities denominated in longer appears to reflect fair value, 108 The Commission has stated that long-standing currencies other than the United States where the security or other asset or Commission guidelines have required open-end dollar will be translated into United liability is thinly traded, or where there funds to hold no more than 15% of their net assets States dollars at the prevailing market is a significant event subsequent to the in illiquid securities and other illiquid assets. See Investment Company Act Release No. 28193 (March rates on the date of valuation as quoted most recent market quotation. A 11, 2008), 73 FR 14618 (March 18, 2008), footnote by one or more data service providers ‘‘significant event’’ is an event that, in 34. See also Investment Company Act Release No. and (b) U.S. fixed-income assets may be the judgment of the Investment Adviser, 5847 (October 21, 1969), 35 FR 19989 (December valued as of the announced closing time is likely to cause a material change to 31, 1970) (Statement Regarding ‘‘Restricted Securities’’); Investment Company Act Release No. for trading in fixed-income instruments the closing market price of the asset or 18612 (March 12, 1992), 57 FR 9828 (March 20, in a particular market or exchange. The liability held by a Fund. Non-U.S. 1992) (Revisions of Guidelines to Form N–1A). A NAV of each Fund will be calculated by securities or other instruments whose fund’s portfolio security is illiquid if it cannot be dividing the value of the net assets of a values are affected by volatility that disposed of in the ordinary course of business within seven days at approximately the value Fund (i.e., the value of its total assets occurs in U.S. markets on a trading day ascribed to it by the fund. See Investment Company Act Release No. 14983 (March 12, 1986), 51 FR 111 The Investment Adviser believes that the 114 According to the Registration Statement, fair 9773 (March 21, 1986) (adopting amendments to foreign exchange contracts entered into by the value represents a good faith approximation of the Rule 2a–7 under the 1940 Act); Investment Funds are properly characterized as ‘‘spot’’ foreign value of an asset or liability. The fair value of an Company Act Release No. 17452 (April 23, 1990), exchange transactions as of the date of this filing. asset or liability held by a Fund is the amount the 55 FR 17933 (April 30, 1990) (adopting Rule 144A However, legal requirements and interpretations Fund might reasonably expect to receive from the under the 1933 Act). surrounding such transactions may change, which current sale of that asset or the cost to extinguish 109 See Form N–1A, Item 9. The Commission has may lead market participants such as the Funds’ that liability in an arm’s-length transaction. Valuing taken the position that a fund is concentrated if it foreign exchange counterparties to characterize a Fund’s investments using fair value pricing will invests more than 25% of the value of its total such transactions as swap agreements. result in prices that may differ from current market assets in any one industry. See, e.g., Investment 112 17 CFR 240.10A–3. valuations and that may not be the prices at which Company Act Release No. 9011 (October 30, 1975), 113 For more information regarding the valuation those investments could have been sold during the 40 FR 54241 (November 21, 1975). of Fund investments in calculating a Fund’s NAV, period in which the particular fair values were 110 26 U.S.C. 851. see the Registration Statement. used.

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after the close of non-U.S. securities information as of the end of the All terms relating to the Funds that are markets may be fair valued. previous business day for each Fund. referred to but not defined in this The value of assets or liabilities Shares may be purchased or redeemed proposed rule change are defined in the denominated in foreign currencies will only by or through a Depository Trust Registration Statement. be converted into United States dollars Company participant that has entered Availability of Information using prevailing or generally accepted into an Authorized Purchaser exchange rates. Agreement with the Distributor. The Funds’ Web site To initiate an order for Shares or to (www.iShares.com), which will be Creations and Redemptions of Shares submit a request to redeem Shares of a publicly available prior to the public According to the Registration Fund (except the iShares New Zealand offering of Shares, will include a form Statement, the Trust will issue and Dollar Cash Rate Fund), an authorized of the prospectus for the Funds that may redeem Shares of each Fund on a participant must submit to the be downloaded. The Funds’ Web site continuous basis only in large specified Distributor or its agent an irrevocable will include additional quantitative numbers of Shares through the order to purchase or redeem Shares of information updated on a daily basis, Distributor or its agent, without a sales a Fund generally before 4:00 p.m. E.T. including, for the Funds, (1) the prior load, at a price based on the Fund’s on any business day to receive that business day’s reported closing price, NAV next determined after receipt, on day’s NAV. To initiate an order for NAV and mid-point of the bid/ask any business day, of an order received Shares or to submit a request to redeem spread at the time of calculation of such by the Distributor or its agent in proper Shares of the iShares New Zealand NAV (the ‘‘Bid/Ask Price’’),116 and a form. The Funds generally will offer and Dollar Cash Rate Fund, an authorized calculation of the premium and redeem Shares solely for cash. However, participant must submit to the discount of the Bid/Ask Price against each Fund may also accept securities in Distributor or its agent an irrevocable the NAV, and (2) data in chart format lieu of cash at the discretion of the Fund order to purchase or redeem Shares of displaying the frequency distribution of (‘‘Deposit Securities’’).115 a Fund generally before 7:00 a.m., New discounts and premiums of the daily The consideration for purchase of Zealand Time on any business day to Bid/Ask Price against the NAV, within Shares of a Fund will generally consist receive that day’s NAV. appropriate ranges, for each of the four of an amount of cash equal in value to To purchase Shares of a Fund, the previous calendar quarters. the holdings of the Fund in exchange for authorized participant must make On each business day, before a specified number of Fund Shares available on or before the contractual commencement of trading in Shares in (which must be equal to or greater than settlement date, by means satisfactory to the Core Trading Session (9:30 a.m. E.T. the Fund’s ‘‘Minimum Subscription a Fund, cash in immediately available to 4:00 p.m. E.T.) on the Exchange, the Size’’). It is currently anticipated that or same day funds estimated by a Fund Funds will disclose on the Minimum Subscription Size for the to be sufficient to pay the Fund Deposit www.iShares.com the identities and Funds will generally be 50,000 Shares (exclusive of any Deposit Securities) quantities of the Funds’ portfolio (although may range from 25,000 to next determined after acceptance of the holdings that will form the basis for the 100,000 Shares, representing Minimum purchase order, together with the Funds’ calculation of NAV at the end of Subscription Sizes ranging from $1.25 applicable transaction fees. the business day.117 million to $10 million, and may vary Shares of a Fund may be redeemed by On a daily basis, the Funds will from Fund to Fund), though the number authorized participants only in disclose on www.iShares.com for each may change from time to time, aggregations equal to or greater than portfolio security and other financial including prior to the listing of the such Fund’s Minimum Subscription instrument of the Funds the following Funds. The exact number of Shares that Size at their NAV next determined after information: ticker symbol (if will constitute each Fund’s Minimum receipt of a redemption request in applicable), name of securities and Subscription Size will be disclosed in proper form by the Distributor or its financial instruments, number of shares the Registration Statement of the Fund. agent and only on a business day. The or dollar value of securities and In the case of an in-kind transaction, the Trust may, in its sole discretion, financial instruments held in the Investment Adviser will make available substitute a ‘‘cash in lieu’’ amount to portfolio, and percentage weighting of through the Cu¨ rex Group’s technology replace any Fund Security. the securities and financial instruments platform on each business day prior to For all cash redemptions, a Fund will in the portfolio. The Web site the opening of business on the deliver cash to the authorized information will be publicly available at Exchange, (1) the list of names and the participant equal to the NAV of the no charge. In addition, intra-day, closing required number of shares of each Shares being redeemed. If redemptions and settlement prices or other values of Deposit Security and the amount of cash are not paid in cash, the redemption the debt securities, fixed income necessary to purchase the shares proceeds for Shares generally will instruments, and other investments held (together, the cash and any Deposit consist of Fund Securities, plus an by the Funds are also generally readily Securities are referred to herein as the amount equal to the difference between available from the national securities ‘‘Fund Deposit’’), and (2) the designated the NAV of the Shares being redeemed, exchanges trading such securities, portfolio of securities that will be as next determined after the receipt of applicable (subject to possible a redemption request in proper form, 116 The Bid/Ask Price of a Fund will be amendment or correction) to and the value of Fund Securities (the determined using the midpoint of the highest bid and the lowest offer on the Exchange as of the time redemption requests received in proper ‘‘Cash Amount’’), less a redemption transaction fee. of calculation of the Fund’s NAV. The records form on that day (‘‘Fund Securities’’), relating to Bid/Ask Prices will be retained by each Additional information regarding the and an amount of cash applicable to a Fund and its service providers. Trust, the Funds and the Shares, 117 redemption (the ‘‘Cash Amount,’’ as Under accounting procedures followed by the including investment strategies, risks, Funds, trades made on the prior business day (‘‘T’’) described below), in each case based on creation and redemption procedures, will be booked and reflected in NAV on the current business day (‘‘T+1’’). Accordingly, a Fund will be 115 According to the Fund, the Deposit Securities fees, portfolio holdings, disclosure able to disclose at the beginning of the business day would be composed of United States dollar- policies, distributions and taxes is the portfolio that will form the basis for the NAV denominated money market instruments. included in the Registration Statement. calculation at the end of the business day.

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automated quotation systems, published dissemination of the IOPV, together Surveillance or other public sources, or on-line with the Disclosed Portfolio, will allow The Exchange represents that trading information services such as Bloomberg investors to determine the value of the in the Shares will be subject to the or Reuters. Foreign currency exchange underlying portfolio of the Funds on a existing trading surveillances, rates are generally readily available from daily basis and to provide a close administered by the Financial Industry on-line information services such as estimate of that value throughout the Regulatory Authority (‘‘FINRA’’) on Bloomberg or Reuters. trading day. The intra-day, closing and behalf of the Exchange, which are In addition, a basket composition file, settlement prices or other values of the designed to detect violations of which includes the security names and portfolio securities and other Fund Exchange rules and applicable federal share quantities, if applicable, required investments are also generally readily securities laws.121 The Exchange to be delivered in exchange for a Fund’s available from the national securities represents that these procedures are Shares, together with estimates and exchanges trading such securities, adequate to properly monitor Exchange actual cash components, will be automated quotation systems, published trading of the Shares in all trading publicly disseminated daily prior to the or other public sources, or on-line sessions and to deter and detect opening of the NYSE via the National information services such as Bloomberg violations of Exchange rules and Securities Clearing Corporation. The or Reuters. applicable federal securities laws. NAV of the Funds will normally be Trading Halts The surveillances referred to above determined as of the close of the regular generally focus on detecting securities trading session on the NYSE (ordinarily With respect to trading halts, the trading outside their normal patterns, 4:00 p.m. E.T.) on each business day. Exchange may consider all relevant which could be indicative of Investors can also obtain the Trust’s factors in exercising its discretion to manipulative or other violative activity. Statement of Additional Information halt or suspend trading in the Shares of When such situations are detected, 120 (‘‘SAI’’), the Funds’ Shareholder the Funds. Trading in Shares of a surveillance analysis follows and Reports, and their Form N–CSR and Fund will be halted if the circuit breaker investigations are opened, where Form N–SAR, filed twice a year. The parameters in NYSE Arca Equities Rule appropriate, to review the behavior of Trust’s SAI and Shareholder Reports 7.12 have been reached. Trading also all relevant parties for all relevant will be available free upon request from may be halted because of market trading violations. FINRA, on behalf of the Trust, and those documents and the conditions or for reasons that, in the the Exchange, will communicate as Form N–CSR and Form N–SAR may be view of the Exchange, make trading in needed regarding trading in the Shares viewed on-screen or downloaded from the Shares inadvisable. These may with other markets that are members of the Commission’s Web site at include: (1) The extent to which trading the Intermarket Surveillance Group www.sec.gov. Information regarding is not occurring in the securities and/or (‘‘ISG’’) or with which the Exchange has market price and trading volume of the the financial instruments comprising in place a comprehensive surveillance Shares will be continually available on the Disclosed Portfolio of the relevant sharing agreement.122 a real-time basis throughout the day on Fund; or (2) whether other unusual In addition, the Exchange also has a brokers’ computer screens and other conditions or circumstances detrimental general policy prohibiting the electronic services. Information to the maintenance of a fair and orderly distribution of material, non-public regarding the previous day’s closing market are present. Trading in the information by its employees. Shares will be subject to NYSE Arca price and trading volume information Information Bulletin for the Shares will be published daily in Equities Rule 8.600(d)(2)(D), which sets the financial section of newspapers. forth circumstances under which Shares Prior to the commencement of Quotation and last sale information for of a Fund may be halted. trading, the Exchange will inform its the Shares will be available via the Trading Rules Equity Trading Permit Holders (‘‘ETP Consolidated Tape Association (‘‘CTA’’) Holders’’) in an Information Bulletin The Exchange deems the Shares to be high-speed line. (‘‘Bulletin’’) of the special equity securities, thus rendering trading In addition, the Indicative Optimized characteristics and risks associated with in the Shares subject to the Exchange’s trading the Shares. Specifically, the Portfolio Value (‘‘IOPV’’),118 which is existing rules governing the trading of Bulletin will discuss the following: (1) the Portfolio Indicative Value as defined equity securities. Shares will trade on The procedures for purchases and in NYSE Arca Equities Rule 8.600 (c)(3), the NYSE Arca Marketplace from 4 a.m. redemptions of Shares in aggregations will be widely disseminated at least to 8 p.m. E.T. in accordance with NYSE equal to or greater than the relevant every 15 seconds during the Core Arca Equities Rule 7.34 (Opening, Core, Fund’s Minimum Subscription Size Trading Session by one or more major and Late Trading Sessions). The (and that Shares are not individually market data vendors.119 The Exchange has appropriate rules to redeemable); (2) NYSE Arca Equities facilitate transactions in the Shares 118 According to the Registration Statement, the Rule 9.2(a), which imposes a duty of IOPV will be based on the current value of the during all trading sessions. As provided due diligence on its ETP Holders to securities, spot foreign exchange contracts and/or in NYSE Arca Equities Rule 7.6, learn the essential facts relating to every cash required to be deposited in exchange for Fund Commentary .03, the minimum price customer prior to trading the Shares; (3) Shares. The IOPV will not necessarily reflect the variation (‘‘MPV’’) for quoting and entry precise composition of the current portfolio of the risks involved in trading the Shares securities held by a Fund at a particular point in of orders in equity securities traded on time or the best possible valuation of the current the NYSE Arca Marketplace is $0.01, 121 FINRA surveils trading on the Exchange portfolio. Therefore, the IOPV should not be viewed with the exception of securities that are pursuant to a regulatory services agreement. The as a ‘‘real-time’’ update of each Fund’s NAV, which priced less than $1.00 for which the Exchange is responsible for FINRA’s performance is computed only once a day. The IOPV will be under this regulatory services agreement. generally determined by using both current market MPV for order entry is $0.0001. 122 For a list of the current members of ISG, see quotations and/or price quotations obtained from http://www.isgportal.org. The Exchange notes that broker-dealers that may trade in the portfolio or make widely available Portfolio Indicative not all components of the Disclosed Portfolio for the securities and other instruments held by the Funds. Values published on CTA or other data feeds. Fund may trade on markets that are members of ISG 119 Currently, it is the Exchange’s understanding 120 See NYSE Arca Equities Rule 7.12, or with which the Exchange has in place a that several major market data vendors display and/ Commentary .04. comprehensive surveillance sharing agreement.

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during the Opening and Late Trading dollars) or more par amount outstanding information services such as Bloomberg Sessions when an updated Portfolio and significant par value traded to be or Reuters. The Web site for the Funds Indicative Value will not be calculated considered as an eligible investment, will include a form of the prospectus for or publicly disseminated; (4) how and a U.S. corporate bond must have the Funds and additional data relating information regarding the Portfolio $100 million (or an equivalent value if to NAV and other applicable Indicative Value is disseminated; (5) the denominated in a currency other than quantitative information. Moreover, requirement that ETP Holders deliver a United States dollars) or more par prior to the commencement of trading, prospectus to investors purchasing amount outstanding and significant par the Exchange will inform its ETP newly issued Shares prior to or value traded to be considered as an Holders in an Information Bulletin of concurrently with the confirmation of a eligible investment. The Exchange may the special characteristics and risks transaction; and (6) trading information. obtain information via ISG from other associated with trading the Shares. In addition, the Bulletin will exchanges that are members of ISG or reference that the Funds are subject to with which the Exchange has entered Trading in Shares of a Fund will be various fees and expenses described in into a comprehensive surveillance halted if the circuit breaker parameters the Registration Statement. The Bulletin sharing agreement. The aggregate value in NYSE Arca Equities Rule 7.12 have will discuss any exemptive, no-action, of all of each Fund’s illiquid securities been reached or because of market and interpretive relief granted by the and Rule 144A Securities shall not conditions or for reasons that, in the Commission from any rules under the exceed 15% of the Fund’s total assets. view of the Exchange, make trading in Exchange Act. The Bulletin will also The Funds will not invest in any non- the Shares inadvisable, and trading in disclose that the NAV for the Shares U.S registered equity securities. Each the Shares will be subject to NYSE Arca will be calculated after 4:00 p.m. E.T. Fund’s investments will be consistent Equities Rule 8.600(d)(2)(D), which sets each trading day. with the Fund’s investment objective forth circumstances under which Shares 2. Statutory Basis and will not be used to enhance of a Fund may be halted. In addition, as leverage. The Funds will not invest in noted above, investors will have ready The basis under the Exchange Act for options contracts, futures contracts or access to information regarding the this proposed rule change is the 125 swap agreements. Funds’ holdings, the IOPV, the requirement under Section 6(b)(5) of the The proposed rule change is designed Disclosed Portfolio, and quotation and Act 123 that an exchange have rules that to promote just and equitable principles last sale information for the Shares. are designed to prevent fraudulent and of trade and to protect investors and the manipulative acts and practices, to public interest in that the Exchange will The proposed rule change is designed promote just and equitable principles of obtain a representation from the issuer to perfect the mechanism of a free and trade, to remove impediments to, and of the Shares that the NAV per Share open market and, in general, to protect perfect the mechanism of a free and will be calculated daily and that the investors and the public interest in that open market and, in general, to protect NAV and the Disclosed Portfolio will be it will facilitate the listing and trading investors and the public interest. made available to all market of additional types of actively-managed The Exchange believes that the participants at the same time. In exchange-traded products that will proposed rule change is designed to addition, a large amount of information enhance competition among market prevent fraudulent and manipulative is publicly available regarding the participants, to the benefit of investors acts and practices in that the Shares will Funds and the Shares, thereby and the marketplace. As noted above, be listed and traded on the Exchange promoting market transparency. the Exchange has in place surveillance pursuant to the initial and continued Moreover, the IOPV will be widely procedures relating to trading in the listing criteria in NYSE Arca Equities disseminated by one or more major Shares and may obtain information via Rule 8.600. The Exchange has in place market data vendors at least every 15 ISG from other exchanges that are surveillance procedures that are seconds during the Exchange’s Core members of ISG or with which the adequate to properly monitor trading in Trading Session. On each business day, Exchange has entered into a the Shares in all trading sessions and to before commencement of trading in comprehensive surveillance sharing deter and detect violations of Exchange Shares in the Core Trading Session on rules and applicable federal securities the Exchange, the Funds will disclose agreement. In addition, as noted above, laws. The Investment Adviser has on their Web site the Disclosed Portfolio investors will have ready access to implemented a ‘‘fire wall’’ with respect that will form the basis for the Funds’ information regarding the Funds’ to its affiliated broker-dealers regarding calculation of NAV at the end of the holdings, the IOPV, the Disclosed access to information concerning the business day. Information regarding Portfolio, and quotation and last sale composition and/or changes in the market price and trading volume of the information for the Shares. Funds’ portfolios. All short-term debt Shares will be continually available on B. Self-Regulatory Organization’s and money market securities acquired a real-time basis throughout the day on Statement on Burden on Competition by the Funds will be rated investment brokers’ computer screens and other grade by at least one NRSRO or, if electronic services, and quotation and The Exchange does not believe that unrated, deemed by the Investment last sale information will be available the proposed rule change will impose 124 Adviser to be of equivalent quality. via the CTA high-speed line. Price any burden on competition that is not The Fund will invest only in corporate information for the debt securities, fixed necessary or appropriate in furtherance bonds that the Investment Adviser income instruments, and other of the purpose of the Exchange Act. The investments held by the Funds will be deems to be sufficiently liquid at time Exchange notes that the proposed rule of investment. Generally a non-U.S. available through major market data change will facilitate the listing and corporate bond must have $200 million vendors and/or the securities exchange trading of additional types of actively- (or an equivalent value if denominated on which they are listed and traded. in a currency other than United States Foreign currency exchange rates are managed exchange-traded products that generally readily available from on-line will enhance competition among market 123 15 U.S.C. 78f(b)(5). participants, to the benefit of investors 124 See note 12, supra. 125 See note 111, supra. and the marketplace.

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C. Self-Regulatory Organization’s Commission and any person, other than to the trading of standardized options Statement on Comments on the those that may be withheld from the on MIAX. Specifically, the Exchange is Proposed Rule Change Received From public in accordance with the proposing to provide the MIAX Top of Members, Participants, or Others provisions of 5 U.S.C. 552, will be Market (‘‘ToM’’), a direct data feed that No written comments were solicited available for Web site viewing and features the Exchange’s best bid and printing in the Commission’s Public or received with respect to the proposed offer, with aggregate size and last sale Reference Room, 100 F Street NE., rule change. information on the MIAX system. Washington, DC 20549, on official III. Date of Effectiveness of the business days between the hours of The text of the proposed rule change Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the is also available on the Exchange’s Web Commission Action filing will also be available for site at http://www.miaxoptions.com/ filter/wotitle/rule_filing, at MIAX’s Within 45 days of the date of inspection and copying at the principal office of the Exchange. All comments principal office, and at the publication of this notice in the Federal Commission’s Public Reference Room. Register or within such longer period (i) received will be posted without change; as the Commission may designate up to the Commission does not edit personal II. Self-Regulatory Organization’s identifying information from 90 days of such date if it finds such Statement of the Purpose of, and submissions. You should submit only longer period to be appropriate and Statutory Basis for, the Proposed Rule information that you wish to make publishes its reasons for so finding or Change available publicly. All submissions (ii) as to which the self-regulatory should refer to File No. SR–NYSEArca– organization consents, the Commission In its filing with the Commission, the 2013–18 and should be submitted on or will: Exchange included statements before March 27, 2013. (A) By order approve or disapprove concerning the purpose of and basis for the proposed rule change, or For the Commission, by the Division of the proposed rule change and discussed Trading and Markets, pursuant to delegated any comments it received on the (B) institute proceedings to determine 126 whether the proposed rule change authority. proposed rule change. The text of these should be disapproved. Kevin M. O’Neill, statements may be examined at the Deputy Secretary. places specified in Item IV below. The IV. Solicitation of Comments [FR Doc. 2013–05124 Filed 3–5–13; 8:45 am] Exchange has prepared summaries, set Interested persons are invited to BILLING CODE 8011–01–P forth in sections A, B, and C below, of submit written data, views, and the most significant aspects of such arguments concerning the foregoing, statements. including whether the proposed rule SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION A. Self-Regulatory Organization’s Comments may be submitted by any of Statement of the Purpose of, and [Release No. 34–69007; File No. SR–MIAX– Statutory Basis for, the Proposed Rule the following methods: 2013–05] Change Electronic Comments Self-Regulatory Organizations; Miami 1. Purpose • Use the Commission’s Internet International Securities Exchange LLC; comment form (http://www.sec.gov/ Notice of Filing and Immediate The purpose of the proposed rule rules/sro.shtml); or Effectiveness of Proposed Rule change is to establish the ToM market • Send an email to rule- Change To Establish the MIAX Top of data product. ToM provides a direct [email protected]. Please include File Market (‘‘ToM’’) Data Product data feed that includes the Exchange’s Number SR–NYSEArca–2013–18 on the best bid and offer, with aggregate size, subject line. February 28, 2013. Pursuant to the provisions of Section based on displayable order and quoting Paper Comments 19(b)(1) of the Securities Exchange Act interest on the Exchange. The ToM data 1 feed includes data that is identical to • Send paper comments in triplicate of 1934 (‘‘Act’’) and Rule 19b–4 thereunder,2 notice is hereby given that the data sent to the processor for the to Elizabeth M. Murphy, Secretary, Options Price Reporting Authority Securities and Exchange Commission, on February 15, 2013, Miami International Securities Exchange LLC (‘‘OPRA’’). The ToM and OPRA data 100 F Street NE., Washington, DC leave the MIAX system at the same time, 20549–1090. (‘‘MIAX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission as required under Section 5.2(c)(iii)(B) All submissions should refer to File (‘‘Commission’’) a proposed rule change of the Limited Liability Company Number SR–NYSEArca–2013–18. This as described in Items I, II, and III below, Agreement of the Options Price file number should be included on the which Items have been prepared by the Reporting Authority LLC (the ‘‘OPRA subject line if email is used. To help the Exchange. The Commission is Plan’’), which prohibits the Commission process and review your publishing this notice to solicit dissemination of proprietary comments more efficiently, please use comments on the proposed rule change information on any more timely basis only one method. The Commission will from interested persons. than the same information is furnished post all comments on the Commission’s to the OPRA System for inclusion in Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s OPRA’s consolidated dissemination of rules/sro.shtml). Copies of the Statement of the Terms of Substance of options information. submission, all subsequent the Proposed Rule Change In addition to MIAX’s best bid and amendments, all written statements The Exchange is filing a proposal to offer, with aggregate size and last sale with respect to the proposed rule establish a market data product related change that are filed with the information, subscribers to ToM will also receive: Opening imbalance Commission, and all written 126 17 CFR 200.30–3(a)(12). communications relating to the 1 15 U.S.C. 78s(b)(1). condition information; opening and proposed rule change between the 2 17 CFR 240.19b–4. intra-day routing information; Expanded

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Quote Range 3 information; Post-Halt trade by providing all subscribers with become effective pursuant to 19(b)(3)(A) Notification 4 and Liquidity Refresh 5 top of market data that should enable of the Act 11 and Rule 19b-4(f)(6) 12 condition information. MIAX Market them to make informed decisions on thereunder. Makers receive this additional trading in MIAX options by using the At any time within 60 days of the information by way of connectivity with ToM data to assess current market filing of the proposed rule change, the the MIAX Express Interface (‘‘MEI’’); 6 conditions that directly affect such Commission summarily may those who are not MIAX Market Makers decisions. The market data provided by temporarily suspend such rule change if must subscribe to ToM in order to ToM removes impediments to, and is it appears to the Commission that such receive the additional information. designed to further perfect, the action is necessary or appropriate in the The Exchange expects to file with the mechanisms of a free and open market public interest, for the protection of Commission to assess fees applicable to and a national market system by making investors, or otherwise in furtherance of ToM. Such fees will not be assessed the MIAX market more transparent and the purposes of the Act. If the until the first full calendar month accessible to market participants making Commission takes such action, the during which MIAX lists and trades routing decisions concerning their Commission shall institute proceedings options overlying at least 100 options orders. to determine whether the proposed rule underlying securities. Once MIAX The ToM market data product is also should be approved or disapproved. begins listing and trading options designed to protect investors and the overlying at least 100 underlying public interest by providing data to IV. Solicitation of Comments securities, and subject to filing with the subscribers that is already currently Interested persons are invited to Commission, MIAX will assess market available on other exchanges 9 and will submit written data, views, and data fees applicable to ToM. enable MIAX to compete with such arguments concerning the foregoing, 2. Statutory Basis other exchanges, thereby offering market including whether the proposed rule participants with additional data in change is consistent with the Act. MIAX believes that its proposed rule order to seek the market center with the Comments may be submitted by any of 7 change is consistent with Section 6(b) best price and the most liquidity on the following methods: of the Act in general, and furthers the which to execute their transactions, all 8 Electronic Comments objectives of Section 6(b)(5) of the Act to the benefit of investors and the public in particular, in that it is designed to interest, and to the marketplace as a • Use the Commission’s Internet prevent fraudulent and manipulative whole. comment form (http://www.sec.gov/ acts and practices, to promote just and rules/sro.shtml); or equitable principles of trade, to foster B. Self-Regulatory Organization’s • Send an email to rule- cooperation and coordination with Statement on Burden on Competition [email protected]. Please include File persons engaged in facilitating The Exchange does not believe that Number SR–MIAX–2013–05 on the transactions in securities, to remove the proposed rule change will impose subject line. impediments to and perfect the any burden on competition not mechanisms of a free and open market necessary or appropriate in furtherance Paper Comments and a national market system and, in of the purposes of the Act. • Send paper comments in triplicate general, to protect investors and the On the contrary, the Exchange to Elizabeth M. Murphy, Secretary, public interest, and it is not designed to believes that the ToM market data Securities and Exchange Commission, permit unfair discrimination among product will enhance competition in the 100 F Street NE., Washington, DC customers, brokers, or dealers. U.S. options markets by providing 20549. The ToM product is designed to similar data to that which is currently All submissions should refer to File promote just and equitable principles of provided on another options Number SR–MIAX–2013–05. This file exchange.10 number should be included on the 3 Where there is an imbalance at the price at which the maximum number of contracts can trade C. Self-Regulatory Organization’s subject line if email is used. To help the that is also at or within the highest valid width Statement on Comments on the Commission process and review your quote bid and lowest valid width quote offer, the comments more efficiently, please use System will calculate an Expanded Quote Range Proposed Rule Change Received From (‘‘EQR’’). The EQR will be recalculated any time a Members, Participants or Others only one method. The Commission will Route Timer or Imbalance Timer expires if material post all comments on the Commission’s conditions of the market (imbalance size, ABBO Written comments were neither Internet Web site (http://www.sec.gov/ price or size, liquidity price or size, etc.) have solicited or received. rules/sro.shtml). Copies of the changed during the timer. Once calculated, the EQR will represent the limits of the range in which III. Date of Effectiveness of the submission, all subsequent transactions may occur during the opening process. Proposed Rule Change and Timing for amendments, all written statements See Exchange Rule 503(f)(5). Commission Action with respect to the proposed rule 4 After the Exchange has determined to end a change that are filed with the trading system halt, the System will broadcast to Because the foregoing proposed rule subscribers of the Exchange’s data feeds a Post-Halt change does not: (i) Significantly affect Commission, and all written Notification. See Exchange Rule 504(d). communications relating to the 5 the protection of investors or the public If a Market Maker quote was all or part of the interest; (ii) impose any significant proposed rule change between the MIAX Best Bid or Offer (‘‘MBBO’’) and the Market Commission and any person, other than Maker’s quote was exhausted by the partial burden on competition; and (iii) become execution of the initiating order, the System will operative for 30 days after the date of those that may be withheld from the pause the market for a time period not to exceed the filing, or such shorter time as the one second to allow additional orders or quotes 11 Commission may designate, it has 15 U.S.C. 78s(b)(3)(A). refreshing the liquidity at the MBBO to be received 12 17 CFR 240.19b-4(f)(6). In addition, Rule 19b- (‘‘liquidity refresh pause’’). See Exchange Rule 4(f)(6) requires a self-regulatory organization to give 515(c)(1)(iii)(A). 9 See Securities Exchange Act Release No. 60459 the Commission written notice of its intent to file 6 MEI is a connection to MIAX systems that (August 7, 2009), 74 FR 41466 (August 17, 2009) the proposed rule change at least five business days enables Market Makers to submit electronic quotes (SR–Phlx–2009–54) (Order Approving a Proposed prior to the date of filing of the proposed rule to MIAX. Rule Change to Establish Fees for the Top of PHLX change, or such shorter time as designated by the 7 15 U.S.C. 78f(b). Options Direct Data Feed Product). Commission. The Exchange has satisfied this 8 15 U.S.C. 78f(b)(5). 10 Id. requirement.

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public in accordance with the possible additional exhibitions or 19, 2013, at the Cleveland Museum of provisions of 5 U.S.C. 552, will be venues yet to be determined, is in the Art in Cleveland, Ohio from September available for Web site viewing and national interest. I have ordered that 29, 2013 to January 5, 2014, and at printing in the Commission’s Public Public Notice of these Determinations possible additional exhibitions or Reference Room, 100 F Street NE., be published in the Federal Register. venues yet to be determined, is in the Washington, DC 20549, on official FOR FURTHER INFORMATION CONTACT: For national interest. I have ordered that business days between the hours of further information, including a list of Public Notice of these Determinations 10:00 a.m. and 3:00 p.m. Copies of such the exhibit objects, contact Julie be published in the Federal Register. filing also will be available for Simpson, Attorney-Adviser, Office of FOR FURTHER INFORMATION CONTACT: For inspection and copying at the principal the Legal Adviser, U.S. Department of further information, including a list of office of the Exchange. All comments State (telephone: 202–632–6467). The the additional exhibit objects, contact received will be posted without change; mailing address is U.S. Department of Ona M. Hahs, Attorney-Adviser, Office the Commission does not edit personal State, SA–5, L/PD, Fifth Floor (Suite of the Legal Adviser, U.S. Department of identifying information from 5H03), Washington, DC 20522–0505. State (telephone: 202–632–6473). The submissions. You should submit only Dated: February 28, 2013. mailing address is U.S. Department of information that you wish to make J. Adam Ereli, State, SA–5, L/PD, Fifth Floor (Suite available publicly. All submissions 5H03), Washington, DC 20522–0505. should refer to File Number SR–MIAX– Principal Deputy Assistant Secretary, Bureau Dated: February 26, 2013. 2013–05 and should be submitted on or of Educational and Cultural Affairs, Department of State. before March 27, 2013. J. Adam Ereli, [FR Doc. 2013–05219 Filed 3–5–13; 8:45 am] Principal Deputy Assistant Secretary, Bureau For the Commission, by the Division of BILLING CODE 4710–05–P of Educational and Cultural Affairs, Trading and Markets, pursuant to delegated Department of State. authority.13 [FR Doc. 2013–05216 Filed 3–5–13; 8:45 am] Kevin M. O’Neill, DEPARTMENT OF STATE BILLING CODE 4710–05–P Deputy Secretary. [Public Notice 8215] [FR Doc. 2013–05166 Filed 3–5–13; 8:45 am] BILLING CODE 8011–01–P Culturally Significant Objects Imported DEPARTMENT OF TRANSPORTATION for Exhibition Determinations: ‘‘Sicily: Art and Invention Between Greece and Office of the Secretary DEPARTMENT OF STATE Rome’’ Applications for Certificates of Public [Public Notice 8216] ACTION: Notice, correction. Convenience and Necessity and Culturally Significant Objects Imported Foreign Air Carrier Permits SUMMARY: On September 5, 2012, notice for Exhibition Determinations: was published on page 54647 of the Notice of Applications for Certificates ‘‘Overdrive: L.A. Constructs the Federal Register (volume 77, number of Public Convenience and Necessity Future, 1940–1990’’ 172) of determinations made by the and Foreign Air Carrier Permits Filed SUMMARY: Notice is hereby given of the Department of State pertaining to the Under Subpart B (formerly Subpart Q) following determinations: Pursuant to exhibit ‘‘Sicily: Art and Invention during the Week Ending February 16, the authority vested in me by the Act of Between Greece and Rome.’’ The 2013. The following Applications for October 19, 1965 (79 Stat. 985; 22 U.S.C. referenced notice is corrected to Certificates of Public Convenience and 2459), Executive Order 12047 of March accommodate additional objects to be Necessity and Foreign Air Carrier 27, 1978, the Foreign Affairs Reform and included in the exhibition. Pursuant to Permits were filed under Subpart B Restructuring Act of 1998 (112 Stat. the authority vested in me by the Act of (formerly Subpart Q) of the Department 2681, et seq.; 22 U.S.C. 6501 note, et October 19, 1965 (79 Stat. 985; 22 U.S.C. of Transportation’s Procedural seq.), Delegation of Authority No. 234 of 2459), Executive Order 12047 of March Regulations (See 14 CFR 301.201 et October 1, 1999, Delegation of Authority 27, 1978, the Foreign Affairs Reform and seq.). The due date for Answers, No. 236–3 of August 28, 2000 (and, as Restructuring Act of 1998 (112 Stat. Conforming Applications, or Motions to appropriate, Delegation of Authority No. 2681, et seq.; 22 U.S.C. 6501 note, et Modify Scope are set forth below for 257 of April 15, 2003), I hereby seq.), Delegation of Authority No. 234 of each application. Following the Answer determine that the objects to be October 1, 1999, and Delegation of period DOT may process the application included in the exhibition ‘‘Overdrive: Authority No. 236–3 of August 28, 2000 by expedited procedures. Such L.A. Constructs the Future, 1940–1990,’’ (and, as appropriate, Delegation of procedures may consist of the adoption imported from abroad for temporary Authority No. 257 of April 15, 2003), I of a show-cause order, a tentative order, exhibition within the United States, are hereby determine that the additional or in appropriate cases a final order of cultural significance. The objects are objects to be included in the exhibition without further proceedings. imported pursuant to loan agreements ‘‘Sicily: Art and Invention Between Docket Number: DOT–OST–2013– with the foreign owners or custodians. Greece and Rome,’’ imported from 0032. I also determine that the exhibition or abroad for temporary exhibition within Date Filed: Februrary 15, 2013. display of the exhibit objects at The J. the United States, are of cultural Due Date for Answers, Conforming Paul Getty Museum, Los Angeles, CA, significance. The additional objects are Applications, or Motion to Modify from on or about April 9, 2013, until on imported pursuant to a loan agreement Scope: March 8, 2013. or about July 21, 2013; and the National with the foreign owner or custodian. I Description: Joint application of Building Museum, Washington, DC, also determine that the exhibition or United Air Lines, Inc. (‘‘United’’), from on or about October 15, 2013, until display of the additional exhibit objects Continental Airlines, Inc. on or about March 2, 2014, and at at The J. Paul Getty Museum in Los (‘‘Continental’’), Continental Angeles, California from on or about Micronesia, Inc. (‘‘Continental 13 17 CFR 200.30–3(a)(12). April 3, 2013, until on or about August Micronesia’’) and Air Micronesia, Inc.

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(‘‘Air Micronesia’’) (collectively, the Avenue SE., Docket Operations, M–30, options available to people with ‘‘Joint Applicants’’) notifying the West Building, Ground Floor, Room disabilities beyond the requirements of Department of an upcoming corporate W12–140, Washington, DC 20590–0001 the Americans with Disabilities Act name change of Continental to ‘‘United between 9:00 a.m. and 5:00 p.m., (ADA) of 1990. Grant recipients are Airlines, Inc.’’, requests reissuance of Monday through Friday, except federal required to make information available their certificates of public convenience holidays. to the public and to publish a program and necessity and economic and other Instructions: You must include the of projects which identifies the authorities to reflect this name change, agency name and docket number for this subrecipients and projects for which the and request that the trade name notice at the beginning of your State or designated recipient is applying ‘‘Continental’’ be registered for use in comments. Submit two copies of your for financial assistance. FTA uses the their operations as may be needed comments if you submit them by mail. information to determine eligibility for during the completion of their merger For confirmation that FTA has received funding and to monitor the grantees’ and integration process. your comments, include a self- progress in implementing and Barbara J. Hairston, addressed stamped postcard. Note that completing project activities. FTA all comments received, including any collects performance information Acting Program Manager, Docket Operations, Federal Register Liaison. personal information, will be posted annually from designated recipients in and will be available to Internet users, rural areas, small urbanized areas, other [FR Doc. 2013–05145 Filed 3–5–13; 8:45 am] without change, to www.regulations.gov. direct recipients for small urbanized BILLING CODE 4910–9X–P You may review DOT’s complete areas, and designated recipients in Privacy Act Statement in the Federal urbanized areas of 200,000 persons or DEPARTMENT OF TRANSPORTATION Register published April 11, 2000, (65 greater. FTA collects milestone and FR 19477), or you may visit financial status reports from designated Federal Transit Administration www.regulations.gov. Docket: For access recipients in large urbanized areas on a to the docket to read background quarterly basis. The information [FTA Docket No. FTA–2003–0014] documents and comments received, go submitted ensures FTA’s compliance Notice of Request for the Extension of to www.regulations.gov at any time. with applicable federal laws and OMB a Currently Approved Information Background documents and comments Circular A–102. Collection received may also be viewed at the U.S. Respondents: State and local Department of Transportation, 1200 government, private non-profit AGENCY: Federal Transit Administration, New Jersey Avenue SE., Docket organizations and public transportation DOT. Operations, M–30, West Building, authorities. ACTION: Notice of request for comments. Ground Floor, Room W12–140, Estimated Annual Burden on Washington, DC 20590–0001 between Respondents: 251 hours for each of the SUMMARY: In accordance with the 9:00 a.m. and 5:00 p.m., Monday respondents. Paperwork Reduction Act of 1995, this through Friday, except federal holidays. Estimated Total Annual Burden: notice announces the intention of the FOR FURTHER INFORMATION CONTACT: 129,679 hours. Federal Transit Administration (FTA) to Mr. Frequency: Annual. request the Office of Management and Gilbert Williams, FTA Office of Program Budget (OMB) to extend the following Management (202) 366–0797, or email: Issued: February 28, 2013. currently approved information [email protected]. Matthew M. Crouch, collection: 49 U.S.C. 5317—New SUPPLEMENTARY INFORMATION: Interested Deputy Administrator for Administration. Freedom Program. parties are invited to send comments [FR Doc. 2013–05144 Filed 3–5–13; 8:45 am] regarding any aspect of this information DATES: Comments must be submitted BILLING CODE P before May 6, 2013. collection, including: (1) The necessity and utility of the information collection ADDRESSES: To ensure that your comments are not entered more than for the proper performance of the DEPARTMENT OF TRANSPORTATION once into the docket, submit comments functions of the FTA; (2) the accuracy identified by the docket number by only of the estimated burden; (3) ways to Federal Transit Administration enhance the quality, utility, and clarity one of the following methods: [Docket FTA–2013–0013] 1. Web site: www.regulations.gov. of the collected information; and (4) Follow the instructions for submitting ways to minimize the collection burden Joint Development: Proposed Circular comments on the U.S. Government without reducing the quality of the electronic docket site. (Note: The U.S. collected information. Comments AGENCY: Federal Transit Administration Department of Transportation’s (DOT’s) submitted in response to this notice will (FTA), DOT. electronic docket is no longer accepting be summarized and/or included in the ACTION: Notice of Availability of electronic comments.) All electronic request for OMB approval of this Proposed Circular and Request for submissions must be made to the U.S. information collection. Comments Government electronic docket site at Title: 49 U.S.C. 5317—New Freedom www.regulations.gov. Commenters Program. SUMMARY: The Federal Transit should follow the directions below for (OMB Number: 2132–0565). Administration (FTA) has placed in the mailed and hand-delivered comments. Background: 49 U.S.C. 5317, the New docket and on its web site proposed 2. Fax: 202–493–2251. Freedom Program, authorizes the guidance, in the form of a circular, on 3. Mail: U.S. Department of Secretary of Transportation to make joint development. This circular Transportation, 1200 New Jersey grants to states for areas with a provides guidance to recipients of Avenue SE., Docket Operations, M–30, population of less than 200,000 and Federal Transit Administration (FTA) West Building, Ground Floor, Room designated recipients in urbanized areas financial assistance on how to use FTA W12–140, Washington, DC 20590–0001. of 200,000 persons or greater to reduce funds or FTA-funded real property for 4. Hand Delivery: U.S. Department of barriers to transportation services and joint development. This circular: (1) Transportation, 1200 New Jersey expand the transportation mobility Defines the term ‘‘joint development’’;

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(2) explains how to determine which a.m. and 5:00 p.m., Monday through capital project, including the funding joint development activities are eligible Friday, except Federal holidays. sources, project eligibility criteria, for FTA funding; (3) describes the legal FOR FURTHER INFORMATION CONTACT: For crosscutting requirements, and requirements applicable to the legal questions, Jayme L. Blakesley, restrictions on the use of real property acquisition, use, and disposition of Office of Chief Counsel, 1200 New acquired with federal assistance. The FTA-funded real property; and (4) Jersey Avenue SE., Room E56–316, real property section includes outlines the most common crosscutting phone: (202) 366–0304, or email, discussion on the requirements for real requirements. This circular incorporates [email protected]; For program property acquisition, satisfactory provisions of the Moving Ahead for questions, Sharon Pugh, Office of continuing control, incidental use, and Progress in the 21st Century Act (MAP– Budget and Policy, Federal Transit disposition. 21), Public Law 112–141 (2012), Administration, 1200 New Jersey Ave. advances the goals of 49 U.S.C. 5315 by SE., Room E52–322, Washington, DC C. Chapter III—FTA Assistance for informing FTA recipients of 20590, phone: (202) 366–0713, or email, Planning and Capital Projects opportunities for private sector [email protected]. Chapter III describes the eligibility participation in public transportation SUPPLEMENTARY INFORMATION: requirements for an FTA-funded joint projects, and includes the most current development capital project or planning guidance for the federal public I. Introduction activity. transportation program. By this notice, It is FTA’s policy to maximize the FTA invites public comment on this utility of FTA-funded projects and to FTA planning grants are available to proposed circular. encourage transit agencies to generate assist states, metropolitan planning DATES: Comments must be submitted by program income through joint organizations, local governments, and April 5, 2013. Late-filed comments will development. The benefits of joint others to plan transportation projects, be considered to the extent practicable. development include revenue including joint developments. ADDRESSES: You may submit comments generation for the transit system through FTA program funds may be used to to DOT Docket ID Number FTA–2013– ‘‘value capture’’ mechanisms, such as support capital projects. The Moving 0013 by any of the following methods: income derived from rental or lease Ahead for Progress in the Twenty First Federal e-Rulemaking Portal: Go to payments, and private sector Century Act (MAP–21), Public Law http://www.regulations.gov and follow contributions to public infrastructure. 112–141, provides the most recent the online instructions for submitting Other benefits include shared costs, authorization for FTA’s programs. comments. efficient land use, reduced distance MAP–21 explicitly includes joint Mail: Docket Management Facility: between transportation and other development within the definition of U.S. Department of Transportation, 1200 activities, economic development, capital project. The proposed circular New Jersey Avenue SE., West Building, increased transit ridership, and describes the MAP–21 provisions on Ground Floor, Room W12–140, improved transit connectivity. joint development and explains each Washington, DC 20590–0001. This proposed circular is intended to element of the statutory eligibility Hand Delivery or Courier: West guide interested parties through the criteria. Chapter III is based on Building Ground Floor, Room W12–140, FTA program and policy requirements previously published guidance on the 1200 New Jersey Avenue SE., between that must be considered when pursuing eligibility of joint development 9 a.m. and 5 p.m. Eastern time, Monday a joint development project. activities for FTA funding. 72 FR 5788 through Friday, except Federal holidays. This following is a summary of the (Feb. 7, 2007). Fax: 202–493–2251. proposed circular. The proposed Instructions: You must include the circular itself is not included in this D. Chapter IV—Real Property agency name (Federal Transit notice; an electronic version may be Considerations Administration) and Docket number found on FTA’s Web site at Chapter IV reviews the requirements (FTA–2013–0013) for this notice at the www.fta.dot.gov or on the Docket at applicable to the acquisition, use, and beginning of your comments. You www.regulations.gov (Docket No. FTA– disposition of real property acquired should submit two copies of your 2013–0013). Paper copies of the with FTA funds. Chapter IV gives comments if you submit them by mail. proposed circular may be obtained by special attention to circumstances that If you wish to receive confirmation that contacting FTA’s Administrative are most likely to be part of a joint FTA received your comments, you must Services Help Desk at (202) 366–4865. include a self-addressed stamped FTA seeks comment on the proposed development project. For example, postcard. Note that all comments circular. Chapter IV discusses subordination of the federal government’s unrecorded received will be posted without change II. Chapter Summary to http://www.regulations.gov including interest in real property, the incidental any personal information provided and A. Chapter I—Introduction and use of real property for non-transit will be available to internet users. You Background purposes, and the maintenance of satisfactory continuing control of real may review DOT’s complete Privacy Act Chapter I is an introductory chapter. property in the context of a joint Statement published in the Federal It defines terms used throughout the development project. Register on April 11, 2000 (65 FR proposed circular, provides a brief 19477). Docket: For access to the docket background of FTA’s authorizing E. Chapter V—Crosscutting Federal to read background documents and legislation, the effect of the circular, and Requirements comments received, go to http:// instructions for how to contact FTA. www.regulations.gov at any time or to Chapter V reviews federal the U.S. Department of Transportation, B. Chapter II—Circular Overview requirements that are not unique to 1200 New Jersey Ave. SE., Docket Chapter II introduces the substance of public transportation projects, but Operations, M–30, West Building the proposed circular. It describes joint which have application to all federally Ground Floor, Room W12–140, development as a concept and lists assisted projects, including joint Washington, DC 20590 between 9:00 several elements of a joint development development projects funded by FTA.

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III. Request for Comments and BNSF has certified that: (1) No local BNSF has filed environmental and Examples traffic has moved over the line for at historic reports that address the effects, In addition to general comments least two years; (2) there is no overhead if any, of the abandonment on the about the proposed circular, FTA invites traffic on the line; (3) no formal environment and historic resources. comments on the following topics complaint filed by a user of rail service OEA will issue an environmental specifically: on the line (or by a state or local assessment (EA) by March 11, 2013. Currently, the proposed circular does government entity acting on behalf of Interested persons may obtain a copy of not expressly define the term ‘‘fair share such user) regarding cessation of service the EA by writing to OEA (Room 1100, of revenue’’ and does not set a monetary over the line either is pending with the Surface Transportation Board, threshold for the same. Instead, FTA Surface Transportation Board or with Washington, DC 20423–0001) or by proposes to reserve the right to decline any U.S. District Court or has been calling OEA at (202) 245–0305. funding for a joint development project decided in favor of complainant within Assistance for the hearing impaired is if the project does not generate a the two-year period; and (4) the available through the Federal meaningful amount of revenue. FTA requirements at 49 CFR 1105.7(c) Information Relay Service at (800) 877– seeks comment on how it should assess (environmental report), 49 CFR 1105.11 8339. Comments on environmental and whether a project generates a ‘‘fair share (transmittal letter), 49 CFR 1105.12 historic preservation matters must be of revenue,’’ including any measures or (newspaper publication), and 49 CFR filed within 15 days after the EA criteria FTA should use. 1152.50(d)(1) (notice to governmental becomes available to the public. Environmental, historic preservation, The proposed circular does not yet agencies) have been met. public use, or trail use/rail banking include a chapter on the process FTA As a condition to this exemption, any conditions will be imposed, where will follow to review and approve or employee adversely affected by the abandonment shall be protected under appropriate, in a subsequent decision. concur in a joint development project. Pursuant to the provisions of 49 CFR Before drafting this chapter, FTA seeks Oregon Short Line Railroad— Abandonment Portion Goshen Branch 1152.29(e)(2), BNSF shall file a notice of comment from its stakeholders. After consummation with the Board to signify considering comments, FTA intends to Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. that it has exercised the authority include a chapter on FTA’s review granted and fully abandoned the line. If process in the final version of the 91 (1979). To address whether this condition adequately protects affected consummation has not been effected by proposed circular. BNSF’s filing of a notice of FTA requests the submission of employees, a petition for partial revocation under 49 U.S.C. 10502(d) consummation by March 6, 2014, and examples that illustrate the many issues there are no legal or regulatory barriers that arise in joint development projects. must be filed. Provided no formal expression of to consummation, the authority to Issued in Washington, DC, this 27th day of abandon will automatically expire. February, 2013. intent to file an offer of financial assistance (OFA) has been received, this Board decisions and notices are Peter Rogoff, exemption will be effective on April 5, available on our Web site at Administrator. 2013, unless stayed pending ‘‘www.stb.dot.gov.’’ [FR Doc. 2013–05226 Filed 3–5–13; 8:45 am] reconsideration. Petitions to stay that do Decided: March 1, 2013. BILLING CODE P not involve environmental issues,1 By the Board, Rachel D. Campbell, formal expressions of intent to file an Director, Office of Proceedings. OFA under 49 CFR 1152.27(c)(2),2 and Raina S. White, DEPARTMENT OF TRANSPORTATION trail use/rail banking requests under 49 Clearance Clerk. Surface Transportation Board CFR 1152.29 must be filed by March 18, [FR Doc. 2013–05175 Filed 3–5–13; 8:45 am] 2013. Petitions to reopen or requests for BILLING CODE 4915–01–P public use conditions under 49 CFR [Docket No. AB 6 (Sub-No. 487X)] 1152.28 must be filed by March 26, BNSF Railway Company— 2013, with the Surface Transportation DEPARTMENT OF THE TREASURY Abandonment Exemption—in Cook Board, 395 E Street SW., Washington, County, Ill. DC 20423–0001. Office of Foreign Assets Control A copy of any petition filed with the BNSF Railway Company (BNSF) has Board should be sent to BNSF’s Designation of 1 Individual Pursuant to filed a verified notice of exemption representative: Karl Morell, BALL Executive Order 13224 of September under 49 CFR part 1152 subpart F– JANIK LLP, Suite 225, 655 Fifteenth 23, 2001, ‘‘Blocking Property and Exempt Abandonments to abandon Street NW., Washington, DC 20005. Prohibiting Transactions with Persons approximately 1.1 miles of rail line in If the verified notice contains false or Who Commit, Threaten to Commit, or Chicago, in Cook County, Ill., as follows: misleading information, the exemption Support Terrorism’’ (1) Approximately 0.50 miles of track is void ab initio. AGENCY: Office of Foreign Assets (Sangamon Street Line) from south of Control, Treasury. Western Avenue Yard at 16th Street 1 The Board will grant a stay if an informed ACTION: Notice. (Station 186+79), extending to the red decision on environmental issues (whether raised board south of Cullerton Street (Station by a party or by the Board’s Office of Environmental ————————— 163+50); and (2) approximately 0.60 Analysis (OEA) in its independent investigation) SUMMARY: The Treasury Department’s cannot be made before the exemption’s effective miles of track (Lumber Street Line) from date. See Exemption of Out-of-Serv. Rail Lines, 5 Office of Foreign Assets Control West Cermak Road at the Colonial Brick I.C.C. 2d 377 (1989). Any request for a stay should (‘‘OFAC’’) is publishing the name of 1 switch (Station 157+65), extending to be filed as soon as possible so that the Board may individual whose property and interests the end of the line on Lumber Street take appropriate action before the exemption’s in property are blocked pursuant to effective date. (Station 197+81). The line traverses 2 Each OFA must be accompanied by the filing Executive Order 13224 of September 23, United States Postal Service Zip Codes fee, which is currently set at $1,600. See 49 CFR 2001, ‘‘Blocking Property and 60608 and 60616. 1002.2(f)(25). Prohibiting Transactions With Persons

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Who Commit, Threaten To Commit, or the economic sanctions. The Order was or technological support for, or financial Support Terrorism.’’ further amended by Executive Order or other services to or in support of, DATES: The designation by the Director 13284 of January 23, 2003, to reflect the such acts of terrorism or those persons of OFAC of the 1 individual in this creation of the Department of Homeland listed in the Annex to the Order or notice, pursuant to Executive Order Security. determined to be subject to the Order or 13224, is effective on February 26, 2013. Section 1 of the Order blocks, with to be otherwise associated with those FOR FURTHER INFORMATION CONTACT: certain exceptions, all property and persons listed in the Annex to the Order Assistant Director, Compliance interests in property that are in or or those persons determined to be Outreach & Implementation, Office of hereafter come within the United States subject to subsection 1(b), 1(c), or 1(d)(i) Foreign Assets Control, Department of or the possession or control of United of the Order. the Treasury, Washington, DC 20220, States persons, of: (1) Foreign persons On February 26, 2013 the Director of tel.: 202/622–2490. listed in the Annex to the Order; (2) OFAC, in consultation with the SUPPLEMENTARY INFORMATION: foreign persons determined by the Departments of State, Homeland Secretary of State, in consultation with Security, Justice and other relevant Electronic and Facsimile Availability the Secretary of the Treasury, the agencies, designated, pursuant to one or This document and additional Secretary of the Department of more of the criteria set forth in information concerning OFAC are Homeland Security and the Attorney subsections 1(b), 1(c) or 1(d) of the available from OFAC’s Web site General, to have committed, or to pose Order, 1 individual whose property and (www.treas.gov/ofac) or via facsimile a significant risk of committing, acts of interests in property are blocked through a 24-hour fax-on-demand terrorism that threaten the security of pursuant to Executive Order 13224. service, tel.: 202/622–0077. U.S. nationals or the national security, The listings for this individual on foreign policy, or economy of the United Background OFAC’s list of Specially Designated States; (3) persons determined by the Nationals and Blocked Persons appear On September 23, 2001, the President Director of OFAC, in consultation with as follows: issued Executive Order 13224 (the the Departments of State, Homeland ‘‘Order’’) pursuant to the International Security and Justice, to be owned or Individual Emergency Economic Powers Act, 50 controlled by, or to act for or on behalf 1. NOORZAI, Mullah Ahmed Shah U.S.C. 1701–1706, and the United of those persons listed in the Annex to (a.k.a. SHAH, Haji Ahmad; a.k.a. Nations Participation Act of 1945, 22 the Order or those persons determined SHAH, Haji Mullah Ahmad; a.k.a. U.S.C. 287c. In the Order, the President to be subject to subsection 1(b), 1(c), or SHAH, Maulawi Ahmed; a.k.a. declared a national emergency to 1(d)(i) of the Order; and (4) except as SHAH, Mullah Mohammed), address grave acts of terrorism and provided in section 5 of the Order and Quetta, Pakistan; DOB 01 Jan 1985; threats of terrorism committed by after such consultation, if any, with alt. DOB 1981; POB Quetta, foreign terrorists, including the foreign authorities as the Secretary of Pakistan; Passport NC5140251 September 11, 2001 terrorist attacks in State, in consultation with the Secretary (Pakistan) issued 23 Oct 2009 New York, Pennsylvania, and at the of the Treasury, the Secretary of the expires 22 Oct 2014; National ID Pentagon. The Order imposes economic Department of Homeland Security and No. 5440122880259 (Pakistan) sanctions on persons who have the Attorney General, deems (individual) [SDGT]. committed, pose a significant risk of appropriate in the exercise of his committing, or support acts of terrorism. discretion, persons determined by the Dated: February 26, 2013. The President identified in the Annex to Director of OFAC, in consultation with Adam J. Szubin, the Order, as amended by Executive the Departments of State, Homeland Director, Office of Foreign Assets Control. Order 13268 of July 2, 2002, 13 Security and Justice, to assist in, [FR Doc. 2013–05232 Filed 3–5–13; 8:45 am] individuals and 16 entities as subject to sponsor, or provide financial, material, BILLING CODE 4810–AL–P

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Part II

The President

Proclamation 8937—National Consumer Protection Week, 2013 Proclamation 8938—10th Anniversary of the United States Department of Homeland Security Proclamation 8939—100th Anniversary of the United States Department of Labor Order of March 1, 2013—Sequestration Order for Fiscal Year 2013 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

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Federal Register Presidential Documents Vol. 78, No. 44

Wednesday, March 6, 2013

Title 3— Proclamation 8937 of March 1, 2013

The President National Consumer Protection Week, 2013

By the President of the United States of America

A Proclamation Over 4 years ago, widespread abuses in America’s financial system nearly brought our economy to its knees. Millions saw their life savings erode, businesses shuttered their doors, and families were devastated by job loss and foreclosure. This crisis cast a harsh light on the breakdown in oversight that led to an epidemic of irresponsibility, and it highlighted the need for common-sense regulations to protect the vast majority of Americans from the reckless actions of a few. During National Consumer Protection Week, we remember those lessons, and we recognize that our shared pros- perity depends on empowering all Americans to make sound decisions for themselves and their families. My Administration is ramping up consumer protection throughout the economy. Last year, we established a new unit to combat fraud and investigate the abusive lending and mortgage packaging that led to the housing crisis. We launched the ‘‘Know Before You Owe’’ campaign to help students and their parents make smart decisions about paying for college. We cracked down on unscrupulous lenders and credit card companies that charge hidden fees. And we did away with the practice of adding pages of misleading fine print to important financial agreements. We are also committed to helping consumers avoid scams, protect their personal information, and make good financial decisions. That is why agencies across the Federal Government joined with consumer advocates to launch www.NCPW.gov, an online resource that provides practical advice for managing finances and safeguarding against identity theft. As the driving force behind our economy, consumers deserve clear rules, fair treatment, and full disclosure. Whether opening credit cards, buying cars, applying for mortgages, or taking out student loans, all Americans should have access to complete, concise information. This week, we resolve to strengthen consumer rights and build a more transparent, efficient, effective marketplace. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 3 through March 9, 2013, as National Consumer Protection Week. I call upon government officials, industry leaders, and advocates across the Nation to share information about consumer protection and provide our citizens with information about their rights as consumers.

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IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand thirteen, and of the Independ- ence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–05394 Filed 3–5–13; 11:15 am] Billing code 3295–F3

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Proclamation 8938 of March 1, 2013

10th Anniversary of the United States Department of Home- land Security

By the President of the United States of America

A Proclamation Ten years ago, when the tragic events of September 11 were fresh in our hearts and our Nation found itself in a more uncertain world, the United States Department of Homeland Security (DHS) opened its doors with a single task: keeping the American people safe. Day by day, hour by hour, the Department has advanced that critical mission through a decade of shifting threats and new challenges. We take this opportunity to recognize its accomplishments and pay tribute to the people who have made them possible. Alongside its partners in government and the private sector, DHS has taken action to make our borders and ports more secure, our critical infrastructure and cyber networks more resilient, and our people more engaged in addressing the dangers we face. While threats persist, America is better prepared to meet them, and we stand ready to overcome whatever challenges the future holds. Homeland security cannot begin and end with the Federal Government; it takes commitment from every part of society. By forging lasting partnerships with stakeholders at home and abroad, DHS has worked to streamline our legal immigration system, stem the tide of illegal immigration, and chart a course toward sensible reform. And in a decade marked by national emergencies and natural disasters, the Department has invested in communities nationwide, improving our preparedness for times of crisis. As we commemorate a decade of service, our Nation recognizes the men and women who have carried out the Department of Homeland Security’s vision for a safer, stronger America. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 1, 2013, as the 10th Anniversary of the United States Department of Homeland Secu- rity. I call upon all Americans to recognize the United States Department of Homeland Security for improving America’s readiness and resilience.

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[FR Doc. 2013–05395 Filed 3–5–13; 11:15 am] Billing code 3295–F3

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Proclamation 8939 of March 1, 2013

100th Anniversary of the United States Department of Labor

By the President of the United States of America

A Proclamation On March 4, 1913, President William Howard Taft signed a bill establishing the United States Department of Labor—an agency charged with promoting the welfare of American workers and ensuring their efforts are rewarded with fair wages and real protections. After decades of struggle by labor leaders and ordinary citizens, the Department took up the cause of justice in the workplace and lifted it to the highest halls of government. Over the course of a century, the Department of Labor has fought to secure strong safeguards for workers and their families. It helped lay the cornerstones of middle class security, from the 40-hour work week and the minimum wage to family leave and pensions. As the agency once led by our Nation’s first female Cabinet Secretary, the Department has broken down barriers to equal opportunity in the workplace. And for decades, it has improved worker safety and health and aggressively combated child labor at home and abroad. Today, the Department of Labor is working to restore the basic bargain that built our country: that no matter what you look like or where you come from, if you work hard and meet your responsibilities, you can get ahead. It is forging new ladders of opportunity so a generation of workers can get the 21st century skills and training they need. And to preserve a century’s progress in labor rights, the Department will continue to ensure hardworking Americans always have a voice in government and on the job. On this centennial, we recognize the dedicated public servants at the Depart- ment of Labor who have helped move our country forward, and we reaffirm our commitment to giving America’s workers the chance to build a brighter future for themselves and their families. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 4, 2013, as the 100th Anniversary of the United States Department of Labor. I call upon all Americans to observe this day with appropriate programs, ceremonies, and activities that recognize the United States Department of Labor for upholding dignity in our workplaces and our way of life.

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[FR Doc. 2013–05396 Filed 3–5–13; 11:15 am] Billing code 3295–F3

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Order of March 1, 2013

Sequestration Order for Fiscal Year 2013 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act, as amended (the ‘‘Act’’), 2 U.S.C. 901a, I hereby order that budgetary resources in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget in its report to the Congress of March 1, 2013. Pursuant to sections 250(c)(6), 251A, and 255(e) of the Act, budgetary resources subject to sequestration shall be new budget authority, unobligated balances of defense function accounts carried over from prior fiscal years, direct spending authority, and obligation limitations. All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget’s report of March 1, 2013, prepared pursuant to section 251A(11) of the Act.

THE WHITE HOUSE, Washington, March 1, 2013. [FR Doc. 2013–05397 Filed 3–5–13; 11:15 am] Billing code 3295–F3

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Reader Aids Federal Register Vol. 78, No. 44 Wednesday, March 6, 2013

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 17 CFR Presidential Documents 3 CFR 201...... 14179 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 8933...... 14429 19 CFR 8934...... 14431 Other Services 12...... 14183 8935...... 14433 Electronic and on-line services (voice) 741–6020 8936...... 14435 21 CFR Privacy Act Compilation 741–6064 8937...... 14627 189...... 14012 Public Laws Update Service (numbers, dates, etc.) 741–6043 8938...... 14629 700...... 14012 TTY for the deaf-and-hard-of-hearing 741–6086 8939...... 14631 890...... 14013, 14015 Administrative Orders: ELECTRONIC RESEARCH Memorandum of 25 CFR February 20, 2013 ...... 13997 11...... 14017 World Wide Web Notice of March 1, 2013 (see EO 13288 26 CFR Full text of the daily Federal Register, CFR and other publications of 3/6/2003; EO Proposed Rules: is located at: www.fdsys.gov. 13391 of 11/22/ 57...... 14034 Federal Register information and research tools, including Public 2005; EO 13469 of Inspection List, indexes, and links to GPO Access are located at: 7/25/2008) ...... 14427 27 CFR Order of March 1, www.ofr.gov. Proposed Rules: 2013 ...... 14633 9...... 14046 E-mail 5 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 29 CFR an open e-mail service that provides subscribers with a digital 2640...... 14437 2520...... 13781 form of the Federal Register Table of Contents. The digital form Proposed Rules: 2560...... 13797 of the Federal Register Table of Contents includes HTML and 850...... 14233 2571...... 13797 PDF links to the full text of each document. 7 CFR 33 CFR To join or leave, go to http://listserv.access.gpo.gov and select 7...... 13771 Online mailing list archives, FEDREGTOC-L, Join or leave the list 100...... 13811 205...... 13776 (or change settings); then follow the instructions. 117 ...... 14185, 14444, 14446 761...... 13999 165 ...... 13811, 14185, 14188 PENS (Public Law Electronic Notification Service) is an e-mail 762...... 13999 service that notifies subscribers of recently enacted laws. 905...... 13777 34 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: Proposed Rules: and select Join or leave the list (or change settings); then follow 905...... 14236 Chapter III...... 14480, 14483 the instructions. 10 CFR 36 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. Proposed Rules: 7...... 14447 430...... 14467 Reference questions. Send questions and comments about the 431...... 14024 40 CFR Federal Register system to: [email protected] 52...... 14020, 14450 The Federal Register staff cannot interpret specific documents or 12 CFR 60...... 14457 regulations. Proposed Rules: 63...... 14457 Reminders. Effective January 1, 2009, the Reminders, including 234...... 14024 80...... 14190 136...... 14457 Rules Going Into Effect and Comments Due Next Week, no longer 14 CFR appear in the Reader Aids section of the Federal Register. This 180...... 14461 information can be found online at http://www.regulations.gov. 25 ...... 14005, 14007, 14155 Proposed Rules: 39 ...... 14158, 14160, 14162, 180...... 14487 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 14164, 14442 372...... 14241 longer appears in the Federal Register. This information can be 97...... 14009, 14010 found online at http://bookstore.gpo.gov/. 117...... 14166 44 CFR 121...... 14166 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MARCH Proposed Rules: 201...... 13844 25...... 13835 13771–13998...... 1 39 ...... 14029, 14467, 14469 46 CFR 13999–14154...... 4 71 ...... 13843, 14031, 14032, Proposed Rules: 14155–14428...... 5 14473, 14474, 14475, 14477, 67...... 14053 14429–14634...... 6 14478, 14479 47 CFR 15 CFR 54...... 13936 Proposed Rules: Proposed Rules: 400...... 14238 73...... 14060, 14490

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49 CFR 50 CFR 679 ...... 13812, 13813, 14465 300...... 14490 219...... 14217 17...... 14022 Proposed Rules: 622...... 14069, 14503 Proposed Rules: 622...... 14225 17...... 14245 660...... 14259 571...... 13853 648 ...... 13812, 14226, 14230 20...... 14060 679...... 14490

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